Author: Communication Department

On 7 January 2019, the Truth, Reconciliation, and Reparations Commission (TRRC) held its first session in the Gambian capital of Banjul. Composed of 11 members, the Commission is charged with investigating crimes committed over the course of Yahya Jammeh’s 22-year presidency, from 1994 to 2016. The inauguration of the TRRC presents a unique opportunity for The Gambia to come to terms with its tormented past, says Emeline Escafit, legal advisor at TRIAL International.

Bringing an end to more than 20 years of authoritarian rule is a delicate process, as victims and perpetrators are sometimes one and the same. To do this, the Gambian Commission will be able to draw on the work of similar commissions in other countries – South Africa, Peru, Tunisia, and Côte d’Ivoire. It will be critical for the TRRC to avoid either a witch hunt or a generalised amnesty.

A first step toward justice

Giving voice to victims who were forced to remain silent for more than 20 years is a crucial step. By telling their stories, the victims will finally be able to have their suffering recognised by an official institution. This should in turn help ease the tensions that still weigh upon the country. The Gambia deserves to rebuild itself and the TRRC must serve as the foundation upon which a new Gambian society may rest.

A successful transition is nevertheless far from assured. It is imperative that the investigations led by the Commission remain independent and impartial. TRIAL International has demonstrated its support to the TRRC by sending the Commission’s investigators and researchers a chronology of international crimes committed during the Jammeh regime.

Paving the road to democracy

The TRRC must begin by assessing its role in the rebuilding of The Gambia. The work of acknowledging and coming to terms with the past will remain unfinished as long as cases are not brought before the courts. It is the hope of TRIAL International that the Commission will undertake its work with honour, by demonstrating restraint in its use of the amnesties contained in its statutes and by referring cases to the judicial authorities where it determines, on the basis of its investigations, that prosecution is appropriate. It is only under these conditions that The Gambia will be able to realise its transition to democracy.

Today, human rights organizations TRIAL International and Women’s Link Worldwide bring the first case relating to the Franco regime before the United Nations. 44 years after the fall of the dictatorship, relatives and survivors are still awaiting justice: it’s high time for Spain to shed light on the crimes of its past. 

In collaboration with the local association Memoria de Mallorca, TRIAL International and Women’s Link Worldwide filed a case on behalf of Francisca Alomar Jaume and Bartolomea María Riera Alomar, the daughter and grand-daughter respectively, of two victims of the Franco regime.

In August 1936, husband and wife Antonio Alomar Mas and Margalida Jaume Vandrel were forcibly disappeared in Manacor (Majorca). Although their fate was never confirmed by official sources, testimonies indicate that they were illegally detained and murdered by Franco’s military police (Guardia Civil). Margalida, who was seven months pregnant at the time, may also have been sexually assaulted in detention.

Decades of uncertainty for thousands of victims

Francisca, the youngest daughter of the couple, was eight years old when her parents were taken away. Now 90, she still doesn’t know what happened to them. Together with her niece, and with the support of two NGOs, she has decided to take her fight to the next level: the United Nations Human Rights Committee (HRC).

“The Spanish 1977 Amnesty Law prevents the investigation of crimes committed during the Civil War. The budget for the search of the disappeared is also widely insufficient”, explains Teresa Fernández Paredes, Managing Attorney at Women’s Link Worldwide. “As a result, victims like Francisca can only revert to supranational mechanisms to seek truth and justice.”

By bringing the case before the HRC, the NGOs wish to incite the Spanish authorities to finally shed light on past crimes. In accordance with the International Covenant on Civil and Political Rights, to which Spain is party, this includes organizing the comprehensive search of its disappeared citizens, punishing the perpetrators of mass human rights violations and effectively redressing victims.

