Author: Communication Department

Former Gambian President Yahya Jammeh seems to be preparing the ground for a return to The Gambia. TRIAL International reiterates that the former president should not enjoy immunity from international law. Along with 19 NGOs and associations from the Jammeh2justice campaign, TRIAL International affirms that the accusations against the former head of state are too serious to envisage such a scenario.

In 2017, Yahya Jammeh ceded power after 22 years of authoritarian rule and went into exile in Equatorial Guinea. Lately, the ex-president has been preparing the ground for his possible return to The Gambia, while reneging on a declaration negotiated back in 2017. However, the document in question – which has not been ratified by the Gambian authorities – does not provide any kind of immunity for the former head of state, suspected among other things of torture, sexual violence, extrajudicial executions and crimes against humanity. The declaration only stresses that the fundamental rights of the ex-president must be respected – like those of any Gambian citizen – including access to a fair trial. But in no way is it an exemption from legal proceedings.

Furthermore, Gambian transitional justice, notably through the Truth, Reconciliation and Reparation Commission (TRRC), has already shed light on the multiple human rights violations committed by the regime of Yahya Jammeh. Any amnesty for serious crimes would indeed violate international law. Such a scenario is therefore out of the question.

The international bodies on whose initiative the declaration was prepared – the United Nations Office for West Africa, the African Union Commission and the Economic Community of West African States – must urgently clarify the situation and support The Gambia in its transitional justice process.

 

Gambian Minister of Justice’s comments welcomed

“If former President Yahya Jammeh ever comes back to this country, he will face immediate arrest and charges of the most serious kind” Gambian Minister of Justice, Abubacarr Tambadou, reaffirmed on 19 January 2020.

While the efforts of Yahya Jammeh are worrying for the continuation of the transitional justice process in The Gambia, the words of the Minister of Justice offer reassurance. The Minister has also effectively recognized that crimes against humanity were committed in The Gambia between 1994 and 2017 during the Jammeh regime. He has also confirmed that the culprits identified by the TRRC will be prosecuted.

By making it clear that the former president will have no special treatment, Minister Abubacarr Tambadou has sent a strong message to The Gambia, making hopes that it will consolidate its justice process.

The Burundi Human Rights Initiative (BHRI) published a report exposing the drivers of human rights violations in the country, entitled “a Facade of Peace in a Land of Fear”.

The independent human rights project, coordinated by two expert researchers on the Great Lakes region, aims to document the evolving human rights situation in Burundi, with a particular focus on events linked to the 2020 elections.

The BHRI looks at the causes of the human rights violations, establishing an accurate record that will help bring justice to Burundians and find a solution to the ongoing human rights crisis. The co-author of the report, Carina Tertsakian, explains this mission: “The documentation of crimes is the necessary first step towards justice. It also maintains the focus of international actors on Burundi, and fights the conspiracy of silence imposed by the government.” The BHRI’s reports are the products of their collaboration with a wide range of people inside and outside Burundi.

Read the full BHRI report

Since early January 2020, the Nepali political scene has been more paralyzed than ever on the subject of transitional justice (TJ). To understand this situation, one needs to go back to the foundation of the TJ mechanisms and the growing discontent of conflict victims.

Act 1: 2015, TJ mechanisms are founded against Supreme Court decision

Nine years after the end of Nepal’s civil war, two TJ mechanisms were founded to investigate on the abuses perpetrated by both the army and the Maoist insurgency, establish the truth and hold those responsible accountable. The Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) rapidly proved a disappointment to civil society in Nepal and abroad – including TRIAL International.

The functioning of the two TJ mechanisms was far from clear, and they lacked financial stability and independence. Other pitfalls included the permanent failure to consult and involve in their work the victims themselves, no provision for reparations and insufficient protection measures. Even more troublesome is the fact that, while the two TJ mechanisms were originally conceived to promote accountability, they repeatedly attempted to grant amnesties to perpetrators of gross human rights violations and the worst atrocities.

The extent of the loopholes was such that Nepal’s own Supreme Court declared several provisions of the Act on the establishment of the TJ mechanisms unconstitutional and requested their amendment. As of today, the Supreme Court’s decision remains unimplemented.

 

Act 2: February 2019, failed renewal of mandate and long-term vacancies 

Fast-forward four years and the TRC and CIEDP have not initiated a single investigation. The collection of cases only started after their mandate was extended for the first time in 2017. Over 60’000 victims gave their testimony, but there has not been any meaningful follow-up on them. In parallel, the growing number of decisions issued by the UN Human Rights Committee urging Nepal to act without further delay and deliver justice and redress to conflict victims.

In February 2019, on the occasion of the third renewal of the mandate of the TJ mechanisms, civil society organizations joined forces to demand deep changes. This was the momentum to build on sounder foundations, reinventing flawed mechanisms and finally taking into account the inputs of the victims and the repeated calls from international human rights bodies. The cry was once again ignored. A token of the TJ mechanisms’ state of abandon is the fact that, since April 2019, the Commissioners’ positions have remained vacant. Justice is very much at a standstill and redress nowhere in sight.

Act 3: January 2020, empty “consultations”, real political interference

All this brings us to the present situation. In late 2019, a Committee was meant to recommend for appointment new Commissioners, offering a glimmer of hope in the grim picture.

