Author: Communication Department

After encouraging results in South Kivu, TRIAL International and its partners turned their attention to another lawless region in DRC: the province of Katanga, where ethnic groups clash at the expense of civilians.

 

 

An op-ed by Daniele Perissi

The Katanga region has been in the headlines these last few months. The resurgence of the conflict between the Bantu and the Pygmy has thrown the region into violent disarray… in total impunity.

In response to the crisis, MONUSCO (the United Nations mission in the DRC) has deployed its peacekeeping operations to the region. It has also called on its partners, including TRIAL International, to help reinforce the rule of law.

 

A first experience with mixed results

TRIAL International intervened in Katanga for the first time in 2016 in the context of a genocide trial. More precisely, it helped the victims’ lawyers collect evidence to prove that international crimes had been committed.

Although the final verdict did not provide a full measure of justice to the victims, the case created national precedent because it marked the first time that a civilian (and not military) jurisdiction had adjudicated mass crimes. Even more important, it contributed to a non-aggression agreement between the Pygmy and Bantu peoples in February 2017.

Today, the agreement is obsolete; the two groups have taken up arms once again. But it has demonstrated that peacebuilding and the fight against impunity go hand in hand.

 

Justice must be built from the ground

National and international actors who share this observation recently formed a coalition comparable to the Task Force that was established in South Kivu, and has similar objectives: to strengthen the legal system in order to prevent future atrocities.

The task is a colossal one. Katanga is ten times the size of Switzerland and counts only a handful of courts. Entire regions are out of the reach of the legal system and even of law enforcement officers. The fight against impunity must be built from zero.

In order to bring about change, we will have to train lawyers and judges, strengthen the prosecution’s investigative capacities, and inform victims of their rights. The first step of this process was to train, last May, a group of about twenty lawyers. A second session is planned for the end of the year.

The road ahead is long and TRIAL will need all of its partners, local and international. But in the end, the best reward: victims standing tall, confident in the legal system, and ready to fight for their rights.

Daniele Perissi, Head of DRC program
@DPerissi

 

Over 3’000 minors were forcibly recruited during the civil war. Twenty years later, they are still excluded from Nepal’s chaotic transitional justice system.

Former child soldiers are still paying the price of the conflict they were forced into. Unattended, their psychological wounds have festered, resulting in very high suicide rates. Many are uneducated (because they spent their childhood fighting) and struggle to find employment. Perhaps most importantly, they are widely stigmatized and seldom considered victims of the conflict themselves. The current state of the law, which does not criminalize the recruitment of children under 18, contributes to that perception.

Tragically, these ailments are both reasons and consequences of their lack of access to justice. With little help from civil society and rampant discrimination, psychologically and economically vulnerable, former child soldiers are still failing to uphold their rights. Conversely, it is because they have never accessed reparations (in the form of rehabilitation measures) that they remain among the most vulnerable group in Nepal.

 

Empowering tools

To bring former child soldiers closer to the justice system, TRIAL International is empowering them to defend their rights at national and international level. In this unique training, technical, practical and strategic tools are developed with former fighters.

“It is crucial that they remained the main actors if we want to induce lasting change”, explains Lucie Canal, acting Head of Program for Nepal. “We designed the training program around core and complementary skills: documentation and advocacy.”

 

A dual approach: documentation and advocacy

In the first session, trainees learn documentation techniques before setting out to document real-life case. As well as a factual basis for strategic litigation, documentation gives former child soldiers a platform to tell their stories. This could help bridge misconceptions and contribute to their official recognition as conflict victims.

The second session of the training will focus on domestic and international advocacy techniques: how to prepare and submit a report to UN bodies, organize meetings with domestic authorities and hold a briefing with the international community established in Nepal. Some of these tasks will actually be undertaken by the participants, under the supervision of their trainer.

 

*This project is supported by the German Embassy in Nepal.

In September 2015, the village of Musenyi experienced absolute horror: a series of rapes and looting, committed by the Congolese army. This week, the colonel at the head of the responsible battalion has been condemned for war crimes by the Military Court of South Kivu.

 

The attack on Musenyi

Musenyi is a village on the Kalehe territory, in the province of South Kivu, Eastern DRC. From 20 to 22 September 2015, its population was targeted for brutal retaliation during an anti-militia operation by FARDC soldiers. The 3’307^th battalion, under the command of Colonel Julius Dhenyo Becker, committed systematic sexual violence and looting against almost 150 civilians.

