By Dr. David Nyekorach-Mazi Matsanga
Dear Secretary General,
1. Mr. Secretary General, the ICC Chief Prosecutor AA Karim Khan presented his report to UNSC today 25th January 202. This is a routine report to the UNSC about the situation in DARFUR and SUDAN in general. Sudan is currently walking on a tight rope and at the edge of a precipice on matters concerning ICC and its involvement in the Darfur victims’ justice and reconciliation matters.
2. Mr. Secretary General, I want to state from the onset that I respect International Jurisdiction that gives justice to all not selected Justice. The manner in which ICC investigated most AFRICAN situations leaves a lot to be desired and must BE INVESTIGATED THROUGH A PUBLIC INQUIRY .
3. Mr. Secretary General, all African cases before the ICC Chambers from the first one in my country Uganda up to the current pending ones were BUNGLED BY INVESTIGATORS and THE EVIDENCE FAKED by the former Chief Prosecutors LUIS MORENO OCAMPO , and FATOU BENSOUNDA . They acted on behalf of INTERNATIONAL TAXPAYERS and are supposed to be ANSWERED to the world.
4. Mr. Secretary General the cases of Libya , Sudan , Kenya , Ivory Coast , Democratic Republic of Congo, Central Africa Republic , Burundi , and other situations in Africa had a similar PATTERN OF DECEIT and WITNESS PROCUREMENT by the previous OTP Chief Prosecutors and the world cannot seek Justice while forgetting INJUSTICES committed against individuals and countries based on DECEIT of the former Chief Prosecutors at the OTP.
5. Mr. Secretary General truth be told, the two previous Chief Prosecutors of ICC destroyed the image of the ICC in front the international community . The first Chief Prosecutor was corrupt , a money launderer ,addicted gambler , who gambled away over $17million dollars that was being managed by his Personal Assistant who later on bribed her way to the Apex of the ALTAR of International Justice.
6. Mr. Secretary General I have attached evidence how I struggled to bring to the notice of the TYPE OF MAFIA OPERATIONS that surrounded all African cases.
“I refer you to my Public Redacted Version – Prosecution’s comments on the “CONFIDENTIAL APPLICATION WITH CONFIDENTIAL ANNEXES OF DR. DAVID NYEKORACH- MATSANGA FOR THE DISQUALIFICATION OF THE PROSECUTOR PURSUANT TO ARTICLE 42(8) OF THE STATUTE”
ICC-01/09-90-Red -13 September 2012 | Office of the Prosecutor”
7. Mr Secretary General the second Chief Prosecutor Fatou Bensouda just made matters worse at the OTP by further taking on cases that were BUNGLED and with faked evidence , coverups and total abuse of office . The amount of Injustices done by the OTP top officials have never been put under a PUBLIC INTERNATIONAL COMMISSION OF INQUIRY to ascertain the TRUTH about the allegations .
8. Mr. Secretary General from the above it would be UNFAIR to those wrongly accused like the case of Sudan DARFUR Situation where WITNESSES were PROCURED , AIRLIFTED , & Given INCENTIVES to LIE against General Bashir and others in the cases before ICC which the new Chief Prosecutor Mr. A A . KARIM KHAN has just briefed the UNSC on the same .
9. Mr. Secretary General the ICC SUSPECTS in all AFRICAN CASES have suffered SIMILAR FATES and have had no recourse to international mechanism of RESTITUTION. The Sudan DARFUR ICC investigations were a complete SHAM. They involved bribery of the witnesses and the investigators from the OTP were compromised. It is sad that most supporters of the court are adamant that justice must take its course.
10. Mr. Secretary General over 70 years Hitler killed millions and up to date we still prosecute the Nazi Criminals and seek justice. Why have we covered UP the BAD ACTS of both ICC OTP namely LUIS MORENO OCAMPO & FATOU BENSOUDA who violated ARTICLE 70 without REPRIMAND.
