Author: Communication Department

The decade-long Nepalese civil war left an open wound. Those who try to break the silence on human rights violations committed between 1996 and 2006 tread on thin ice, as the authorities often tries to cover up its controversial past. Lenin Bista, a former child soldier, experienced this first hand.

Lenin had been invited to speak at a congress on social reintegration of youths who have lived in conflict zones. As he tried to board his flight, he was denied access to the plane on the grounds that he had been “partially blacklisted” since the very morning. He was told by the customs officer that “he had not received permission or recommendation from the competent authority to participate in the program”. There is no law requiring a Nepalese citizen to have official permission to travel abroad.

Lenin Bista, 27, is fighting -with the organization he has founded- for the social reintegration of former Maoist child soldiers. Many of them remained on the sidelines at the end of the civil war, following the government’s refusal to honor its promise and integrate them into society through employment. TRIAL International met Lenin Bista.

TRIAL International: What prompted the Nepalese authorities to issue a travel ban against you?
Lenin Bista: I am a Maoist veteran and a former child soldier. I have been speaking on the issue of child soldiers for the last seven or eight years. This has been hard to accept for the Nepalese leaders, since they too are former belligerents. The government tried to silence me several times by kidnapping and jailing me. I suppose they prevented me from leaving the country for fear that I would raise the issue of child soldiers at an international forum. They do not want this issue to be discussed outside the country.

You were supposed to attend a workshop on peace-building processes for youth in conflict areas. Do you think the government has tried to silence you?
The travel ban is a very clear indication that the government does not want this topic to be discussed abroad. They did not even make the effort to give a credible explanation. This is how determined they are.

A travel ban is a clear violation of your freedom of movement, as well as your freedom of expression. How would you describe the situation of human rights in Nepal?
The government wants to make everyone believe that the peace process has been successfully completed. It pressures all NGOs that argue otherwise. There are still many problems in the way the government is addressing the transitional justice process, but authorities are reluctant to address them. I think they are trying to use my case as an example. It sends an indirect threat to all those who want to publicly raise their voices demanding justice. Unfortunately, despite the fact that the armed conflict ended twelve years ago, I think that the situation of human rights in Nepal is very worrying.

In partnership with the Philip Kirsch Institute and the Canadian Centre for International Justice.

Joseph Rikhof is the editor of the Philippe Kirsch Institute’s Global Justice Journal. He interviewed Terry Beitner, General Counsel and Director of Canada’s Crimes Against Humanity and War Crimes Section of the Department of Justice Canada about the work done by his Section.

 

JR: What is Canada’s War Crimes Unit and what do you do?

Firstly, the official name is the Crimes Against Humanity and War Crimes Section located in Ottawa at the Department of Justice Canada. Let’s call it the “unit”. The unit was created over thirty years ago.

We work with our partners within the Crimes Against Humanity and War Crimes Program to investigate allegations that there are war criminals in Canada. Our partners are the Canadian Border Services Agency, Immigration Refugees and Citizenship Canada and the Royal Canadian Mounted Police.

JR: How are investigations in war crimes cases conducted?

Whether the case is an alleged fraudulent acquisition of immigration status leading to revocation of citizenship or a criminal matter, the process begins with a legal and political/historical analysis of the armed conflict during which the events are said to have occurred. Although the presence of an armed conflict is not required for certain international crimes treated by the Program (namely, crimes against humanity), history shows that an armed conflict of some sort is usually in play. Therefore, an analysis of the conflict is critical to understanding the intentions of the parties involved in these international crimes. The analysis will also provide the context of the situation to determine whether the specific crimes at issue may be connected to the armed conflict or if the conduct was part of a widespread or systematic attack against civilians. The historical analysis is therefore critical to make out the legal elements of the offenses in question. Once the contextual analysis is complete, in the ideal scenario, investigators then put together an investigative plan to secure physical and documentary evidence in addition to witness testimony.

JR: These investigations must be expensive because the events have taken place outside of Canada. Why should we care about events that have happened so far away and in some cases very long ago?

Canada, like many countries, has a zero tolerance for the presence of war criminals in our country. Our policy is called the “No Safe Haven” policy. Canada will not be a safe haven for anyone against whom there are reasonable grounds to believe that they may have been involved in crimes against humanity, war crimes, or genocide.