The long-promised and due consultation with victims’ groups took place only on 13 January 2020. Announced late and without a clear agenda, it lasted 24h exactly. Unsurprisingly, it failed to make the victims feel heard and empowered.

On 17 January 2020, the recommendations eventually issued by the Committee were manifestly the result of political bargaining between the two largest political parties and disregard completely victims’ and civil society’s demands. The lack of transparency and the overall flawed process, led victims’ groups to reject altogether the two TJ mechanisms, perhaps this time beyond the point of no-return.

 

And to top it all off…

When Agni Sapkota was appointed Minister of Information and Communication in 2011, the UN Office of the High Commissioner for Human Rights expressed concern. It recalled the States’ responsibility to ensure that the name of a person is fully cleared following a thorough investigation before any appointment to a high public office is announced.

In this deadlock, it is unclear what the next weeks or months will bring for Nepal. In the past, the authorities seemed unfazed by international and domestic opprobrium. Will Nepal’s upcoming Universal Periodic Review at the UN, scheduled for November 2020, change the course of things? Nothing is less certain.

 

Read the joint press statement from the International Commission of Jurists (ICJ), Amnesty International, Human Rights Watch and TRIAL International. 

Since April 2015, Burundi is the scene of a massive increase in violence. Severe violations of human rights are regularly committed against perceived opponents to the government. Repression is even tougher towards opposition parties’ members and their relatives.

Olivier (real name withheld), who had been an active political opponent, managed to alert his relatives when he was arrested by the National Intelligence Service (Service national de renseignement, or SNR) in 2015. His family immediately started looking for him but his location or place of detention remained unknown. Olivier has not been found yet.

No national investigation was launched to establish what really happened after he got arrested and none of the multiple denunciations filed by Olivier’s family were heeded. This new case is another proof of the widespread climate of impunity prevailing in Burundi.

 

Families of the disappeared also targeted

Olivier’s fate still remains unknown. It is probable he endured torture during his detention, and nothing indicates he is may be still alive. The uncertainty resulting of enforced disappearances is particularly painful for every family affected by this crime. Unable to mourn for their relative, they navigate between hope and disillusionment.

Besides going through this psychological trauma, Olivier’s family was also bullied, not only as punishment for Olivier’s political opposition but also to discourage any opposition on their own behalf. This tragic situation forced some of the victim’s relatives into exile. From the relative safety of a neighboring country, they filed a criminal complaint and several denunciations in Burundi.

The accute pain caused by Olivier’s enforced disappearance, as well as the intimidations endured by Olivier’s family and Burundi’s reluctance to shed a light on the case, constitute an act of torture.

 

Burundi’s responsibility

As they were rapidly informed of Olivier’s arrest, his relatives think they know who is responsible for it: an SNR officer known for his brutal manners. However, and despite considerable evidence against them, most officers still enjoy total impunity in Burundi.

Burundi does not comply with human rights international standards, especially regarding torture, enforced disappearances, arbitrary detentions and extrajudicial execution. Widespread and systematic abuse were reported, among others, in the United Nations Commission of Inquiry’s latest conclusions.

In the present case, Burundi could be held responsible for several reasons. It did not launch an impartial investigation on Olivier’s arrest conditions after the crimes were reported. It never took action to provide answers to the family of the disappeared and put an end to their suffering. By simply not acknowledging that Olivier and his relatives were victims of torture and failing to punish the alleged perpetrators, Burundi violated, and keeps violating, human rights international standards.

In response to Burundi’s state failure to act, TRIAL International took Olivier’s case to an international authority. A procedure is ongoing.

 

Unfortunately torture cases in Burundi are numerous. Read the stories of Miriam, Leo, Sara, Benjamin or David.

 

Portraits of volunteers #6

Since 2018, twelve volunteers have taken on the specific mission of translating TRIAL International’s website news. To thank them for their invaluable commitment, the “Portraits of volunteers” series gives them the floor. This time, Apolline Bonfils explains why TRIAL stood out above other volunteering opportunities.

“I have been volunteering at TRIAL since 2016. Back then, I was coming back from a one-year university exchange in Ireland and was looking for opportunities to get involved, preferably while practicing my English. But the organizations I came across did not suit me, nor the mission they offered. Volunteering abroad was not an option because I was still studying.

At this time, I regularly consulted TRIAL International’s documentation for my course in international criminal law and international humanitarian law. One day, as I was going through its website, I saw an ad to recruit volunteers. I applied immediately, because I really admired TRIAL’s work, and was starting to know the organization quite well.

Translation was the ideal form of volunteering because I had a good command of legal terminology and it allowed me to practice my English. Additionally, thanks to the assigned translations I stayed informed on issues of which I sometimes wasn’t even aware.”

 

A passion for human rights

“Although I enjoyed my course in law, I hadn’t quite found my path … until I went on a university exchange at Trinity College, in Ireland. There, I studied human rights law under different angles. That year was a turning point for me: I had found my passion!

When I came back, I started a course in international law, with a specialization in the law of post-conflict State rebuilding. That is when I joined TRIAL.

