Author: Communication Department

The journalist and critic of the government disappeared in July 2016. In the face of his family’s distress and the government’s inaction, TRIAL International has seized the United Nations.

In July 2016, the United Nations High Commissioner for Human Rights Zeid Ra’ad Al Hussein spoke about a “strong increase of enforced disappearances” in Burundi, “one of the latest worrying trends” in the country.

The report from the UN Independent Investigation on Burundi (UNIIB) paints the same picture. Since the outbreak of the crisis in 2015, hundreds of persons have reportedly disappeared.

 

The relatives’ suffering

It is within this context that Jean Bigirimana disappeared. He was a journalist at IWACU, one of the main independent Burundian medias and one of the few still active in the country. A father of two children aged eight and three, he was abducted on 22 July 2016 by men aboard a pick-up that apparently belonged to the Burundian National Intelligence Service. Jean Bigirimana has never been seen since.

Nearly nine months have passed and his fate is still unknown, as well as the circumstances surrounding his disappearance. This situation causes serious suffering among his family, friends and colleagues.

“Enforced disappearances are a form of psychological torture for the victim’s relatives. They oscillate between hope and discouragement, without any means to turn the page” explains Pamela Capizzi, Legal Advisor and Head of the Burundi program. “Jean Bigirimana’s relatives have the right to know what has happened to him.”

 

Insufficient investigation and prevalent impunity

The Burundian authorities have the obligation to undertake an investigation in regards to this disappearance. But this hasn’t been the case. In view of a deficient investigation and the climate of impunity prevailing in Burundi, the path of international justice imposed itself.

In collaboration with the press group IWACU (fr), TRIAL International brought the case to the attention of the United Nations’ Working Group on Enforced or Involuntary Disappearances (WGEID) in August 2016. The purpose of this procedure is to help the family ascertain what has happened to their relative.

“The Burundian justice has the duty to tell the truth to the family, to Iwacu, to the Burundian people. Its honor is at stake“, concludes Antoine Kaburahe (fr), Director of the Groupe de Presse Iwacu. “The truth would put an end to the relatives’ wait and allow them to extricate themselves from this terrible doubt. To this day, our colleague’s children are still waiting for ‘Daddy who went to work’. It’s atrocious.”

 

In the multitude of human rights NGOs, what makes TRIAL International unique? Sibylle, a regular sponsor, explains why she chose to support the fight against impunity.

 

TRIAL: In your opinion, what distinguishes TRIAL International from other NGOs?

Sibylle: I have known the NGO for more than 10 years, and I have seen it grow and evolve. I have always been interested in human rights and their defense. The prosecution of criminals is a crucial component, that is why TRIAL’s mission is of particular interest to me.

 

In what way does TRIAL’s mission touch you?

TRIAL’s mission is clear: it has a specific mandate and does not impinge on the prosecutor’s role. Contrary to larger NGOs, TRIAL is grappling with issues in the field directly, especially with its offices at Bukavu and Sarajevo. This shows that justice is tangible, not just the prerogative of distant courts at the Hague. From a personal point of view, the attitude of the associates seems particularly noteworthy and full of respect for the victims that they defend. It is a combination of professionalism and modesty, courage and humility, qualities that are particularly meaningful to me.

 

You have known TRIAL International for a long time. What changes have you noticed?

TRIAL has grown and become more proficient. It has also become more visible, especially since the sentencing of Erwin Sperisen in 2016. This event in particular showed that justice
was not just a buzzword but that concrete actions could have a direct impact on the course of events.

Another example of manifest results is TRIAL International’s cooperation with the hospital of Dr Mukwege in Panzi (DRC). These people fight daily in the field, so the support of NGOs like TRIAL International enables them to continue their work.

 

Do you see the situation of NGOs evolving in the future?

In the media, one story gives way to another. NGOs raise awareness differently and build long-term change. They are there to remind the public of the issues that do not make the headlines.

I believe that NGOs will become more and more significant in the future. As we witness atrocities, our world seems to be losing its bearings. NGOs like TRIAL are here to sound the alarm and condemn such violations. It may be too late to prevent the ongoing carnage, but I am convinced that a thriving justice can prevent them from occurring in the future.

 

To support TRIAL International, click here

Adrijana Hanušić Bećirović has worked for TRIAL in Sarajevo since 2012. She shares the pride and challenges of working with war survivors.

 

TRIAL: You are a Senior Legal Advisor for TRIAL in BiH. How and when did you start working with wartime victims?

