Author: Communication Department

How was TRIAL International created? Its founder and Director Philip Grant traces the genesis of the organization, which is intimately linked to his personal journey.

Militant from the beginning

I have always been active in the voluntary sector. At 17, I stumbled upon the Universal Declaration of Human Rights: it was a revelation. I saw black on white my deepest convictions about human dignity. I started to campaign for human rights, especially against apartheid in South Africa, which was the big fight of the time. After high school, the study of law appeared like the natural path to take.

10 years later, in the middle of my Ph.D., Pinochet was arrested in London for his crimes in Chile. This was the second major turning point: international justice became a reality and its scope potentially huge. This event reinforced my firm belief that law is a powerful lever for change.

But at the time, few NGOs were working in this area. Amnesty International, for example, denounced violations but did not name the perpetrators, let alone denounced them. No organization was filling this void at the time, so I decided to found my own organization against impunity in Switzerland.

The early years

A few weeks before the International Criminal Court (ICC) came into force, in 2002, I founded TRIAL with a handful of victims, campaigners and lawyers. Our aim was twofold: to raise public awareness of international justice and to put pressure on the authorities to arrest suspects present on Swiss soil.

From the moment TRIAL was created, I did not look back. We were witnessing a historic rise in international justice and I was convinced (I still am) of our added value in this fight.

Our first complaints were fairly symbolic and did not result in the opening of proceedings. But there was an undeniable interest from the media and the public and we received very encouraging signs that prompted us to persevere.

Interest in international cases

In the early years, there were several complaints against Algerian, Tunisian, Somali or Afghan suspects. The Swiss authorities, however, did not react much, so we turned to other countries. Bosnia and Herzegovina had been out of the conflict for over a decade, but legal procedures had been totally blocked: supranational avenues also existed, such as the European Court of Human Rights or the UN’s Human Rights Committee. Here again, we had the opportunity to open unexplored ways to give hope to the victims. That’s how the first TRIAL country program was created in 2007.

At about the same time, the Sperisen affair opened in Switzerland: this meant things were finally moving! We opened the Nepal  and Burundi programs in the process, and I became a full-time TRIAL employee, leaving my law firm for good.

An NGO in the capital of human rights

Geneva, where I live and work, was the ideal place to launch TRIAL: high dignitaries go there for diplomatic reasons, but also privately: the luxury, private schools and state-of-the-art clinics attract the powerful from all over the world.

A proof of this blending is that several times, victims of serious crimes find their aggressors in Switzerland! I remember a young Rwandan asylum seeker placed in the same center as Félicien Kabuga, one of the instigators of the 1994 genocide. This sometimes gives rise to real theatrical situations, like this activist from Western Sahara who in the middle of a lecture on the torture he faced, recognized his executioner in the audience!

Seeking added value

I created this organization because, as an individual, I always try to maximize my added value. Doing a job that another could do, that perpetuates an existing order, hardly interests me. And when the idea comes to life and works, it is a beautiful feeling.

I happen to be tired, of course. When a procedure is counted in a decade, it becomes easy to give up. But when I hear the story of the victims, the atrocities they have endured and their determination to fight, and especially when we win a trial and that justice is served, I tell myself that we are right to continue our action.

Philip Grant,  TRIAL International Director

@PhilipGrant40

Equatorial Guinea Legally Bound to “Prosecute or Extradite” Exiled Gambian Dictator

(Banjul, The Gambia, January 29, 2018) – Victims of the former Gambian government of Yahya Jammeh and their supporters reacted with indignation to a declaration by the president of Equatorial Guinea Teodoro Obiang Nguema that he would “protect” the exiled leader from justice.

“By what right can one dictator protect another from justice?” asked Baba Hydara, son of Deyda Hydara, editor of The Point newspaper who was murdered in 2004. “Those of us whose relatives were killed, who were tortured or raped in prison, who were shot for peacefully demonstrating, who were forced into Jammeh’s phony HIV ‘treatment’ program, have a right to justice that will not be denied, and we will fight however long it takes.”

Jammeh fled The Gambia in January 2017 for exile in Equatorial Guinea after losing December 2016 presidential elections to current president Adama Barrow.

In a January 17, 2018 interview with RFI and France 24, President Obiang said that he had given no guarantees of Jammeh’s immunity and would  “analyze any extradition request with [his] lawyers.”  However, after meeting with Guinea’s president Alpha Condé, who helped negotiate Jammeh’s departure from The Gambia, Obiang reversed himself on January 26 and said that he would reject any extradition request. “I totally agree with [Condé]. It is necessary to protect [Yahya Jammeh], he must be respected as a former head of state in Africa, because it is a guarantee that the other heads of state who must leave power will not be afraid of the harassment they may suffer later,” said Obiang.

