Author: Communication Department

On 15 September 2020, the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina (BiH) has adopted an initiative that addresses the problem of high fees for the representation of public attorneys. The initiative suggests that the relevant state and entity institutions allow victims of war crimes to be exempted of paying court fees, including compensation for public defenders.

Up until now, citizens have to pay significant fees in case they lose their dispute before civil courts. This is particularly problematic for survivors of war crimes, as they are often rejected when filing lawsuits against state entities, in application of statutes of limitations. The cost of their representation by public attorneys can therefore amount to several thousand Euros. Indeed, the fees are calculated based on the same rules as for the private attorneys, even though public attorneys are on the state’s payroll.

The recent decision by the Parliament is especially significant to survivors seeking their right to compensation for war crimes. As a particularly vulnerable group, they were being “punished” by paying such high fees.

“TRIAL International has long tried to help victims facing such court decisions. Having in mind that most survivors are in a difficult financial situation, this kind of neglect for their rights and needs makes this a final blow by the authorities”, said Lamija Tiro, legal advisor of TRIAL International. “This initiative is only a first step in an attempt to solve this problem by amending the law.  We hope that the competent state and entity institutions will act in accordance with the recommendation of the House of Representatives and quickly start solving this issue.”

The ball is now in the court of the institutions to prepare amendments to the code of civil procedure, thus bringing it in line with the standards of the European Court of Human Rights. The code will have to include a provision allowing victims to be exempted from paying court fees, as well as compensation for public attorneys.

“Currently, victims of war crimes are victims of legal regulations that prevent them from obtaining fair compensation”, said Mirjana Marinkovic-Lepic, a representative of the pro-EU, social-liberal Naša stranka political party. “This double injustice of loosing a case and having to pay for it is only adding to their trauma. It is time for us to guarantee to the victims not to be faced with additional ones.”

 

TRIAL International welcomes the extension of the mandate of the Commission of Inquiry on Burundi. Although ending impunity is a long way ahead, this is a signal that the international community remains vigilant. 

On 7 October 2020, the United Nations Human Rights Council voted for the renewal of the Commission of Inquiry on Burundi (CoI) for one more year.

Three months earlier, TRIAL International and 40 partner NGOs had called on member States to renew the CoI. “We would welcome meaningful and concrete improvements in the human rights situation in Burundi, and we believe that the best chance to achieve such meaningful change is through the renewal of the mandate of the Commission of Inquiry, as well as the Burundian authorities re­initiating dialogue with the CoI, OHCHR, and other UN and AU human rights bodies and me­cha­nisms” stated the address.

Read the full statement

Referring to the election of Évariste Nda­yishimiye in Spring 2020, the joint statement also expressed that “the political tran­si­tion represents an oppor­tu­nity to open a new chapter (for Burundi)”.

 

A meaningful first step towards justice

“The CoI alone cannot end impunity for grave crimes in Burundi” says Pamela Capizzi, National Coordinator at TRIAL International. “But its existence is a sine qua non first step to documenting the abuse and thus towards justice for victims. It is also a welcome signal that the crisis in Burundi remains high on the international agenda.”

As of today, the CoI remains the only independent mechanism mandated to document human rights vio­la­tions and abuses (including on their extent and whether they may constitute crimes under international law), monitor, and publicly report on the situation in Burundi, with suffi­cient resources and ex­perience to do so.

Read more about the work of the Commission of Inquiry

Anti-pandemic measures have eased slightly in Nepal, allowing TRIAL International’s local partner, the Human Rights and Justice Centre (HRJC) to restart its capacity-building sessions for human rights defenders.  

After several months of remote work, the HRJC held its first in-person training session on 28 and 29 September 2020. As part of a project funded by the European Union, three men and one woman were trained on the documentation of enforced disappearance and extrajudicial killings.

The session was meant to be conducted last March but was postponed due to the spread of COVID-19. While online sessions had been envisaged, it was ultimately decided that in-person sessions would yield better results.

“Physical presence not only helped in creating a bond between the participants, but also made it easier for the trainer to pass on the knowledge” explained Salina Kafle, who organized the training for the HRJC. “Given the Internet network problems in Nepal, only physical presence allows participants to participate so actively and freely.”

A choice that paid off: participants expressed 83% satisfaction and relevance of the session in their future work. All sanitary measures were applied to guarantee the protection of the organizers and the participants.