Enforced disappearance: a gender-based crime

Enforced disappearances of Republicans (or individual perceived to be) was a systematic practice during the Spanish Civil War and under Franco’s dictatorship. Women were particularly at risk of such violence, either to stifle their own activism, or in retaliation for their relatives’ political opinions. Women perceived to violate the traditional female model upheld by Catholic nationalism were also at risk of reprisals, usually consisting of sexual violence.

Case update

Last spring, Selma Korjenić, Head of the Bosnia and Herzegovina program, traveled to Athens with a rape survivor supported by TRIAL International to meet with women migrants. Read about her experience below. 

“Fighting for one’s rights is never a waste of time. For victims of sexual violence, testifying means not only sharing experiences, but sometimes also encouraging others to speak up. This is exactly what happened when Semka Agic and I went to Athens to meet local NGOs that help migrants.

As a survivor of rape during the war in Bosnia and Herzegovina, Semka is one of the women who have obtained justice with the help of TRIAL International. In Greece, she shared her story with women migrants from Syria, Afghanistan, Iraq and several countries in Sub-Saharan Africa. Forced to migrate, these women are particularly vulnerable to various forms of sexual violence. I remember one of them was visibly shaken by Semka’s testimony; she suddenly realized that she was not alone in having suffered atrocities. She spoke up later that day to unload her own burden.”

Sharing to help others share

“Volunteers for Glocal Roots, an NGO based in Zurich in Switzerland, organized the meeting in Greece. Their goal was to ‘learn from the experiences of others.’ The workshop in which we took part reflects the NGO’s wish to break the taboo around sexual violence: ‘Through our workshops, we start new (and often first) dialogues with survivors of conflict-related sexual violence and support other women to develop their own coping strategies.’

This exchange of experiences offered a two-fold advantage. It not only helped women who have not yet dared to break the silence find the courage to do so, but it was also an opportunity for Semka to pass along her energy; her desire to fight for her rights – the rights of all these women. If I had one wish, it would be that her legal struggle inspires other victims to also mobilize and obtain justice.”

Raising awareness within aid organizations

“Women migrants are not the only ones to benefit from such exchanges: the many organizations that help migrants must also be able to support victims of sexual violence.

For example, the Melissa Network provides Greek language lessons, workshops, childcare, and support to migrant and refugee women throughout Greece. While it is well-equipped to accomplish its mission, it is not prepared to handle crisis situations faced by women who have suffered sexual violence. The women often do not dare talk about what they have experienced, for fear of being stigmatized or because they worry that they might awaken a trauma that is too painful to bear.

The first step is therefore to create a climate of trust in which the women will dare speak about their experience. However, organizations must be taught how to talk to victims of such violence. By their own admission, the organization’s volunteers are not fully prepared to tackle such situations, let alone to try to help them bring the perpetrators to justice.

Far from pulling the organizations away from their main task, i.e. emergency aid, Semka’s testimony helped show both victims and professionals that there are different means, including psychological support and legal guidance, that could contribute to healing the wounds caused by sexual violence. And that the first step must be breaking the silence.”

A few weeks ago, TRIAL International organized a training course for judges and prosecutors. The objective: to give them the necessary tools to facilitate the access to compensation for victims of sexual violence during the war.

How can we provide comfort to victims of sexual violence? Is the perpetrator’s conviction sufficient to enable them to regain control of their destinies? On 16 November, more than fifteen judges and prosecutors from the cantonal courts of the Federation of Bosnia and Herzegovina met for a training session at the invitation of TRIAL International and the Center for Education of Judges and Prosecutors of FBiH. Up for discussion was how to claim compensation for victims of sexual violence during the war.

In the Bosnian context, in which the events took place more than twenty years ago, the need for justice is still present and the burden borne by victims is often very real. TRIAL International has been fighting for years to ensure that victims’ access to justice and reparations is improved. In the last couple of years, focus has been put on financial compensation in criminal proceedings, in addition to the conviction of the perpetrators of these crimes.