Since then, I have developed an expertise on the Middle East and North Africa, and have lived in Tunisia, Lebanon and Germany. Now I work for an NGO based in Strasbourg (France) working with the Council of Europe on cooperation projects in Mediterranean countries.

 

Reaching out to a wider audience

“The aspect of TRIAL I enjoy the most is the “legal vulgarization” it undertakes. By summarizing cases, it makes them accessible to a wider audience and gives them greater resonance. If I share a legal decision on social media, very few people will take an interest because it will be long and complex. If I publish an article written by TRIAL, on the other hand, it will be accessible, well-explained and to-the-point. People with no legal knowledge often share these articles or ask me about it. In my opinion, it is a way of giving greater visibility to human rights violations.

Translating such content is also a challenge: in the balancing act between maintaining accuracy and readability, word-by-word translation is out of question. Thanks to this exercise, my writing style and vocabulary have improved.”

 

A mutual benefit

“TRIAL’s staff members who assign us translations are very attentive to both the organization’s interests and ours as volunteers. For instance, I was able to indicate my preferred topics so translations relating to them could be assigned to me in priority. Likewise, when I am going through a busy period I can let the staff know so they will approach other translators.

Finally, I think this volunteering experience is a professional asset. From the outside, long-term engagement is a sign of trustworthiness. And when I mention TRIAL, many people around me know the organization and the extent of its commitment!”

 

A message from Philip Grant, Executive Director

Dear friends,

We are looking back on one more productive year marked by victories in the fight against impunity. In the final months of 2019, two important verdicts have contributed to building a more just world.

In 2018, an armed group called Raia Mutimboki Kokodikoko pillaged, tortured, raped and murdered hundreds of victims in South Kivu in the Democratic Republic of the Congo. This fall, the group’s leader and two of his accomplices went to trial in a case that involved more than 300 victims, most of them survivors of sexual violence. On 19 November, the three former militiamen were convicted of crimes against humanity. Moreover, the Congolese government was condemned for failing to protect its population from the militia’s attacks. This historic victory is the result of your support and of the closer collaboration of all of our partners on the ground. Together, we are the changemakers!

Closer to home, after seven years of a fierce legal battle, the Swiss Federal Tribunal upheld Erwin Sperisen’s conviction and sentence him to 15 years in prison. As former chief of the Guatemalan police, Sperisen was convicted of complicity in the murders of seven detainees. We welcomed the Federal Tribunal’s decision with enormous relief for the victims’ families, for whom justice has finally been served. This victory is a reminder that the road to accountability for grave crimes is a long one—and one we must walk hand in hand.

For all those who fight against impunity, these victories provide a glimmer of hope. Thanks to your support, we are able to stand with victims and ensure that their rights to access justice are respected.

Please accept my sincere thanks for your solidarity, and my wishes for a joyful holiday season.

Best regards,

Philip Grant, Executive Director

TRIAL International and its partner in Kathmandu, the Human Rights and Justice Centre, have trained 14 human rights defenders on the topics of enforced disappearance and extrajudicial executions. This first session heralds a series of similar trainings across the country throughout 2020.

“Despite my ten years’ experience of working on extra-judicial killings in Nepal, I didn’t know that a large number of violations were never reported to international mechanisms. The training has encouraged me to bring these cases to the international community’s attention” says Ram Bikash Chaudhary, a Nepali activist from the Madhes Human Rights Home. He attended the first of TRIAL’s and HRJC’s training series to combat two widespread crimes: enforced disappearance and extrajudicial executions.

 

Tailored content to address local priorities

The training was designed jointly by TRIAL International and the Human Rights and Justice Centre. A local approach ensured that the three-days session was packed with useful information for Nepali actors and addressed their most pressing concerns.

“The training was designed to accommodate the diverse background of the participants. Each individual participant could take with them learning that would be useful in their daily job of fighting impunity. The diversity was also reflected during the interactive workshops.” explains the HRJC Human Rights Officer, Salina Kafle.

Modules included the analysis of the international legal framework concerning enforced disappearance and extra-judicial killings; a presentation of the UN bodies dealing with these crimes; as well as concrete aspects such as documenting and interviewing techniques.

“In this training, Nepali human rights defenders had an opportunity to compare Nepal’s domestic framework with international standards, and confront the existing gaps” explains Gabriella Citroni, the international expert delivering the training. “Given the culture of impunity in the country, local actors need to be equipped to accurately document cases of gross human rights violations, with a view at reporting and litigating them both at the domestic and international levels.”

 

A participative approach

During the session, participants were encouraged to share their own experiences, helping others to understand the broader context.

“The training was unique in a sense that every lecture was followed by a workshop, where we could engage in discussions” says Sunil, from the THRD Alliance.“This gave us the chance to deepen the lectures’ content.”

 

The first step in a wider capacity-building scheme

Participants to the training will be testing their knowledge on real cases of extra-judicial killings and enforced disappearances, all along benefitting from the support of TRIAL’s experts. The most successful participants will then be selected for an intensive 6-month coaching program on the documentation of gross human rights violations, focusing on enforced disappearance and extra-judicial execution.

“One-to-one coaching allows tailored mentoring” explains the HRJC Coordinator, Ranjeeta Silwal. “Over a long period, we tie solid working relationships with the participants. Past experiences have shown that our collaboration goes on after the program’s end.”