In the meantime, President Barrow of The Gambia said in several press interviews on January 25 that he was “more than willing” to open discussions about Jammeh’s extradition if that course was recommended by Gambia’s Truth Reconciliation and Reparations Commission which has been established by legislation.

“Presidents Obiang and Condé have no right to usurp the decision of the Gambian people as to whether Jammeh’s alleged crimes should be prosecuted,“ said Madi Jobarteh,  Program Manager for the Association of NGOs in the Gambia (TANGO). ”The African Union and ECOWAS should support our demands for justice, as they did in the Hissène Habré case, and not stand in our way.”

The Campaign to Bring Yahya Jammeh and his Accomplices to Justice, which brings together Gambian victims and national and international rights groups, noted that that the 1984 UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Equatorial Guinea ratified in 2002, obliges states to either prosecute or extradite alleged torturers who enter its territory. On July 20, 2012, in a unanimous decision, the International Court of Justice ruled that, because of this “no safe haven” provision in the torture convention, Senegal was obliged to prosecute or extradite Chad’s former dictator Hissène Habré, who was put on trial shortly thereafter.

“By suggesting that once you have been a head of state you can never be prosecuted no matter what crimes you commit against your people, Obiang and Condé want to give rulers a blank check to murder and torture with complete impunity,” said Ayeesha Jammeh, whose father Haruna Jammeh, and his sister Marcie, cousins of Yahya Jammeh, were murdered  in 2005 after criticizing the former leader. “We Gambian victims won’t accept that and I’m sure no one in Africa will.”

Ironically, in his farewell speech as African Union president two days later, Alpha Condé announced that “we are no longer a trade union of heads of state who protect each other.”

In 22 years of autocratic rule, Jammeh’s government used killings, enforced disappearances, torture, intimidation, sexual violence, and arbitrary arrests to suppress dissent and preserve its grip on power. In one 2005 incident, over 50 migrants, including 44 from Ghana, were massacred by Jammeh’s security forces. Jammeh coerced some 9000 Gambians—the great majority of whom were living with HIV—into receiving his herbal remedies through a sham “Presidential Alternative Treatment Program.”

The Campaign said that it was seeking Jammeh’s extradition for trial in The Gambia, but understood that this could take several years as political, security and institutional concerns need to be addressed before Jammeh could get a fair trial that would help promote the rule of law in The Gambia.

“President Obiang, whose government continues to use torture, arbitrary arrests and extra judicial killings against its critics, cannot be allowed to hide behind the mantle of ‘African solidarity’ to deprive the people of The Gambia of justice,” said Tutu Alicante, head of EG Justice, the leading organization campaigning for human rights in Equatorial Guinea.

The groups participating in the Campaign include: The Gambia Center for Victims of Human Rights Violations, the Institute for Human Rights and Development in Africa, Article 19 West Africa, Coalition for Change in Gambia, TANGO, EG Justice (Equatorial Guinea), TRIAL International (Switzerland), Human Rights Watch,  Guernica 37 International Justice Chambers,  Aids-Free World and La Fondation pour l’égalité des chances en Afrique.  The Campaign’s Facebook page is https://www.facebook.com/Jammeh2Justice/

Ntumwa Maro, a warlord in the dock

Marocain is suspected of being one of the highest-ranking leaders of a group that killed, terrorized and enslaved the people of Kalehe, in a series of attacks carried out between 2005 and 2007.

The Mai Mai group led by Marocain, which raided the territory of Kalehe, has committed the most serious crimes against civilians: looting, fire, rape, torture, murder, slavery, etc.

The group was extremely well organized. Villagers who were not killed during the attacks were sometimes taken to a group headquarters in the middle of the forest. There, the victims were enslaved, imprisoned, and tortured.

The group was known for its barbaric practices: it tortured its prisoners and left them for dead, tied to a tree for days. They threw people into a pit called “ANDAKI” where they were tortured and subjected to degrading treatment…

Women and girls in particular were taken prisoner and reduced to sexual slavery. Some of them were also forced to take “husbands”. The situation lasted up to a year and a half for some.

“I was taken hostage by soldiers who gave me to one of them to become his wife. I was also tortured in a hole called ‘Andake’, says a victim who wishes to stay anonymous.

