Author: Communication Department

On the International Day for the Elimination of Sexual Violence in Conflict, the international community reiterates the need for justice to prevent conflict-related sexual crimes.

Long-since ignored or understated, sexual violence remains a widely invisible crime. “Sexual violence in conflict has come into the limelight these last few years, largely thanks to civil society’s efforts” explains Lucie Canal, Legal Advisor on sexual violence. “But a lot remains to be done: we are only still prosecuting a minority of sexual crimes, and countless perpetrators still roam free.”

TRIAL International is convinced that a strong justice system can prevent future abuse. As the odds of facing trial and punishment heighten, fewer crimes are committed. But because the prosecution of sexual violence is still in its infancy, justice does little to deter future atrocities.

“We need to build a justice system robust enough not only to punish the sexual violence that did occur, but also to prevent new crimes”, concludes Lucie Canal.

How does TRIAL International fight sexual violence?

Please help is support victims of  sexual violence today!

Abdennacer Naït-Liman has been through hell in Tunisian prisons. His torturers have never been convicted. On 14 June, TRIAL International will defend his case before the Grand Chamber of the European Court of Human Rights (ECHR).

Militant youth

Abdennacer Naït-Liman: “I was born in the Summer of 1957 in Jendouba, a city in the North-West of Tunisia. I was the second of eight children. I started being politically active at the age of 25. The 1980s were marked by the growing opposition to President Bourguiba’s regime. The Islamic Opposition Movement (Editor’s Note: Ennahdha today) then defended dignity, freedom of expression and fundamental rights. These values appealed to the young man I was. 

After Ben Ali’s coup in 1987, the situation changed. Surveillance, arbitrary arrests and torture became common. I did not feel safe.”

On Garibaldi square

“I left for Parma, in Italy, as the repression intensified. I was still militating remotely through a human rights organization.

One of our most significant achievements was a campaign denouncing ill-treatments inflicted by Tunisian security agents. On Garibaldi square in Parma, we had placated rather disturbing photos of torture victims. Back then, many Italians would holiday in Tunisia and after this campaign, many cancelled their vacation. We had hit our target and that did not go down well.”

The day my life was turned upside down

“Soon afterwards, I learned the Italian police was looking for me. On 22 April 1992, I spontaneously went to the police station. That day, my life was turned upside down.  

State security services were in charge of my file. They asked me to follow them, confiscated my identity papers and locked me in a room without further explanation. I was deeply worried, especially since I could not contact my wife, who was 6 months pregnant. A few days later, Italian policemen put me plane headed to Tunis. When they handed me over to the Tunisian police, they said ‘here is your merchandise’.”

The ‘operation room’

“A long series of interrogations followed at the Ministry of Interior in Tunis. Dozens of people interrogated me before they took me to the ‘operation room’. It was a small room covered in blood. Here and there, bits of flesh hung from the walls.There were two tables, a bucket of water, a pulley and two bat-like sticks. I remember feeling cold and intensely frightened.

They made me undress. They bound me in a ‘roast chicken’ position (Editor’s Note: a huddled and suspended position often employed by torturers). The pain I felt was inhumane. Bat and electric wire blows rang through my whole body. I did not know it was possible to suffer so much.

For 40 days, I was tortured day and night. My body was so hurt that I almost lost the use of a hand and a foot permanently. The inflicted pain was not just physical: they tried to break my spirit too, with threats, isolation and execution simulations.”

To survive

“It was the love of my close ones, faith and solidarity among prisoners that saved me. Every day. I would think of my pregnant wife and my parents, recite the Quran, cling on to every last bit of humanity and dignity.  

Meanwhile, my family was moving mountains to find me. Amnesty International got involved to try and locate me. Eventually, I was released conditionally by the authorities after I had “confessed” alleged crimes under torture. I was forbidden to leave the country until the verdict was delivered.  

In November 1992, the Appeals Court condemned me to 18 months’ imprisonment. I knew what that meant. I had almost died in 40 days in detention, I would not be finishing that 18-months sentence alive. I chose to flee.”

Exile

“I had to escape the scrutiny of government spies to leave. This marked the beginning of long wandering months. 150km to Tunis in a taxi, then 550km by train and another taxi to the frontier with Libya. My wife and our two young children joined me in Tripoli. From there, we travelled to Turkey and then Switzerland. We arrived in June 1993 and lodged an asylum request.

The first few years in Switzerland have been hard for my wife and myself, but we received support from a lot of people. In 1995, we were granted a refugee status. For the last 20 years, we have lived near Geneva where we have found a certain peace.”

