Last edited Sat Nov 21, 2015, 04:24 PM - Edit history (1)
20 November 2015
“The factual situation is that they are Turkish warrants.’’
The dispute as to whether the warrants of arrest for the four Israeli commanders were issued by South Africa or by Turkey saw a controversial spur of headlines in the media.
Attorney Ziyaad Patel who represented the complainant, Gadija Davids, in conjunction with the Muslim Lawyers Association (MLA), in the case clarified the matter speaking to CII Radio.
In response to the later statement and upon practical analysis, Patel resolved that ,“the court order was granted in 2014 by the Seventh High criminal Court of Istanbul which lead to the warrants of arrest to the four commandos.”
Thus the warrants were not issued by South Africa, but by a Turkish court in 2014, Patel said.
The confusion stems from a statement issued by Brigadier Hangwani Mulaudzi- which confirmed that the warrants have been issued, will be exercised, and are in the possession of the attorney of record. “The error seems to be in the understanding of the framework,” Patel expounded.
Allegedly, the question that was put to Malaudzi was, did South Africa issue a warrant of arrest.
“The simple answer to that would have been no, he has no knowledge,” Patel pointed out, adding that it is not the factual situation.
The factual situation, he continued, is that they are Turkish warrants.
South Africa engaged in a two –fold enquiry in order to obtain authority for the execution and exercise of the warrants.
Essentially the question of jurisdiction had to be established and accordingly, it was found that South Africa could act in this particular matter.
The second enquiry was is there legislation to support South Africa’s action. Duly, such law did exist in the form of International jurisdiction.
Proportionately, this denotes that a person who is accused of committing war crimes and crimes against humanity must be held accountable and cannot be allowed to roam the world freely, Patel asserted.
The above precedent has been propelled by the Rome statute which obligates SA, in this instance to exercise the warrants of execution in terms of South African Law.
Arrest of Commanders
An arrest alert notice in this regard was circulated to the South African Border Control system on 3 September 2015.
This means that the Zionist commanders face imminent arrest upon entry into the Republic of South Africa.
Once the warrants of arrests are enforced, it will be communicated to Interpol Pretoria, which will then liaise with counterparties-the Turkish Interpol in order for a red alert notice to be issued.
Subsequently, both Turkish and South African authorities will engage in further deliberation on where the execution needs to be exercised.
The Turkish Republic holds discretion to request for extradition of the perpetrators.
http://www.ciibroadcasting.com/2015/11/20/attorney-slams-disinformation-campaign-seeking-to-diminish-symbolism-of-arrest-warrants-for-israeli-soldiers/
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