Adrijana Hanušić Bećirović: I was a human rights lawyer in BiH when TRIAL approached me in 2011. They needed a consultant for a case: the enforced disappearance of dozens of individuals near Prijedor during the war. Although I had experience with human rights abuse, I was shocked by this new scale of abuse I was dealing with.

For that first case, I did not liaise directly with the victims, but researching the sad stories of each victim – 50 families in total – was trying. The first days, it kept me up at night.

 

Do you remember the first time you met a victim in person?

I have met victims of war crimes throughout and after the war, because, unfortunately, many citizens of BiH have suffered in one way or another. My professional work with survivors started, however, by meeting a lady who had suffered sexual violence. I was inexperienced back then, so I was worried that talking about her experience could be harmful. This is a common pitfall when first working with victims: tiptoeing around them, assuming they are all psychologically vulnerable.

Over the years, I have found it impossible to make generalization about wartime survivors. Some are indeed fragile, but others are just glad or relieved that somebody is finally paying attention to their story. A lot of factors come into play: what their background is, if they had psychological support or support from their families, etc. But at the end of the day, one can never guess what a survivor will behave like. And one should avoid to assume anything about the survivor’s reactions and thoughts. As with anybody else, you have to spend time with the person in order to get to know them.

 

Knowing that each survivor reacts differently, how do you approach victims you meet for the first time?

The key is to give the victim enough space. After a first contact over the phone, I suggest we meet somewhere they feel comfortable. For some, it will be their home because it is safe and familiar. Others prefer not to be around their family when they talk about their sufferings, so we meet in a quiet café.

During the conversation, I let the survivor take the lead. They can tell me as much or as little as they want, and in the order they want. Depending on how it goes, I allow myself more pointed questions. It helps to approach the encounter without preconceptions, so that I can better adapt to the victims’ pace.

 

Do you operate differently for the families of victims, for instance of those who were forcibly disappeared?

Families are usually grateful that we still take an interest, that we do not give up on their case. A lot of them feel abandoned by the authorities and struggle with their suffering alone. And they usually share with us gratitude even for those small gestures that indicate attention: For instance, when we talk over the phone, even for just 5 minutes. I am endlessly impressed with their resilience and their kindness, in spite of the ongoing suffering they are experiencing.

 

Can you tell us about a major victory for your program?

For years, we have raised awareness about the need to award compensation to survivors, as part of criminal proceedings, in parallel to punishing the perpetrator. Although the law provided for such possibility, it has never been implemented before. One past verdict even stated that not claiming compensation spoke in favor of the sexual violence victim’s credibility!

As a result of our combined efforts, in June 2015, a criminal verdict granted compensation to sexual violence victims for the first time. Since then, it has become a regular practice – the State prosecutor’s office and court now work on compensation claims every time a sexual violence survivor is involved in the proceedings. We have witnessed a total shift in perceptions.

This is what I am really proud of in my job: we introduce changes and concretely affect the lives of people. I was only a child when the war broke out in BiH, and I remember feeling powerless in the face of all the suffering. Today, as a legal advisor for TRIAL, I am able to help those unable to help themselves.

 

Is this why you chose to do this job?

Yes, absolutely. At the end of my education, I had a dilemma on whether to deal with war crimes or other burning human rights issues.  And at first, I decided to focus on the future of my country, not on its past. But I still ended up working with war crimes survivors: there cannot be closure without justice. 20 years since the end of the war may sound like a long time, but for victims it feels like yesterday. Their wounds are as fresh as ever, and it is our duty to stay alert to their rights and needs.

Universal jurisdiction has gathered unprecedented momentum in 2016. In their annual report, TRIAL International and its partners REDRESS, FIDH, ECCHR and FIBGAR look back on its application through 47 recent cases.

Five years of conflict, hundreds of thousands of dead. In Syria, large-scale war crimes are committed in all impunity. Effective prosecution has been repeatedly impeded at the international level, yet justice has found a way forward: universal jurisdiction.

Thanks to this principle, States can prosecute criminals regardless of their nationality or where the crime was committed. The interest of such procedures for lawless regions is obvious.

Last year alone, five States have brought charges for alleged crimes in Syria. Investigations are ongoing in three others. For victims, these proceedings may be their only chance to obtain justice.

Universal jurisdiction has proved a significant tool against impunity in Syria, but it also applies to many more situations: Rwanda, Nepal, Guatemala and Iraq, to name but a few.

 

47 milestone cases in 2016

To illustrate this breadth, TRIAL International, REDRESS, FIDH, ECCHR and FIBGAR release today their annual report on universal jurisdiction, Make way for Justice #3.