Rebuilding my dignity

“In Geneva, I founded a support organization for Tunisian victims of torture. In 2001, I filed a criminal complaint against the former Minister who had ordered my torturing. This complaint has been a cornerstone to rebuilding my dignity. I knew then I had to keep fighting for justice by all legal means. 

Civil complaint, appeals before the Federal Tribunal, European Court of Human Rights. I knew the road would be long, but not so long. So far, Switzerland did not consider it should take up my case because the tortures occurred in a third country. But where else could I seek justice than in the country that has offered me refuge from those exact abuse? Switzerland has recognized me as a victim but is preventing me from being anything else.”

The end of the road

“On Wednesday 14 June 2017, after 15 years, my quest for justice will reach its final stage. My case will be presented to the 17 judges sitting at the Grand Chamber of the European Court of Human Rights.

Their decision will be important for me of course, but also for other torture victims on European soil, who could be able to demand justice in their asylum country. The fight also has a wider reach than my individual story: hundreds of political prisoners died in Ben Ali’s prisons.

The new generation of activist in Tunisia have tools we did not have 20 years ago. Thanks to the web and social media, they can circulate information and denounce crimes much more broadly than we ever could. My message to them is to put these tools to good use, and to fight violence with the weapons of justice, freedom and mutual respect. To my children too, I imparted a taste for justice rather than revenge.”

TRIAL International is partnering with the NGO WITNESS to offer an exclusive training in DRC: using video to prosecute international crimes.

How did the idea of video trainings in DRC emerge?

Daniele Perissi, Head of DRC program at TRIAL: DRC is extremely vast and has poor infrastructures. When crimes are committed in the countryside, hours away from the nearest city, presenting evidence in court can be challenging. With videos, gathering and sharing proofs would be faster and easier, and help build stronger cases.

For instance, bringing victims to testify in court can be humanly and logistically challenging. Filming them anonymously and in familiar settings would be less traumatic, and probably yield better results. Footages from the crimes scene, surroundings, etc. will also put their story into context, adding a compelling level of detail.

Are there potential risks to filming?

Kelly Matheson, Senior Attorney and Program Manager at WITNESS: Video is a powerful tool to expose the truth but it also has limitations and can cause harm if not used thoughtfully and carefully. In our training, we include questions to assess when to use a camera, and when to refrain. Security concerns are central, of course: the security of the person filming, of the person being filmed and of the community where the footage takes place.

Is filming an emerging practice in the legal field? 

Kelly Matheson: Not at all, videos have been used for a long time in domestic and international proceedings. Footages of concentration camps were shown at the Nuremberg trials! The change in the technological landscape today are the video-makers themselves: ordinary people are filming video along side professionals and at a much greater volume. In Syria, for instance, the larger part of the videos is taken by activists, not journalists.

Nanjala Nyabola, Africa Program Manager at WITNESS: This means a massive increase in the quantity of video, and the trend will only accelerate. Our challenge now is verification. Anyone today can film something and broadcasting it immediately, so establishing the credibility of footage in court has never been so important.

Eastern DRC (where the training will be delivered) is a low-tech region. How will you overcome this difficulty?  

Nanjala Nyambola: WITNESS is used to delivering trainings in low-tech environments. We adapt our training to the available technology, showing how it can best be used. For instance, smartphones are widely used in DRC: we will show trainees how the tool they already have can also help them collect evidence.

Daniele Perissi: The training was designed specifically for DRC, so technological limits have been built in from the start. In addition to smart-phone trainings, we also lend cameras to our trainees. Trainings small groups over a long period of time ensures everyone gets a chance to test the tools during the training.

Kelly Matheson: Besides, the training goes beyond the question of technological advancement. What truly empowers people is knowing when, why and how to film: material and networks are just the tools.

 

TRIAL International turns 15 today. 15 years of tireless fight against impunity and unbending support to victims of atrocities. The organization remains faithful to its initial mission but has consolidated its impact and broadened its field of intervention. Its 15th anniversary is also marked by another change: that of its President. Daniel Bolomey, former Secretary General at Amnesty Switzerland, succeeds to outgoing President Giorgio Malinverni. This unwearied human rights defender embraces TRIAL International’s presidency with enthusiasm and conviction. He shares his vision with us.

TRIAL International: How did you start getting involved in human rights?

Daniel Bolomey: It has been a lifelong combat for me, entrenched in the activist culture of the 1970s: the national liberation fights, the mobilization against the Vietnam war and fascism – which was still present in Greece, Spain, Portugal and across Latin America. I was sensitized to these issues through immigrant workers and refugees in Switzerland. They were better accepted here than today. I have also militated early on for social and cultural rights, notably with the Swiss human rights league and the trade unions movement.

