Author: Communication Department

Authoritarian and dictatorial regimes are not alone in attacking human rights. In a globalized economy, where multinational companies compete with states for power, abuses committed by some economic actors show that companies and individuals engaged in commercial and financial activities can also cause significant violations of international law.

© Guy Oliver / IRIN

When such violations are committed by economic actors linked to authoritarian regimes, they undermine democratic tran- sition, respect for human rights, and the rule of law, and can contribute to environmental degradation and serious health damage. In this sense, there is an urgent need to hold these actors accountable in order to strengthen international peace and security, as well as to bring about a global economic system where human dignity is universally respected.

For many years, TRIAL International has been increasing its efforts in the fight against impunity of economic actors in the context of conflicts and situations of generalized violence. Our International Investigations and Litigation program, launched in 2011, documents violations and files complaints to bring to justice individuals and companies suspected of committing or being complicit in international crimes.

  • In 2011, together with the Palestinian NGO Al-Haq, we filed a complaint against the Swiss subsidiary of the US company Caterpillar for allegedly aiding and abetting the commission of war crimes in the occupied Palestinian territories, by exporting bulldozers used to destroy civilian homes. While the Office of the Attorney General of Switzerland (OAG) found that the Israeli defense forces may well have committed war crimes by using these bulldozers, it ruled that the company could not be held complicit in such acts.
  • In 2013, together with Open Society Justice Initiative, we filed a complaint against the Swiss gold refinery Argor-Heraeus SA for allegedly being complicit in looting, by refining gold illegally extracted from mines in a conflict zone in the De- mocratic Republic of Congo. Here again, although it was not disputed that the gold in question had been looted, the OAG ruled that the company was not criminally responsible.

Since these two setbacks, things finally seem to be moving in a positive direc- tion. The new Attorney General of Switzerland publicly stated last summer that he would look more actively into certain cases that might give rise to suspicions of looting.

Investigations are underway and trials may soon be initiated, finally challenging the criminal responsibility of economic actors in the commission of war crimes. TRIAL International filed three complaints, relating to the plundering of natural, mineral, and energy resources during conflicts in Casamance, the Democratic Republic of Congo, and Libya, before the OAG. Looting is a war crime that, when committed by economic actors, has never been prosecuted since the end of the Second World War! It is high time for the courts to start giving principled judgments which could influence the practice of multinational companies and rogue businessmen, whose actions help fuel conflicts and fund armed groups that commit grave violations.

These procedures are slow and laborious. For our part, we will continue to work tirelessly to ensure that companies, regardless of their size, structure, or nature of activity, comply with international law. Your support remains paramount for these cases as for all the others we are pursuing today, in Switzerland and around the world.

Support our fight against impunity. Donate today!

The many cases won in 2022 could not have been possible without your support. The entire TRIAL International team is very grateful to you. We pledge to continue this fight in 2023 and to work every day to achieve truth, justice, and reparations for victims and survivors of the worst forms of violence. Donate to be a part of it too!

Alleged Gambian ‘Death Squad’ Driver’s Trial Progresses

(Berlin, January 19, 2023) A Ghanaian citizen who survived the massacre of approximately 59 West African migrants in July 2005 by a paramilitary ‘death squad’ in Gambia will testify before a court on 19 January 2023 in the German city of Celle, ANEKED, Human Rights Watch, the International Commission of Jurists, the Solo Sandeng Foundation and TRIAL International said today. The death squad was allegedly set up by the then-Gambian President Yahya Jammeh. The trial is of Bai L. who was allegedly involved in the killings.

Martin Kyere, the only survivor of the migrant massacre, in front of his portrait at the Memory House in Aneked. Gambia, 2022

Along with a group of other West African citizens, including from Ghana, Nigeria, Senegal, Ivory Coast and Togo, Martin Kyere, the Ghanaian who will testify, was arrested by the Gambian security forces in the city of Barra in July 2005. Jammeh apparently suspected that the migrants were mercenaries plotting a coup against him and is alleged to have ordered the “Junglers” death squad to kill the migrants. Only Kyere managed to escape and he has since been rallying the victims’ families and demanding justice.

“Myself and all the families of the victims are praying every day for the perpetrators of the 2005 massacre to be brought to justice” said Oduro Mensah, brother of a Ghanaian victim of the massacre. “Martin’s testimony is very important because it will contribute to shedding light on the events that took my brother away from me”.

