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Sudan

BNP Paribas (Sudan)

Type of liability
Personnes physiques et morales

Alleged perpetrator(s)
BNP Paribas

Nationality of alleged perpetrator(s)
French

Legal classification of crime(s)
Complicity in torture and acts of barbarity
Complicity in crimes against humanity
Complicity in genocide
Money laundering and handling of the proceeds of these crimes

Source of the complaint
NGO
Victim

Ongoing proceedings
oui

Regime
3 - 689-11 CPP

Summary of facts

From 2002 to 2008, BNP Paribas was the main foreign bank of the Sudanese government, at a time when the latter was subject to sanctions by the United States and the European Union.

During this period, Sudanese government forces and their Janjaweed militia were engaged in an armed conflict with rebel groups.

Government forces and allied militias allegedly killed, tortured, detained, forcibly displaced, raped and assaulted tens of thousands of civilians.

According to a “guilty plea” procedure conducted by the U.S. Department of Justice (DOJ) in June 2014, BNP allegedly served, at least between 2002 and 2008, as a de facto central bank for the Sudanese authorities, enabling them to circumvent the sanctions in force through financial arrangements in order to access the dollar market and carry out financial transactions.

It is alleged that these financial transactions enabled Sudan to obtain substantial sums of money used to finance the abuses committed by government forces and allied militias.

Amnesty International France recalls that everyone is presumed innocent until proven guilty according to law.

Legal proceedings

<p>September 26, 2019: nine Sudanese victims, supported by FIDH and Project Expedite Justice, file a complaint with civil party application against BNP Paribas before the investigating judges of the Paris Judicial Court. The complaint targets BNP Paribas as a company (legal person) but also its senior executives.<br />
August 26, 2020: the PNAT opens a judicial investigation into the alleged role of BNP Paribas in the mass atrocities in Sudan.<br />
During 2021: the investigating judges summon the Sudanese victims admitted as civil parties in the case to a hearing.<br />
From March to December 2022: one witness and six Sudanese civil parties are heard by the investigating judges.</p>

Complaint

non

Names of NGOs / Victim(s)

FIDH
Project Expedite Justice

Legal basis for jurisdiction (article)

689-11 CCP

Court of Assizes judgment

n/a

Court of Appeal ruling

n/a

Court of Cassation ruling

n/a

Sources

FIDH, "9 victimes soudanaises portent plainte contre BNP Paribas pour complicité de crimes contre l’humanité", 2019

L'express, "Pourquoi BNP Paribas est visé par une enquête pour crimes contre l'humanité au Soudan", 2020

FIDH, "Soudan : Ouverture d’une information judiciaire sur le rôle présumé de BNP Paribas dans les atrocités commises", 2020

TRIAL International, "Universal Jurisdiction Annual Review 2023"