You are well-known for your role as General Secretary of Amnesty International’s Swiss section…

Indeed, I have worked for Amnesty for over 25 years! First as a Campaigns Officer and Spokesperson, then as Head of Communications and, from 2001, as General Secretary of the organization. After 10 years in that position, I wished to give way to fresh blood, in particularly since I had a brilliant successor! I then worked for two years at the international General Secretariat in London. 

Which human rights causes have touched you the most over that period?

There has been so many! I remember the Pinochet case, his arrest coincided with the 50th anniversary of the Universal Declaration of Human Rights. That’s when I thought: if Pinochet can be arrested, the fight against impunity is not just a buzzword. This case has been a driving force for me, because I had been so shocked by the coup that put Pinochet in power.

The broadening of Amnesty’s mandate to social and cultural rights has also been part of my engagement. After years of debate, the mandate was officially opened up in 2001 in Dakar. It was an immense satisfaction for me, and consistent with my beliefs. Finally, the most important cause for me has been the fight against gender-based violence. In the 1990s, I have been heavily involved in Amnesty’s worldwide campaign denouncing mass rapes in the former Yugoslavia. I also militated for changes so that Amnesty could improve its position on gender internally, too.

Has there been forgotten causes?

Rwanda represents in my eyes the greatest failure of the international community. I travelled there a year after the genocide and came back deeply moved. We all bear a part of responsibility in that tragedy.

You are now taking over as TRIAL International’s President. Why?

It’s the natural continuation of my engagements. I have been on TRIAL International’s Board for four years and have measured over that period how important its work is. I tip my hat to the team’s willpower, which is in line with my own engagement. I am delighted to do my bit for this organization I have the greatest respect for. It is a great challenge to become President at this time, when TRIAL has reached a certain maturity. I look forward to presiding TRIAL International at this turning point and to accompany its development.

What particularly touches you in TRIAL International’s work and mission?

The fight for justice is crucial in my eyes, just like the fight for victims to obtain reparation. I also like that TRIAL works on concrete cases, obtaining results that push the boundaries of international case-law. Finally, TRIAL International builds meaningful and respectful relations with the victims it defends, and this deontology is close to my heart.

How do you apprehend your role as President and what dimension would you like to give it?

I don’t see this role as a purely honorific one and I intend to endorse my responsibilities with the greatest devotion. I hope to put my experience at the service of the organization, notably to reinforce its governance and its international development.

I also wish us to reinforce our engagement in favor of corporate responsibility, because the globalized economy is tightly linked to the question of justice.

What will be TRIAL International’s challenges in the future and what fights will the organization prioritize?   

We are living in a complex period where the very notion of rights is often attacked, for instance by populists. In this environment, the victims’ combats are little-known and not well understood. We must therefore ensure that the law, and in particular international law, remains a cardinal principle. This is not an easy task because it must involve all levels: education, outreach, political, judicial, etc.

I trust TRIAL International to use all necessary means for the fight, within the limits of its mission (editor’s note: the fight against impunity for international crimes). Besides, NGOs cannot and should not be the only actors. We need to involve the youth and sharpen their critical thinking. The role of politics is equally important, we have to raise the level of the debate and guarantee both the independence of the judiciary and that it has sufficient means – it is a prerequisite to democracy. By uniting our strengths, we will ensure that justice remains a universal value, that is everybody’s business and applies to everybody.

 

In a Communication to the International Criminal Court (ICC), TRIAL argues that Burundi is failing to investigate and punish grave abuses, and pushes for the ICC to open an investigation. 

On 25 April 2016, the Office of the Prosecutor (OTP) of the ICC opened a preliminary examination on the situation in Burundi. Notwithstanding the fact that Burundi has in the meantime decided to withdraw from the ICC Statute – the withdrawal only takes effect one year later – the OTP is pursuing its preliminary examination to determine whether an investigation should be opened.

The principle of complementarity

In order to do so, the OTP has to assess, among other elements, what is called “complementarity”. According to this fundamental principle, States are primarily responsible for investigating international crimes and prosecuting perpetrators. The ICC only acts in complement to their action.

If the authorities have manifested total inaction, no further analysis is required: the complementarity test is indeed met. But opening national proceedings is not enough either: the State must prove it effectively carried out investigation and/or prosecution. If justice is purely formal, then the OTP may conclude to the State’s inability or unwillingness to proceed and declare the complementarity assessment satisfied. So where does Burundi stand in that spectrum?

Burundi’s repeated failure to prosecute

In a confidential Communication submitted to the OTP, TRIAL International cast a light on Burundi’s inaction or unwillingness to genuinely investigate and prosecute a sample of cases the organization documented. Because of the nature of the crimes, those case would fall prima facie under the jurisdiction of the Court.