11. Mr. Secretary General there are a number of reasons for the IMMEDIATE DIRECT EMPLOYERS of ICC OTP to be cautious and concerned about the effect the ICC Africa’s bungled and doctored cases . The EFFECTS of these cases have DESTROYED THE IMAGE of the ICC in The Hague with diverstating consequences on the MERITS to handle and proceed with the DARFUR situation which could affect the national sovereignty and political situation in Sudan.
12. Mr. Secretary General, it is my greatest belief that ICC is an intruder whose presence should not be-allowed or welcomed in Africa in the FORMAT I have mentioned above. To me, it is INJUSTICE to continue PERSECUTING and DISMEMBERING SUDAN without an INDEPENDENT PUBLIC INQUIRY into the serious FLAWS committed by the FORMER PROSECUTORS.
13. Mr. Secretary General, the ICC is tagged as a neocolonial Kangaroo court only keen to target, prosecute, and persecute Africans. I must hasten to add that I have not said PEOPLE did not DIE, NO, people died but the WAY the cases were INVESTIGATED was wrong. Looking at the ICC data base, one finds 90% of the ICC cases are coming from African continent.
14. Mr. Secretary General there are hard questions that need answers and the international community need to know .Why has the UNSC not ORDERED for investigation into Iraq where the former Prime Minister Tony Blair and General Colin Powell & FAKED DOSSIERS and killed millions?
15. Mr. Secretary General, the ICC case of Sudan has the most basic principles of international law where cannot be bound by a treaty to which it is not a party. Further, the long-standing international legal norms hold that a state cannot be bound to legal assertions that it has specifically rejected. Why is U.S.A. and France pushing forward for Bashir’s blood yet they cannot accuse Bush or Sarkozy for their Crimes .
16. Mr. Secretary General , seeking to impose international legal requirements and jurisdiction on unwilling sovereign states is unsupportable, and a clear contravention of the same international law. It also has significant implications for states that are unable or unwilling to ratify the Rome Statue establishing the ICC.U.S.A. , Russia, China, India .
17. Mr. Secretary General the Sudanese leadership have asked for sanctions to be removed and now instead of the removal of these sanctions America and other Permanent UNSC members are using the ICC as like in the stick and carrot politics. Most of the countries have bolted out of ICC?
18. Mr. Secretary General, the most principal and most likely only reason America pursued Article 98 agreements was out of concern that the ICC could be used as a tool by those opposed to its foreign policy to make political statements through ICC prosecutions. Why then pressure the Sudan to follow the ICC route when U.S.A. the biggest violator of same crimes else is not brought book?
19. Mr .Secretary General,supporters of the ICC and those who live in denial disparage some of us and want General Bashir to be handed over to the ICC in The Hague . This is unnecessary. I want to state here that the fact of the matter is that ICC is a fire breathing dragon that could further disintegrate Sudan.
TRUTH & FACTS
20. Mr. Secretary General, one of the objectives of ICC was to protect and keep peace in the world . But the organization has been abused by unscrupulous countries like USA that have failed to Ratify the 1998 Rome Treaty under Article 98 of ICC Statute. Most of the ICC cases from Africa were and are politically motivated by countries that cannot be indicted by ICC .
22. Mr. Secretary General they USA has used ICC to settle old scores, no doubt this is already evident in Sudan. The USA is behind the current malaise that has destroyed Sudan . Peace has grown in DARFUR and Sudanese are living together as Sudanese . The AU Mbeki Mediation Team worked hard and restored a REDEMPTION STRATEGY in Sudan . Why then do we USE UN MSC to have further sanctions on Sudan?
23. Mr.Secretary General, a nother issue I would like to raise with the UNSC through the YOU is the ICC’s relative lack of checks and balances to prevent the OTP from being misused in future .The ICC represents a dangerous temptation for those with evil political axes to grind on African states like Sudan.
24. If the UN Secretary General is in doubt and is too blind to see this, let UN look at the question of Israel. Despite the fact that Israel is not a party to the Rome Statute, the ICC prosecutor AA KARIM KHAN is reportedly exploring ways to prosecute Israeli commanders for alleged war crimes committed during the recent actions in Gaza. But the same UNSC is divided on the Israel question . Why then push for Sudan case?