PROCEEDINGS

Ntumwa Maro was arrested in August 2014.

He has been prosecuted for crimes against humanity for rape, imprisonment, and other inhuman acts of a similar character, as well as for the war crimes of sexual slavery, looting, attack against civilian population and on buildings devoted to religion. He is also being prosecuted for participating in an insurgency.

He is criminally liable as a direct perpetrator for committing the crimes mentioned above individually, jointly or through other people. Indeed, around 50 victims and witnesses have reported abuses incriminating him personally, as well as militia acting under his command.

The defendant already admitted, in the Public Ministry’s report in 2014 and in 2016, taking part in several attacks carried out in different localities in the DRC.

For the first time in the DRC, TRIAL International has conducted DNA tests on the children of victims of sexual slavery born during their captivity.

The trial opened on 13 April 2018. 15 days later, the Military Court of South Kivu has condemned the Lieutenant-Colonel Maro Ntumwa to 20 years imprisonment for having organized or authorized war crimes and crimes against humanity.

On 12 June 2018, the appeal hearings were initiated in Bukavu before the Congolese Military High Court.

Read more about the proceedings

CONTEXT

Between 2005 and 2007, in the Kalehe territory, the armed Mai-Mai group, led in part by Marocain, carried out a series of attacks on the civilian population.

Owing to the level of organization of the group and its fighting power, the Congolese army was forced to retreat from the territory, leaving the civilian population without any protection from the group’s attacks. It was not until 2007 that the Armed Forces of the Democratic Republic of the Congo (FARDC) managed to regain possession of the lost territory and to liberate the villages and their inhabitants.

Originally, in the 1980s, the Mai-Mai phenomenon referred to self-defense movements developed within the civilian population to defend its territories from armed groups. However, the phenomenon has changed and some of these groups are now responsible for serious violations committed with impunity against the civilian population.

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.

Watch the testimony of a victim

Despite threats and intimidations on behalf of those whom they disturb, the Congolese actors stood firm. Attorney Charles Cubaka Cicura is the spokesperson for the plaintiffs’ lawyers in the Kavumu trial. He gives us his account of the facts.

Can you tell us how the Kavumu case started?

The local actors are at the origin of the file because they are the ones who did the lobbying so the state and other international partners would get involved in the case. They are also the ones standing alongside victims of human rights violations. The situation is often too dangerous for victims to denounce their aggressors themselves because the risk of reprisal is too great. Therefore, the local actors take responsibility for denouncing and documenting the violations with which they are confronted.

In the DRC, we face multiple challenges with respect to investigations, logistical and financial means, transportation…This is why I believe that a collaboration with several partners is a step toward the success of a trial.

 How serious were the threats against the witnesses during the trial?

The threats were very real. Several people had already been killed by Jeshi La Yesu (Jesus’ Army), Mr. Batumike’s militia. Men and women testified covered from head to toe. It was necessary because troublesome witnesses were being systematically executed. The murder of human rights defender Evariste Kasali Mbogo, who denounced the Kavumu crimes, is proof of that. But there were many others…
Nevertheless, some people testified undisguised and I fear for their safety.

 What about your safety? Did you feel that you were in danger at any time during the investigation or trial?

During the trial, we were primarily concerned that the militiamen would kick us out of the hotel where we were sleeping. But thank God that did not happen.

Being a lawyer is always risky. One never knows where the danger will come from. Before Kavumu, I had already been the target of several threats. But I stand firm and I have to accept the risks of the job. Ever since childhood, I have hated impunity and injustice. That is why I decided to become a lawyer – to do my part in the fight against impunity.

The defence lawyers used a few “dilatory” tactics during the trial. How did you and the other plaintiffs’ lawyers react to these setbacks?

Within the collective of plaintiffs’ lawyers, we reacted every time by relying on the legal texts in order to cut these manoeuvres short. We benefited from the support of TRIAL International, especially on the legal front.

Batumike did not want the trial to take place and for the truth to be revealed. He wanted to preserve his immunity as provincial deputy at all costs, in order to continue receiving his wages. It seemed unimaginable to him that his constituents discover his criminal acts.

 Are you, and the victims, satisfied with the verdict?

We were satisfied with the verdict. Now we must work to ensure that the victims receive material reparations. The torturers were ordered to pay damages but I am disappointed that the reparation amounts were not in proportion to the harm. 5000 USD for each victim cannot repair the harm suffered. There is still the problem of recovering these funds because most of the defendants do not have the means to give this money to the victims…

 What does this decision represent for the fight against impunity in the DRC?