In most of the cases documented by TRIAL International, Burundi’s relevant authorities, notwithstanding the knowledge of the alleged crimes, have failed to take action altogether.

For instance, M. P. (real name withheld), a serviceman of the National Defence Forces, was arrested in August 2015. He spent more than a month in governmental facilities, where he was tortured, before being transferred to prison. The same month, he denounced these treatments before a prosecution officer and once again before judges in a public hearing. In spite of the clear knowledge of the facts, 19 months after the denunciations no investigation has been opened.

Formal actions change nothing

Sometimes – usually as a result of external actors’ pressure – investigations are formally opened. But even in those cases, no further steps are carried out.

O. S. (real name withheld) was arrested by members of the police and Imbonerakure and disappeared right afterwards. Under media pressure, and after the first complaint was “lost”, the prosecutor formally opened a file in January 2017. Since then, nothing has moved, despite regular visits and complaints from the victim’s lawyer. No inquiry has established the fate of O.S. and the criminals are still at bay.

The authorities’ failure to effectively investigate and prosecute crimes, even when formal steps are taken, could not be clearer. Thousands of victims remain dependant on a broken justice system where impunity is the norm. This could change if the OTP considered it could open an investigation, and potentially lead to the opening of a trial.

TRIAL International has secured 12 positive decisions from the UN Human Rights Committee (HRC). But the battle for their implementation is ongoing.

Over the last 8 years, TRIAL International has brought 12 cases of enforced disappearance before the HRC. A total of 53 family members of 26 missing persons have been represented.

All 12 cases led to positive decisions, but in spite of this record, the implementation of the Committee’s decisions has been very limited.

“The HRC has no enforcement mechanism, so the onus is on the States to implement these decisions.” says Adrijana Hanušić Bećirović, Senior Legal Adviser in Sarajevo. “A number of obstacle still hinder their implementation in BiH, including a big backlog in war crimes to be prosecuted, technical difficulties to finding missing persons, a lack of resources leading, amongst others, to a failure to provide compensation. There is also an undeniable lack of political dedication.”

In March 2017, the HRC expressed its concern at BiH’s failure to implement its decisions. Once again, it called on the State to guarantee the right of victims to truth, justice and effective remedy. It also called for the establishment of an implementation and follow-up mechanism.

Demanding an efficient coordination mechanism

TRIAL International has been advocating for HRC decisions enforcement since they were first issued. The organization has met with representatives of the Prosecutor’s office, the Missing Persons’ Institute, the Ministry for Human Rights and Refugees and the Human Rights Commission of the Federal Parliament, among many others.

In 2016, TRIAL International met with the Ombudsmen institution and a member of the Parliamentary Assembly, asking the non-enforcement of HRC decisions were raised before the Council of Ministers. Following the meeting with the Ombudsperson, a complaint has also been filed.

Both bodies – respectively through their investigation procedures their possibility to ask questions to the ministries – have required an explanation from the Ministry of Human Rights and Refugees of BiH (MHRR).

Recently, the MHRR has announced it would submit a Draft Law on the Implementation of Recommendations of International Human Rights Bodies. It will consult with the Ministry of Justice and the Office of the BiH representative before the European Court of Human Rights in the process.

“We are delighted by this step forward”, concludes Adrijana Hanušić Bećirović. “Our efforts to ensure the implementation of international bodies’ decisions might be significantly facilitated through the establishment of an efficient coordination mechanism. With this procedure, things may finally evolve for victims.”

An op-ed by Valérie Paulet

For the last 6 years, the international community has failed to end the massacre of civilian in Syria. Effective prosecution has been repeatedly impeded at the international level. Will these crimes therefore stay unpunished? Not necessarily, as some States are tackling impunity at national level through universal jurisdiction.

Some crimes, such as bombing civilians, using chemical weapons or inflicting torture, are too heinous to be left unpunished. They shock the conscience and threaten the international peace and security. The perpetrators must be brought to justice.

Yet the ICC has a specific mandate, focused on the prosecution of those bearing the greatest responsibility in States that have ratified, or accepted, the Rome Statute.

Within that group, the ICC only has jurisdiction if States are unwilling or unable to prosecute alleged perpetrators. The level of “unwillingness” is difficult to assess: In Colombia for instance, the ICC has never asserted its jurisdiction arguing that some culprits – low-rank FARC and paramilitaries – had been judged before national courts.

These restrictions leave thousands of victims outside of the ICC’s scope – including Syrian victims, for instance, since the country has not ratified the Rome Statute. But restrictions also leave an avenue for States to step in.