JR: Do you have any interesting files that you can discuss publically?

We have several files that are currently before the Federal Court of Canada. One matter is a long running World War Two case and the other three are cases that arise out of more recent conflicts. For example, one matter concerns allegations of participation in crimes against humanity in Guatemala, during an event known as the Las Dos Erres massacre that took place in 1982. The other ongoing cases concern allegations of participation in atrocities committed in Bosnia during the war that followed the break-up of the former Yugoslavia.

Read Terry Beitner’s full interview on the Philip Kirsch Institute website

 

On Friday 21 September, a military tribunal in Bukavu (Democratic Republic of the Congo) condemned two high-ranking commanders for murder and torture constituting crimes against humanity. Video footage was submitted to the proceedings as incriminating evidence – an all-time first in DRC. The NGOs TRIAL International, eyeWitness to Atrocities and WITNESS, which have worked jointly on the case, salute this step towards accountability in Eastern DRC.

Justice has triumphed in Bukavu, where two commanders of the rebel militia called the Democratic Forces for the Liberation of Rwanda (FDLR) have received life sentences for murder and torture, both constituting crimes against humanity, as well as pillage and arson. All 100 victims party to the proceedings have been awarded reparations ranging from 5,000 USD to 25,000 USD.

In 2012, the villages of Kamananga and Lumenje (South Kivu) were the theatre of barbarous attacks by the FDLR. Alleging the villagers’ support to a rival local militia, militiamen led by commanders Gilbert Ndayambaje (alias Rafiki Castro) and Evariste Nizeimana (alias Kizito) looted both villages, killed and tortured civilians and burned buildings to the ground.

Read more about the case

“We are delighted with this verdict” says Daniele Perissi, Head of the DRC program at TRIAL International. “Impunity in DRC is rampant, including among armed groups’ commanders. This sends a strong warning signal to anyone committing abuses who might think their military power places them above the law.”

Videos shown as evidence for the first time in DRC 

This success is the result of a close cooperation between many actors, among which three NGOs: TRIAL International, whose mandate is to fight impunity for international crimes; WITNESS, which specializes in the use of video to defend human rights; and eyeWitness to Atrocities, which has developed a unique tool to record, file and verify videos used in judiciary proceedings. Together, they assisted the victims’ lawyers in collecting the strongest incriminating evidence, including verified video footage and photos – a first in the Congolese judiciary.

Isabelle Myabe, Program Manager at WITNESS, explains: “As part of the investigative process, we trained lawyers working on the case in the best practices of capturing and preserving video as evidence. During a fact-finding mission in July 2017, one of the lawyers documented evidence of mass graves in the targeted villages. An extract of this video was presented in the trial.”

In order to be admissible in court, the collected material had to go through a rigorous verification procedure, to ensure there had not been any tampering.

“During the investigatory missions, information was collected with the eyeWitness app to strengthen the evidentiary value of the footage presented in court”, says Wendy Betts, Project Director ateyeWitness to Atrocities. “The app allows photos and video to be captured with information that can firstly verify when and where the footage was taken, and secondly can confirm that the footage was not altered. The transmission protocols and secure server system set up by eyeWitness create a chain of custody that allows this information to be presented in court.”

Learn more about the use of audiovisual as evidence

“The atmosphere in court switched dramatically”

On the base of the collected evidence, TRIAL International assisted the victims’ lawyers to build their legal strategy.

“When the footage was shown, the atmosphere in court switched dramatically” testifies Guy Mushiata, DRC Human Rights Coordinator for TRIAL International. “Images are a powerful tool to convey the crimes’ brutality and the level of violence the victims have suffered.”

TRIAL International, eyeWitness to Atrocities and WITNESS hope that this double condemnation will prompt other lawyers to use audiovisual evidence in criminal proceedings. They will continue to collaborate to help disseminate this practice in Eastern DRC.

 

TRIAL International’s on this case has been conducted in the framework of the Task Force for International Criminal Justice, 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.

The work of TRIAL International on mass crimes cases in DRC would not be possible without the support of the British Foreign and Commonwealth Office, the Swiss Federal Department of Foreign Affairs and the Belgian Development Cooperation.

In December 2015, in Burundi, unidentified armed individuals carried out attacks on four military bases, in and around Bujumbura.