Overall, this was an important day for the fight against impunity in the DRC. People who thought they were untouchable because of their social standing learned that respect for the rule of law applies to everyone. Moreover, the trial gave the offenders and those who might follow in their footsteps good reasons to pull back.

Of course, the number of crimes remains enormous and the road ahead is long. But if every time, we fight to repress the perpetrators of these crimes, we will have helped lower the rate of impunity and thousands of people will access justice.

Profile of Attorney Charles Cubaka Cicura

After his university studies, Attorney Charles Cubaka Cicura completed several trainings on international criminal justice with Lawyers without Borders. Through TRIAL International, he completed trainings on representing victims of grave crimes before Congolese jurisdictions and regional and international human rights protection mechanisms.

Attorney Cubaka Cicura was then able to bring his skills to bear in several cases. These include the cases of Serge Maheshe – a Radio Okapi journalist murdered in Bukavu in 2007; the case of Colonel Kibibi, a commander of the Armed Forces of the DRC (FARDC), convicted in 2011 of crimes against humanity; the case of warlord Kizima Sabin Lenine, sentenced in 2014 to life in prison for crimes against humanity; and the case of Colonel Becker in 2017.

Attorney Cubaka Cicura now wears two hats: lawyer practising in Bukavu, since 2006, and Supervisory Instructor at the Official University of Bukavu.

Mr George Weah was elected President of the Republic of Liberia on 26 December 2017. It is the first time, since the end of the second civil war in 2003, that the people were able to vote freely and without surveillance from the United Nations (UN) blue helmets.

In an open-letter, 19 Human Rights organizations ask President Weah to take advantage of this historic moment to investigate war-era crimes and put an end to the impunity enjoyed by war criminals.

The first and second civil war in Liberia took the life of hundreds of thousands of individuals and displaced many more. Grave crimes including torture, sexual slavery and infamous massacres took place during these dark periods. But perpetrators have yet to be prosecuted in the country. Today, Mr George Weah has the opportunity to pave the way for justice and accountability in Liberia.

Dear President Weah:

Your election and the peaceful transition of power in Liberia is a historic moment for your nation. During the campaign, you referenced your “clean slate” of never being involved in Liberia’s civil wars. We urge you to seize this moment and the goodwill you have generated to finally bring justice and accountability to the countless victims of Liberia’s fourteen-year armed conflict.

The undersigned human rights organizations encourage your administration to fulfill Liberia’s obligations to investigate and prosecute wartime atrocities. The establishment of the Liberian Truth and Reconciliation Commission (TRC) was an important start. The prosecution of former United Liberation Movement of Liberia for Democracy (ULIMO) commander Mohammed Jabbateh, convicted in a U.S. court for immigration crimes related to his alleged wartime atrocities, shows that justice for civil war victims is indeed possible. This year may also see the trials of former Defense Minister of Charles Taylor’s National Patriotic Front of Liberia (NPFL), Tom Woewiyu, in the United States; NPFL Commander Martina Johnson in Belgium; ULIMO Commander Alieu Kosiah in Switzerland; and Agnes Reeves Taylor in the United Kingdom.

You now have the opportunity to ensure justice for those who suffered some of the most serious crimes of the first and second civil wars.  These crimes, which include summary executions, torture, rape, sexual slavery, and the use and recruitment of child soldiers, not to mention mass atrocities, such as the massacres at  Carter Camp and St. Peter’s Lutheran Church, where hundreds of innocent civilians were killed in a single night, cannot go unpunished. Despite Liberia’s legal obligations under international humanitarian law to investigate and prosecute perpetrators and the TRC’s recommendation to do so, Liberia has yet to hold a single person to account for these crimes.

We urge you to make accountability a priority for your administration and ensure the protection of Liberian human rights defenders, particularly those working on accountability initiatives. By addressing the problems of impunity in Liberia, and holding the perpetrators of civil- war-era crimes accountable, you are in a position to give the people of Liberia – the people who put you in office – the justice they deserve.