 

Personalized, long-term coaching

The session was designed to strengthen participants’ knowledge of all the steps and strategies involved in documenting cases of enforced disappearance and extrajudicial killings committed in Nepal, in line with international standards, and support them in the development of effective skills to carry out such a documentation.

This first group session is the beginning of a six-month coaching program whereby each participant will document a real case of enforced disappearance or extrajudicial killings. “I have often conducted documentation in my career, but after this session I see that I have been discarding many important aspects” analyzed participant Sanjeev Shah.

For maximum inclusiveness, the trainees came from various districts of Nepal and three of them belonged to traditionally underrepresented indigenous or minority groups.

 

Practical tool and hands-on missions

On the first day, trainees learnt to plan their documenting missions, filling in templates of case information collection, mission plans and mission reports. The second day focused on the risk-assessment and management. As a practical exercise, each participant developed a security protocol for their upcoming documentation mission. “Unlike other short-term trainings, in this one we ‘work and learn’ and ‘learn and work’- an excellent way of improving” said Matrika Prasad Khanal, a participant.

After the complete documentation of the cases, the HRJC and TRIAL International will analyse them and seek their possible litigation in the future.

“We are hopeful that the situation will normalize gradually, and that we can resume our fact-finding work. For many victims, the last months have further delayed their quest for justice: their yearning is all the stronger for it” concludes Salina Kafle.

 

This training was funded by the European Union under the coordination of TRIAL International, and conducted in close partnership with its local partner, the Human Rights and Justice Centre.

A message from Elisa Quiroz, Legal Advisor, International Litigation and Investigation

 

Dear friends,

When an armed group illegally appropriates resources in order to finance a conflict, it may be committing pillage – a war crime, that destroys thousands of civilians’ lives. Pillage is both a cause and consequence of conflict: it fuels war and perpetuates violence. Its first victims are local populations who endure the atrocities of war for years on end.

The Libyan example

Since the fall of Kadhafi’s regime, Libya has been importing a large portion of the fuel intended for its domestic consumption. Massive subsidies have made fuel widely available to its population, but it has also benefitted smugglers and armed groups who divert it for resale in international markets. The pillage of Libyan fuel has been identified as the most important source of funding for armed groups. It feeds the civil war that is ravaging the country, and results in fuel shortages that have a profound impact on daily life in Libya. This further victimizes the population, which is already suffering from the violence and political instability.

TRIAL International works to ensure that perpetrators of international crimes are brought to justice. In that Libyan case, a Swiss company has been implicated. After more than a year of investigation and many more months of legal research, we filed a criminal denunciation for complicity in pillaging. The ball is now in the prosecutor’s court to determine whether to proceed. Because the investigative work that goes into preparing for this type of proceedings takes time and hard work, we need you to be in this fight for the long haul. Your support is crucial.

 

What relationship between pillage and international companies based thousands of kilometers away?

Although it may be at the end of the chain, if a company knowingly purchases raw materials that were stolen from a country at war, it can be found guilty of complicity in pillaging. After all, without a buyer, pillaging would not be profitable and would have no reason to exist!

As a Legal Advisor for TRIAL International, I had the opportunity to work on several cases. Holding companies responsible for international crimes is not easy. The investigations are extremely long and in-depth, and the results often frustrating. The absence of witnesses or the impossibility of accessing the company’s data can be difficult challenges to overcome, but these are precisely the difficulties that motivate us. They require us to think outside the box and to explore innovative solutions. In order to keep moving forward and to open new paths to justice, we need your support.

On behalf of the entire team at TRIAL International, I thank you for standing with us all this time. It is thanks to you that we are where we are today. A very big thank you.

 

Elisa Quiroz
Legal Advisor, International Litigation and Investigation

Late July 2020, the United Nations Human Rights Committee pronounced on a series of remarks made by TRIAL International with regards to the Concluding Observation on the third Universal Periodic Report on Bosnia and Herzegovina (BiH). The UN body’s report agrees with the organization and urges BiH to report back.

In April of this year, TRIAL International noted the shortcomings of the Bosnian authorities in the area of the prosecution of war crimes. The adoption of the Revised National War Crimes Prosecution Strategy, which calls for all cases to be solved by 2023 has been postponed many times. It has been adopted by the Council of Ministers on 24 September 2020, more than two years after it was submitted in May 2018. There is also a clear lack of committed resources, and delays in the effective implementation of free legal aid, even though it was adopted by Parliament in 2016.

