In pursuant to the perusal of the investigation record and examining the merits of the appeal
court judgment together with the reasons raised by the petitioner, we conclude as follows:
Firstly: with regard to the criminal responsibility of the accused within the framework of the
reason raised by the accused`s attorney before the appeal court and under which the trial
court judgment was challenged on the basis of verification of the accused`s age in view of
the fact that he has not yet attained adulthood.
Upon my thorough review of the investigation record and minutes of the trial, it was evident
that the accused stated as from being interrogated that his age is 18 years and has never
alleged to be of young ages in his statements before the interrogator on page (2-3) as well as
when recorded his judicial admission on page (7) of the journal of inquiry.
The accused’s attorney Al Noor Abd Al Ghani Suleiman has only sought before the
Attorney General of Darfur Crimes the release of the accused pointing out therein that the
accused was born in 2000 and requested to be send to the Medical Commission.
The Attorney General of Darfur Crimes being the supervising prosecutor over the
investigation in respect of such report, has issued his decision on 10/08/2017 on page (109)
of the journal of inquiry pointing out therein that the 1st accused admitted that he had
attained the age of criminal responsibility and did not require age estimation. The Attorney
General has therefore indicted him and referred the case papers to the court. The defence
has not challenged such decision and was satisfied therewith.
The procedures moved to the court. At the beginning of hearing the accused admitted that
his age was 18 years which was written down in the non-summary trial form. The accused
did not allege to be of a young age when provided his statements before the court in page
(13) of the minutes. When responding to the accusation on page (19) of the minutes he did
not plead not guilty but responded in the words of his attorney that he was not guilty and
the pregnancy was after the termination of relationship and was under threat (this was his
defence line).
He neither pleaded to be of young age nor his attorney pointed out to the same in the final
pleadings at the end of proceedings.
In consideration of the premises, it is evident that the accused appeared before the trial court
in the appearance of 18 years old adult man. This was and evidence for bearing the
consequences of his statements and acts. There is neither a doubt about bearing the criminal
responsibility nor raising a doubt about his ages for initiating an investigation by the court.
In addition to this, the matter has not been decided upon at the level of investigation by the
Attorney General of Darfur Crimes towards which the accused and his attorney kept silent
throughout the proceedings before the court.