 

Priority case

In spite of the intimidations and threats they faced, the victims were brave enough to denounce these crimes and demand justice. Colonel Becker was arrested at the end of 2015. Preliminary inquiries by both prosecuting authorities and the MONUSCO confirmed the gravity of the crimes: the case was moved to ‘priority’ level.

In 2016, TRIAL International trained and supported the lawyers representing Musenyi’s victims, in order to conduct complementary documentation missions.

Thanks to the proofs thereby gathered, mobile court hearings opened in Musenyi on 14 July 2017, under the jurisdiction of the Military Court of South Kivu. Dozens of victims testified in Court, benefitting from free legal counsel from the TRIAL-led coalition of lawyers and from psychological support.

 

Condemnation for war crimes

Two weeks into the trial, the criminal responsibility of Colonel Becker was recognized for the war crimes (rape and looting) committed by his men in Musenyi. He received a 10 years prison sentence and will also be required to pay individual compensation to victims, in solidarity with the Congolese State: $10’000 for rape victims and $5’000 for victims of pillage.

“In less than two years, the victims in Musenyi have seen the crimes recognized and the culprit condemned” notes Daniele Perissi, head of TRIAL International’s DRC program. “This verdict represents a victory against impunity in the region, reasserting the message that nobody, not even a high-ranked official, is above the law.”

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

TRIAL International’s work on cases of international crimes in the DRC is made possible thanks to the support of the European Union, the United Nations Development Programme, the UK Foreign & Commonwealth Office, the Swiss Federal Department of Foreign Affairs and the Belgium Development Cooperation. 

 

Alice (real name withheld) lives in Bujumbura, the capital of Burundi. Despite the government’s assertions that the country is running smoothly, Alice’s story reveals a completely different reality. From shortages to fear of denunciations, she describes her daily life in a town on its last limb.

Alice: “My first reflex upon waking up is to check messages and tweets about incidents that occurred during the night. There are also warnings about potential incidents during the day, which fortunately sometimes turn out to be just rumors.

Plans for the day rarely happen according to plan. Blockages are as unpredictable as they are unimaginable.

For example, you can step outside your house but not get very far—the police is blocking the road because an official will be going through this street. This can last anywhere from a few minutes to several hours. If you’re late to class, work or a meeting, “the road was blocked” is a valid excuse that everyone understands.

Once at work, you’re at risk of surprises such as electricity cuts and internet disconnections. It’s difficult to meet deadlines under such conditions, which means that you’re constantly stressed.”

 

Shortage of basic commodities

“In every shop, imported products are out of stock, including medication. These days, when writing out a prescription, a physician will also note three or four equivalents, knowing full well that the pharmacy is likely not have the right medication.

Food costs have significantly increased; bread has become a luxury for most families. Even sugar, though produced in Burundi, has become a rarity because it’s more profitable to export it.

Fuel shortages make everything worse: transport prices go up, food prices take the same course, and services slow down. To buy fuel, you sometimes have to fall back on the black market, where a liter costs thrice the usual price.”

 

Economic uncertainty

“My financial situation has deteriorated, as has everyone’s. Increased prices and lack of work cause my sources of income to dwindle… whereas my responsibilities as a parent remain the same!

I was forced to make painful decisions, such as sending my youngest daughter to another school because the old one was too expensive. I had to stop supporting my children at university, with inevitable consequences for their success and morale.

Under such circumstances, it’s impossible to save money, which means that we have no security for our future. I live in fear of getting ill and being unable to go to work! How long would I survive? There are so many questions without answers.”

 

Restricted freedom

“In Bujumbura, you have to be very careful about what you say and do. Everyone think carefully about their movements, acquaintances, conversation topics, and neighborhood they visit. You only confide in small groups of “trustworthy” people.

Conversely, if you seem too close to the government (rightly or wrongly), others will be quick to judge: stigmatization can cost dearly in certain situations.

Independent press is almost non-existent in Burundi. An impressive number of pro-government organizations have mushroomed since the beginning of the crisis. They propagate venomous messages about UN institutions and members of the opposition who are in exile.”

 

Daily violence

“Home searches are common, even daily in certain areas. If you are searched, it is better not to ask any questions. The best course of action is to cooperate so that it’s over quickly and you avoid problems.

In the streets, violence from the hands of the police or the Imbonerakure* is an almost daily occurrence. Every day that God created, at least two people are assassinated – and that’s on top of enforced disappearances. There is no official curfew, but an informal one exists across the entire country. In some places, people don’t dare to go out after 8 o’clock in the evening or they would risk being beaten or even murdered.”