In 2016 alone, 13 States have made use of this principle in 47 cases – an unprecedented success. “We registered a 30% increase with respect to 2015, showing that universal jurisdiction is gathering momentum”, says Valérie Paulet, TRIAL’s Legal Consultant and author of the report.

Make way for Justice #3 illustrates the need for States to establish specialized units and equip them with sufficient means. “All the cases in the report prove that justice is achievable when States commit to it.”, concludes Philip Grant, TRIAL International Director.

 

Discover the report

 

Learn more on Universal Jurisdiction

What is universal jurisdiction?
Read Make way for Justice #2 (2016)
Read Make way for Justice #1 (2015)

 

On the International Day for the Right to the Truth and for the Dignity of Victims, TRIAL International gives the floor to a few brave victims it supports.

 

Nepal: from victim to activist

Since his father was forcibly disappeared in 2001, Ram Bhandari has become a leading figure for human rights in Nepal.

“I have dedicated my life to defending victims of enforced disappearances. With the National Network of Families of the Disappeared, we inform people of their rights. We also raise awareness on what enforced disappearance is. Hopefully in the future there will be less social stigma attached to families of the disappeared: I never want to see another woman shunned like my mother was.”

Read Ram’s full story

 

DRC: no closure for the Kabungulu’s widow

Déborah Kitumaini is the widow of Pascal Kabungulu, an eminent Congolese human rights defender. She lost everything overnight: her husband, her belongings, and her country. Since then, she has been living in Canada with her six children. The murderers have never been caught.

“I am a widow. My children are fatherless. We continue to live in fear, while Pascal’s murderers – who were clearly identified as the culprits – are living freely. I dream of the day I can return to visit the DRC, to see all my loved ones again, to breathe the air of Bukavu and to walk once again on its soil, in safety and security, holding my head high and knowing that the men who killed my husband will no longer be able to harm us or others.”

Read Déborah’s full story

 

Bosnia and Herzegovina: the dignity to fight on

K.’s quest for justice started in 1994 when she reported her rape by soldiers of the Republika Srpska Army. Her complaint was registered, but justice stood at a standstill. Decades later, she has lost none of her will to fight for justice.

“Even though it has been 23 years, I do believe that one day perpetrators will be arrested and prosecuted. When I hear stories of victims like myself, who saw the perpetrator convicted and were granted compensation, it makes me more persistent and confident.”

Read K.’s full story

 

DRC: a three-days travel to establish the truth

Yvette and Sylvie were raped in a remote village of Eastern DRC. When the perpetrator was finally caught, their testimonies soon appeared indispensable to his trial.

And so Yvette and Sylvie embarked in the longest journey of their life: they travelled by motorbike, car and plane for three days, all the way to Bukavu where the trial took place. Neither had left their village before. By telling their story before the judges, they helped to establish the truth and see their assaulter punished.

Read Yvette and Sylvie’s full story

 

TRIAL International supports many more victims struggling to access truth and closure. You can help us achieve more by donating here.

Pierre-Claver Mbonimpa is a leading figure in the fight for human rights in Burundi. During a recent trip to Geneva, he shared his thoughts on the current situation.

 

TRIAL: You are in Geneva for the United Nations Human Rights Council. What are your impressions so far?

Pierre-Claver Mbonimpa: I am glad to see the interest in the situation in Burundi. Twenty-three States have made comments, and among these no less than 20 condemned the government’s actions.

Unfortunately, I have taken part in several Human Rights Councils and I know that action will not follow up for a long time. I am sorry that the UN seems helpless in the face of a country as tiny as Burundi.

How do you explain this?

The United Nations is reluctant to play an active role. It wants to delegate this role to regional institutions, such as the African Union. However, African Heads of State suffer from the same ills as Pierre Nkurunziza: they want to cling to power forever by any means possible.

My fear is that stalled discussions will cause victims and refugees to lose patience and resort to violence. This could inflame an already precarious situation, and at that point it will be much more difficult for the UN to restore calm.

As things stand, how do we end the crisis?

Government representatives must definitely return to the negotiating table. My country has known other crises in the past: it was always through dialogue that we pulled through.

Pierre Nkurunziza himself came to power thanks to negotiations, in this case the Arusha Agreements, which put an end to the civil war. Our leaders should remember that war benefits no one.

Like many other human rights defenders, you have been forced into exile. Do you keep in touch with your fellow countrymen?

Yes, every day. Thanks to social media, we can share information, photos and videos that could constitute evidence. Burundi is a small country, everybody knows each other, and our network keeps growing.

The Burundian diaspora has an important role to play. Residing outside the country, I can testify before the international community.

