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No. ICC-02/05-01/20 1 7 December 2020 Original ICC-02/05-01/20-224 07-12-2020 1/15 RH PT Original: English No.: ICC-02/05-01/20 Date: 7 December 2020 PRE-TRIAL CHAMBER II Before: Judge Antoine Kesia-Mbe Mindua, Presiding Judge Judge Tomoko Akane Judge Rosario Salvatore Aitala SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. ALI MUHAMMAD ALI ABD-AL-RAHMAN (“ALI KUSHAYB”) Public with Public Annex A Prosecution’s submissions on the evidence demonstrating that Ali Abd-Al- Rahman is also known as Ali Kushayb pursuant to ICC-02/05-01/20-196 Source: Office of the Prosecutor No. ICC-02/05-01/20 1 7 December 2020 ICC-02/05-01/20-224 07-12-2020 2/15 RH PT Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Mr James Stewart Mr Cyril Laucci Mr Julian Nicholls Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants (Participation/Reparation) The Office of Public Counsel for The Office of Public Counsel for the Victims Defence States Representatives Amicus Curiae REGISTRY Registrar Counsel Support Section Mr Peter Lewis Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No. ICC-02/05-01/20 2 7 December 2020 ICC-02/05-01/20-224 07-12-2020 3/15 RH PT I. INTRODUCTION 1. At all times during the events alleged in the warrants of arrest,1 Mr Ali Muhammad Ali Abd-Al-Rahman was also known by the nickname Ali Kushayb. The name Ali Kushayb should therefore be retained on the case file throughout these proceedings. 2. Evidence from multiple sources, as well as Mr Abd-Al-Rahman’s own conduct and words, establishes that Mr Abd-Al-Rahman was also known as Ali Kushayb. 3. Pursuant to the “Decision on the Prosecutor’s Request for Postponement of the Confirmation Hearing and related deadlines,”2 this submission sets out the evidence that the Prosecution has identified which establishes that references to Ali Kushayb relate to Mr Abd-Al-Rahman. This evidence is as follows: a. Prosecution witnesses know Mr Abd-Al-Rahman by his legal name as well as by his alias Ali Kushayb; b. Details about Ali Kushayb provided by Prosecution witnesses match information relating to Mr Abd-Al-Rahman, in particular, his position of authority, ownership of a pharmacy in Garsila, place of origin and physical characteristics; c. Mr Abd-Al-Rahman’s own conduct demonstrates that he accepts that he is also known as Ali Kushayb; d. Mr Abd-Al-Rahman has used the nickname Ali Kushayb when referring to himself; and e. Other institutions have independently determined that Mr Abd-Al- Rahman and Ali Kushayb are the same person. 1 ICC-02/05-01/07-3-Corr and ICC-02/05-01/07-74-Secret-Exp. 2 ICC-02/05-01/20-196 at para. 38. No. ICC-02/05-01/20 3/15 7 December 2020 ICC-02/05-01/20-224 07-12-2020 4/15 RH PT 4. The Prosecution also appends as Annex A, a table summarising the evidence relied on to support the conclusion that Mr Abd-Al-Rahman was also known as Ali Kushayb during the relevant events described in the arrest warrants. II. SUBMISSIONS a. Prosecution witnesses know Mr Abd-Al-Rahman by his legal name and his alias Ali Kushayb 5. Several Prosecution witnesses who were familiar with Mr Abd-Al-Rahman provide evidence that he was also known as Ali Kushayb: a. P-0117, a former high-ranking member of the army of the Government of the Republic of Sudan (“GoS”),3 knew Mr Abd-Al-Rahman personally as a soldier and provides a detailed description of him.4 He states that “Ali Muhammad Ali Abd-Al-Rahman […] ha[d] the nickname of ‘Ali Kushayb’”.5 P-0117 also provides a photograph and resume of the person that he identifies with these names. This person in the photograph bears a striking resemblance to Mr Abd-Al-Rahman.6 The resume is entitled: CV Warrant officer (Police) Ali Muhammad Ali Abd-al-Rahman ( Kushayb).7 b. P-0769, who worked for the Internal Security Service of Sudan,8 knew of Ali Kushayb through his work. In reference to a document from the Ministry of Defence dated 2005 that assigned vehicles and weapons to an individual named Ali Muhammad Ali Abd-Al-Rahman9, P-0769 states that “Ali MOHAMED ALI ABDELRAHMAN is known as Ali KUSHAYB”.10 He also saw signal communications from the Central Reserve Forces 3 P-0117, DAR-OTP-0128-0042-R01 at 0044 and at 0045, paras. 