In March 2021, German authorities arrested Bai L., an alleged member of the Junglers who was living in Hannover. His trial began on April 25, 2022 and is expected to come to a close soon. This is the first trial based on universal jurisdiction judging atrocities committed during Jammeh’s rule. Another alleged Jungler, Michael Correa, was indicted in the United States in June 2020. Correa faces charges of torturing detainees following an attempted coup in Gambia in 2006. In Switzerland, an investigation against former Interior Minister Ousman Sonko for crimes against humanity has been ongoing since his 2017 arrest.

This trial of Bai L. is possible because Germany recognizes universal jurisdiction over certain serious crimes under international law, allowing for the investigation and prosecution of these crimes no matter where they were committed, and regardless of the nationality of the suspects or victims. German authorities have been leaders in prosecuting universal jurisdiction cases, the human rights groups said.

German prosecutors accuse Bai L., as a Jungler, of driving his accomplices to various crime scenes between December 2003 and December 2006. He is accused of involvement in the murder of Deyda Hydara, a journalist and co-founder of the Gambian newspaper the Point; the murder of Dawda Nyassi, a perceived opponent of the former president; and the attempted murder of Ousman Sillah, a lawyer. In its final report, the Gambia’s Truth, Reconciliation and Reparations Commission (TRRC) called for Bai L.’s prosecution in connection with the Hydara and Sillah cases, as well as in the murder of the West African migrants in 2005. Bai L. himself provided details about these events in 2013 and 2014 radio interviews.

In October 2022, Bai L. offered a statement for the first time since the beginning of his trial, in which he asserted that the details shared on these murders during the 2013 and 2014 interviews were based on elements narrated to him by others, and that he had not been part of the Junglers.

Other witnesses who testified thus far included German investigators; former Gambian soldiers; the German asylum judge who interviewed Bai L.; and Ida Jagne and Nian Sarang Jobe who were both passengers in the car Deyda Hydara was driving when he was killed. Pap Saine, co-founder with Deyda Hydara of the Point newspaper; as well as journalist Baba Hydara, son of Deyda Hydara; Fatou Sillah, daughter of Ousman Sillah; and Omar Nyassi, son of Dawda Nyassi, also testified.

Dr. Peer Stolle, Kyere’s lawyer, said that: “Martin Kyere’s testimony is very important for the trial, because he is the sole known witness who survived the massacre. His statement will illustrate once again the widespread nature of the attack against the civilian population as ordered by President Jammeh and executed by the Junglers.”

Jammeh’s 22-year rule was marked by systematic oppression and widespread human rights violations, including torture, extrajudicial killings, enforced disappearances, and sexual violence against actual and perceived opponents. Although the killing of these migrants is one of the deadliest atrocities committed during Jammeh’s regime, their families are still waiting for justice and accountability. Kyere’s tireless commitment to truth and justice led him to travel across Ghana to find the families of the people who had travelled with him, which shed light on the massacre.

Jammeh-era officials allegedly obstructed past attempts to investigate the massacre, including the joint-investigation by the United Nations and the Economic Community of West African States (ECOWAS) in 2008.

The “Jammeh2Justice” campaign, made up of victims of the former regime and Gambian and international activists, has said that the government should take concrete steps to bring Jammeh and his accomplices to justice.

The Gambian attorney general Dawda Jallow and ECOWAS President Omar Touray recently began discussions about creating a hybrid court “for the prosecution of human rights violations by and under former President Jammeh.” The government has also announced plans to create a special prosecutor’s office to prepare evidence for trial.

 

For More Information, please contact:

Peer Stolle, lawyer for Martin Kyere and Ida Jagne, in Berlin (German, English): stolle@dka-kanzlei.de, +49 30 446792 16

Patrick Kroker, lawyer for Baba Hydara and Omar and Modou Nyassi, in Berlin (German, English, French): info@patrickkroker.net, +49 170 8136258 ; Twitter: @pkroker2

Nana-Jo Ndow, ANEKED, in Berlin (English, French, Spanish, Portuguese), nanajo.ndow@aneked.org, +49 17628233831; Twitter: @theANEKED

Reed Brody, International Commission of Jurists, in Barcelona (English, Spanish, French, Portuguese): reedbrody@gmail.com, +1-917-388-6745; Twitter: @reedbrody