What is your message to the Burundian victims and refugees?

I ask them to be patient. I understand their frustration, but resorting to violence will only make matters worse. Let’s remember the lessons of our history: only dialogue will end the crisis.

 

Compensation claims have come a long way in recent years. However, noticeable discrepancies remain throughout BiH, resulting in unequal treatment of victims’ demands.

There is currently no established practice regarding the amount of compensation granted to wartime victims in criminal and civil proceedings. Nor do established criteria exist for determining adequate awards for the harm suffered.

This lack of guidance has resulted in an unequal judicial treatment of victims’ compensation claims throughout the country. “Victims need to know in advance what they can expect when claiming compensation. The judicial response to their specific harm endured needs to be streamlined” says Adrijana Hanusic Becirovic, Senior Legal Adviser at TRIAL International.

To incite harmonization of judicial decision-making, TRIAL International has published a guide to legal practitioners. The publication compiles practices in civil and criminal proceedings on the amount of compensation awarded and criteria used to define them.

Aimed at judicial staff and lawyers representing victims, the guide (available only in Bosnian) should help spread best practices and precedents.

“We hope that this compilation of judicial practice will help practitioners and judicial staff to provide a harmonized and adequate response to victims’ compensation claims.” concludes Adrijana Hanusic Becirovic.

Carlos Vielman, Guatemala’s former Minister of Interior, has been acquitted. He has stood trial in January and February 2017 in Madrid, where his responsibility in the execution of eight detainees while he was holding office has been determined. His former wingman and Head of the National Police Erwin Serisen was sentenced by a Genevan tribunal to life imprisonment for the same facts. TRIAL International is concerned this acquittal sends a worrying signal to Guatemala’s civil society.

On 15 March 2017, following several weeks of hearings and deliberation, the Madrid Sala de lo penal de la Audiencia Nacional has made public its decision to acquit Carlos Vielman, a dual citizen of Spain and Guatemala.

This decision follows the trials of a some of his subordinates in Austria, Switzerland and Guatemala, for a series of extrajudiciary executions committed while Carlos Vielman was Oscar Berger’s Minister. Several have been condemned for these crimes, including Erwin Sperisen – who received a life sentence after a coalition of NGOs denounced him to the Swiss prosecuting authorities. It has also been the case for Victor Soto Dieguez, condemned to 33 years’ imprisonment in Guatemala, and of three other members of the Guatemalan public forces.

These cases have highlighted the existence of a criminal structure inside Oscar Berger’s government, a fact that was also recognized by other instances – a UN commission (CICIG), a Guatemalan prosecutor in charge of human rights, Swiss and Guatemalan tribunals. In this context, the acquittal of Carlos Vielman sends a worrying signal, particularly in Guatemala where impunity still all too often reigns supreme and human rights defenders witness a surge in intimidation practices and murders.

While the outcome of the trial is not what NGOs were hoping for, the fact that it took place is nonetheless a noteworthy step in the fight against impunity: “This trial has proved, among other things, that former Ministers are not above the law and must face their responsibilities”, says Philip Grant, Director of TRIAL International.

At the time of this release, TRIAL International has not seen nor analyzed the detail of the decision. The NGO therefore declines – for the moment – to further comment the reasons for the decision.

Find out more about the Sperisen case

The International Film Festival and Forum on Human Rights (FIFDH) attracts every year activists from around the world. TRIAL International is proud to take part in this unmissable event.

The FIFDH is the most important event dedicated to cinema and human rights around the world. It takes place every year in parallel with the main session of the UN’s Human Rights Council in Geneva, city which is also home to TRIAL International’s headquarters.

“Every year, the FIFDH highlights the under-reported aspects of human rights. The festival offers NGO’s a platform for debate and the opportunity to heighten awareness about their work among a very wide audience “, says Chloé Bitton, Head of Communications at TRIAL International.

 

A forum to denounce sexual violence

This year, TRIAL International sponsors the projection of The Uncondemned. This documentary recounts the fight of the Rwandan women to ensure that sexual violence be finally punished.

” The impunity of sexual violence is at the heart of TRIAL’s work “, explains Philip Grant. “The pugnacity of these women also echoes our core beliefs: civil society has a crucial role to play in the fight for justice.”

TRIAL International will have the honour to introduce the film, along with NGO’s Civitas Maxima and Avocats Sans Frontières Switzerland. The projection will be followed by a debate, live-tweeted by TRIAL International.