This session was the first of a series of three trainings, each held in a different region of Nepal. The next session will take place in Pokhara in August 2020.

Read more about TRIAL International’s work in Nepal

 

This training was funded by the European Union and conducted in close partnership with  a local partner under the coordination of TRIAL International

 

A message from Benedict de Moerloose, Head of International Investigations and Litigation Program

Switzerland often highlights its human rights record. At TRIAL International, I see a very different reality. Some Swiss companies or individuals are involved in activities that fuel armed conflicts and may constitute international crimes. Civilian populations pay a high price. Pillage of raw materials, exports of chemical components to war zone: these activities cannot remain unpunished.

Up against powerful economic actors, NGOs must be supported so that their cases stand up to the prosecution authorities. That is why having you on our side can make all the difference: we need you in order to ensure that profits do not trump human rights.

Corporate impunity knows no bounds: the Swiss prosecuting authorities have recently opened a formal criminal investigation, after TRIAL International filed a criminal complaint for pillaging. A Swiss national working in the mining industry is suspected of war crimes for illegally exporting natural resources from a conflict zone in the Democratic Republic of the Congo.

Please donate today to help us fight impunity for corporate crimes!

A wholehearted thank you for your engagement,

Benedict de Moerloose
Head of International Investigations and Litigation Program

A message from Selma Korjenic, Head of Bosnia and Herzegovina Program

Dear friends, 

I am writing to you from Bosnia and Herzegovina, where more than 20 years after the end of the war, the aftermath of the violence is still deeply felt. Today, many victims are still suffering from crimes committed in the past: psychological trauma, financial instability and stigmatization are daily realities for many of them.

The legal system should help victims take back their lives: with reparations, they can access care, regain their dignity and finally turn the page. This reparative aspect of the Law is central in my eyes.

That is why I am calling on your generosity today: we need you in order to help victims obtain reparations.

As I recently reminded the United Nations Security Council, the right to reparations remains unevenly enforced in Bosnia and Herzegovina. Numerous obstacles still prevent victims from accessing justice. Violence destroys, but healing is possible.

This year, a group of generous donors will double your gifts up to 30’000CHF by 16 December, every franc is worth two! Take action now and ensure that your contributions go twice as far!

Thank you for your trust.

Selma Korjenic,
Head of Bosnia and Herzegovina Program

It will have taken seven years for this Colonel of the Armed Forces of the DRC (FARDC) to be brought before the judges. Safari Kateatea Amos, who is accused of crimes against humanity on dozens of civilians, finally appeared before the courts in November 2019. The result of a long-standing struggle that illustrates the impunity of FARDC officers.  

For years, the villagers of Karimba and Musinziro (Kabare territory, South Kivu) have been at the mercy of the clashes opposing the regular army and the armed groups FDLR and Raia Mutomboki.

In 2012, growing insecurity forced civilians to take refuge in the village of Lwizi, which was at the time under the control of FARDC Colonel Safari Kateatea Amos. The latter assured them that peace had been restored and that they could return to their villages. Before their departure, Safari Kateatea Amos gave them his word that he would visit them. As a sign of his arrival, he would fire a few bullets into the air.

The FARDC, protectors or executioners?

On 21 July 2012, at around 5 a.m., the villagers of Karimba and Musinziro were surprised by the arrival of FARDC soldiers under Safari Kateatea Amos’ command. Recalling the agreed signal, civilians did not even try to protect themselves.

But this was a lure: Safari Kateatea Amos and his men ferociously attacked the villagers they were supposed to protect. Hundreds of victims were killed, raped, tortured, their homes burned down and their property looted.

A high-ranking army officer, the accused thought himself untouchable

Safari Kateatea Amos’ rank as a colonel shielded him from prosecution for several years. He had even been arrested in 2012, but liberated for reasons as yet unknown.

But in May 2019, the relentless action of the Task Force for International Criminal Justice in South Kivu* finally paid off. The military prosecution authorities in South Kivu arrested Safari Kateatea Amos and handed him over to justice once again. The trial began in November in Bukavu.

As the trial approached, TRIAL International experts helped the victims’ lawyers to document the crimes in a rigorous way, to prove their widespread and systematic nature. More than 40 victims of murder, rape, torture and looting were thus added to the case file. TRIAL International also contributed to the legal strategy of the victims’ lawyers, both prior to and during the trial.

Convicted despite his military rank

On December 19, 2019, Colonel Kateatea was sentenced to 5 years in prison for crimes against humanity. The Court established the murder, rape, torture and other inhumane acts committed by the battalion under his command. Indeed, his responsibility as a superior was recognized, but not his direct involvement in the commission of the crimes. In addition, despite the gravity of the crimes committed, his lack of training was recognized as a mitigating circumstance. Although the sentence handed down is rather lenient, the rights of the victims have not been affected. The DRC and the defendant – who is a State agent – were ordered to pay reparations to all the victims in the proceedings (almost 100 people).

Despite the progress of justice in eastern RDC, few cases are of concern to senior army officers.