Sincerely,

The Advocates for Human Rights
The Africa Center for International Law and Accountability
Africa Legal Aid (AFLA)
Amnesty International
Canadian Centre for International Justice
Centre for Accountability and Rule of Law
Center for Justice and Accountability
Civitas Maxima
EG Justice
FOCUS Liberia
The Global Justice and Research Project (GJRP)
Human Rights Center, University of California, Berkeley School of Law
Human Rights Watch
Justice and Peace Commission, Catholic Diocese of Gbarnga
Liberia Massacre Survivors Association
REDRESS
Rescue Alternatives Liberia (RAL)
The Southern African Centre for the Constructive Resolution of Disputes (SACCORD)
TRIAL International

When it comes to the topic of sexual violence, in Bosnia and Herzegovina (BiH) and other parts of the world, blame and shame is often shifted onto the victims instead of the perpetrators. This negative pattern is visible during the trials, additionally re-traumatizing and stigmatizing victims.

Rape myths

Over 20 000 women were raped during the war in BiH. The exact number of male victims is still unknown. The prevalence of sexual violence myths in criminal proceedings adds to their ordeal.

Rape myths surrounding promiscuity emerge, for example, when sexual violence victims are questioned during hearings about their way of life and/or sexual experience.

Other rape myths relay on archaic attitudes that some victims of sexual violence did not “fight back” hard enough. These stereotypes ignore the fact that in many incidents of sexual violence, the victim is paralyzed by fear and can barely even move.

Finally, the credibility and shame myths suggest that victims are lying about the sexual violence incident and that victims, not the perpetrators should feel shame.

Although judges and prosecutors should take extra care when asking questions about victims’ experiences stigma is sometimes so deeply embedded in society that people do not realize their questions or remarks can be hurtful.

Avoiding stigmatization in court 

Rape myths must be addressed in order to prevent the stigmatization of women who have found the courage to speak up about the assaults they have experienced.

When these victims make it to court, they should feel that the judicial authorities are there to support them, not shame or blame them.

“Raising awareness about the insidious ways that stigmatization manifests itself in the courtroom is key to combating rape myths,” said Kyle Delbyck, a consultant for TRIAL International BiH program, and author of a report* on the topic. “Survivors have already gone through so much and this report is good first step to making it easier for victims to participate in legal proceedings and obtain the redress they are due.”

One of the many solutions presented in the report is providing victims with information about the type of personal questions they will be expected to answer during the hearings.

Bringing this prospect to their attention enables them to recognize if some of the defense’s questions are out of line and, correspondingly, to give the most accurate testimony possible.

Furthermore, knowing about the proceedings will make victims less nervous and more confident in recounting what happened to them. They will be aware of their right to, for example, ask for a break at any time if the court hearing is too upsetting.

Advocacy’s considerable scope

In 2017, the Principles for Global Action, a guide to preventing and addressing stigma associated with conflict related sexual violence, was launched by the United Nations and UK government. TRIAL International’s report is a contribution to the process of tackling the stigma of conflict-related sexual violence on global level.

Transitional justice in BiH has seen immense improvements over the years. But many struggles remain for wartime victims. From the issue of  stigmatization raised in this report; to the imposition of court fees when victims’ claims are dismissed; to the uneven implementation of free legal aid. Victims’ access to justice will depend on sustained advocacy campaigns in many different spheres.

“Awareness raising of judicial actors and of general public is key in this long-term struggle,” said Adisa Fišić Barukčija, Legal and Communications Officer of BIH program at TRIAL International.

*The report was developed as part of a project supported by the UK Government

Before destiny led him to the victims of Kavumu, Georges Kuzma, police and justice expert consultant for Physicians for Human Rights (PHR), investigated terrorism cases and crimes committed around the globe. In spite of his previous experience, this case has left a lasting impression on him.

In May 2013, you received a mandate from PHR to assist experts from South Kivu in the cases of sexual violence linked to the DRC conflit. How and when did you begin to notice the magnitude of these crimes?

My mandate was to enhance the capabilities of health practitioners, investigators and lawyers in the conduct of investigations and the documentation of sexual violence in conflict situations.

The general hospital of Panzi was one of my foremost health partners, and was in charge of this issue in the eastern part of the DRC. From June 2013, we identified a series of sexual crimes affecting the targeted population; the little girls in the village of Kavumu and its vicinity.

The crimes identified in 2013 led to two convictions. However, at this time, the seriality of these crimes had not become apparent. On a subconscious level, we could not even fathom the horrors that would ensue… until March 2014. Over a period of one month, seven new crimes were reported, erasing any lingering doubts that may have persisted. Tragically, from 2013 to 2016, 46 young girls were subjected to the same modus operandi.

In addition to the painstaking and meticulous work done by the Congolese doctors and investigators with the help of PHR and TRIAL International, more had to be done to convince judicial authorities that these were not isolated and unrelated cases, but rather a single case. It was indicative of a classification in criminal law broaching on the elements of international crimes.