Follow us on Twitter
@trial #FIFDH17

The Uncondemned
Saturday 18th March at 15: 00, Espace Pitoëff
Tickets and information

 

 

 

To fulfill its mission, TRIAL relies on the support of over 50 volunteers. With their talent and dedication, they greatly contribute to the organization’s success. Meet Lucy and Cono, who regularly donate their time to fight impunity.

 

TRIAL International: When did you start volunteering for TRIAL, and why?

Lucy: I applied in 2014 when I saw the advert on the ONG’s website. TRIAL does such remarkable work in helping people who have lost all hope of finding justice. I could not imagine being affiliated to a better organization – and I know quite a lot of them.

Cono: I started in August 2016 after knowing TRIAL for several years. As soon as my workload allowed it, I looked for volunteering opportunities in international criminal law. TRIAL appeared to me as the most solid reality in Europe, a place where I could improve my legal research and drafting skills. After several months of volunteering, I still believe the potential is huge.

 

What do you do as a volunteer?

Lucy: I am part of the translators’ pool, namely from French to English. The texts I translate range from legal documents to articles for the website or publications. This gives me an overview of TRIAL’s different programs and audiences: the legal community, media, online followers, etc.

Cono: As a volunteer for Trial Watch, I research cases related to international justice. These cases can be both past and present, and span throughout the world. Thanks to my research, new profiles are added to the Trial Watch database, and existing profiles are kept up to date.

 

Have you acquired or developed new skills as a volunteer?

Lucy: I have learnt to be very thorough, because translating legal documents demands technical vocabulary. Despite what some may think, volunteering is as demanding as paid work: you have to bring your A-game at all times, even when you are working from home in your pyjamas!

Cono: My legal terminology has strongly improved in English, Spanish and French. When conducting research to update a new profile, I need to read newspapers’ articles and judicial decisions, which reflect different language styles. I then try to re-use these legal terms, to make them mine.

 

What is the best part of being a volunteer at TRIAL?

Cono: The most interesting aspect is to learn the stories, news and legal developments which I would not be aware of otherwise. Last month, I came across an article in the newspaper about the “Condor Operation”, in South America. I would not have known what it was if I had not researched related profiles weeks before!

Lucy: I am very proud of TRIAL’s accomplishments and the recognition they receive. I have volunteered for other NGOs but TRIAL is exceptional: not only do they do great work but they are wonderful colleagues.

 

Would you like to volunteer for TRIAL? We are always looking for talented new recruits!

Once a year, the international community remembers women are not only victims: they also have agency.

Close your eyes and imagine a victim of war crimes. Now image the lawyer helping that person obtain justice. Odds are, you were thinking of a woman in the first case and a man in the second.

Widows mourning their disappeared husbands; women fleeing conflict; mothers struggling to protect their children. Sadly, the imagery of the vulnerable female is alive and kicking.

That women are more likely to experience certain forms of violence is undisputable. But this fact occults another, non-conflicting reality: that women are part of the solution, too.

 

Not only victims

We women at TRIAL International are the living proof that helping victims of international crimes is no male prerogative. We represent 60% of the NGO’s workforce and 70% of program management. Some of our most senior legal advisors are women.

We meet victims face to face. We listen to their stories in all their gruesome details. We work long hours. We travel to remote, sometimes dangerous locations. We go head to head with governments. We fight for others’ rights.

On the field too, the women we work with defy patriarchal norms.  37% of the victims we fight for are women. Far from being simply “victims”, they are strong individuals, defending their rights with courage and dignity. From activists to doctors and experts, journalists to investigators, our female partners are many. Their work and dedication commands admiration.

We hope that one day, empowered women will no longer be the exception, but the norm, and that more female lawyers, prosecutors and judges will be part of the game.

Women’s rights are paramount and inequality should be fought tirelessly. It must and will be fought by women. By us.

The women of TRIAL International

 

Benedict De Moerloose, Head of the Investigations and Criminal Law Department, explains how TRIAL chooses, builds and submits criminal cases.

 

TRIAL: Could you explain how criminal investigations work at TRIAL?

Benedict De Moerloose: TRIAL International launched the Investigations and Criminal Law Division in 2011 to bring before justice individuals and companies suspected of international crimes.

According to the principle of universal jurisdiction, any State may prosecute suspects of the gravest crimes, regardless of where those crimes were committed. States are increasingly making use of this capacity,  but a lot has still to be done, and diplomatic interests remain, all too often, an obstacle to justice.

Thanks to its legal and investigative expertise, TRIAL sheds a light on some of these grave cases. By filing criminal complaints and providing evidence, it pushes the authorities to uphold its international obligations.

 

Aren’t criminal inquiries the prerogative of the prosecuting authorities?