Paving the way to more compensations

In recent years, ten compensation claims decisions have been issued, mostly by the Court of Bosnia and Herzegovina. By training prosecutors and judges, TRIAL International hopes that this practice will become more widespread, especially at lower level jurisdictions. Nevertheless, having claims for compensation recognized before a Court is not a straightforward matter, especially when the damage caused to the victims is not material.

Therefore, the main objective of the workshop was to train prosecutors and judges from cantonal level jurisdiction how to handle the practical aspects of compensation claim procedures, and which steps to undertake in order to facilitate the later enforcement process. The organization has also published a manual which outlines the steps for including these requests in criminal proceedings, as well as recommendations for ensuring that they are followed up.

Rehabilitating through compensation

“Reparations are a significant part of victims´ rehabilitation. They provide additional recognition of the damage suffered by the victims and help them to finally turn the page,” says Adrijana Hanušić, Legal Advisor for Bosnia and Herzegovina at TRIAL International.

However, none of these convictions have so far been enforced, as the perpetrators of the crimes do not have the resources to serve their sentences. TRIAL International will continue its fight to improve enforcement of granted compensations.

The long-awaited trial of two Congolese rebel leaders opened on 27 November 2018 in Goma, North Kivu. Ntabo Ntaberi faces charges of war crimes and crimes against humanity, along with his co-defendant, former FDLR leader “Lionceau”. Collaborating with several local and international actors supporting the Congolese justice system, TRIAL International has worked to facilitate access to justice to the two men’s hundreds of victims.

The judges will have to determine the role the two warlords have played in the attack of numerous villages in the territories of Walikale and Masisi from 2010 to 2014. This zone in the North Kivu province was the battleground of several militias, resulting in mass murder, sexual violence, recruitment and use of child solider and pillages – among other crimes.

Ntabo Ntaberi, who also goes by the war name “Sheka”, was the commander of one of those militias, the Nduma Defence of Congo (NDC). Himself and another warlord, Séraphin Nzitondaknown as “Lionceau”, are now facing justice before the Operational Military Court of North Kivu.

Four years of terror

From 2010 to 2014, the NDC group led by Sheka attacked and looted entire villages in the Walikale and Masisi territories, systematically murdering and raping its inhabitants. Some of these operations were carried out in coalition with a unit of the armed group Democratic Forces for the Liberation of Rwanda (FDLR) headed by Lionceau. Overall, the group conducted at least a dozen attacks against the civilian population, with at least 400 reported deaths and 200 cases of sexual violence.

From 2011 onwards, clashes between the NDC and other militias, and between the NDC and the Congolese military caused massive displacements of population and ignited ethnic tensions. In an effort to gain control over the Walikale and Masisi territories, the NDC started targeting Hunde and Hutu populations only, accused of associating with competing militias. Evidence of savage crimes and cruel practices have been documented for the 2012-2014 period, including sexual slavery and the recruitment of over 150 child soldiers.

On 26 July 2017, Sheka surrendered to UN peacekeepers in North Kivu province, and he was later transferred to the Congolese justice authorities.

A network at the service of justice

Following Sheka’s surrender, the Congolese judicial authorities finalized the investigation on the crimes committed in Walikale and Masisi.

Local and international actors have extensively documented the crimes committed by the NDC and the FDLR in these areas since 2010. Gathered in an informal network active in Goma, and supported by the Congolese judiciary, they conducted several investigative missions and interviews with survivors and witnesses. TRIAL International joined this network in early 2018.

Since joining the network, TRIAL International has worked in close collaboration with the victims’ lawyers. Together, they have collected and analysed over 3’000 pages of evidence; consolidated their legal strategy to prove the widespread and systematic nature of the crimes; and supported the NGOs working directly with the victims to prepare them for the hearings.

Victims and witnesses remain highly vulnerable

Despite the very positive sign the trial represents, the hearings will remain highly challenging on many levels. Sheka still has many supporters in the province, raising particular concerns for the safety of victims, witnesses and local actors who have been working on the case.