“The authorities must get a grip on these cases, which are now 25 years old”, said Selma Korjenić, head of BiH program at TRIAL International. “It is all the more urgent since many witnesses and perpetrators of these crimes are dying, making prosecution impossible.”

The Committee examined two paragraphs of the Concluding Observations in depth after TRIAL International’s follow-up report: one devoted to enforced disappearances, and another to the prosecution of international crimes. In the latter, the Committee requests that BiH provide information on the adoption of the Revised National War Crimes Prosecution Strategy, and on the measures that the State has taken to support victims of war crimes, including survivors of sexual violence. It also requests that light be shed on the use of the statute of limitations (zastara) by some Courts, as well as on deterrent fees, and how these impact on victims.

With regard to investigations into unresolved cases of missing persons, the Committee agrees with the observations made by TRIAL International. Despite previous UN recommendations, the body in charge of the investigations lacks the necessary funds to implement its mandate, as foreseen in the Law on Missing Persons.

Three years of crimes, over 40 victims, two defendants: the trial of two members of the Raya Mutomboki Hamakombo militia in South Kivu (DRC) ended with a guilty verdict.

Facts

Between 2016 and 2019, the Raya Mutomboki Hamakombo group – a faction of the Raya Mutomboki militia led by Bwaale Hamakombo – committed a series of attacks in and around the village of Kambale (South Kivu). The attacks were sometimes targeted, sometimes against entire villages. Some villages were even attacked several times. The aim was to loot from local civilians, but crimes of murder, torture, destruction of property, deprivation of liberty and sexual slavery were also reported. The total count of victims was 42.

During these three years of terror, the Hamakombo group sometimes operated alone, sometimes in coalition with other factions of Raya Mutomboki, notably the Raya Mutomboki Shukuru.

 

Proceedings 

The trial for Raya Mutomboki Hamakombo’s crimes started on 28 September 2020 in mobile court hearings. Two defendants were be in the dock: the deputy leader, Isaac Chabwira Cirabisa, and another militiaman who had been identified by several victims. The commandant himself, Bwaale Hamakombo, had not been apprehended.

On 6 October 2020, the judges found the defendants guilty of all the crimes attested by the victims’ lawyers, including crimes against humanity by murder, sexual slavery, torture, deprivaton of liberty and other inhumane acts. In addition to the 20 years sentence for both militiamen, all 42 victims received a total of 180’000 USD worth of reparations.

Notably, the Congolese State was also found responsible for the crimes, because it had fallen short of its obligation to protect its population. This crucial element could enable victims to access the ordered reparations even if the accused are unable to pay them.

TRIAL International has worked on this case within the Task Force in South Kivu* since 2019. In collaboration with a local NGO, it notably organized a documentation mission in June 2019 and for certain victims to be heard in November 2019. For the trial itself, TRIAL International supported two Congolese lawyers representing the victims, both of whom had received specific training in the prosecution of mass crimes.

 

* The Task Force for criminal justice in South Kivu is an informal network of international actors who collaborate to support the Congolese judiciary in the investigation and prosecution of mass crimes in DRC.

On 22 August 2020 three members of a militia in South Kivu were convicted by the Bukavu military tribunal. Bitale Leonard Kabamba, Jean De Dieu Asifiwe Muzaliwa and Doudou Philippe were all found guilty of murder and crimes against humanity on counts of torture, imprisonment and pillaging.

The militiamen committed these crimes in several villages in the Kalehe territory (South Kivu) between 2016 and 2017, claiming at least 61 victims. The charges of rape were not retained by the judges.

 

Partial satisfaction for the victims

Some twenty victims took part in the hearings, which took place in the very area affected by the crimes. This practice, called ‘mobile hearings’, encourages victims and witnesses to take an active part in the proceedings.

Learn more about mobile hearings

Besides sentencing the culprits to 10 to 20 years in prison, the judges ordered that the victims be given from 5,000 USD up to 30,000 USD as compensation. But as the Congolese State was not found civilly liable, these reparations may in fact never be paid, should the convicts fail to do it themselves.

Learn more about reparations for the victims

Holding the Congolese State responsible for the deeds of non-state actors (in this case, militiamen) goes beyond the question of reparations. It is a reassertion of the authorities’ duty to protect their population. This reminder is particularly potent in the province of South Kivu, where militias strike on a regular basis.