 

Universal jurisdiction in action

Thanks to the principle of universal jurisdiction, States can prosecute criminals who are on their territory, regardless of where the crimes may have been committed or of the nationality of the perpetrators and the victims. The crimes covered by universal jurisdiction include genocide, crimes against humanity, war crimes, torture and enforced disappearances. The interest of such procedures for lawless regions, such as Syria, is obvious.

In March 2017, TRIAL International published its third annual report on universal jurisdiction, Make Way For Justice #3. Reviewing 47 cases in 13 different countries, the reports reflects the realization of a promise made by several States: these international crimes cannot remain unpunished.

Prominent examples in the report – such as Chadian ex-dictator Hissène Habré – show that universal jurisdiction leads to concrete results. In 2016, 11 Syrian war crime suspects were arrested, and four of them were convicted. Between Finland, Germany and Sweden, 3 Iraqi nationals were convicted for war crimes and 4 others are currently on trial.

Without universal jurisdiction, these perpetrators would never have faced justice. From low-rank criminals to non-ICC State members, universal jurisdiction is acting as a tool for victims, a new avenue for justice.

 

ICC and Universal Jurisdiction: two ways for one fight

Because the ICC can only deal with a limited number of cases, the Office of the Prosecutor of the ICC (OTP) should place the cooperation with prosecuting States at the center of its strategy. Their goal is the same: reducing safe havens for international criminals.

A number of States have established war crimes units, with specialized police, prosecutions and immigration units dedicated to investigating international crimes.

But these units are facing extraordinary challenges, and their resources fall well short of covering the exceptional complexity of their investigations: gathering evidence in war zone, contacting victims and witnesses of crimes committed abroad years ago, difficulties in international cooperation, translation, etc.

War crimes units would no doubt benefit from an enhanced cooperation with the OTP’s specialized investigators expertise and resources. This is particularly true where national authorities carry out investigations in the same conflict zone than the ICC.

The newly created mechanism on crimes committed in Syria will provide great opportunities for States to assert their jurisdiction. It is time for all prosecuting actors to walk the talk when it comes to fighting impunity, and allocate sufficient means to that cause.

Valérie Paulet, TRIAL Watch coordinator

@valeriepaulet

Article originally published on the Coalition for the International Criminal Court website

 

Four representatives of Burundian NGOs visited Geneva. Pierre-Claver MBONIMPA (President of the APRODH), Armel NIYONGERE (President of ACAT-Burundi and Director of SOS-Torture Burundi), Janvier BIGIRIMANA (Secretary general of FOCODE) and Gordien NIYUNGEKO (Executive Secretary of FOCODE) spoke to TRIAL International about the grim situation in their country.  

It is a pleasure to be here in Geneva and to personally meet our partners, including TRIAL International. We are here to inform the Working Group on Enforced and Involuntary Disappearances of the alarming situation in Burundi, namely the cases documented by our organizations. But meeting up with international actors is equally important in the pursuit of our cause. We need partners and institutional stakeholders to relay our fight.

We are extremely satisfied that the United Nations has set up a Commission of Inquiry. Its very existence is proof of an underlying problem that the Burundian authorities stubbornly deny.

Our government’s refusal to cooperate with the international community is both an admission of weakness and a testament to their lack of arguments. It also proves that the leadership fears the consequences of their actions.

 

 

Hard living conditions

All four of us live in exile today. During the first months of the crisis, we stayed to expose the abuses taking place. But as well-known within the community, we are in the government’s direct line of sight. The screws were tightening and we had to flee with our families.

Many human rights activists still live in Burundi. They are lesser-known figures but their safety is precarious nevertheless. We are in contact on a daily basis, over WhatsApp and other social networks.

As exiles, our role is to collect evidence and bear witness to the human rights violations before the international community.

Our struggle is tough and victories scarce. But each visit to Geneva is our opportunity to shed a light on the Burundian crisis.

We cannot give up. No matter how long the night, the sun will eventually rise!

 

An op-ed by Giorgio Malinverni

Giorgio Malinverni has been President of TRIAL International for the past six years. As his term comes to an end, he looks back on the evolution of the NGO and the situation of human rights in general.

Human rights have been my focus throughout my career. I remember that Switzerland had just ratified the European Convention on Human Rights when I started as a professor at the University of Geneva School of Law. The Convention was a tremendous source of inspiration and I never stopped analysing it and explaining it to my students. My work as a judge on the European Court of Human Rights later exposed me to a new facet of human rights.

Since 2011, I have had the pleasure and the honour of presiding over TRIAL International. I am proud to have contributed to its rise and I remain deeply attached to its fundamental mission, oftentimes carried out in sensitive contexts. Today, TRIAL is equipped with a strong structure and a great team that will enable it to meet the challenges of the future.