Procedure

At the Defence’s request, hearings were suspended on the first day of the trial. They resumed on 6 December 2018 with the addressing of procedural questions.

From March to June 2020, hearings were suspended due to the coronavirus pandemic. The last witnesses were heard in July 2020.

TRIAL International’s work on this case has been conducted in the framework of the Cadre de concertation, an informal network of international actors collaborating to support the work of Congolese military jurisdictions in the investigation and prosecution of mass crimes in DRC in the North Kivu province.

In June 2013, three villages in the Kalehe territory (South Kivu) were attacked by soldiers of the Congolese army (FARDC). The commander of that unit, accused of crimes against humanity, has received a life sentence from the Military Tribunal of South Kivu.

On 7 June 2013, at the market square of Katasomwa (Kalehe territory), cross-fire erupted between the soldiers of the FARDC and members of the armed group known as “Raia Mutomobki“ or “angry citizens”. The detention of a young man belonging to the militia flared the violent confrontation, which led to the death of FARDC soldier.

Retaliatory attacks against citizens

Within days, two commanders of the FARDC attacked the villages of Mirenzo, Murangu and Chirimiro, allegedly searching for members of Raia Mutomboki. Major Mabiala Ngoma’s men committed numerous grave crimes against the villagers, including murder, rape and pillage amounting to war crimes and crimes against humanity.

Procedure

On 21 November 2018, the trial of Major Mabiala opened before the Military Tribunal of South Kivu. The latter usually holds court at Bukavu, but relocated to conduct its hearings nearer to the crime scene. This practice, known as “mobile courts”, facilitates access to evidence and the participation of victims.

A group of five lawyers are representing 146 identified victims. In collaboration with the Legal Clinic of Panzi and the NGO Lawyers Without Borders, TRIAL has coordinated the training of this group. It has closely monitored their pre-trial work for this case, the collection and analysis of evidence, as well as elaborating a legal strategy.

Decision

On 29 November 2018, the judges have found Major Mabiala guilty of murder, rape, torture, pillage and arson amounting to crimes against humanity. He was sentenced to life imprisonment. All participating victims were recognized, which entitles them to the following reparations: 10’000 USD for the victims of murder, rape and torture, and 5’000 USD for the victims of pillage and arson.

Moreover, the Congolese State was condemned in solidum with Major Mabiala. This means that the State itself should pay for the victims’ compensation if the accused is unable to do so.

In October 2019, the High Military Court of DRC confirmed the verdict. 

Despite his conviction, Major Mabiala remained free after the trial. He died in July 2020.

The work of TRIAL International on this case was conducted under the framework of the Task Force of International Criminal Justice, an informal network of international actors who collaborate to support the work of the Congolese military tribunals in the investigation and prosecution of mass crimes in the DRC.  

In less than a week, the Swiss people will have decided. But what exactly? “Swiss law instead of foreign judges”, “initiative for self-determination”, “anti human rights initiative”. Under these different names hides one and the same object of voting.

The Democratic Union of the Centre (UDC), at the origin of this initiative, has constantly moved the debate. The latest blow: a rejection of the initiative would pose a threat to direct democracy and to the “Swiss model” and would no longer guarantee the right to vote of citizens in the long term.

However, it is not. The initiative of the UDC wants to make people believe there is a problem where there is none. It is nothing less than a direct attack on the European Convention on Human Rights (ECHR). Switzerland ratified the ECHR more than forty years ago and our direct democracy has not aged a bit. On the contrary, the ECHR strengthens the fundamental rights enshrined in the Swiss Constitution. Yet these rights can be weakened, particularly by popular initiatives with uncertain consequences that the UDC brandishes regularly, or even by federal laws, since there is in Switzerland no control of the conformity of the laws with the federal Constitution.

Decisions of the European Court of Human Rights have not always served the interests of the UDC. As a reminder, the Strasbourg Court had overturned a decision of the Federal Court in the Perinçek case in 2015. It ruled that the Swiss nationalist’s condemnation of his remarks describing the Armenian genocide as an “international lie” violated his right to freedom of expression.