 

What was TRIAL International’s role in this case?

The case was worked conjointly with the Task Force for International Criminal Justice, an informal network of international actors collaborating to support the work of Congolese military jurisdictions in and help them investigate and prosecute mass crimes in DRC.

TRIAL International launched into this case as soon as it was reported by a South Kivu NGO in 2018. The organization assisted two fact-finding missions on the crime scenes and submitted the complaint to the military tribunal. At this point, the case was prioritized by the tribunal, thanks – among other things – to the lobbying effort of the entire Task Force. 

Since the beginning of 2020, the Task Force has worked jointly with the authorities to hold mobile hearings. This collaboration also led to the arrest of the third defendant, Bitale Leonard Kabamba. Before and throughout the trial, TRIAL International worked with the victims’ lawyers to devise a judicial strategy, and, with the help of a local partner, made sure that the victims took part in the hearings.

On 19 July 2020, the UN Committee on the Elimination of Discrimination against Women (CEDAW) rendered its’ first decision against Bosnia and Herzegovina (BiH), concluding that “gender-based violence against women is a form of discrimination and torture”. The Committee called on the state to provide immediate support to survivors of wartime sexual violence. This is a historic first, both in terms of designating BiH as responsible, and in recognizing the suffering of sexual violence survivors.

The CEDAW decision was prompted by a case brought by TRIAL International, in which the Bosnian state had failed to ensure an impartial and effective investigation, and to guarantee fair and adequate compensation to the victim. Nearly a year ago, a similar case led to another decision against BiH by a UN body, the Committee against Torture.

“In yet another decision by an important international human rights body, it is confirmed that BiH remains ineffective in protecting the rights of wartime sexual violence survivors”, said Lamija Tiro, legal advisor at TRIAL International. “More and more survivors are empowered and willing to seek justice at the international level, after exhausting all domestic legal remedies.”

The CEDAW decision is not limited to this one case, brought by TRIAL International. The committee also calls on Bosnia to ensure prompt, impartial and effective investigations in all cases of gender-based violence, especially in cases of conflict-related sexual violence. It also emphasizes the utmost importance of ensuring that victims obtain compensation and other forms of reparation. Furthermore, CEDAW emphasized in particular in its decision that survivors’ claims for compensation for sexual violence cannot be subjected to statute of limitations.

 “This decision is a strong message from the United Nations to Bosnian authorities to respect their international obligations, and to respond in a prompt and adequate manner to the demands of survivors of wartime sexual violence, as one of the most vulnerable groups in Bosnia and Herzegovina”, said Philip Grant, executive director of TRIAL International.

Read the full decision here 

Each 30 August, the world remembers that enforced disappearances is a widespread crime in many countries. Often used to intimidate or to stifle opposition, it is not only violent for those who have been forcibly taken away, but also for the ones left behind.

“Victims” is a broad term when it comes to enforced disappearances. On the one hand, it designates the individuals who are taken away against their will. The person is simply whisked away – sometimes right in the street, in broad daylight – and never seen again. Outside the protection of the law, the victims find themselves in a situation of utter vulnerability and are especially at risk of being tortured or executed with complete impunity.

Read more about enforced disappearances

On the other hand, the relatives of the disappeared are also considered victims under international law. The particular anguish of not knowing where their close one is, or even if they are still alive, has been associated to psychological torture, as well as the authorities’ official indifference in the face of such suffering. Financial hardship, fear for one’s safety and social stigma are also common among the families of the disappeared.

 

In Nepal, authorities turn a deaf ear

TRIAL International battles enforced disappearances in Burundi, in Mexico and in Bosnia and Herzegovina. But perhaps authorities’ inaction is nowhere more visible than in Nepal. Over a decade after the civil war, authorities remain utterly passive. Despite UN decisions and local activism, the relatives of the disappeared are still in the dark.

With the generous support of the European Union and in collaboration with the Katmandu Human Rights and Justice Centre, TRIAL International has collected the testimony of three courageous women whose husbands were forcibly disappeared.

In an exclusive photographic essay, Sabita, Ram Maya and Bimala recount their past and present ordeals. Although it has been years since the disappearance, their wounds remain open. “We somehow survived amidst all the chaos but it feels like a part of (…) our lives is lost“, says Ram Maya.