Over the course of months, collaboration between local and international actors was established. How did TRIAL International become involved?

Since the beginning of 2015, the investigations on the crimes committed in Kavumu had become my major preoccupation and were becoming more and more complex. Daniele Perissi of TRIAL International contacted one of our colleagues at PHR who explained the Kavumu issue. At the end of the meeting, Daniele said: “I think we can help you”.

This investigation, undertaken in extreme circumstances, due to the complex and recurring nature of these crimes, required that international experts step in to enhance the process. They buttressed the local experts by applying methodologies and complementary techniques. All the people and organisations that participated had to work in unison to turn back the tide of impunity.

You have extensive experience in criminal cases. What are the striking features in the Kavumu case?

The case is unique in many ways due to its legal and technical intricacies, but its emotional toll was profoundly unsettling. I could never wipe away the memory of the grief-stricken faces of these young girls who had been deeply hurt. One must realize that the majority of these victims are still alive and have to rebuild a future upon these wounds.

The anguish of their loved ones is palpable, as is their disbelief regarding their loved ones in this situation which affects the entire Kavumu community. The tension was unmistakable the day the case began, thousands of people showed up. Both the families of the victims and defendants have been very attentive to the proceedings and to the description of the facts.

Each revelation, each statement was anticipated, scrutinized and judged by a curious and focused crowd. The population expected it and yearned for restoration after these odious crimes.

You have worked in the DRC for a very long time, a country that is notorious for its sexual violence. Have you seen any improvement on a judicial level?

The DRC has a troubled past, the bodies and souls of the Congolese have been deeply and enduringly scared. But since my first mission in the country eight years ago, I have seen a lot of progress in the investigations and the sentencing of cases involving sexual violence.

Impunity is still very present and the capabilities of investigators, lawyers and health workers must be reinforced for a holistic approach on sexual violence. Priority must be given to the victims’ right to compensation and to the ability to live in safety, dignity and liberty.

Bukavu / Geneva / New York, December 13, 2017.  In an extraordinary and landmark ruling, 11 Congolese militia members, were convicted today of crimes against humanity for murder and the rape of 37 young children. The verdict represents a stunning victory for the victims, their families, their community of Kavumu, where the crimes occurred, for the wide array of organizations that mobilized around them, and also for justice in the DRC.

Amidst heavy security, and following 17 days of hearings and more than a dozen witnesses who testified in this historic trial, the court of Bukavu, which deployed to a “mobile court” in Kavumu, ruled that the men constituted an armed group that had carried out the rapes under the leadership of the lawmaker, Frederic Batumike.

This was the first time that a sitting government official in the Congo was found guilty of superior responsibility for crimes he and his militia, whom he controlled and financed, committed. The 11 accused who were found guilty of sexual violence, including Batumike, were all condemned to life imprisonment.

In addition to the crimes of rape of young girls, the militia members were convicted of membership in an armed group, and murder of individuals who had criticized the militia’s activities.

Victims and families are “relieved”

Today’s decision marks a major victory in the marathon effort for the victims and their families. Long ignored by local authorities, it wasn’t until 2016 – three years after the first attacks – that they were able to imagine the possibility of prosecution and conviction of those responsible for these crimes.

Today, after years of living in fear of new attacks, survivors and their families indicated that they were relieved and satisfied by the verdict, which marks the end of impunity for these crimes in the village.

“This verdict is a relief for the victims and their families. Following years of silence, motivated by fear and denial, their suffering has been brought to light and recognized publicly. The long road ahead for the recovery of these young girls can now proceed,” explained Charles Cubaka, the spokesperson for the lawyers representing the victims.

This rehabilitation will be facilitated by the 5’000 USD reparation granted to each victim of sexual violence. The families of the murdered individuals have each been granted a 15’000 USD compensation.

An historic moment

The Kavumu trial represents an historic moment in the struggle against impunity for sexual violence in the DRC. First, the systematic method of the attacks allowed for their prosecution as crimes against humanity. This case is also remarkable for the conviction of a sitting member of parliament, whose immunity was waived to stand trial, and for the protections the court permitted to shield the identities of witnesses and survivors. The case also represents an important precedent for submitting to court comprehensive medical-legal evidence collected in a rigorous, methodical, and scientific manner. Finally, the trial benefited from an historic collaboration among the families, representatives of civil society and NGOs, and local, national, and regional experts.