 

Obstacles to justice can be overcome

The time is near when it will be necessary to prosecute the many crimes perpetrated in Syria, Iraq, Yemen and elsewhere. The difficulties will be numerous and complex. The international justice system is by turns criticised for its inefficiency and ineffectiveness, or on the contrary, its interference.

Yet we must remember that human rights have made enormous strides since the end of World War II. Never before has the legal arsenal to fight against impunity been so sophisticated. It is up to us to make an inventive use of these tools!

As I prepare to step down as President of TRIAL International, I wish to send a message of encouragement to this organisation and to those who support it. Continue to broaden your horizons, don’t let yourself be defeated by temporary setbacks. Leading investigations and bringing complaints against states, multinationals, or individuals requires audacity and perseverance. TRIAL has never lacked either.

 

Giorgio Malinverni
Outgoing President, TRIAL International
Former Judge, European Court of Human Rights
Professor Emeritus, University of Geneva Faculty of Law

 

Geneva, 3 May 2017 – The Court of Measures of Constraint in Bern has decided to prolong the detention of Ousman Sonko. The former Minister of Internal Affairs and right hand of Gambian dictator Yahya Jammeh is suspected of crimes against humanity.  

Ousman Sonko was arrested in Switzerland on 26 January 2017, after TRIAL International filed a criminal complaint against him for torture. Given the suspicions against him, he had been held in pre-trial detention for the last three months.

At the end of this three month-period, the Attorney General of Switzerland was able to extend his detention by 3 months. “We welcome this decision which shows the authorities take the allegations against M. Sonko seriously”, said Philip Grant, Director of TRIAL International. “We hope that the investigation can shed the light on some of the abuses perpetuated by Jammeh’s regime”. 

 

Two victims have already filed a complaint

Since his arrest, two victims – supported by TRIAL International – have filed criminal complaints against Ousman Sonko. Both of them were tortured by the Gambian authorities while the suspect was at the head of security services, first as the Inspector General of Police and later as the Minister of Internal Affairs. Ousman Sonko is accused of having personally taken part in these acts of torture. Further complaints could still be lodged against him.

“The victims who filed complaints against Ousman Sonko have waited long enough for justice to prevail”, concludes Philip Grant. “We hope that this process will finally enable their voices to be heard”.

An op-ed by Pamela Capizzi

Citing numerous cases of enforced disappearances, TRIAL International calls on the United Nations Working Group on Enforced or Involuntary Disappearances (WGEID) to go to Burundi.

At the beginning of the month, the United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, reported “a major increase in cases of enforced disappearance between November 2016 and March 2017, as well as the discovery of dozens of unidentified bodies in various parts of the country.”

TRIAL International has brought several cases of enforced disappearances in Burundi to the attention of different mechanisms, including the Working Group.

In addition to reviewing individual complaints, the WGEID has the possibility of conducting country missions. Since 2009, it has repeatedly sought an invitation from Burundi – so far without success*.

 

The WGEID has a constructive role to play

The aim of a visit from experts of the WGEID would be to improve the dialogue between families of the disappeared and the national authorities. A visit could also facilitate the opening of investigations into the many alleged cases.

The government has never followed up on the WGEID’s request for an invitation. By responding favourably, Burundi would demonstrate its willingness to collaborate with the international community. And finally choose the path of de-escalation.

The WGEID’s most recent request for an invitation dates from 27 November 2015. TRIAL International calls on the WGEID to renew its request. Such a visit could only encourage the search for the truth and bring an end to the families’ suffering.

Pamela Capizzi, Legal Advisor
@PamelaCap1

* On the 27th of March 2017, the government of Burundi declined the WGEID’s request

 

 

An op-ed by Reed Brody

Reed Brody fought at the side of Hissène Habré’s victims until Habré’s conviction and life sentence were upheld in April. Invited by TRIAL International, he recounted key features of the judicial saga.

The 1998 arrest of Augusto Pinochet in London, was a turning point for international justice. It created a ripple effect, giving people hope to pursue their own tormenters. The idea that survivors could access international justice was new, powerful and exciting. I knew little about Hissène Habré when Chadian NGOs approached me in 1999 to take up their case. But the moment was right and the survivors had such a thirst for justice!

 

Victims are the cornerstone of international justice

Victims are still voiceless in many human rights crisis today. Who has ever heard the stories of survivors from South Sudan, for instance?

The Habré case offers a valuable counter-example. I cannot overstate the courage and tenacity of the victims. They took the lead in bringing Habré to trial and this was one of the best parts of the adventure.