Endangered freedoms

This initiative could especially blow up the safeguards that protect the right to life, liberty, against inhuman treatment, as well as the right to privacy, freedom of conscience and religion, freedom of expression and association, marriage and family life. It would put Switzerland in the trend of the policies of Trump, Putin, Erdoğan or Orbán.

By voting “NO” on 25 November 25, the Swiss people will demonstrate their commitment to the fundamental rights they have acquired through the ECHR. By voting “NO”, the people will prevent Switzerland from being at odds with the treaties it has signed. By voting “NO”, they will affirm that their fundamental rights will not be sacrificed on the altar of demagoguery and political timelines.

Uta Simon recently served as gender advisor and investigator of sexual and gender-based violence on the UN Commission of Inquiry on Burundi. Among other things, she and her colleagues travelled to refugee camps to interview Burundian refugees. In an interview with TRIAL International, she reflected on her assignment and the challenges related to researching gender-based and sexual violence.

“I have investigated human rights violations for much of the past 17 years and, from December 2017 to September 2018, joined a UN Commission of Inquiry documenting violations of human rights in Burundi. As the government did not allow us into the country, we conducted remote investigation activities and missions to neighboring countries to interview Burundian refugees.

Our research also included other forms of evidence-gathering, such as expert interviews, desk research, and analysis of publicly available information. All of these forms of research can contribute to corroborating information about human rights violations, in addition to interviewing survivors and witnesses.

Interviews were conducted in refugee camps in Tanzania, Rwanda, and the Democratic Republic of the Congo, often in settings where people did not feel safe. Therefore, we took special care to establish trust and protect witnesses.

As an investigator, I have found it important to explain our mandate and methods of working. This ensures that people decide freely whether to speak with us and that they understand we cannot offer direct assistance.”

Sexual violence is often part of a bigger picture

“Many people I interviewed were affected by several violations of their human rights, including – but not limited to – sexual violence. We may not know before an interview takes place what facts a person will report and what violations we may find. It therefore often makes sense to investigate sexual violence in an integrated manner, rather than in isolation.

In the Commission of Inquiry on Burundi, all investigators were familiar with ethical standards for conducting interviews with people who have experienced sexual violence. This includes knowing how to avoid re-traumatization and looking out for clues that someone may have been subjected to sexual violence. Such clues include hesitations, gaps in the narrative, or signs of physical or emotional discomfort. Survivors often do not speak about sexual violence directly because it is painful to recall the facts and because of stigma.”

A person-centered approach

“I usually start an interview by asking the person to tell me their story. This allows a person to talk about what matters to them and decreases the risk of the investigator missing important parts of the story. Listening to and acknowledging the person’s experience is also important to build trust. I later go back to relevant parts of the story to obtain the necessary detail for the investigation.

A person will always be able to decide how we use their information. Some choose not to disclose experiences of sexual violence at all, which is why sexual violence remains systematically underreported, even where international inquiries are mandated.”

Understanding the context

“Sexual violence in Burundi is perpetrated mostly against women and girls, although we also documented cases of sexual violence against men. Yet violence against women is much broader than sexual violence only. To uncover how women are affected by a crisis requires an analysis of gender roles in the specific context.

In Burundi, for example, violations of civil and political rights resulting from the crisis (such as arbitrary detentions, extrajudicial executions or enforced disappearances) were perpetrated mainly against men. While women were seldom targeted directly, they were affected by violations targeting men because of their gender roles.

For instance, men are often the main breadwinners of the family, and women’s traditional gender roles involve reproductive and care duties. As a result, in a country where many people are poor, the survival of women and children was often threatened when the male head of household was killed, imprisoned or subjected to enforced disappearance. The Commission of Inquiry, in its second report presented in September 2018, has paid particular attention to how women are affected by the crisis because of gender-based discrimination.”