Numerous hurdles overcome during the trial

The Kavumu justice process faced repeated obstacles. The trial start-date was postponed numerous times, and hearing dates were uncertain up until the last minute. The defendants also utilized various delaying and diversionary tactics: assailing the credibility of the court, refuting witnesses, and, in the case of the parliamentarian, Frederic Batumike, repeated attempts to discredit the court. Batumike accused two of the judges of bias, which slowed down the trial for several days before his allegations were rejected. He spent the final days of the hearings in obstinate silence, refusing to cooperate with the court.

Despite these difficulties, the NGOs that provided technical support and followed the case closely noted the high quality of the hearings.

“The range of expertise and numerous forms of evidence presented in this case have exposed the militia and its hierarchy. The systematic nature of the crimes was crucial in order for them to be recognized as crimes against humanity,” explained Daniele Perissi, head of the DRC Program of the NGO TRIAL International.

Creating a precedent for other victims

“This trial demonstrated that justice can be served in the Congo, when an investigation is effectively carried out and evidence is methodically collected – even when the accused wield significant power and are highly organized. It is now the responsibility of Congolese authorities to ensure that such exemplary investigative and prosecutorial measures are adopted nationally to rigorously pursue other cases of sexual violence,” added Karen Naimer, director of the Program on Sexual Violence in Conflict Zones at the NGO Physicians for Human Rights.

Impunity for mass crimes remains the norm in the DRC due to the volatile security situation and the lack of judicial resources. Positive examples such as the Kavumu case are essential to delivering hope to those many victims still awaiting justice, affirmed both organizations.

Jacqueline Fall, an expert medical consultant for Physicians for Human Rights (PHR), has always worked with children and their families. Affected by the assaults committed in Kavumu, she joined the Congolese players working on the case to contribute to the psychological care brought to the young victims.

 
My 17 years of experience with children have been used to help the young victims of Kavumu. I work at Gonesse hospital, in the suburbs of Paris which is where I met a medical examiner from PHR. After attending my consultations, she asked if I would be interested in using my experience to help the young Kavumu victims. That is how I found myself joining the local players.

I have not been surprised by the details of the Kavumu case since sexual assaults on children are part of my everyday work. The distinctive aspect of this case, compared with those that I encounter, is the kidnappings and torture executed massively and systematically. Here, the crimes seem to have been committed as part of a defined plan. It is the serial nature of these assaults which contributes to the extremely complex character of the case.

I am of Senegalese origin and have now been living in France for 27 years. That is where I studied psychology. I have had a diverse career. First, I worked in a therapeutic and socio-educational association for children and adults victims of violence. Then, I worked in the maternity and pediatric psychiatry field, as well as working for a victim support service (UNAVI).

Building a trusting relationship

The psychologist that I am could not help being sensitive to the lack of care for these small victims who unfortunately do not have the capacity to face, alone, the instability caused by such trauma. The lack of psychological care and justice only increases their feeling of abandonment. It also calls into question the fundamental values ​​of fairness and solidarity to which they previously felt connected.

We have had to struggle against many issues. For example, the heavy security presence reminded the children that they could be threatened again. The language barrier was another difficulty: we needed translators throughout the interviews. This introduces a third person into the relationship, making it more difficult to establish a one-to-one relationship with the patient. Fortunately, our translator was a psychologist herself, which helped reduce some biases.

The more time passed between the events and the testimonies, the higher was the risk that patients, who did not receive treatments, would recall events through traumatic memory. So, we used everything we had in our power: eyes, voice, body position, facial expression… All these innate abilities were helpful in creating a bubble of interaction that neither the language barrier, nor the external environment could break.

An article would not be enough to express everything that affected me during my work with these children. There were moments of intense emotions, like when they had to testify and their look got  lost in the distance, as if they were paralyzed by some traumatic memories.

Restoring the psychic apparatus

As well as social and judicial recognition of their trauma, psychotherapeutic support should be organized as soon as possible to treat their psychological injuries. Otherwise, severe psychological suffering is to be feared for the victims and those around them. These sufferings include: an impossible dialogue with their body, hindering adult sexuality, the inability to listen to their emotions and needs. But also depression, feelings of loneliness, alarming insecurity, hypersensitivity to all form of injustice or abuse…

In this case, the trauma has been inflicted by another human being. This act destroys the victim’s confidence in men, but also towards Adults who have not been able to protect them. I remember a victim, who was five years old at the time of the assault and who kept saying “I was taken because mummy did not close the door properly…”. As adults, we know that these acts were not related to a poorly closed door, but this child does not have the maturity and enough capacity for analysis to see that.