With time, I formed a personal bond with many victims. They stayed with my family, we got them medical care, so seeing Habré on trial became a personal mission too. When victims put their faith in you, it’s difficult to give up. When Habré was arrested for the first time, my son was not even born. He is now 17.

Habré’s survivors were the ones who allowed us to overcome each setback. When Belgium repealed its law on universal jurisdiction, Souleymane Guengueng, the association founder, saved the case by telling his story to Belgian officials. He had them eating out of his hand!

 

Adding logs to the fire

Habré’s trial began on 20 July 2015. It was the first universal jurisdiction case to proceed to trial in Africa. It was also the first trial in the world in which the courts of one country prosecuted the former head of State of another for human rights crimes.

So many people told us it could not be done. But the more we were told it was hopeless, the more we wanted to prove them wrong. Their disbelief just added logs to our fire!

 

Tenacity pays off

On 27 April 2017, the appellate judges of the Extraordinary African Chambers in the Senegalese court system confirmed Habré’s sentence oflife in prison for crimes against humanity, torture and war crimes and tasked a trust fund with locating and seizing his assets to compensate the victims.

I believe that the greatest lesson of Habré’s trial is that justice is achievable, and by normal people. Every survivor can be Souleymane Guengueng, every activist can be a “dictator hunter”.

 

Setting precedents creates hope

Just like the Pinochet case, the trial of Hissène Habré created hope: When people see victims bring their dictator to justice, they start believing they can do it too.

Following the fall of Yahya Jammeh in Gambia, I received calls asking whether Jammeh could be brought to justice too. Together with a group of Habré’s victims and a lawyer from TRIAL, we went to Banjul to meet some of Jammeh’s victims.  Our  answer was simple: he can be, if you make it happen.

Reed Brody

Read more about TRIAL International’s work in Gambia
Read more about milestone universal jurisdiction cases

 

When victims obtain compensation orders after a long and arduous procedure, has their ordeal come to an end? Not always, as enforcement remains uneven throughout BiH.

TRIAL International has provided free legal aid to several victims in criminal proceedings, all resulting in the awarding of compensation. But despite these verdicts, victims have yet to receive their them.

“In parallel to building up the practice of compensation awards in criminal proceedings, the challenge was to get the compensation effectively paid” explains Adrijana Hanusic Becirovic, TRIAL’s Senior Legal Advisor for BiH.

While Bosnian legislature is vague on compensation enforcement, a whole range of international and European legal sources offer guidance – such as the European Convention on the Compensation of Victims of Violent Crime and the United Nations Convention against Torture. More importantly, these texts are also binding for BiH, obliging its authorities to ensure effective compensation for wartime victims.

 

Shared responsibility

 Among these guarantees is the State’s role when the perpetrators do not have the means to compensate the victim themselves.

“European and international law require Bosnia and Herzegovina to establish national mechanisms in case the perpetrators are unable or unwilling to fulfil their obligations”, says Adrijana Hanusic Becirovic. “This would resolve the issue of compensations that have been awarded but never actually paid.”

There is also a symbolic dimension to the State stepping in. As one survivor put it: “Both the perpetrators and the entity are responsible. The State did not prevent crimes, and the perpetrators committed the crimes”.

 

Towards better enforcement mechanisms

In its latest publication, TRIAL analyzes BiH’s international obligations and provides recommendations on how it can most effectively enforce compensation awards. Drawing from examples in other countries, it offers practical solutions for their implementation.

“We hope that this publication will pave the way to legislative change in BiH”, concludes Selma Korjenic, Head of TRIAL’s BiH program. “Victims awaiting compensation have fought for so long, they deserve to receive compensation without having to fight for it.”

Read the publication’s executive summary (in English)
Read the full publication (in Bosnian)
Learn more about the right to reparations in BiH

Onesphore Case

Student and member of the opposition detained

Mr. Onesphore (real name withheld) is a student and political opponent. In 2015, while having lunch, he was arrested by police officers and locked up in a cell, before being transferred to a prison, where he is still detained to this day. Like others before him, he is a victim of the wave of arrests of political opponents in Burundi. They were particularly dire in 2015.

Mr. Onesphore was interrogated without his lawyer, in violation of the applicable legal procedures. It is only after two months of waiting that he was able to meet the latter, as well as his relatives. Although – manifestly unfounded – charges have since been formulated, as well as a case being opened, he still hasn’t received a copy of the document justifying his remand. He is still languishing in prison.

Procedure

Mr. Onesphore attempted to defend himself by using all available legal means. Consequently, during his trial, his lawyer repeatedly denounced the irregularities of his detention. But despite the defence’s perseverance, nothing could be done to protect the victim. Furthermore, non-judicial mechanisms were also seized, in vain.