 

Children are the first victims

“I’m always scared for my children. Even keeping them indoors is risky: there are all sorts of rumors about attacks in people’s homes.

All parents live in the same fear. When your child is out and his or her mobile phone is turned off, panic takes over. Parents often send an alert message by SMS, fearing for their child who didn’t come home at the agreed time. An hour later, we get another message thanking the Lord because the child has returned safely.

This daily existence sometimes makes me feel scared, and other times triggers feelings of rebellion and anger. But the dominating feeling is a sense of complete powerlessness. There are times when I ask myself how long we’ll be able to go on like this.”

 

*The Imbonerakure are a youth militia with close ties to the government. They have been accused of murder, rape and other atrocities perpetrated against civilians.

An op-ed by Andreas Schüller

Andreas Schüller, head of ECCHR’s International Crimes and Accountability Program, is optimistic that universal jurisdiction is moving forward and helping to shed light on persisting areas of impunity.

2016 has seen the sentencing of former dictator Hissène Habré in Senegal – a major victory for universal jurisdiction. The case has shown that justice is possible and gave victims hope. Senegal also played an immensely important role for justice in Africa by prosecuting Hissène Habré in line with international standards.

More and more countries are developing the necessary infrastructure, such as war crimes units, to prosecute international crimes cases. Civil society submissions to prosecutors, and the global outcry against atrocities, notably in Syria, have also contributed to the rising number of cases.

But there remain huge discrepancies among European States and globally, both in terms of legislation and prosecuting organs. A good model is Germany. It is equipped with an experienced – though insufficiently funded – war crimes unit, along with legislation providing for “pure” universal jurisdiction, making it possible to undertake investigations even against suspects residing outside of the country.

 

Addressing crimes by powerful states, officials and corporations

The main challenge remains prosecuting high-level decision-makers for the crimes they commit. Again and again, we see States fail to prosecute those responsible for setting up the structures and policies that lead to international crimes.

Double standards are also prevalent. Even in cases with compelling evidence of grave crimes, States are often unwilling to risk diplomatic tensions to enforce international justice. For instance, we see huge resistance in cases against former US-government members for torture, or against Western corporations for their role in international crimes.

 

Tackling impunity in Syria

ECCHR, in partnership with Syrian partner lawyers and survivors, has filed a criminal complaint in Germany against Syrian officials for torture. The Federal Public Prosecutor General’s subsequent decision to follow up on the investigations was an important and emotional milestone for our Syrian partners. For the first time, a prosecuting authority had given weight and importance to their testimony and experiences. This was particularly important for them given the almost complete impunity for crimes committed in Syria, especially high-level government crimes.

Even with their limits, prosecutions can set an example for other countries, including by encouraging domestic investigations in the States where the crimes occurred. Cases can also help shift the focus on to underreported crimes such as sexual violence or the role of private corporations in the commission of international crimes.

Andreas Schüller, Head of the ECCHR’s International Crimes and Accountability Program

 

Andreas Schüller is the Head of ECCHR’s International Crimes and Accountability Program since 2009. He graduated from law school in Trier (Germany) and holds an LL.M. in Public International Law and International Criminal Law from Leiden University (The Netherlands). A qualified lawyer admitted to the Berlin bar, Andreas Schüller works on US torture and drone strikes, UK torture in Iraq, war crimes in Sri Lanka and Syria as well as further international crimes cases. He publishes and lectures on international criminal law and human rights enforcement.

 

A conflict at the doors of the EU. Civilians fleeing the attacks. A toothless international community unable to protect them. Thousands of dead.

Aleppo in 2017? No, Srebrenica in 1995.

This week, we commemorate the anniversary of the biggest massacre in Europe since World War II. On 11 July 1995, Bosnian Serbs led by Ratko Mladic murdered over 8’000 Bosniaks in the enclave of Srebrenica. The international community watched helplessly.

The parallels between the situation then and now are harshly obvious. Despite the “never again” leitmotiv traditional to commemoration ceremonies, we have failed – spectacularly failed – to prevent mass atrocities since.

Syria offers a resounding, quasi-daily example of our inertia in the face of barbarity. Many other conflicts do not make the headlines but are equally tragic: South Sudan, the Democratic Republic of the Congo, Mexico and others.

 

Why do so many crimes still go unpunished?