The appeal trial was held in Bukavu in September 2022. After mobile court hearings, the High Military Court issued its verdict on 23 September 2022. The court upheld the conviction of Colonel Kateatea for crimes against humanity. On the basis of the gravity of the crimes and the harm suffered by victims, the court extended the sentence to 10 years in prison. The victims had their reparation awards confirmed.

* The Task Force is an informal network of international actors who collaborate to support the work of Congolese military courts in the investigation and prosecution of mass crimes in DRC.

 

A message from Daniele Perissi, Head of Great Lakes Program

 

Dear friends,

In the Democratic Republic of the Congo, we have helped more than 1’400 victims in 21 trials. Unprecedented victories have been won in the fight against impunity!

Fulfilling our mission is possible because of TRIAL International’s many partnerships on the ground: it is only when we join forces, we make progress and help prevent atrocities. But there is still so much to do!

That is why I am calling on your generosity today: we need you in order to support even more victims in their quest for justice.

I am personally moved by the story of each victim we support. Their resilience and courage are the driving forces behind our fight. Every one of our partners on the ground is as committed as we are to giving victims the best chance of obtaining justice.

Following the launch of our end-of-year campaign on Giving Tuesday, we are counting on you to donate today and take action in support of victims. 

Together, let’s make justice a reality for all, today and tomorrow! Thank you for your trust.

Daniele Perissi
Head of Great Lakes Program

TRIAL International publishes a handbook on the use of photo and video evidence in criminal trials. This guide, designed to help legal practitioners, explains how to concretely present this evidence before the main international jurisdictions.

Under what conditions can photos and videos constitute criminal evidence? How to collect, store and analyze audiovisual elements, and how to present them before international bodies? The rise of digital data has made these questions pressing ones for many practitioners.

To meet their needs, TRIAL International has put together a handbook called Audiovisual evidence before international jurisdictions: techniques and admissibility (only available in French). Two barristers from Doughty Street Chambers, Me Jelia Sane and Dr Keina Yoshida, brought their expertise to the publication.

The handbook was presented on 5 December 2019 in The Hague, on the occasion of the 18^th Assembly of the State Parties to the International Criminal Court. A round-table of experts, including Legal Advisor Chiara Gabriele discussed the potential of audiovisual evidence in international and domestic criminal proceedings.

“We have experienced first-handed, in one of our cases, how videos can be a tool against impunity” says Chiara Gabriele, who edited the handbook. “But their admissibility is far from automatic, several elements weigh in the assessment of their relevance, reliability and probative value. This is the reason why we have put together this handbook.”

 

A tool of reference to facilitate the practitioners’ work

The first part of the handbook presents the various approaches of international criminal jurisdictions to admitting audiovisual evidence. It then explains how the use or broadcast of audiovisual material can itself constitute an international crime.

The second part of the handbook develops how audiovisual techniques are used to collect oral testimonies outside of the courtroom, either transmitted live or pre-recorded. The publication closes with techniques relating to the protection of victims and witnesses.

The handbook is designed as a practical and didactic tool. Regular summaries and an index of jurisprudence facilitate its use by practitioners in their everyday work.

Read the full handbook (in French)

A message from Ranjeeta Silwal, Human Rights Coordinator

 

Dear friends,

I am writing to you from Nepal. In my work, I am proud to collaborate with people who are as courageous as they are dignified. Every day, we work hand in hand with many partners: lawyers, journalists, activists… Our goal is the same: to support victims of grave human rights violations in their quest for justice.

Experience has shown me that collaboration is essential in the fight against impunity. Together, we are working to reinforce the culture of human rights in Nepal.

Your support is the key link in this chain: We need you in order to build bridges and heal the wounds of the past.

All too often in Nepal, victims pay the price for the legal system’s dysfunction. Delays, political interference: the road to justice is strewn with pitfalls and it’s our responsibility to help victims on their journey.

Your support is all the more important on this global day of generosity, known as Giving Tuesday. Support us today in the ongoing fight and make a donation!

Together, let’s make justice a reality for all, today and tomorrow! Thank you for your trust.

Ranjeeta Silwal
Human Rights Coordinator at the Human Rights and Justice Centre (Katmandu)

On 28 November 2019, the Swiss Federal Supreme Court (FSC) upheld Erwin Sperisen’s sentence to 15 years in prison. In April 2018, the Geneva Court of Justice had found the former head of the Guatemalan police (PNC) guilty of being an accomplice to the murder of seven detainees of the Pavón prison in 2006. TRIAL International, which initiated the complaint, is pleased that justice has finally been achieved and that the verdict is now enforceable. Erwin Sperisen has already been placed under arrest.

“The victims’ families welcomed the decision with great relief, as it allowed them to finally obtain justice and heal their wounds,” declared Philip Grant, executive director of TRIAL International. “It is also a great day for justice in Guatemala.”

 

A HISTORICAL AND INDISPUTABLE VERDICT…

After his arrest in 2012, Sperisen was twice condemned to lifelong prison sentences in Geneva, in 2014 and 2015, after which the case went up on appeal to the Swiss Federal Supreme Court. On appeal, the federal judges overturned the sentence and remanded the case to the courts of Geneva. In a third trial in 2018, M. Sperisen’s sentence was reduced to 15 years in prison, a verdict which the defendant again appealed to the FSC. In the decision affirming Erwin Sperisen’s verdict yesterday, the FSC rejected the defense’s last attempt at advancing several conspiracy theories.

