Saturday, October 23, 2010

As UN Gambari Plans Hand Over to Bashir in Sudan, Torture Complaint Mulled at UN

By Matthew Russell Lee

UNITED NATIONS, October 19 -- Could the UN, or the chief of its peacekeeping mission in Darfur Ibrahim Gambari, be on the verge of violating the UN Convention Against Torture?

Inner City Press asked the chairman of the UN Committee Against Torture Claudio Grossman this question on October 19, referring to the leaked documents showing Gambari's plan to turn over five supporters of Fur rebel Abdel Wahid Nur to the government of Omar al Bashir, accused of genocide, war crimes and, yes, torture. Video here, from Minute 23:25.

Grossman answered that “as to the UN system... no one should be sent to places where he or she will be tortured.” Video here from Minute 30. He cited this prohibition to Article 3 of the Convention.

Inner City Press asked, but if a complaint is filed about Gambari's and the UN's pending turn over of five people to Bashir, how would Grossman's Committee Against Torture process it? Video here, from Minute 30:20.

Grossman said that while in one sense the Committee's work is limited to member states, there is creative lawyering. Not only other venues such as Working Groups and the Special Rapporteur on Torture, but also “journalism can play a role,” he said.

So one wonders why the SLA, or someone on behalf of the Kalma Five, doesn't start raising the question as an anti-torture issue, using Gambari's draft -- which contains no assurances on this -- as the basis for the complaints? Watch this site.