Following these attacks, the law enforcement authorities conducted an unprecedented repressive campaign in several opposition-affiliated neighborhoods. According to certain estimates, approximately 160 people were reportedly killed and many people were victims of arbitrary arrests, torture and rape.

The day after the attacks, Christian (real name withheld) was arrested by a group of police officers and forcibly taken into a NIS (National Intelligence Service) van.

A few days later, Christian’s lifeless body was found. His remains showed numerous marks of abuse and several bullet holes.

 

Proceedings

Christian’s relatives, despite the fear of reprisals, alerted the authorities even before his body had been found. Although no written complaints were filed, a case was opened by the authorities.

However, more than two years after the events, no effective investigation has been initiated and no investigative action has been undertaken.

Thus, despite the mobilization of many actors and wide media coverage, the case remains blocked and the perpetrators of these atrocities continue to benefit from total impunity.

Unfortunately, it is too late to help Christian. But the suffering inflicted upon his relatives as a result of his execution can still be alleviated if justice is done.

As a result of the human rights violations committed against Christian and his family, TRIAL International has brought the matter before an international body.

In early 2018, the case was declared admissible. The procedure is currently underway.

 

In the summer of 2015, Pascal (real name withheld) received numerous alarming calls informing him that he was actively being sought by the Burundian police.

Since April 2015, the upsurge in insecurity in Burundi has led to multiple serious human rights violations within a context of total impunity.

The United Nations estimates that within a year, between April 2015 and April 2016, there were 348 cases of extrajudicial executions, 36 cases of enforced disappearances, 3477 arbitrary arrests and 651 cases of torture.

In this context, Pascal requested information from a state agent to shed light on his situation. The latter assured him that he was not the subject of any proceedings.

However, in the days following this exchange, Pascal was arrested by a group of heavily armed police officers and forcibly taken to an unknown destination.

A few days later, Pascal’s body was found lifeless. His remains showed several bullet holes.

 

Proceedings

In addition to the referral to several human rights organizations, Pascal’s family filed a complaint to the authorities.

However, almost three years after the events, no effective investigation has been initiated and no investigative action has been undertaken.

Thus, despite the involvement of many actors and wide media coverage, the case remains blocked and the perpetrators of these atrocities continue to benefit from total impunity.

Due to the inertia of national justice, TRIAL International has brought the matter before an international body.

The procedure is currently underway.

 

In April 2015 in Burundi, many people took to the streets to demonstrate against the renewal of President Pierre Nkurunziza’s mandate.

A few months later, unidentified armed men carried out attacks on several military camps. These attacks, considered as a turning point in the Burundian crisis, triggered a repressive campaign of unprecedented scale in several opposition-affiliated neighborhoods.

In this context, Sam (real name withheld), an opposition member involved in the anti-third-term protests, was violently arrested by a group of police officers. After being beaten up and harshly interrogated, Sam was forcibly taken into a police van.

Sam was seen one last time after his abduction, tied up in a police vehicle. He was covered in blood and the marks of the abuse that had suffered were still visible.

 

Proceedings

Promptly alerted about Sam’s disappearance, one of his relatives undertook numerous efforts to find him. Unfortunately, his searches were unsuccessful.

Worse still, Sam’s relative began to receive multiple threats and had to cut short the efforts he had initiated.

More than two years after the events, and despite the fact that the authorities have been informed of Sam’s disappearance, no investigation has been initiated and no investigative action has been undertaken. As a result, Sam is still reported missing and the perpetrators of these atrocities remain unpunished.

Sam’s situation, which continues to be outside the scope of the protection of the law, is extremely worrying as there are no means to ensure his safety.

In view of these circumstances, TRIAL International has brought the matter before an international body.

The procedure is currently underway.

 

On 5 September 2018, the UN Commission of Inquiry on Burundi (CoI) released its second – and possibly final – set of conclusions. Head of Program Pamela Capizzi walks us through its main findings. 

 

What was the overall tone of the CoI’s conclusions?

Pamela Capizzi: For one more year, the Commission of Inquiry painted a grim picture of the human rights situation in Burundi. From the first paragraphs, it underlined that the violent trend initiated in 2015 had persisted throughout 2017 and 2018.  It also reiterated from the onset the Burundi authorities’ lack of cooperation.