Read their story here

Solitude and the lack of support are recurring themes in the three women’s narration. “We hope that by sharing individual stories, we can bring the crime of enforced disappearances back into the limelight” says Audrey Oettli, Program Manager at TRIAL International. “Raising awareness and understanding is not only crucial for the victims and their relatives: it is also a reminder of the States’ obligations to fight enforced disappearances and stamp it out for good.”  

In addition to the photographic essay, and thanks to funds from the European Union, TRIAL International has translated United Nations information material into Nepali, for the benefit of victims and local activists. “Knowledge is the first step towards accessing justice”, concludes Audrey Oettli. “We must make sure as much information is as easily available as possible to all the victims of enforced disappearance.”

In partnership with over 40 Burundian and international NGOs, TRIAL International co-signed a letter to the Permanent Representatives of Member and Observer States of the United Nations Human Rights Council, asking for a renewal of the Commission of Inquiry on Burundi.

Excellencies,

Ahead of the 45^th session of the UN Human Rights Council (hereafter “HRC” or “the Coun­cil”), we, the undersigned civil society organisations, write to ur­ge your delegation to support the renewal of the mandate of the Commission of Inquiry (CoI) on Burundi. In the con­text of recent political developments, such a renewal, building off the invest­ments to date in and from the CoI, would pro­­vide the best opportunity to prompt meaningful human rights progress in Burundi.

As of today, the CoI remains the only independent mechanism mandated to document human rights vio­la­tions and abuses (including on their extent and whether they may constitute crimes under international law), monitor, and publicly report on the situation in Burundi, with suffi­cient resources and ex­perience to do so. Chan­ging political realities do not amount to systemic human rights change, and the Council has a responsibility to continue supporting victims and sur­­vivors of violations and working to improve the situation in Burundi. (…)

The work conducted by the CoI, which is due to present its written report to the Council at its up­coming 45^th session (14 September-6 October 2020), continues to provide critical oversight of the hu­man rights situation in Bu­run­di. The country’s crisis was trig­gered by for­mer President Pierre Nku­run­ziza’s announ­ce­ment, in April 2015, that he would run for a third term in office. (…)

To date, no high-level officials have been held acc­ountable. Several hundred prisoners who have served their term or whose release has been ordered continue to be arbitrarily detained. This situation is on­going despite opinions rendered by the UN Working Group on arbitrary detention (WGAD), which exa­mined some of these prisoners’ cases. Victims and survivors of sexual violence have been denied access to a specialised framework for medical and psy­chological treatment and full rehabi­li­tation. (…)

Burundi is in a period of potential transition, following the 20 May 2020 presidential, legislative and local elections resulting in the election of a new President, Évariste Nda­yishimiye and after the pass­ing of former President Nkurunziza. At this moment and in this context, there are signs of promise as well as of significant concern.

Despite promising remarks by President Nda­yi­shi­miye during his inau­guration, as well as the autho­ri­ties’ new, more transparent approach to tackling the COVID-19 pandemic, observers­ also raised con­cerns, notably over the fact that several newly ap­pointed members of the Nda­yishimiye administration are subject to international individual sanctions for their alleged res­pon­sibility in human rights vio­la­tions. Nonetheless, the political tran­si­tion represents an oppor­tu­nity to open a new chapter for the Bu­run­dian people and for Burundi’s rela­tionship with the UN hu­man rights system.

We would welcome meaningful and concrete improvements in the human rights situation in Burundi, and we believe that the best chance to achieve such meaningful change is through the renewal of the mandate of the Commission of Inquiry, as well as the Burundian authorities re­initiating dialogue with the CoI, OHCHR, and other UN and AU human rights bodies and me­cha­nisms. (…)

At its 45^th session, the Council should avoid sending the Government of Burundi signals that would disincentivise domestic human rights re­forms, such as terminating the CoI’s mandate in the absence of measurable progress. (…) The Council should rather ensure conti­nued in­ves­ti­ga­tions, monitoring, public reporting, and public debates on Burundi’s human rights si­tuation.

 

We thank you for your attention to these pressing issues and stand ready to provide your delegation with further information as required.

(The 43 signatory NGOs are listed in the full letter attached herewith)

In order to reach out to the most isolated populations, many Congolese organizations do not hesitate to enter the heart of conflict zones. Demonstrating courage and unwavering determination, they are the crucial link between victims and the judiciary system. Three organizations which work closely with TRIAL International in DRC explain their daily work.