In a 69-page judgment, the FSC dismissed the defense’s allegations, finding that “The conviction of the person concerned as an accomplice to seven murders, as well as the 15-year prison sentence, do not allow for any criticism.” The Court also ratified the findings of the Geneva Court of Justice that Erwin Sperisen “had agreed to assist an undertaking consisting (…) of eliminating men as if they were harmful animals (…) who had done nothing to him and whom he did not know, but who were placed under the protection of the State, and therefore under his own.”

To Bénédict De Moerloose, Head of the International Investigations and Litigation (IIL) at TRIAL International, the decision makes history. The hours spent by the Swiss lawyer and his team building the case against Spiersen since 2010 are countless. Further, the decision is the result of a long-term effort that the NGO could not have sustained without the help of partner organizations in Guatemala. “This decision affirms the fact that Erwin Sperisen participated in an operation to eliminate prisoners, but it is also a recognition of the work of several civil society organizations, with which TRIAL International has fought from the very beginning”, said the lawyer.

 

… WITH REPERCUSSIONS IN GUATEMALA

For all those who are fighting against impunity in Guatemala, the decision will certainly bring a glimmer of hope. Given the dissolution of the International Commission against Impunity in Guatemala (CICIG) on 3 September 2019, as well as the election of the new president – a close relative of Erwin Sperisen – on a promise to restore the death penalty, there are reasons to fear the worst for the functioning of the Guatemalan justice system. Thus, the need for independent and impartial justice is indeed greater than ever before.

Nepal has made no real progress on questions of justice, truth and reparations for victims of gross human rights violations and abuses during its 10-year conflict, the International Commission of Jurists (ICJ), Amnesty International, Human Rights Watch (HRW) and TRIAL International said today. The Comprehensive Peace Agreement to end the war was signed on 21 November 2006.

While two commissions have been set up to address conflict-era atrocities, they have not been effective and impunity and denial of access to justice to victims remain prevalent. The four human rights organizations are particularly concerned about the recent moves that suggest that the government will go forward with the appointing of commissioners without making necessary reforms to the legal framework.

“Last week marked the 13^thanniversary of the Comprehensive Peace Agreement that ended the conflict in Nepal. It is astonishing that so little progress has been made in responding to the clearly articulated concerns and demands of conflict victims,” said Frederick Rawski, ICJ’s Asia-Pacific Director. “These demands have included a transparent and consultative process for the appointment of commissioners, and a genuine good-faith effort by political leaders and lawmakers to address serious weaknesses in the existing legal framework.”

 

No adequate consultation and transparency

On 18 November 2019, a five-member committee formed by the government to recommend names for commissioners to be appointed to the Truth and Reconciliation Commission and the Commission on the Investigation of Enforced Disappearances published a list of candidates. Concerns have been raised by victims and civil society that the government will simply re-appoint past commissioners or make political appointments that will not be adequately impartial and independent.

“It is deeply disappointing that the government has repeatedly attempted to appoint the commissioners without adequate consultation and transparency. The commissions will not gain the trust of the victims and the international community if the political parties continue to interfere in the appointment process,” said Biraj Patnaik, South Asia Director at Amnesty International.

Importantly, the move suggests that the commissions will be re-constituted without amending the legal framework governing the transitional justice process and ensuring its compliance with Nepal’s international human rights law obligations, as directed by Nepal’s Supreme Court and demanded by civil society and victims.

 

Strong legal foundations and political will

Victims and civil society organizations have issued a public statement making it clear that they oppose any appointments prior to the amendment of the legal framework. Notably, the National Human Rights Commission, in its statement commemorating 13^thanniversary of CPA, stated that “…the commission will not support any decision, work or activities that might hurt the sensitivity of the conflict victims…”.

“The government’s move has not only undermined victims’ role in the transitional justice process, but has also once again brought into question its commitment to uphold its international law obligations and ensuring justice for conflict-era crimes,” said Tomás Ananía, TRIAL International’s Nepal Program Manager.

The ICJ, Amnesty International, Human Rights Watch and TRIAL Internationalhave repeatedly expressed concern that effective transitional justice mechanisms require strong legal foundations consistent with international law and good practices, and the political will to address the concerns of victims of the conflict.

All four organisations reiterated their calls to amend the the 2014 Transitional Justice Act to make it consistent with the Supreme Court’s rulings and international human rights standards, as well as for the initiation of a genuine consultative and transparent process for the appointment of commissioners.

Find out more about TRIAL’s actions in Nepal

For its first venture in the Kasai region, TRIAL International has partnered with the medical NGO Physicians for Human Rights. The objective? Strengthening access to justice through a combination of legal and medical expertise.

Building on its successful experiences in Eastern DRC, TRIAL International is extending its actions in the countryto Kasai -a region on the border with Angola plagued by violence.

To tackle the scale and gravity of the crimes committed there, it has developed a partnership with Physicians for Human Rights (PHR), an NGO using medical evidence to document human rights abuse. The project will run until 2022 and should bring hundreds of beneficiaries closer to justice and redress.