They are, and we do not tread on the authorities’ toes. Our work is complementary to theirs. We often bring up cases that the authorities did not have on their radars. We are also able to access evidence that is beyond the authorities’ reach. For instance, we do not need to ask for international legal assistance through diplomatic channels to interview a potential witness outside the jurisdiction. Moreover, some witnesses and victims have lost trust into state authorities and prefer to first discuss with NGOs.

But eventually, the Attorney General alone decides whether to open a formal inquiry, hear the suspect and charge them.

Once the denunciation has been filed, TRIAL does not usually take part in the procedure. The parties are the Attorney General, the accused and the victims, represented by their lawyers. This does not preclude TRIAL’s ability to continue its investigation and provide the prosecuting authorities with evidence.

 

How does TRIAL conduct its investigations?

Over the years, we have developed our investigative capacities and our denunciations are now full-blown legal argumentations, with supporting evidence. The more compelling the case, the higher the chances that the Attorney General will follow through with prosecution.

Collecting evidence is a long and complex work. It requires patience and tenacity. Moreover, we are often investigating high-rank individuals, statesmen and military chiefs. Even when they are not in power anymore, they remain well connected and potentially threatening to whoever testifies against them. Security and confidentiality of our sources are paramount throughout the inquiry.

 

What are those sources?

We interact with multiple sources, at the local or international level. Of course, we verify thoroughly their credibility, in particular the witnesses. In some cases, we also delve more deeply into the evidence-gathering: field missions, interviews, archives researches, etc.

 

How do you choose the cases you work on?

Unfortunately, we cannot work on every potential case so we apply a range of criteria to select them.

If the first threshold of credibility is reached, we look at a number of other indicators : whether the jurisdiction has competence on the alleged crimes, whether it falls under TRIAL’s mandate, the chances of success, the potential threats, etc.

We also have to think strategically and aim for high-impact cases and cases from country where impunity is prevalent: going for “smaller fish” alone would reinforce a two-tier justice system.

Of course, we also need to take into account our own resources. We are a small team and need to keep forces to continue the fight!

 

Since its creation, TRIAL International has brought before the Swiss prosecuting authorities 17 cases against individuals and companies. These complaints triggered 10 criminal investigations – 8 of which are ongoing – and led to 2 convictions and 1 extradition

In 2014, a political drag-net cast over the opposition highlighted the repression that prevails in the country. However, three years have gone by and they are still waiting for justice.

Since April 2015, the attention of the international community has veered towards Burundi and the violence which erupted there. Many human rights violations were committed in a climate of total impunity.

But the situation was far from being unexpected. Impunity in Burundi has been a long-standing problem, culminating from a dysfunctional judicial system. The latter is subject to intense meddling from the executive branch, which subsequently led agents of the State that perpetrate these crimes to believe that they will not have to account for their actions. On the other hand, victims’ confidence in the system flounders as they legitimately fear retaliation if they consider taking the matter to court.

“The abuse stemming from before 2015 have created an adverse climate which has led to the current crisis”, asserts Pamela Capizzi, Legal Advisor for Burundi.

 

An episode that foreshadowed the crisis of 2015

An episode demonstrably illustrates the absence of freedom of expression and the means of intimidation spurred by the government.

Three years ago, on 8 March 2014, the members of the opposition party Movement for Solidarity and Democracy (MSD) were victims of a government crack-down. Accused by the authorities of organizing “an unauthorized demonstration” or of “preparing an insurgency”, several dozen members of the opposition party were beaten and detained illegally. Some are still in jail; victims of a politicized justice at the behest of the government.

These violations have, on the most part, gone unpunished. Even when the victims filed a complaint, they never received any reparation while the perpetrators got off scot-free.

This is why TRIAL defends these victims and the ones from the previous crisis of 2015. “In order to be consistent, TRIAL’s actions cannot remain focused solely on the most recent violations, every victim must have access to justice”, concludes Pamela Capizzi.

The Democratic Forces for the Liberation of Rwanda (FDLR) are infamous for the atrocities they inflict on civilians in Eastern DRC – and for the impunity their members enjoy all too often. The tide is turning at last: two of them have been found guilty for the Nzovu massacre.

 

Who are the FDLR?

A heterogeneous militia composed of several thousand fighters, the FDLR have committed numerous massacres in Eastern DRC. Their crimes include sexual violence, the enrolment of child soldiers, extortion of local taxes and the looting of natural resources.

Highly mobile and operating in the country’s remotest regions, they enjoy considerable impunity. Very few of its members have to this day been brought to justice.