The League of Human Rights Activists (LADHO), the Centre for Hope and Human Rights (CEDH) and the African Center for Peace, Democracy and Human Rights (ACPD) are three “relay” organizations of TRIAL International in South Kivu. Their integration in local civil society means they are best placed to establish contact with the population and identify the needs of justice – thereby complementing the legal expertise of TRIAL to offer them the best chance of justice.

The mandate of these organizations runs from the reporting of abuses to the end of legal proceedings – and often even beyond. Identifying victims and witnesses, informing them of their rights, encouraging their participation in trials, keeping them informed throughout the process… the task is enormous, especially considering the insecurity and isolation of some villages. This is why all the organizations work in synergy. “There are many organizations defending human rights in DRC” says Léonard Mutumoyi, a coordinator at ACPD. “Mutual trust is a major asset of our work.”

 

Providing information within communities

The three organizations physically go to villages where atrocities have been committed to meet the victims. LADHO’s mobile legal clinic, for example, holds meetings to raise awareness in the huts of the customary chiefs. CEDH also provides information in a collective manner, often in churches or schools to reach the greatest number.

In contrast, the ACPD favors individual information “to allow each victim to ask questions freely and ensure confidentiality.” This is a delicate balance to strike given the scale of the crimes and the limited means.

 

Free support, necessary but problematic

Offering this support free of charge is essential. CEDH, LADHO and ACPD agree on this point: justice must be accessible to all and should not depend on the resources of victims.

This is why the members of the three organizations are almost all volunteers. The care of the victims, and their representation by lawyers, is funded by organizations such as TRIAL International or by private donations.

Despite this, the organizations unanimously denounce the lack of financial resources to meet demand. “Sometimes the activity plans established with victims are not implemented due to a lack of resources” regrets Gentil Akilimali, representative of CEDH. Likewise, Akilimali Kubali, Director of LADHO explains that their mobile legal clinic does not own a vehicle. Each journey to the villages is an ordeal.

 

Taking human support into account

Although their mandate is legal information, all the organizations insist on the holistic support of victims, which can include very practical aspects. “We organize and finance all the beneficiaries’ journeys to information sessions or hearings, as well as their accommodation and food” explains Akilimali Kubali. “For many of them, a long trip or a night outside the village is simply too expensive. If we were not to cover these expenses, justice would certainly remain out of their reach.”

Finally, the local organizations maintain links long after the trials have ended. CEDH helps female victims of sexual violence to reintegrate themselves in its “peace huts”. Similarly, ACPD continues its follow-up until reparations are obtained.

Gentil Akilimali concludes: “As soon as we get in contact with them, the victims want to be assured of our continued help, in other words how long we will stay with them. Long-term support is crucial to restore trust and dignity in our beneficiaries.”

Since 2015, several political opponents and activists have disappeared without a trace. Burundian authorities, which have been in the midst of a human rights crisis for several years, have so far failed to investigate these violations. TRIAL International stands with the families of the victims and urges the new president, Evariste Ndayishimiye, to break away from the practices of the Nkurunziza era. It is high time to shed full light on the crimes of the past.

Being a member of an opposition party isn’t without danger in Burundi. The cases of Aurélien and Nathan (real names withheld) provide a dramatic illustration in this regard.

In 2015, while Aurélien was commuting to work by bus, the vehicle was stopped by state agents who removed him from it. Without producing an arrest warrant, the agents took him to an unknown destination. He has not been seen since. Victim of enforced disappearance, Aurélien left behind him a child aged four at the time of his disappearance, as well as his wife who was several months pregnant.

History repeated itself for Nathan, abducted in 2016 by heavily armed individuals wearing police uniforms. Yet again, no arrest warrant was presented and Nathan was never to be seen by his family thereafter. His relatives searched for him in all known places of detention, to no avail.

 

Proceedings

Victims’ families are often threatened and harassed when they ask too many questions or initiate proceedings. In view of the judicial deadlock prevailing in Burundi, TRIAL International has referred the case of Aurélien and Nathan to an international body. Both cases are ongoing.

The election of a new government in Burundi in the summer of 2020 embodies a very thin glimmer of hope that the country will re-engage with the international community.

The families of more than 50 Ghanaian and other West African migrants killed in The Gambia and Senegal 15 years ago have yet to learn the full truth and obtain justice concerning the massacre, 11 human rights organizations said today. Amid growing evidence that the murders were carried out by Gambian security force members acting on the orders of then-president Yahya Jammeh, the groups called for an international investigation of the massacre.