“Our first collaboration with PHR on the Kavumu case proved that medical and forensic expertise greatly contributes to the fight against impunity” explains Guy Mushiata, TRIAL International’s National Coordinator in DRC. “We now hope to reiterate this successful collaboration in Kasai, where so many victims are still suffering from the lack of justice.”

 

Complementary expertise, delivered free of charge

Together, TRIAL International and PHR are deploying their resources, as well as their legal and technical expertise, to assist victims of international crimes seeking justice. All help is delivered free of charge to survivors of all origins, ethnicities, languages and religions. A specific focus is placed on victims of sexual and gender-based violence.

Additionally, both organizations train a wide range of practitioners from Kasai. Capacity-building efforts reach out to lawyers and judges, medical personnel, human rights defenders and local NGOs, police officers and prosecutors -to name but a few.

 

Mistrust and fear still hinder the justice process

Between 2016 and 2017, Kasai saw one of the most dramatic escalations of violence in Congolese history. This violence resulted in the murder of over 3’000 people, and over 80 mass graves have already been discovered. Thousands of victims of torture and rape have also been reported.

Notwithstanding these figures, fear of stigmatization -especially for crimes of sexual violence -and a general feeling of mistrust towards the justice system explain a surprisingly low number of criminal cases. TRIAL and PHR hope to change these attitudes and prove that justice is within reach.

“Our organizations have different mandates, but from the victims’ point of view they are part of a coherent whole: ensuring they receive the best and most holistic care; documenting the crimes in a comprehensive but respectful manner; training local practitioners so that they can emulate best practice. All these elements go towards making justice more efficient and more accessible” summarizes Daniele Perissi, Head of the Great Lakes Program at TRIAL International.

The Kasai remains one of the least developed regions in DRC. Despite an abundance of natural resources, the economy of the region has been in ruins for decades due to the State’s low investment in basic services, fostering extreme poverty and chronic underdevelopment.

Read more about PHR and TRIAL’s first collaboration in DRC

Read more about Physicians for Human Rights

Three former militiamen, including the infamous warlord Kokodikoko, have been condemned for crimes against humanity. The Congolese State was also found liable for failing to protect the affected civilian populations. An exemplary verdict which comes as a relief to hundreds of victims… as long as it is actually enforced.

On 19 November 2019, the Bukavu Garrison Court (South Kivu) found three former militiamen guilty of crimes against humanity. They received heavy prison sentences, ranging from 15 years to a life sentence for the head of the group, Kokodikoko. The judges recognized the crimes of murder, torture, enforced disappearances, sexual violence and enslavement the three men inflicted for months on civilians in several villages in South Kivu.

Victims were awarded compensations and access to medical and psychological care. Over 300 of them took part in the hearings, the majority of whom had suffered sexual violence. Although several renounced to testify for fear of retaliation, holding hearings directly on the crimes scenes undeniably encouraged their participation.

Read more about this trial of epic proportion

An exemplary decision: the Congolese State was found civilly liable

Despite the fact that the accused were part of a non-State group,the Congolese State was also found liable and should compensate the victims if the culprits cannot. Why? Because it has failed to take all necessary measures to prevent these crimes, thereby falling short of its obligation to protect its own population.

This is no detail, as Kokodikoko and his accomplices will probably be unable to compensate the victims. It will be up to the State to fill this gap, ensuring that reparations orders are actually enforced.

“This decision is a step in the right direction but we are now waiting to see whether it will materialize” says Chiara Gabriele, Legal Advisor for TRIAL International in Bukavu. “Precedents have shown that the State was unwilling to compensate victims, even when the judges have ordered it.”

For this reason, TRIAL International will continue supporting the victims after the trial has ended. “Justice is not just about punishment: it must also include a rehabilitative dimension” concludes Chiara Gabriele.

 

One more victory in the fight against armed groups

President Felix Tshisekedi, elected at the end of 2018, has made the fight against armed militias one of the priorities of his program. This new condemnation – the seventh in five years – helps to reinforce the rule of law in regions which remained prey, until now, to local warlords.

TRIAL International, in the framework of the Task force for international justice, contributes to this long-term endeavor. The organization has participated in several major cases against non-state armed groups: Marocain and his accomplice “106”, Mutarule, Minova, the ongoing trial against Sheka in North Kivu and of course the famous Kavumu case in 2017.

“All these victories demonstrate that justice is achievable in DRC. Impunity is not a fatality as long as the Congolese authorities, with the help of all its partners, put in the necessary efforts” says Guy Mushiata, National Coordinator for TRIAL International in DRC.

The main accused in the trial, Kokodikoko, was arrested in spring 2019 during a joint stabilization operation between the Congolese military and MONUSCO.

Edit 05/06/2024: In June 2024, the South Kivu Military Court confirmed the ex-militiamen’s conviction for crimes against humanity.

Find out more about TRIAL International’s action in DRC

Silvia Lorenzi is a clinical psychologist and psychotherapist in Banjul, The Gambia’s capital. She has been working with TRIAL International for three years, offering psychological support to three victims of Ousman Sonko, former Gambian Minister of Interior, who is under investigation in Switzerland for crimes against humanity. A portrait.