The former head of the Guatemalan National Civil Police, who has just appealed to the Federal Court against his 15-year prison sentence handed down by a Genevan court, could face new charges for extrajudicial executions and the torture of fugitives in the “El Infiernito” prison in 2005.

Four Guatemalan government and security force officials were arrested in Guatemala on 29 October 2018. Carlos Vielmann, Minister of the Interior from 2004 to 2007, Stu Velasco, former Deputy Director of the National Civil Police (known as the PNC), and two others are now in custody. But among those summoned by the Public Prosecutor’s Office is also the former head of the PNC, Erwin Sperisen, who has appealed his conviction in Geneva for a similar incident that occurred in another prison.

The Guatemalan courts intend to investigate the involvement of the men in the “Gavilán plan”. On 22 October 2005, 19 prisoners escaped from the “El Infiernito” high-security prison. A plan was allegedly devised to find the fugitives and execute them. Seven of them were shot dead, and at least four others were reportedly tortured. According to the Guatemalan Public Ministry, the security forces were organized into two groups: the first official one was supposed to find the fugitives, while the second unofficial one was responsible for executing them. This second group was to stage an armed confrontation between the prisoners and the police, as a means of justifying the death of the former from an exchange of fire.

SAME EVENTS, FRESH CHARGES

Erwin Sperisen, a dual Swiss-Guatemalan citizen, was acquitted by a Genevan court for two of the “El Infiernito” fugitive killings. But the investigation by the Public Ministry and the International Commission against Impunity in Guatemala (known as CICIG), which was based on 56 testimonies, autopsies, and ballistic and police reports, implicated him in the deaths of three other people, including two fugitives from the prison. At a press conference on 29 October, Juan Francisco Sandoval, head of the Office of the Special Prosecutor Against Impunity, affirmed that the unofficial group that executed the recaptured prisoners was headed by Carlos Vielmann and Erwin Sperisen. They were allegedly kept informed of the operations of both groups by Victor Rivera, now deceased, who was then adviser to the Minister of the Interior. Moreover, four recaptured prisoners testified to the torture they suffered. According to Mr Sandoval, three of them claimed to have been tortured by Erwin Sperisen himself.

“The investigation will continue. But if these acts are confirmed, they represent an important development that should be of interest to the Swiss courts, and could turn into new charges against Mr Sperisen”, says Philip Grant, director of TRIAL International, who underlines that Erwin Sperisen cannot be extradited. Mr Sperisen and Mr Vielmann had already been tried for other crimes, one in Switzerland and the other in Spain. Sentenced to 15 years’ imprisonment by the Genevan courts for complicity in the murder of seven detainees in Pavón prison, will Erwin Sperisen have to answer for the murder of two of the “El Infiernito” prisoners, and acts of torture? In a video posted online, he reacted by declaring that he feels confident, and denouncing a political coup. Carlos Vielmann, acquitted in March 2017 by a Spanish court for his role in the Pavón assassinations, has reacted in the same fashion. It remains to be seen, in the face of such charges, if the conspiracy theory argument will convince anyone.

The first hearing in the transitional justice process for the Jaïdane case took place on Thursday 4 October 2018 in Tunis. Due to the social movement of magistrates that affected almost all the specialized Chambers, the Tunis Chamber, composed in part of substitute magistrates, decided to postpone the hearing after 45 minutes of introductory exchanges – in spite of 5 accused being present.

After the Tunis Court of Appeal gave its judgment in December 2017 and decided that the torturers of Rached Jaïdane were to be pursued for committing torture, the transfer of the case in June 2018 by the Instance Vérité Dignité(IVD) offers new hope for justice and for the conviction of the alleged perpetrators. When the case was brought to the IVD, it issued 9 indictments on 6 counts based on several articles of the Tunisian Penal Code.