 

Countless crimes

The recent condemnation of two of them for the crimes committed in Nzovu could change the state of things and represent a significant victory against impunity in DRC.

These two FDLR members have participated to the attacks on villages in the Shabunda territory, including Nzovu, between December 2011 and January 2012. These incursions have claimed around forty lives, mainly of women and children. Fifty more victims have been gravely wounded.

 

Condemnations for war crimes

On 24 February 2017, Jean Bosco Sinzababanza and Victor Dufitimana were condemned to life imprisonment for war crimes, notably murder, sexual violence and seizure of property.

This verdict concludes a two-weeks itinerant trial, in which over a hundred victims were represented by a coalition of lawyers under TRIAL’s coordination.

“We are satisfied of the way the trial unfolded”, says Daniele Perissi, Head of TRIAL’s DRC program. “The amplitude of the crimes and unstable security conditions have made it hard, but the victims were adequately protected and their voice was heard.”

 

Will the victims be compensated?

The many victims who were represented have been awarded reparations ranging from $5’000 to $25’000, according to the prejudice. The Court ordered that the condemned should pay the price themselves.

Unfortunately, this means that victims may never receive a penny. The culprits probably lack the means to pay for all compensation.

“The Congolese State should have been found civilly liable for the crimes in Nzovu, because it failed to protect civil populations”, explains Daniele Perissi. “That way, it could have chipped in the victims could have received their due”.

 

After many months of silence, the verdict for the crimes committed in Mutarule has finally been made public. The massacre committed in 2014 against the village has been described as a crime against humanity and the victims will receive financial compensation.

Close to a hundred victims took part in the trial, including ninety-three who were represented by lawyers trained by TRIAL International. After tense hearings in August 2016, the South Kivu Military Court gave its verdict last week, acknowledging that crimes against humanity had been committed in Mutarule.

In spite of that, none of the three defendants have been convicted for crimes against humanity. One was acquitted. Another, Mr Sheria, the alleged leader of an armed group, was sentenced to 15 years in prison for illegal possession of war weapons – but not for his direct involvement in the massacre of 6 June, which according to the Court has not been proven. The third defendant was Major Kayumba, a representative of the Congolese army, who was sentenced to 10 years in prison for violation of orders.

 

Responsibility lies with the State

The Court did acknowledge, however, that Major Kayumba’s inaction paved the way for the massacre: “Kayumba’s poor or failed leadership, coordination, foresight and anticipation were at the root of the massacre in Mutarule”. As a result, the Congolese State was required to pay compensation to all the victims. Depending on the damage suffered, the reparations range from USD 3,000 to 60,000.

TRIAL International welcomes this decision, which must now be followed by effective action. The victims are also expecting concrete measures. “The reparations are a recognition of our rights and dignity”, explains one victim who wishes to remain anonymous. “The verdict is positive, but it will be of no use to us if it is not implemented”.

 

Impunity remains?

The Mutarule verdict is unusual in that it acknowledges the commission of crimes against humanity but does not prosecute the authors of these crimes. If the Court does not condemn anyone for these atrocious acts, it suggests that those responsible remain unpunished.

“The State must equip itself with the resources to identify and pursue those responsible, who must answer for their crimes,” concludes Daniele Perissi, head of TRIAL’s DRC programme.

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

Find out more about the Mutarule massacre

Find out more about the trial

 

Scarce progress was made by Mexico since the Committee on Enforced Disappearances issued its recommendations in 2015.  

Time passes and relatives of disappeared persons cannot count on effective mechanisms to establish the fate and whereabouts of their loved ones. In February 2015, the United Nations Committee on Enforced Disappearances (CED) formulated a list of recommendations to tackle what it defined “a situation of widespread disappearances in much of the State”. As of today, the level of implementation is far from satisfying.

The CED identified as priorities the establishment of a unified national register of disappeared persons; the establishment of an effective transnational mechanism to prevent and eradicate the disappearance of migrants; the adoption of adequate measures to search for, locate and release disappeared persons; and in the event of death, locate, respect and return their mortal remains to their families.

One year later, TRIAL International and its partners had already raised the alarm on the lack of implementation of CED recommendations. Following its findings, the CED considered Mexico’s action to fight enforced disappearances insufficient.

 

Two years on, little has changed

On 15 February 2017, TRIAL International and two Mexican NGOs submitted an updated follow-up report to the CED. The conclusions are grim and mirror last year’s findings: no updated unified national register of disappeared persons has been set up yet; the mechanisms created to deal with the disappearance of migrants struggle with practical obstacles; and the search of disappeared persons remains flawed and extremely slow.