 

Four years ago, Silvia Lorenzi arrived in Banjul from her native Italy. She had been toying with this project for a long time with her Gambian husband, whose surname she bears today: Jawneh. Before she could make her African dream come true, however, she had to finish her specialization in psychotherapy. Then, she had to wait until their three children were ready for the move.

Upon arriving in The Gambia, she discovered a country in which the very notion of psychological support was vague. People talked about it without really knowing what it was, she recalls. That gap was only partially bridged by medicine, that most often settled for pharmaceutical solutions to mend troubles of the soul. To this day, she is probably the only psychotherapist in The Gambia. Only a handful of psychologists are currently registered in The Gambia, and they are not active in the clinical field — they teach at university. As a result, she had literally no competition when she opened her practice in Banjul in 2015.

 

Create an atmosphere of trust

Time seems to have stopped in the room full of cushions where Silvia Lorenzi receives her patients, hidden from the street behind high walls. It did not take long for her to start having sessions, at first mainly with a few people from the expatriate community. Then, gradually, Gambians began seeking her help. To this day, they are primarily from the capital and its close surroundings, and are exclusively young people. The first contacts she made had come easier than she expected — being a foreigner helps to loosen tongues.

The Gambia is a small country, with a very tight community. Initial contacts were facilitated because she is outside this community, she explains. Generally, locals are afraid to talk about private matters because stories spread quickly. Within minutes, your neighbor is privy to your most intimate secrets. Moreover, she has observed, Gambians tend to trust white people more readily. To overcome the occasional language barrier, an interpreter sometimes attends the sessions.

 

A heavy past to bear

Among the fifteen or so patients whom she sees regularly, three have a special status in her eyes. Almost three years ago, TRIAL International contacted her to help three individuals supported by the NGO — victims of the era of Yahya Jammeh, the dictator who ruled The Gambia with an iron fist from 1994 to 2016. Under his authoritarian regime, torture, rape, extrajudicial killings and a countless number of other human rights violations were standard practice, and many members of the State apparatus were involved. While collecting testimonies of the victims of one such member arrested in Switzerland, TRIAL International’s teams realized the need for psychological support. For the victims, sharing what they had experienced had rekindled the trauma. They needed help back home.

Since she began treating these special patients, Silvia Lorenzi has witnessed their ups and downs. For people who have gone through traumatizing events, the healing process is bound to be a long one, she says. And the life they lead today also has a strong impact on their psychological state. Some of them now face financial difficulties or struggle to find their place in society.

Silvia says she does everything she can to help them realize that, despite the burden of those dark years, they can take their health into their own hands, to draw a line under the past and move forward.

 

The military tribunal in Bukavu sentenced a sergeant of the Armed Forces of the Democratic Republic of the Congo (FARDC) to 14 years in prison and a 15’000 USD compensation for the rape of a 13 year-old girl. A victory for TRIAL International in its fight against impunity for sexual violence, regardless of the identity of the perpetrators.

In September 2016, Judith (real name withheld) was raped in a military camp based in Shabunda, South Kivu. She had been threatened into entering the tent of sergeant Twari Bahizi Theonoeste, a member of the Congolese army (FARDC), who then used force to take advantage of her. Aged 13, the victim got pregnant from the rape.

 

Threats of reprisals

Judith’s father tried to get justice by denouncing the crime to the sergeant’s hierarchy. Unfortunately, the attempt proved unsuccessful. What is worse, the rapist went on to threaten the victim’s family. Fearing reprisals, the family decided to lay low for a while. 

Eventually,  the local NGO ACPD – one of TRIAL’s partners in DRC –  helped the parents of the victim lodge a complaint in April 2017.

 

Manifold support

After that, Judith and her family were assisted by a lawyer trained by TRIAL International, free of charge. He provided them with judicial guidance and gathered evidence of the crime. Thanks to the incriminating elements he collected, the Military Prosecutor in Bukavu opened a trial against Twari Bahizi Theoneste in July 2018 for rape of a minor. The lawyer continued assisting Judith and her family throughout the trial.

TRIAL International provided another important form of support: it facilitated Judith’s travel from Shabunda to Bukavu so that she might testify in person during the audiences. If not for that, the 320km journey might have discouraged her, especially given the weakness of the transportation network in Eastern DRC.

In addition to judicial support, the victim was also granted free access to the Panzi hospital, to receive adequate care after the birth of the child conceived during the rape. There, Judith received training in a variety of small jobs. These courses, which are often dispensed to women who have survived sexual abuse, enable the victims to become economically autonomous and therefore to secure a better future.

 

At last a conviction

Three years after the event, at the end of October 2019, the military tribunal in Bukavu gave its verdict. Sergeant Twari Bahizi Theoneste was found guilty of rape with violence on a minor. He was sentenced to 14 years in prison and to pay 15’000 USD in compensation to the victim. The Congolese State, found civilly liable, was sentenced to pay in solidarity with the defendant – in other words, to step in should the sergeant be unable to cover the sum.

TRIAL International will remain by the side of the victim should the accused appeal the ruling, and is already focused on the long road to obtaining reparations. To this day, none of the victims of sexual violence in DRC has obtained the reparation measures that have been ordered by the Court.