Read more about the case

Even though the crime of torture is imprescriptible under the provisions of the Tunisian Constitution, the Tunis Court of First Instance ruled on 8 April 2015 that the facts were too old. The alleged perpetrators thus remain free. This decision was subsequently confirmed by the Tunis Court of Appeal on 21 December 21 2017.

On 11 August 2017, the decision of the Committee Against Torture, issued following a complaint lodged by ACAT and TRIAL International, contradict the judgments delivered. It is fraught with meaning and demands in relation to the Tunisian justice system. While reminding Tunisia of the “obligation (…) to impose on the perpetrators of torture appropriate penalties in view of the gravity of the acts”, the Committee:

• Affirms that the Tunisian justice system cannot in any way retain its decision held in the Jaïdane case;
• Demands, in cases where judges cannot legally characterize acts of torture committed before 1999 (date of criminalization of torture in the Penal Code) as “torture”, that they retain a qualification reflecting the seriousness of the facts and permitting prosecution.

This decision constitutes a clear call to break with practices of impunity which, beyond the pain they inflict on the victims, constitute a blank check given to the Tunisian security forces, who continue today to resort to committing acts of torture and ill-treatment.

The story of Rached Jaïdane is emblematic of Tunisia’s torture system, the very one the post-revolution governments promised to upturn by providing justice to the victims. And yet…

Today, and despite its international obligations as well as the legal and institutional reforms introduced since 2011, the Tunisian state still fails to demonstrate a firm will to end impunity. In this context, the establishment of specialized Chambers represents a considerable hope of obtaining justice and creating a solid case law on which hundreds of other cases could be based.

In this context, the signatory organizations call on: 

• The Superior Council of Magistracy (CSM) as well as the actors concerned to quickly replace the missing members of specialized chambers and train them;
• The specialized Chamber of Tunis to act with all due diligence to prosecute the alleged torturers in a fair trial.

Signatory NGOs:

• ACAT, Action des chrétiens pour l’abolition de la torture; 
• ASF, Lawyers without Borders;
• TRIAL International;
• OMCT, World Organization against Torture.

The former Gambian dictator’s death squads, known as “Junglers”, have killed at least 45 individuals in the region of Casamance in 2005, shows a joint report by TRIAL International and Human Rights Watch (HRW). Their bodies were then thrown in dry wells there and left to rot for years. The same wells could have been used for similar purposes for other crimes. Senegal may have a role to play in their relatives’ quest for justice. TRIAL International and HRW held a press conference in Dakar to present their findings.

Continue reading “Victims of Yahya Jammeh’s oppressive regime were buried in Senegal”

Building on its considerable expertise in Burundi and the DRC, TRIAL International has held its first joint training session for 80 Burundian, Congolese and Rwandan lawyers. This represents the launch of the organization’s regional ‘Great Lakes’ strategy.

Since February 2018, the Great Lakes Association Bar (GLAB) has brought together the Bar Associations of Goma (DRC), Bukavu (DRC), Bujumbura (Burundi) and Rwanda. Founded to promote exchanges between lawyers in the region, the initiative resonated with TRIAL International. Indeed, the organization has been working in Burundi and the DRC for several years, and, thanks to GLAB, it will be able to systematize the support it offers to lawyers in the region.

“We noticed that Congolese and Burundian lawyers were facing similar issues in their fight against impunity,” explains Pamela Capizzi, head of the Burundi program at TRIAL International: “So, we have built our training around topics which will be useful to each Bar, including the documentation of international crimes, such as arbitrary detention and sexual violence.”

Towards a regional strategy in the Great Lakes

This training session marks the first step in TRIAL International’s new cross-border approach in the region. In the future, the organization is to lead more and more joint projects, even extending its action to other countries in the area.

The training session is also an opportunity to reinforce the regional dialogue between the lawyers themselves. “Our approach is based on consolidating skills, in other words giving local partners the tools to drive change themselves”, explains Daniele Perissi, head of TRIAL International’s DRC program, noting: “In this sense, building a cross-border network of lawyers who know each other and share their good practices helps ensure the sustainability of our action on the ground.”