8-15. 4 P-0117, DAR-OTP-0128-0042-R01 at 0071, paras. 189-193. 5 P-0117, DAR-OTP-0128-0042-R01 at 0071, para. 189. 6 P-0117, DAR-OTP-0128-0110-R01 at 0111. 7 P-0117, DAR-OTP-0128-0107-R01 (Translation DAR-OTP-0215-6789-R01 at 6791). 8 P-0769, DAR-OTP-0212-0018-R01 at 0020, para. 17. 9 P-0769, DAR-OTP-0212-0108 (Translation DAR-OTP-0215-4658 at 4660). 10 P-0769, DAR-OTP-0212-0018-R01 at 0047, para. 248; at 0048, para. 249 and at 0086, para. 585. No. ICC-02/05-01/20 4/15 7 December 2020 ICC-02/05-01/20-224 07-12-2020 5/15 RH PT referring to Mr Abd-Al-Rahman by both his legal name and his nickname Ali Kushayb.11 c. P-0012, a former member of the Popular Police Force12, states that he knew Ali Kushayb prior to 2002 and met him on several occasions.13 He states that “Ali KUSHAYB[’s] . real name is Ali Muhammad ALI”.14 d. P-0879, a student during the conflict states that he was “aware that Ali KUSHAYB is not his real name…[and] that his real name was something similar to ABDELRAHMAN”.15 6. In addition, two Prosecution witnesses use the name Ali Kushayb in conjunction with variants of Mr Abd-Al-Rahman’s legal name, indicating that they are referring to the same person: a. P-0123 states that he spoke to Ali Kushayb on numerous occasions and that “Ali Abdelrahman is part of the actual name of Ali KUSHAYB”.16 b. P-0131, a military intelligence officer, states that he knew a Janjaweed recruiter named ‘Ali Muhammad Abd-a[l]-Rahman Kushayb’.17 He further provides a sketch using the name “Ali Muhammad Ali Abd al- Rahman- ‘Kushayb’” to refer to a Janjaweed leader in the Wadi Salih region of Darfur.18 7. Evidence from a further two Prosecution witnesses confirm that the name “Kushayb” is a nickname: 11 P-0769, DAR-OTP-0212-0296-R01 at 0322, paras. 203-206. 12 P-0012, DAR-OTP-0119-0503-R01 at 0505, paras. 9-10. 13 P-0012, DAR-OTP-0119-0503-R01 at 0512, para. 38. 14 P-0012, DAR-OTP-0119-0503-R01 at 0511, para. 33. 15 P-0879, DAR-OTP-0217-0033-R01 at 0039, para. 32. 16 P-0123, DAR-OTP-0209-0029-R01 at 0034, para. 21. 17 P-0131, DAR-OTP-0158-0964-R01 at 0988, lns. 866-871; DAR-OTP-0158-1024-R01 at 1082, lns. 1954- 1966; DAR-OTP-0158-1091-R01 at 1094, lns. 75-93. 18 P-0131, DAR-OTP-0134-0041-R01 (Translation DAR-OTP-0203-0040-R01 at 0041); DAR-OTP-0134-0032 (Translation DAR-OTP-0158-1359-R01 at 1393-1402). No. ICC-02/05-01/20 5/15 7 December 2020 ICC-02/05-01/20-224 07-12-2020 6/15 RH PT a. P-0884 knew Ali Kushayb from as early as 1998 and states that he was informed that the name Kushayb was a nickname.19 According to P-0884, ‘Kushayb’ was a type of alcohol.20 b. P-0129 similarly knew of Ali Kushayb and stated that “ALI must be his first name [because] KUSHAYB can only be a nickname”.21 8. This body of evidence, obtained over the course of approximately thirteen years, establishes that Mr Abd-Al-Rahman was also known as Ali Kushayb at the time of the events alleged in the warrants of arrest. b. Details about Ali Kushayb provided by Prosecution witnesses match information relating to Mr Abd-Al-Rahman, in particular, his position of authority, ownership of a pharmacy in Garsila, place of origin and physical characteristics 9. Witnesses describing Ali Kushayb provide information that is consistent with or match information relating to Mr Abd-Al-Rahman. i. Position of Authority 10. The evidence establishes that both Mr Abd-Al-Rahman and Ali Kushayb were known to be Janjaweed leaders in Wadi Salih region. In this regard, the Janjaweed was an organised and hierarchical structure.22 Senior commanders were called “Akids” or “Aqids”23. An Akid was a word used to mean a colonel or something similar in the Janjaweed.24 The number of Akids was dependent upon the region, 19 P-0884, DAR-OTP-0216-0503-R01 at 0511 para. 40 and at 0512, para. 42. 20 P-0884, DAR-OTP-0216-0503-R01 at 0512, para. 42. 21 P-0129, DAR-OTP-0128-0128-R01 at 0142, para. 47 and at 0153, para. 95. 22 P-0012, DAR-OTP-0119-0503-R01 at 0510, para. 28. 23 P-0012, DAR-OTP-0119-0503-R01 at 0510, para. 28; P-0091, DAR-OTP-0112-0142-R01 at 0161, para. 91; See also UNOCI, Information report, 11 January 2005, DAR-OTP-0037-0016 at 0017-0018.
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