There is little chance that Mexico will address the existing crisis soon, its lack of political will being evident. The onus also lies on the CED: in the face of Mexico’s inertia, it should look into innovative means to prompt the government into action – a country visit or a referral to the UN General Assembly, for instance.

Read the full follow-up report (in Spanish)

Read the executive summary (in English)

Significant victories have been achieved on victims’ right to reparation. Unfortunately, that right is unevenly applied throughout the country. 

18 months ago, Ana B. was the first victim to be granted compensation as part of a criminal proceeding. A significant precedent which paved the way for other survivors: since then, 4 more cases have entrenched this practice before the Court of BiH.

Unfortunately, lower courts have been slower to follow that example. Although TRIAL can boast one precedent (before the Doboj Court in September 2016), awareness is still sorely lacking.

“Victims should be able to uphold their right for compensations everywhere, regardless of where they seek justice” says Adrijana Hanusic Becirovic, Senior Legal Advisor at TRIAL.  “It is crucial that lower courts in both BiH entities follow the precedents we have set, or there will be double measures and inequality of treatments.”

 

Strategic litigation and advocacy

To facilitate access to reparations for all victims, TRIAL is combining strategic litigation and advocacy activities. On the one hand, the NGO have initiated two cases before entity-level court (respectively the Federation of BiH and the Republika Srpska). On the other, it conducts a series of meetings with legal professionals to sensitize them to the issue.

This week, a roundtable was held in Doboj, featuring TRIAL expert Adrijana Hanusic Becirovic, Prosecutor Milanko Kajganic, Judge Izudin Berberovic and Head of the Witness Support Office Alma Taso Deljkovic.

Participants include judges, prosecutors of lower level courts, representatives of the OSCE mission in BiH and NGOs. Local media have also covered the event.

Judge Berberovic, who was participating to the roundtable, concluded: “It is necessary to raise awareness among judges and prosecutors on this aspect of victim’s rights“.

To understand why compensation in criminal proceedings are important, click here.

 

Public Statement

A mere 24 months after their launch, the transitional justice (TJ) mechanisms of Nepal faced closing down. TRIAL International, REDRESS, HimRights, Advocacy Forum, JuRI-Nepal and the Discharged People’s Liberation Army Nepal welcome the government’s decision to extend their mandate by one year, but insist the process is accompanied by legislative changes and guarantees against political interference.

The story of Nepal’s TJ mechanisms has been one of delays, political meddling and faulty processes. Contrary to the spirit the Comprehensive Peace Accord, it took nine years for the Truth and Reconciliation Commission (TRC) and the the Commission of Investigation on Enforced Disappeared Persons (CIEDP) to see the day – yet they were only granted two years to fulfill their colossal mission.

Together, the TRC and the CIEDP have received over 61’000 complaints and cases of rights violations committed during the decade long armed conflict. But inherent flaws have seriously impeded their work from the outset: a lack of consultation with victims in the early stages; politicization of the process to appoint commissioners; loopholes in the existent legal framework; inadequate resources and little government support. Without surprise, neither the TRC nor the CIEDP are close to finishing their tasks.

In fact, they have arguably not even started their core functions: so far nothing more concrete than internal regulations have been adopted. No investigation has been carried out, no case has been recommended for prosecution, no report has been published and no reparative measures have been recommended.

Despite these shortcomings, the TRC and the CIEDP remain victims’ best chance to access truth and obtain reparations. The tens of thousands who have filed their complaint – in spite of significant hurdles – cannot simply be ignored.

A welcome but insufficient move

The government’s decision on 9 February to extend the mechanism’s mandate by 12 months is a positive one. But to be meaningful, that extension must go hand in hand with legal improvements: the criminalization and retroactive application of crimes of torture, enforced disappearance and use and recruitment of child soldiers, as well as the lifting of statutes of limitations for rape, murder and torture. Legal ambiguity on the relationship between the criminal justice system and the transitional justice bodies should also be clarified. These changes should be implemented in meaningful consultation with stakeholders, including victims’ communities and civil society.

The bodies will also have to clarify their internal policies and processes: under which criteria will cases be recommended for prosecution? Which safeguards are in place to prevent political interference? How will reparation packages operate and what will be their scope? How will victims and witnesses be protected from potential reprisals?

The extension of the mechanism’s mandate offers victims a short respite. For their sake, all parties must now come together and build at last a credible transitional justice system.

TRIAL International
REDRESS
HimRights
Advocacy Forum
JuRI-Nepal (Justice and Rights Institute-Nepal)
Discharged People’s Liberation Army Nepal