The training brought together 80 lawyers, equally representing the Bar Associations of Goma, Bukavu, Bujumbura and Rwanda, with a significant number of female lawyers. “Through this training session, TRIAL International has offered GLAB a great opportunity, realizing one of its objectives, namely the creation of a framework, based on the sharing and exchange of legal knowledge, aimed at promoting the respect and application of law in the region”, affirms Abel Ntumba, President of the Bar of Goma and President of GLAB.

Watch the report on the training session (in French):

Former Bosnian Serb policeman Dragan Janjić was found guilty of rape and sentenced to 7 years in prison for Crimes against Humanity. He had been charged with rape and sexual abuse of a woman, as well as with encouraging unlawful imprisonments of other Bosniak civilians. The facts go back to 1992, during the widespread and systematic attacks of the Republika Srpska’s army, paramilitary and police forces in Foča Municipality. Dragan Janjić took the woman and her family, and brought them to the police station in Miljevina (near Foča). Separating them, he took her to another room under threat, where he raped and sexually abused her.

In addition to the prison sentence, the Court of Bosnia and Herzegovina ordered Janjić to pay BAM 15,000 (EUR 7,588.22) to the victim as compensation for her physical and mental suffering. TRIAL International, which has been providing legal assistance to the victim since 2014, welcomes this decision.

“We remain committed to the goal of seeing every instance of conflict-related sexual violence being punished. This verdict is an additional confirmation that the work against impunity is worth fighting,” says Adrijana Hanušić Bećirović Senior Legal Advisor of TRIAL International.

Dragan Janjić is the sixth defendant successfully convicted for wartime sexual assault (with one more defendant on trial) thanks to the long-lasting and persistent efforts of the TRIAL International team in Bosnia and Herzegovina in the fight against impunity for atrocities committed during the 1992-1995 war. Furthermore, TRIAL International paved the way for compensation for victims in criminal proceedings in 2015. Since then, victims of conflict-related sexual violence received compensations in nine different cases.

Today’s victory does not mean that the fight against impunity for war crimes is over. “TRIAL International remains dedicated to its work on enhancing the rights of war survivors, including the fight against impunity as one of the most important aspects,” says Selma Korjenić Head of BiH Program of TRIAL International.

In 2016, TRIAL International successfully introduced an amendment to the State Law on Free Legal Aid which led to implementation of free legal aid by the Ministry of Justice of Bosnia and Herzegovina in compensation claims. The victim in the Janjić case was the first to benefit from this free aid.

What does it mean to be a woman in the Democratic Republic of Congo? What does everyday life of a human rights defender look like? Our colleague Ghislaine Bisimwa recounts her situation in Bukavu, the capital of South Kivu.

The context in Eastern DRC is tense in this pre-electoral period. These tensions are compounded by structural difficulties: for a large part of the population, access to food, health, education or even drinking water and electricity is difficult.

In the most remote areas of Bukavu, insecurity is at its height – and women and girls are the first victims. They are exposed to rape, for example when they go and collect water at nightfall.

Structural inequalities fuelled by retrograde stereotypes

Gender inequalities and discrimination against women are everywhere. Congolese women have integrated from an early age that they are worth less than men. Retrograde customs and stereotypes persist and continue to deprive women of access to health, education and even their heritage.

When it comes to civil and political rights, the population has been educated not to trust a woman. Even when one of them tries to run for office or an important position, she is often discouraged by her peers and by men.

Women open up more easily to another woman

In my work, being a woman also has advantages. My relations with victims are facilitated, especially those who have experienced sexual and gender-based violence, most of whom are women. In our investigative work, for example, they open up more easily to me. Sometimes they even use words that touch their intimacy, which they would not use in front of a man.

This is the part of my work that I like most: In the trial preparation phase, when victims confide in me, I harbor the hope that they will soon have their rights restored.