Elise Keppler, Human Rights Watch, in New York (English, French): kepplee@hrw.org, +1-917-687-8576; Twitter: @EliseKeppler

Olivia Gerig, Media Relations Officer, TRIAL International, in Geneva (French, English, German), o.gerig@trialinternational.org, +41 22 321 61 10; Twitter: @Trial

 

 

 

 

On the 13th of December 2013, alerted of his presence in Switzerland, TRIAL International filed a criminal denunciation against Rifaat Al-Assad before the Office of the Attorney General of Switzerland (OAG) for his alleged responsibility in the massacre that took place in the Syrian city of Hama in February 1982.

Today, TRIAL International and the Syrian human rights defender Anwar Al-Bunni discuss the key moments of the case, which is still being investigated in Switzerland and not yet closed, nine years after the opening of the proceedings against the man known as “the Butcher of Hama”.

Photo of destruction in Hama following the Hama Massacre in 1982
Photo of destruction in Hama following the Hama Massacre in 1982.

A procedure that crystallizes a lot of hope…

On the 19th of December 2013, a criminal investigation for war crimes was opened in Bern against Rifaat Al-Assad – the uncle of the current Syrian president – who was leading the “Defense brigades” back in February 1982. Al-Assad’s troops allegedly participated in the siege and assault of the city of Hama alongside regular Syrian army. During almost a month, Hama’s inhabitants were trapped under constant artillery bombardments, without electricity nor access to any supply.

According to various sources, several tens of thousands of people – civilians for the majority of them – have died in one of the worst bloodsheds in Syrian history. Entire neighborhoods have been destroyed during the almost four weeks of attack.

Anwar Al-Bunni remembers : « I was still living in Syria when I heard that a criminal investigation had been opened against Rifaat Al-Assad in Switzerland. I was very happy that an organization felt concerned about Hama. This case was the demonstration that the prosecution of regime members was indeed possible. It was going to pave the way for other criminal proceedings”.

More than 40 years after the massacre, the need for Rifaat Al-Assad’s prosecution remains undeniable and the hopes to see an indictment and a trial in this case are still unaltered.

According to Anwar Al-Bunni “the Hama massacre has been a turning point in the takeover of the country by the Assad’s clan. Beyond the individual criminal prosecution of Rifaat Al-Assad, this case also highlights the responsibility of his brother Hafez and of other high-level officials of the regime”, which is another reason why it is now crucial that justice be done for the victims of the regime.

 

…and uncertainties

Within the course of the investigation, Rifaat Al-Assad was briefly heard in September 2015 by the OAG as he was, once again, on the Swiss territory. This was the only hearing of the suspect, which took place several years before he fled Europe to return to Syria, where he remains and is protected by the regime.

Indeed, in October 2021, Rifaat Al-Assad fled from France, where he was residing, despite his conviction in 2020 to four years in prison for financial offences (money laundering and embezzlement). This conviction was confirmed in appeal and then definitively upheld by the Cour de Cassation on the 7th of September 2022.

According to Anwar Al-Bunni, «the news about his escape was a huge disappointment for the Syrians and the circumstances of his departure leave many unanswered questions. How France allowed him to leave the territory while he had been criminally convicted and was under judiciary control? ».

In Switzerland, the criminal procedure on the Hama massacre does not seem to have substantially progressed since his departure. According to Benoit Meystre, legal adviser at TRIAL International, « the suspect’s return to Syria does not mean that justice cannot be done. The authorities must continue their work in accordance with Switzerland’s international obligations, bring their investigation to an end and send Rifaat Al-Assad to trial».

Considering that the suspect is currently 85 years old, it is all the more necessary that steps be taken shortly to bring him to trial.

[ VIDEO]: Syria – Time for Rifaat Al-Assad to go on trial for the Hama massacre!

Universal jurisdiction: a tool at the service of justice and victims of the crimes committed in Syria

The application of universal jurisdiction – this legal instrument that allows for Rifaat Al-Assad’s prosecution in Switzerland even though the massacre was committed in Syria – has already proven efficient with regard to the crimes committed in the country. This was particularly the case in Germany where the historical trial of Anwar Raslan, a former senior official of the regime, took place and saw his conviction to life in prison in January 2022 for numerous acts of torture, murders and sexual violence as crimes against humanity.