In view of the seriousness of this situation, at the start of 2017, TRIAL International turned towards the United Nations, in order to ensure that the violations suffered by Mr. Onesphore be recognized and to allow him to obtain reparation.

 

In two cases led by TRIAL, the UN Human Rights Committee recognized – again – Nepal’s failing to deliver justice to its citizens.

The families of Rajendra Dhakal and Padam Narayan Nakarmi received acknowledgment for their sufferings at last. The Human Rights Committee (HRC) recognized Nepalese authorities had failed them in their quest for justice. Both victims were forcibly disappeared as part of a systematic policy targeting alleged Maoists in the civil war.

Mr. Rajendra Dhakal was a lawyer and a committed human rights defender. At the time he was arrested, he was defending victims of torture and harassment at the hand of the State. He had already been withheld and mistreated by the military due to his past involvement with communist groups.

Mr. Padam Narayan Nakarmi was also arrested and disappeared on the basis of his political affiliation. Evidence suggests torture and mistreatments were commonplace in the army barracks where M. Nakarmi was last known to be detained.

The families of both victims had exhausted all domestic remedies when they turned to TRIAL International. Together, they took the case to the HRC. The Committee recognized Nepal’s failure to uphold its obligations and issued recommendations in favor of the victims.

 

“Now the hardest part begins”

It now falls on Nepal to uphold these recommendations and grant truth and justice to the victims. But HRC decisions are non-binding, leaving their implementation to the good will of States. Failure to implement HRC decisions sends a dangerous message that human rights violations can go unpunished.

“Sadly, Nepal has a history of ignoring, partially or totally, HRC recommendations” says Helena Rodríguez-Bronchú Carceller, Head of the Nepal program. “TRIAL’s work is far from over, in fact the hardest part begins now.”

 

Read more on accountability in Nepal
Read more on strategic litigation

 

Criminal proceedings will begin against the alleged aggressor of a victim supported by TRIAL International.The victim K., who was raped in 1992, had never stop believing justice could be achieved.

Mr. X (name withheld) has been indicted for war crimes in Srebrenica and Bratunac (Bosnia and Herzegovina). A former Bosnian Serb Army soldier, he is suspected of killing and sexually assaulting Bosniak civilians during the 1992-1995 conflict. Among the victims was K., who was still underage when Mr. X allegedly raped her, along with other soldiers.

A model of resilience, K. has never stopped fighting for justice. In 2016, she told TRIAL International: “Even though it has been 23 years, I do believe that one day perpetrators will be arrested and prosecuted.”

 

A milestone in a decades-long quest

K.’s case stood at a standstill for years, before she turned to TRIAL International in 2013. The organization lobbied hard for her case to move forward, sending letters to relevant institutions, holding meetings, and filing an application before the BiH Constitutional Court. K. clung to the hope that one day, justice would be served. “When I hear stories of victims like myself, who saw the perpetrator convicted it makes me more persistent and confident”, she said.

Her long wait could soon be over. Two decades after her rape, she could see the suspect punished for his crimes. But the confirment of the indictment of Mr. X is just a first step in the procedure after which the trial will start. The accused will be considered innocent until proven guilty.

Read K.‘s full story
Read more about TRIAL’s work for victims’ rights in BiH

 

The murdered teenager was a symbol of military impunity. Now that her killers have been convicted, she could become a figure of hope for countless Nepalese.

Maina Sunuwar was only 15 when she was arrested at home and taken to army training facilities in Panchkhal. She died there, bearing signs of repeated torture. For over a decade, the crime remained unpunished.

Finally, on 17 April 2017, three army officers received 20 years’ imprisonment for the murder of Maina. The convictions were unanimously welcomed by the press, NGOs and even the United Nations.

This outcome is indeed a significant step against impunity, and rare enough to be signaled: since the end of the civil war, it is the first serious conviction for wartime abuse in Nepal. A long-standing figurehead of military impunity, the case of Maina Sunuwar is now rekindling the hope of hundreds.

 

Tenacity trumps structural inadequacies

The fact remains that Maina’s parents jumped hurdles for 13 years before obtaining a conviction. Their experience reflects Nepal’s structural inadequacies in prosecuting abuse. It is neither the only, nor the worst account from wartime victims.

The case of Maina Sunuwar also proves criminal courts have an important role to provide justice to conflict victims. The Government insists that all conflict era cases must be dealt with by the transitional mechanisms, but this is neither realistic nor desirable. Criminal justice should, in fact, complement their work to deliver transitional justice efficiently.

TRIAL International hopes that this precedent will pave the way to other positive decisions: Nepalese survivors have suffered enough disappointment from the authorities.