Not only have we failed to prevent mass crimes, but we are also failing to address the wounds of the past. Many families still don’t know what happened to their loved ones at Srebrenica, while criminals remain at large – and sometimes are even hailed as national heroes.

These shortcomings are even more blatant in the light of the available legal arsenal. International justice was all but embryonic when the Balkan wars broke out, but fast forward two decades and we have two International Criminal Tribunals, several mixed courts and the first permanent International Criminal Court.

States too have gradually embraced the fight against impunity and are starting to prosecute international crimes domestically, based on the principle of universal jurisdiction. National systems in that area have grown and matured and though imperfect, they offer possible avenues for victims seeking justice.

The tools are there, the systems are in place. Why, then, do so many crimes still go unpunished? Unsurprisingly, the answer is political will.

 

“Never again” rings hollow 

On 11 July, many heads of States will remember Srebrenica, mourn its dead and condemn international passivity. The “never again” pledge will be echoed far and wide. Some leaders may even blame the current governments in the former Yugoslavia for not working hard enough towards reconciliation – and they will have a point.

But how many States will go beyond the hand-wringing and the finger-pointing? How many will commit time and resources to ensuring mass crimes are indeed a thing of the past?

The newly set-up mechanism to investigate Syrian crimes is still far from being funded. Civil society organizations have actually set up crowdfunding solutions to support it! In Switzerland, the Office of the Attorney General has allocated vastly insufficient resources to prosecute suspects of international crimes that we know to be present in the country.

Will we do today what it takes for justice to prevail? Or will our future calendars just include more commemorative days for atrocities we could have prevented?

 

An op-ed by Manuel Vergara

Manuel Vergara, Legal Director at FIBGAR and a collaborator to TRIAL’s universal jurisdiction annual report, on victims’ clout, the Habré trial and legal setbacks. 

The reason behind universal jurisdiction’s success is unquestionably the commitment of victims seeking justice beyond their countries’ boundaries. This is itself connected to better information on international criminal law and its mechanisms, the dissemination of clauses like aut dedere aut iudicare* in treaties and the professional work of independent judges and prosecutors.

Universal jurisdiction has known its ups and downs. Many commentators and scholars feared it would disappear after two of the most active countries in this field, Spain and Belgium, backpedaled on their power to prosecute international criminals. But it has proved it is here to stay. The proliferation of new cases in Africa and South America is an encouraging sign for the future.

 

Victims are the driving force behind universal jurisdiction

On 30 May 2016, I attended the public reading of Habré’s judgment in Dakar (Senegal) together with Judge Baltasar Garzón**. At the end of the reading, all victims remained quiet and respectfully waited until the magistrates left the courtroom. But as soon as they were gone, they started crying, laughing, screaming and dancing. Some of them approached Judge Garzón to share their happiness, saying “Thank you. Everything started with the Pinochet case, it inspired us”.

This demonstrates the power of universal jurisdiction, how it can help to spread the word of justice and inspire people to fight against impunity themselves. Victims of international crimes are certainly universal victims.

Justice is never an easy thing. There are obstacles even to the prosecution of ordinary crimes, like corruption or the lack of judicial independence and impartiality. Universal jurisdiction logically multiplies these difficulties. Economic, political or diplomatic pressure might discourage countries to enact universal jurisdiction fully. However, these problems are those of the judiciary in general, and they have the same solutions: strong institutions, the rule of law and a sincere commitment to justice.

Manuel Vergara, Legal Director at FIBGAR

 

* Aut dedere aut iudicare, or “either extradite or prosecute”, reflects the obligation of States to either punish alleged criminals themselves or delegate that obligation to another State by extraditing said criminal.

** Juge Garzón was the investigating judge who issued the arrest warrant against Augusto Pinochet in 1998, widely considered to be a founding case for universal jurisdiction.

 

Manuel Vergara is the Director of the Legal Department of International Foundation Baltasar Garzón (FIBGAR). A qualified lawyer, he has worked as a consultant for the UN Office of the High Commissioner for Human Rights in Phnom Penh (Cambodia) and for the International Labor Organization in Jakarta (Indonesia). He currently lectures in Criminal Law at the IE University in Spain. For the last three years, Manuel Vergara has been in charge of the drafting, release, promotion and dissemination of the Madrid-Buenos Aires Principles on Universal Jurisdiction.

 

The International Day in Support of Victims of Torture reminds us that this crime destroys entire lives. How can someone rebuild their life after such inhumane acts?