« The Koblenz trial highlighted the crimes against humanity committed by the regime. It brought light into the darkness» Answar Al-Bunni explains before adding that : « the criminal proceedings initiated on the basis of universal jurisdiction are highly important as they send a strong message to the perpetrators of the Syrian crimes. They won’t be able to hide and they are not untouchable anymore».

In this respect, Anwar Al-Bunni insists on the need for ever greater cooperation between Syrian and international organizations as well as for more effective means provided by the Sates to prosecute the perpetrators of the abuses committed in Syria: «There are currently ten ongoing procedures against Syrian alleged perpetrators in the Netherlands, Germany, Sweden, Belgium, Austria and Switzerland and these States must work together to achieve more effective justice».

Anwar Al-Bunni reminds us that the prosecution and conviction of Syrian perpetrators on the basis of universal jurisdiction « also send an important message to the victims of crimes committed elsewhere in the world, particularly in Turkey, Egypt, Iran, Yemen, Algeria, Tunisia, Venezuela».

 

The courage of the victims to be highlighted

Criminal proceedings initiated against perpetrators of the Syrian regime could not take place without the victims’ participation, whose courage and perseverance constitute examples of humility. According to Anwar Al-Bunni’s words: « I am proud of the courage demonstrated by the victims who take risks in providing their testimonies in these proceedings so that justice can be served, while some of them still have family in Syria».

When he is asked what he would like to tell them, Anwar Al-Bunni answers without hesitation: “I would like to encourage the victims to stay strong. The stronger they will be, the weaker the perpetrators will be ».

 

Anwar Al-Bunni :

Anwar Al-Bunni was born in Hama in 1959. He is a lawyer and human rights defender. In Syria, he has represented many political prisoners before being incarcerated for his activism. He fled from Syria in 2014 and was granted asylum in Germany where he currently resides. He is at the origin of the prosecution and conviction of Anwar Raslan in this country.

Anwar Al-Bunni has been listed amongst the hundred most influential persons of 2022 by the Time magazine for his fight against impunity of the crimes committed in Syria together with his fellow Syrian lawyer, Mazen Darwish.

 

Read the article in Arabic here

On 14 July 2022, Brčko District of Bosnia and Herzegovina (BDBiH) passed a law on civilian victims of war, with a groundbreaking innovation that legally recognises children born of wartime sexual violence (“children born of war”). This report analyses the importance of the law in comparison to previous foreign domestic and international efforts as well as other policies concerning children born of wartime rape.

Sarajevo, November 21th – Presentation of the report during a press conference titled ” What is justice for children born of war” © TRIAL International

Three conclusions are made. First, before Bosnia and Herzegovina (BiH), Norway and Colombia were the only states that recognised and compensated children born of war through law. The former had a brief, one-time payout programme in 2006, while the latter had delineated comprehensive legal rights in addition to reparations. This report compares the more extensive Colombian law with that of BDBiH, illustrating how the Colombian law is stronger by entitling these children to material reparations, whereas the BDBiH law only provides legal recognition without additional benefits. Nevertheless, BiH remains one of the very few states that have legally addressed a population so universally ostracised during and after armed conflict.

Second, besides Norway and Colombia, legislative recognition of children born of war is non-existent in other countries. Libya has committed to recognise a separate legal status for them via a ministerial decree, but this did not equate to legislation. Uganda has promised reparations via a national policy, but a law on reparations has not passed. Elsewhere, domestic courts (Bangladesh) and truth commissions (East Timor) have ordered governments to implement reparations for children born of war, but these have never manifested in law. Other countries (Iraq and Syria) have legislated to support survivors of sexual violence, but omit children born therefrom. This renders the BDBiH law a uniquely rare legal tool.

?  Ariq Hatibie analyses the BDBiH law in comparison to previous foreign domestic and international efforts to address the rights and needs of children born of war.

Third, the BDBiH law is the first to respond to very recent calls by the UN Secretary- General; the human rights treaty committees (CEDAW, CRC); model legislation written by the Special Representative on Sexual Violence in Conflict; and precedents set by international courts, to protect children born of war. These bodies have emphasised that children born of war are a category of victims that has been unaddressed by states, imploring states to create legislation to recognise and address their rights, needs and the issue of stigmatisation. The BDBiH law answers these calls for national legal action.