All I hope now is for these children to be recognized as victims and their traumas to be repaired. It is the duty of humanity to commit to defend and protect all of its members. My first contact with these young victims was already a year ago and their assault took place four years ago. Yet, we are still talking about a hypothetical psychological recovery!

How much longer is it going to last?

Jacqueline Fall

A workshop organized by the Human Rights and Justice Center, TRIAL International’s partner, and the Conflict Victims Common Platform, enabled victims’ leaders to share information about one’s basic rights and how to gain access to justice.

Throughout the three-day workshop, subjects ranging from local, international and humanitarian law were addressed.

Moreover, examples of foreign human rights cases brought to international jurisdictions were examined to demonstrate that Nepalese cases too could be brought further. A process that remains unclear for most of the population.

“If I had participated in this workshop before, I would have taken the case of my brothers’ disappearance to the Human Rights Committee,” said Prem (assumed name). “But now, I know how to gain access to my basic rights.”

Leading the fight for justice

Victims’ leaders are members of Nepal civil society advocating for human rights. They either suffered directly from human rights violations or through the personal abuse of a family member. In both cases economic hardship, stigmatization and trauma were brought upon them and, despite the difficulties, they decided to speak up.

Joining the workshop provided them with tools to help their community. Daily, they have to deal with cases of enforced disappearances and other crimes committed during and after the civil war. With no knowledge about human rights and the judicial process, reaching justice seemed near to impossible.

“Everyone should be aware of their rights, because they are a weapon against injustice,” said Lucie Canal, interim Head of TRIAL International’s Nepal program. “We hope that this workshop can contribute to help victims’ leaders gain sufficient knowledge to lead the way towards justice for all Nepalese.”

Lack of implication from the state

Another source of drag is the fact that human rights are a neglected topic in Nepal’s political sphere. In addition, the transitional justice bodies put in place three years ago to bring compensation to civil war victims are filled with deficiencies.

“The state does not show any concern, victims and families are not getting compensations and the offenders are not getting punished,” said Milan (assumed name). “If justice gets delivered to victims it would help to heal their wounds.”

This workshop provided a space to exchange and meet other local actors engaged in the fight against impunity. United, aware of their rights and with the same goals in sights, victims’ leaders got out of the workshop stronger and with their determination untouched.

Yale Law School and TRIAL International will join efforts in the coming months to help Bosnian victims access the judicial system.

A Sarajevo-based NGO and an Ivy league university may not be the most obvious partners to defend human rights. Yet following a Yale alumni’s experience at TRIAL International, it became obvious a cooperation made a lot of sense.

“Joining the organization was a wonderful opportunity to both challenge myself intellectually and contribute to the vital work that TRIAL International is doing”, explained Kyle Delbyck, a law graduate who has been working with TRIAL International since 2016 and instigated the partnership. “Once I had completed a couple projects, I started thinking that Yale and TRIAL International could mutually benefit from a partnership.”

Bringing together academia and practical expertise

The Allard K. Lowenstein International Human Rights Clinic is a course at Yale Law School that gives students firsthand experience in human rights advocacy. Named for human rights activist Allard K. Lowenstein, the clinic undertakes projects each term on behalf of human rights organizations and individual victims of human rights abuse.

“TRIAL International has a unique approach to the challenges facing wartime victims,” said Kyle Delbyck. “The organization works on many levels: international litigation, advocacy… As well as tackling a wide spectrum of legal issues.”

On its side, TRIAL International has been active in BiH since 2008. It has established itself as an expert on helping victims accessing justice.

“We welcome this partnership with great happiness”, said Selma Korjenić, Head of TRIAL International’s BiH program. “It will be beneficial to learn from each other’s expertise and together we will continue working on improving victims’ situation in BiH.”

Challenging unfair statute of limitations

More specifically, the students will be examining in-depth the statute of limitations, or zastara, imposed on wartime claims. The partnership includes the opportunity for three Yale students to travel to BiH and to actually meet and interview victims who have suffered from zastara.

Under TRIAL’s supervision, the students will then write a report that will be submitted to United Nations human rights bodies in Geneva.

“It will be the first advocacy document submitted to international mechanisms that specifically focuses on the issue of statutes of limitations in BiH,” said Kyle Delbyck. “We are optimistic that the UN will respond accordingly.”

In the past, TRIAL International has also established partnerships with the Geneva Academy (Switzerland) for its Burundi and Trial Watch projects.