Sadly, neither findings come as a surprise: Burundi has gradually cut all ties with the international community and there has been no sign of violence subsiding. The run-up to the May referendum, in particular, has been ripe with abuse and intimidations.

 

The conclusions mention the role of the Imbonerakure, the ruling party’s youth league…

That the Imbonerakure take part in the violence has been an ongoing claim since 2015. What is interesting is that the report finds they are “in collusion with formal and informal structures of State repression” and “are acknowledged to play a role in the security apparatus”. In other words, the authorities have organizational ties, if not even control, over the Imbonerakure’s acts (para 21-22). This is important because the Burundian State could then be held accountable for the violations perpetrated by the Imbonerakure.

But the obligations of the Burundian State go beyond its agents’ conduct. It also has a responsibility to protect its population against all harm, regardless of where it comes from. Failing to punish the alleged authors of violence is also an infringement to the country’s international obligations. Going even further, the Commission noted that “by not taking action (…) the Burundian State is encouraging the repeated commission of human rights violations and abuse.” (para. 28)

 

Does the Commission address the more deep-rooted factors enabling the persistence of the human rights crisis? 

The derelict state of the judiciary is mentioned in the conclusions – examples include the arbitrary appointment of judges, the courts’ lack of financial independence and regular political interference in sensitive cases (para. 62). Without credible accountability mechanisms, it is unsurprising that lawlessness and impunity proliferate.

Judicial dysfunction has been going on for years, prompting TRIAL International to orient its litigation strategy to international bodies. Of course, the principle of subsidiarity still applies, but our team now relies on UN bodies more than on domestic institutions to recognize the harm done to victims. For the same reason, we have intensified our trainings to Burundian lawyers on international mechanisms.

 

What will become of these conclusions now?

The Commission presented these conclusions as its 2-year mandate draws to an end – officially on 20 September 2018. Its confirmation that large-scale human rights abuse is ongoing in Burundi makes it absolutely crucial for the Human Rights Council to renew the CoI’s mandate.

In parallel, the international community must continue to pressure Burundi into setting up an independent and efficient judiciary. Moreover, as recommended by the Commission, the Government of Burundi must establish ad hoc mechanisms with a mandate to investigate human rights violations and to prosecute perpetrators of international crimes. Only then do rampant abuse have a chance of being prosecuted and, ultimately, of dying out.

 

This interview was conducted on the base of the CoI’s abridged report issued on 5 September 2018. It will submit its report to the Human Rights Council during an interactive dialogue on Monday 17 September 2018. 

 

On August 31, President Jimmy Morales decided not to renew the mandate of the International Commission against Impunity in Guatemala (CICIG). This decision followed the opening of investigations against his son and brother for acts of corruption. The image of President Jimmy Morales surrounded by the military and police at the press conference evokes the memory of the military dictatorships during the dark years of the internal armed conflict.

TRIAL International signed a joint statement of European organizations, calling on the European Union and its Member States to demand that the state of Guatemala guarantees the necessary conditions for the CICIG to continue its work safely and independently.

Read the joint statement

Kamala Katwal was only 12 years old when her father was taken by the authorities – never to be seen again. As the eldest of her siblings and because her mother was illiterate, she took it upon herself to seek justice.

FIND OUT MORE

About this case
About the fight against enforced disappearance
About TRIAL International’s actions in Nepal

Sent to detention camps during the war, Ema and her husband were forcibly separated. 25 years later, she still hopes to find his remains and bury him with dignity. And to see the criminals punished for their deeds…

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About this case
About the fight against enforced disappearance
About TRIAL International’s actions in Bosnia and Herzegovina

How to mourn lost loved ones without their remains or date of death? For many families, the International Day of the Victims of Enforced Disappearances is an anniversary to remember them. Although 25 years have gone by since the end of the conflict, the wound is still very sore in Vogosca (Bosnia and Herzegovina).

The town of Vogosca does not look different from many others in Bosnia and Herzegovina. Surrounded by hills, its city center features a few shops and a small dilapidated bus station. A few trees and a monument honoring the war dead adorn the town square.

But the latter only commemorates those whose death has been confirmed, registered, and for whom the bodies were buried by their respective families. As painful as the loss may be, at least these families can find solace in the certainty of knowing the truth.