The report was written by Ariq Hatibie, student at Harvard Law School

The work on this document was made possible thanks to support from the Government of Luxembourg and Rockefeller Brothers Fund.

In Bosnia and Herzegovina, in the Democratic Republic of the Congo, and during so many other conflicts, sexual violence has been used as a terrible weapon of war. Is justice for victims of such crimes even possible? 

Recent developments tend to show that even if justice processes are long, complicated and fraught with risks, courageous survivors and pioneering civil society organizations can work together to make the question for justice possible.

Drawing on the results achieved in Bosnia and in the DRC, two of TRIAL International’s legal advisors present some very concrete examples of the work that can be done to support victims and survivors in achieving justice: bringing perpetrators to account, obtaining reparations and making sure victims and survivors do not suffer from stigma and rejection, by the authorities or their own communities.

This podcast is a conference recorded on October 14th at the FLUX Laboratory, on the occasion of TRIAL International 20th anniversary

With 

  • Chiara Gabriele – Democratic Republic of the Congo Program
  • Adrijana Hanušić Bećirović – Bosnia and Herzegovina Program

Moderator

  • Thomas Hunger, Independent expert on transitional justice

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?️​ Chiara Gabriele is Senior Legal Adviser for the Great Lakes program at TRIAL International. She frequently travels to the Democratic Republic of the Congo where she works with local lawyers to bring mass crimes cases to trial. A recent success was the Kokodikoko judgement, in which over 300 victims of crimes against humanity, including rape and sexual slavery, obtained justice. Chiara has a specific expertise on audiovisual evidence in criminal trials: she is the Editor of TRIAL International’s Manual on audiovisual evidence in international criminal proceedings. Chiara is also currently serving as an Advisory Council Member at the Panzi Foundation, supporting survivors of conflict-related sexual violence receiving holistic care for the violations they suffered.

?️​ Adrijana Hanušić Bećirović is a Senior Legal Adviser for the Bosnia and Herzegovina program at TRIAL International, where she supports the fight against impunity for international crimes and represents victims of war crimes in their quest for justice and reparation. A major success achieved in B&H and the Western Balkans was triggering a breakthrough in the judicial practice through ensuring for victims of conflict-related sexual violence access to compensation in criminal proceedings. From 2019 to 2021, Adrijana was serving at the UN Secretary-General’s Civil Society Advisory Board on prevention of sexual exploitation and abuse. She is also occasionally serving as a human rights consultant to international organizations like the EU, UNDP and OSCE, as well as to various NGOs in Bosnia and Herzegovina and abroad.

11 years after his arrest in Geneva, the procedure against Khaled Nezzar is still ongoing in Switzerland. TRIAL International still hopes for an indictment in the near future

On 20 October 2011, the Algerian general Khaled Nezzar was arrested in Geneva following a denunciation filed by TRIAL International and two criminal complaints from victims who had been tortured during the so-called black decade. Following a 48-hours questioning by the Office of the Attorney General of Switzerland (OAG), he was released on the condition that he attends the subsequent hearings. His final hearing in February 2022 allowed the victims as well as TRIAL International, which accompanied them for eleven years, to foresee the possibility of an indictment in a near future. However, his age and his deteriorating health, as rumors suggest, may jeopardize the holding of a trial.

The long-running procedure initiated in 2011 in Switzerland represents the only chance for the Algerian victims’ voice to be heard and for them to obtain justice. Switzerland’s role in this case is therefore highly important. The OAG suspects Khaled Nezzar of having participated, as an accomplice, in multiple war crimes (murder, torture, inhuman treatment, illegal detention) as well as in manslaughters committed in the context of a systematic and widespread attack against the civilian population between January 1992 and January 1994 in Algeria, when he was the leader of the military junta in power and serving as Minister of Defense.

After many judicial twists and turns, the opening of a trial in Switzerland against the former Minister of Defense would mark a historical precedent. Indeed, that would be the first time ever in the world that such a high-level individual would have to answer for war crimes and crimes against humanity before a national court in application of the principle of universal jurisdiction. In Switzerland, while other cases based on the same principle are currently under investigation, the trial of Khaled Nezzar would only be the second to be held before the Federal Criminal Court in Bellinzona in application of this principle.