“A credible  international investigation is needed if we’re ever going to get to the bottom of the 2005 massacre of West African migrants and create the conditions to bring those responsible  to justice,” said Emeline Escafit, Legal Adviser at TRIAL International. “Until now, information has come out in dribs and drabs, year after year, from different sources.”

On 22 July 2005, Gambian security forces arrested the migrants, who were bound for Europe, after their boat landed in Gambia, on suspicion of involvement in a coup attempt. Over the next 10 days, almost all the migrants, including about 44 Ghanaians, 9 Nigerians,  2 Togolese, and nationals of Cote d’Ivoire and Senegal, were killed in Gambia or taken across the border into Senegal and shot and their bodies dumped in wells.

While several Gambian soldiers have confessed to the murders and said they acted on Jammeh’s orders, the chain of events leading to the killings is unclear. There is still no information on exactly where migrants were buried in Senegal nor are all the victims’ identities known, including eight of the nine Nigerians. Gambia returned six bodies to Ghana in 2009, but the families question whether the bodies were those of the murdered migrants.

---

---

Unsuccessful investigations

Previous efforts to investigate the massacre have repeatedly been stymied or flawed. Following initial campaigning by Martin Kyere, Ghanaian families and rights groups, Ghana attempted to investigate the killings in 2005 and 2006, but was blocked by the then-Jammeh government. In 2009, a report by the UN and ECOWAS concluded that the Gambian government was not “directly or indirectly complicit” in the deaths and disappearances, blaming it on “rogue” elements in Gambia’s security services “acting on their own.” Then, in 2018, Human Rights Watch and TRIAL International found that the migrants were detained by Jammeh’s closest associates in the army, the navy, and the police, and then summarily executed by the so-called “Junglers,” a unit of Gambian soldiers operating under Jammeh’s orders. Finally in July 2019, three former “Junglers” testified publicly before the Gambia Truth, Reconciliation, and Reparations Commission that they and 12 other “Junglers” had carried out the killings on Jammeh’s orders.

Because the crimes took place across two countries – Gambia and Senegal –, involve victims from six countries and a primary suspect – Jammeh – now residing in Equatorial Guinea, an international investigation would be best placed to uncover all the facts. If neither Gambia nor another country like Ghana would conduct a transnational investigation, the groups should support an independent inquiry that could investigate in all the countries concerned.

The groups making the call were the Africa Center for International Law and Accountability (ACILA) , African Network against Extrajudicial Killings and Enforced Disappearances (ANEKED), Amnesty International Ghana,  Commonwealth Human Rights Initiative, Gambia Center for Victims of Human Rights Violations, Ghana Centre for Democratic Development, Human Rights Advocacy Centre, Human Rights Watch, Media Foundation for West Africa, POS Foundation, and TRIAL International.

Read the full press release

 

This article was produced with the financial support of the European Union. Its contents are the sole responsibility of the authors and do not necessarily reflect the views of the European Union.

A message from Daniel Bolomey, President of TRIAL International

 

On 17 July 1998, the Rome Statute, the founding treaty of the International Criminal Court (ICC), was adopted. Since then, 17 July has become International Justice Day. Although the date is linked to the history of the ICC, the fight against impunity goes well beyond this institution.

Since 1998, many new ways to justice have opened up, and the ICC is only one path — albeit a very important one — of many.

The ICC is based on the principle of subsidiarity, meaning that it can only intervene when States themselves are unable or unwilling to do so. The Court was never designed to answer all the demands for justice: domestic jurisdictions, regional organizations and UN mechanisms also play a key role. Beyond institutions, many legal practitioners, non-governmental NGOs and activists work tirelessly to make justice a reality. To reduce International Justice Day to the foundation of the ICC would hide the progress achieved elsewhere, sometimes at the term of fierce battles.

Today, I wish to highlight other aspects of international justice: universal jurisdiction, and the trend to prosecute international crimes under charges of terrorism; the duty of remembrance, as Bosnia and Herzegovina just commemorated the 25^th anniversary of the Srebrenica massacre; or the exploration of new legal strategies to investigate past crimes committed in The Gambia. I also invite you to read our Activity Report 2019, which gives an overview of last year’s successes. They have only been made possible by the generosity of our donors, which I warmly thank you!

 

Daniel Bolomey,

President of TRIAL International