25. Mr.Secretary General the current situation in Sudan raises other side issues why the Military took power . It’s a CAN of worms that precipitates a crisis that should be left solely to the people of Sudan and its governance to solve. The ICC should cut its journey short in Sudan .
26. Mr.Secretary General , fake indictment against Omar al-Bashir for his alleged involvement in crimes committed in Darfur aggravated the situation in Sudan and could today again lead to the disintegration of the country like Somalia . The new Chief Prosecutor of ICC took over FAKE case of Sudan which already carry the burden of Darfur atrocities . This burden can’t rest only on the shoulders of one individual -Bashir . There’s an African adage that goes, ” He who will hold another down in the mud must stay in the mud to keep him down.”
27. Mr.Secretary General the renewed powers to ICC through the UNSC goes on against Sudan and against the will of the Government which I raised above as FAKED EVIDENCE . These could destabilizes Sudan, it could also rekindle the conflict that could sink the already fragile country into further bloodshed. The daily demonstration could get fuel from the ICC new powers to engage in the ICC cases of DARFUR .
29. These dangers are real and not imaginary, they will spur most African countries near Sudan , which would bear the most immediate consequences of a more chaotic Sudan. Chapter VII Article 39,40 will be threatened by the same UNSC that should safeguard it .
Mr. Secretary General , it is my clarion call on the UN Security Council to quash the indictment and leave the matter in the hands of Sudan Courts and defer the al-Bashir prosecution for the sake of Peace in the region.
30. Mr. Secretary General Sudan should not be used as an experiment of U.S.A. disgraced Foreign policy . It is interesting to see major countries like USA ,China, India, and Russia not members of ICC but they wielded huge powers and say during the Sudan indictment .
31. Mr.Secretary General most of these countries that voted to indict Bashir have refused to ratify the Rome Statute out of concern that it unduly infringes on their foreign, and security policy decisions issues, rightly reserved to sovereign governments.
32. As I rest my case, my questions to the leadership of UNSC are many but I will stick to one important one . What is more important for the world order? PEACE in DARFUR and the whole Sudan or Chaos?
33. Mr. Secretary General why Chapter VII is going to be violated by the same UNSC through the actions of ICC Chief Prosecutor by destabilizing the Sudan? Why should the authorities in Khartoum handover GENERAL BASHIR TO STAND A FAKED TRIAL , CORRUPTED THROUGH PROCURED WITNESSES , WITH FLAWED INVESTIGATION OF DARFUR ? :
34. CHAPTER VII: Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression (Articles 39-51) The ICC ACTIONS IN SUDAN DARFUR COULD TRIGGER A NEW THREAT OF WAR IN SAHEL REGION .
35. Mr.Secretary General I end my letter by submitting that the only CURE & MEDICINE LEFT AT UN DISPOSAL INTO THE FLAWED ICC INVESTIGATIONS in African cases is TO SET UP an INDEPENDENT INTERNATIONAL COMMISSION IF INQUIRY INTO THE CONDUCT OF THE PAST ICC OTP CONDUCT AND ABUSE PLUS MISUSE OF ICC OTP OFFICE BY USA & FRANCE for INTERNATIONAL POLITICAL EXPEDIENCY.
36. Mr. Secretary General are you the only visitor in Jerusalem who can’t see the hand of U.S.A. and France in the SERIOUS CONFLICTS in the Sahel region of Africa ? Smell the coffee and wake up! If other Africans are SILENT I will not be silent while our continent is kept in HEADLINES for wrong reasons .
God bless Africa & United Nation
Dr. David Nyekorach -Mazi Matsanga
Founder & Chairman
Pan African Forum (UK) Ltd
London United Kingdom
1. To all UNSC Members .
2.The Foreign&Commonwealth office UK
3.The Presidency of Sudan
4. AU Chairperson Dr.Mahat Faki
5. All AU Member states
6. EAC Secretary General
7. IGAD Secretariat
8. SADC Secretariat
9. ECOWAS Secretariat
10. OTP ICC Chief Prosecutor
11. Prof.David Hoile United Kingdom
12. Chief Charles TAKU (My international Lawyer )