The procedure, which in itself lasted longer than the actual Algerian civil war, has been made possible thanks to the courage of the victims and the presence of TRIAL International as well as committed lawyers at their side. However, worrying rumors on the health of the soon-to-be 85-year-old Khaled Nezzar raise the concern that he may never be held accountable before Swiss courts.

According to Benoit Meystre, legal advisor at TRIAL International, “in the event of Khaled Nezzar’s death, the closure of the proceedings would be devastating news for all the victims of the Algerian black decade and would be perceived as a failure of the Swiss prosecution authorities.

If the road to justice can often be long, this is all the more true in this case. The victims of the so-called dirty war have now been waiting for more than 30 years for justice. TRIAL International and the victims continue to believe that an indictment will be issued soon and do not lose hope of seeing Khaled Nezzar sitting in the dock of the Federal Criminal Court.

At the beginning of the “black decade” in Algeria, which allegedly left 200,000 people dead or missing between 1992 and 2000, Khaled Nezzar was leading the army as Minister of Defense and de facto leader of the military junta, hence leading the troops that committed so many atrocities. Grave human rights violations were widespread, and the use of torture was systematic. Total impunity unfortunately prevails up to this date for these crimes.

Survivor to testify at German Trial of Alleged Gambian ‘Death Squad’ Driver

Trial of Jammeh-Era Abuses moves forward in Germany while Gambia waits for accountability

Portrait of Deyda Hydara

(Berlin, 6 October 2022) A woman who survived the murder of a renowned Gambian journalist will testify on 6 and 7 October in the German city of Celle at the trial of a man allegedly involved in the killing, human rights groups said today.

Ida Jagne, who was in the car with newspaper editor Deyda Hydara when he was killed in Gambia in 2004, will tell her story in public for the first time at the trial of Bai L., an alleged member of the “Junglers,” a paramilitary “death squad” set up by then-president Yahya Jammeh in the mid-1990s. Jagne is a joint plaintiff in the case.

The trial of Bai L., who had been living in Hannover, began on April 25, 2022 and is expected to last at least until early 2023. Bai L., who has so far remained silent, has indicated, through his lawyers, that he will make a statement in the coming weeks.

Jammeh’s 22-year rule was marked by systematic oppression and widespread human rights violations, including torture, extrajudicial killings, enforced disappearances, and sexual violence against actual and perceived opponents to his rule. German prosecutors accuse Bai L. of being a former Jungler driver involved in the Hydara murder, the attempted murder of the lawyer Ousman Sillah, and the murder of Dawda Nyassi, a perceived opponent of the former president.  In its final report  released on December 24, 2021, Gambia’s Truth, Reconciliation and Reparations Commission (TRRC) called for Bai L.’s prosecution in connection with the Hydara and Sillah cases, as well as in the murder of 59 West African migrants in 2005.

Witnesses to testify thus far have included German investigators, former Gambian soldiers, and the German asylum judge who interviewed Bai L., Njan Sarang Jobe, the other passenger in the car, Pap Saine, the co-founder with Deyda Hydara of the Point newspaper, also testified, as did Fatou Sillah, daughter of Ousman Sillah,  and Hydara’s son, the journalist Baba Hydara, who is also a joint plaintiff in the case. Fatu Camara, a leading Gambian journalist and host of the Fatu Network, who interviewed Bai L. in 2014, is expected to testify on 3 and 4 November.  The court has also used as evidence the report of TRRC, and a 2013 interview Bai L. gave to the Gambian Freedom radio station in which he described his participation in the alleged crimes as well as in several others.

The Celle trial is the first to prosecute on the basis of universal jurisdiction crimes committed in Gambia during the Jammeh era. Another alleged Jungler, Michael Correa, 43, was indicted in the United States in June 2020. Correa faces charges of torturing detainees following a failed coup attempt in Gambia in 2006. In Switzerland, an investigation against former Interior Minister Ousman Sonko for crimes against humanity has been ongoing since his 2017 arrest.

In Gambia, the TRRC called for the prosecution of Jammeh and scores of others. A government White Paper, issued in May 2022, accepted this recommendation.  Gambia’s Minister of Justice Dawda Jallow has said that the prosecution of Jammeh, who is in exile in  Equatorial Guinea, and his leading accomplices, will “probably” entail the creation of a hybrid court in partnership with the Economic Community of West African States (ECOWAS), in keeping with the consensus reached in a series of meetings convened by the Gambia Bar Association.  No moves have been taken, however, to create such a court. The “Jammeh2Justice” campaign, made up of victims of the former regime and Gambian and international activists, has called on the government to take concrete steps to bring Jammeh and his accomplices to justice.