For there is another type of victim in Vogosca: disappeared people, who vanished without a trace. No one knows whether they are alive or dead, even if the lapse of time leaves little room for doubt.

 

A gaping wound

Ema Cekic saw her husband Salih for the last time in 1992, before the Serbian army forcefully disappeared him. Although she is now an elderly lady, the memories have remained intact: “The last time we saw each other, he placed his hand on my shoulder. At times, I can still sense that touch.”

The uncertainty surrounding the disappearances keeps the families in a unique kind of distress and hinders them from grieving. This is why enforced disappearance is a distinct crime from murder in international law.

“All I want is answers. I will fight until the truth comes out” says Ema. “I do not want my children and grandchildren to carry this burden. I want them to turn a new leaf and move on.”

 

Roses of remembrance

The memorial for the disappeared for in Vogosca is a few kilometers from the town center. One must leave the tarred road and follow a small dirt track to get there. A peaceful place by a river… that shrouds a sinister past.

“Two bodies were found in that stream” explains Ema. “We believe that other bodies were thrown there. On the 30^thof August, we cast roses in the water. It’s a tribute to the missing, but also a message to the criminals who still live among us: we know what they did and how they disposed of the bodies”.

Roses have become a symbol of remembrance for the families of the disappeared. “We have taken it upon ourselves to plant rose bushes for the memorial. We wanted the place to be beautiful, since it is the only monument that we can offer to our loved ones. In the summer when it gets hot, the families come together to water the roses. The young mow the lawn, then we hang around and drink coffee. As we converse near the rose bushes, it is a little bit as though we were speaking to our lost ones”.

As the years go by, the memories linger. Faced with the indifference of the authorities and a younger generation yearning to forget the conflict, Ema sometimes feels alone in her quest for the truth. But her determination is unwavering: “Each day, I get up and hope to find my husband. It is the only hope I have. I live for the day when I will finally find him and offer him a real burial.”

Watch the full testimony of Ema Cekic

On 23 August 2018, the South Kivu military tribunal opened a trial in the town of Kalehe against two leaders of the Democratic Forces for the Liberation of Rwanda (FDLR), an armed group that was operating in the area. The Court will have to decide whether commanders Kabumbre and Rafiki Castro were responsible for the bloody attacks that targeted two villages in South Kivu in May 2012. At the heart of a conflict between militia and armed forces, the survivors of the massacres, supported by TRIAL International, are demanding justice and reparation.

 

Lumenje and Kamananga, two villages affected by terror

On 5 May 2012, the FDLR attacked the village of Lumenje. 14 people were killed, several wounded. Houses, as well as a primary school were burned to the ground.

Nine days after the tragedy in Lumenje, the FDLR carried out a similar attack in the village of Kamananga. More than thirty people were killed, several wounded. Houses were looted and burned down.

 

Retaliation threats were found on the victims’ bodies

Following both dramatic attacks, a similar note signed by the commanders Castro, Sabimana, Cristophe, and Guillaume was found on the bodies of the victims. The note threatens to retaliate against the civilian population, accusing it of supporting a local militia, Raia Mutomboki.

 

Procedure

As part of the years-long investigation, 139 victims and witnesses testified.

The first investigation was completed by additional documentation missions undertaken between 2017 and 2018 with the joint expertise of TRIAL International, Witness and eyeWitness.

The collected audiovisual material was added to the evidence. If it is considered admissible, this could create an important precedent in terms of how documentation and investigations are handled in the DRC.

Learn more about the use of audiovisual as a means of proof

Evidence and testimonies collected identified the two defendants: Kabumbre and Rafiki Castro. Both are being held in Bukavu and are being prosecuted for war crimes and crimes against humanity.

 

Context

Following the Peace, Security and Development Conference in North and South Kivu, joint operations were carried out in 2008 by the Armed Forces of the Democratic Republic of Congo (FARDC) and the Rwandan army, against Democratic Forces of Liberation of Rwanda (FDLR). These operations generated strong tensions and the FDLR began to unload on the civilian population, particularly in response to clashes with the Raia Mutomboki. With several million direct and indirect victims since 1994, the conflict in the DRC is the deadliest since the end of the Second World War.