“There were two tables, a bucket of water, a pulley and two bat-like sticks. I remember feeling cold and intensely frightened.”

Abdennacer Naït-Liman was tortured in Tunisian prisons for opposing Ben Ali’s regime. Like thousands of victims around the world, he is still waiting to see his suffering recognized and his torturers condemned.

Victims of torture are often debilitated for life. Abdennacer Naït-Liman almost lost the use of a hand and a foot. Other scars are invisible: “The pain they inflicted was not just physical: they tried to break my spirit too, with threats, isolation and mock executions,” he recalls.

 

A multi-layered evil

In Nepal, Lakpa Tamang was tortured when he was only 11 years old, falsely accused of stealing jewelry. Although he received compensation, his life is far from having returned to normal. He suffers from post-traumatic stress and has had to stop his studies. Victims living in rural areas, far from medical specialists, typically receive little support. In extreme cases, the psychological scars seep into future generations too.

Psychological disorders can also be accompanied by social isolation. In the DRC, it is not uncommon for a woman who is the victim of sexual violence – a specific form of torture – to be rejected by her family. This is what happened to N.: she was excluded from her community and abandoned by her husband after being raped by a soldier.

Finally, psychological distress and social isolation leave the victim in precarious conditions. Deprived of their close circle of relatives, they can find themselves without money and even without a house. It is sometimes impossible for them to find work again, as was the case for André in Burundi. In the face of destitution, psychological reconstruction often takes a back seat… further worsening the situation.

 

Moving forward

How then can a victim take back control their life? Access to justice is often an important step in rebuilding victims’ lives, according to psychologist Besima Catic: “When someone hurts you, it is normal to want to see this person punished. It is a necessary step for victims.”

In addition to the symbolic and psychological importance of prosecution, every victim is entitled to compensation for the harm suffered. And this compensation can help victims to regain their dignity in concrete terms by paying for medical care, psychological support, housing away from the crime scene, or training to change jobs. “If I had not received this money, I do not know how I could have bought my medicine and everything else (…) I would not have had the money” says V., a victim in Bosnia and Herzegovina.

TRIAL International fights every day for victims of torture, like V., André, Abdennacer and Lakpa. The organization helps them to obtain justice and compensation, and supports them in their rehabilitation.

Support TRIAL International’s action against torture

Read: No, Mr. Trump: torture can never be legal

Mr Janvier Bigirimana took part in a TRIAL International training in 2014. How did this new knowledge help him in his fight against impunity?

Can you introduce yourself and explain your background?

Janvier Bigirimana: “My name is Janvier Bigirimana. I have been a lawyer at the Bujumbura Bar since May 2011. I am a human rights specialist and have defended cases involving important high authorities in politics, the police and the military. I was one of Bob Rugurika’s lawyers, the Director of the Radio Publique Africaine (note of the editor: one of the last independent media in Burundi) who was illegally imprisoned. My job obstructed those in power, on top of my involvement with FOCODE, a local civil liberties NGO.”

How did you hear about the training organised by TRIAL International?

“My colleague Pacifique Nininahazwe, who works for FOCODE, told me about the training. He was asked to suggest participants and turned to me. My response could only be positive. Firstly, because defending human rights is my passion, be it on a national, regional or international scale. Also, because one always needs to learn new things. I was not disappointed by this experience, what I learned was incredibly invaluable to my work.”

What aspects of the training were you the most interested in?

“The seizure of the UN mechanisms was the most interesting aspect, because few Burundian lawyers know how such mechanisms operate and how one refers to them. Since the training, I have represented victims in front of those mechanisms.

Another element I enjoyed was the fact that theoretical training was coupled with practical cases. We learned by doing, which was very helpful. Our group was also fortunate enough to participate in a session of the Committee against Torture, in November 2014 in Geneva.”

A political crisis has been shaking your country since 2015. Has your profession changed in any way?

“As I often intervened in the media, I started receiving indirect threats, through family members. They told me I was young and taking too many risks, that I should be nurturing my family instead. With the escalation of violence and repression in Bujumbura, the threats intensified and I was forced into exile. I now work from Rwanda.

As the Burundian judicial system is totally blocked, we are increasingly taking cases before international mechanisms. And this only possible thanks to the training that was offered by TRIAL International! I intend to specialize in this area so that beyond individual cases, I can propose structural changes to facilitate access to justice for every Burundian victim.”