“The cases against Jammeh’s alleged accomplices in Germany, Switzerland and United States have shown us that justice is possible,“  said Fatoumatta Sandeng, spokesperson of the “Jammeh2Justice” campaign. “Now it’s time for The Gambian government to act on its commitment to bring to justice Jammeh himself and those perpetrators in The Gambia.”

The human rights groups involved in the Bai L. case include the African Network against Extrajudicial Killings and Enforced Disappearances (ANEKED), the European Center for Constitutional and Human Rights (ECCHR), the Gambia Center for Victims of Human Rights Violations, the International Commission of Jurists (ICJ), Reporters Without Borders, the Rose Lokissim Association, the Solo Sandeng Foundation, and TRIAL International.

For More Information, please contact:

Reed Brody, International Commission of Jurists, in Barcelona (English, Spanish, French, Portuguese): reedbrody@gmail.com, +1-917-388-6745 ; Twitter: @reedbrody

Nana-Jo Ndow, ANEKED, in Berlin (English, French, Spanish, Portuguese), nanajo.ndow@aneked.org, +49 17628233831

Patrick Kroker, lawyer for Baba Hydara, in Berlin (German, English, French): info@patrickkroker.net, +49 170 8136258 ; Twitter: @pkroker2

Fatoumatta Sandeng, Spokesperson Jammeh2Justice Campaign, in Düsseldorf (English, German, Wolof, Mandinka), teemasandeng@gmail.com, +49 1631747519

Olivia Gerig, Corporate Communications and Media Relations Officer, TRIAL International, in Geneva (French, English,German), o.gerig@trialinternational.org, +41 22 321 61 10 ; Twitter : @Trial

Victims of war crimes are now victims of failed reparations mechanism

Sarajevo and Geneva, 26th of September – A growing number of wartime torture victims in Bosnia and Herzegovina are forced to pay thousands of Euros in court fees to Republika Srpska, one administrative unit of the country, after their claims for compensation were dismissed on statute of limitations grounds. In the absence of a comprehensive administrative reparation programme, many victims have decided to seek compensation through civil proceedings in the courts.

From 2007 to 2010, victims initiated legal proceedings against administrative units of BiH, and sometimes the state itself, in order to seek compensation. In 2014, the Constitutional Court of BiH ruled that application of statutes of limitations to such lawsuits should be applied. Such a practice is contrary to international standards which dictate that statutes of limitations should not be applied to claims for redress, compensation and rehabilitation needed by victims of certain crimes. Some even called it “illegal”.

“As a result, the claims of victims of war crimes were rejected, and in addition, they were obliged to pay very high costs of the proceedings. Given that these citizens are mostly of poor financial standing and that many of them cannot pay the costs, enforcement proceedings are being initiated. There are instances when their property is taken away by officials. Some of the victims had suicidal thoughts when they received a writ notifying them of scheduled enforcement hearings”, said Adrijana Hanušić Bećirović, senior legal advisor of TRIAL International.

While in most of the country survivors have been exempted from paying such fees, in Republika Srpska property seizures are ongoing. Bahrudin Mujkić survived being brutally tortured in four prisons and two detention camps in 1992. He was severely beaten and starved as he watched his friends and neighbours being tortured. Every day he feared that he would be killed. Today, he still lives with permanent physical and psychological consequences. Instead of receiving justice and compensation for his sufferings, he now feels as if he is being made a victim again.

“I lost my youth in those camps. Just hearing those cries, seeing the breaking of people, it was too much. I wanted at least to see the perpetrators punished. Instead, my authorities imposed a “judicial order to garnish my EUR 245 pension check”, said Bahrudin Mujkić.

Bahrudin’s story is just one of many similar stories of war-related torture victims who sought compensation for the crimes they survived. Although there is no official data on the number of people who suffered severe forms of torture during the war in BiH, according to the data of the BiH Union of Camp Detainees, there are several hundred thousand of them.

In 2018 the Constitutional Court ruled that the imposition of such fees in one particular war crimes case violated the victim’s right of access to courts and to property. The FBiH Attorney’s Office and the BiH Attorney General’s Office waived their claims for the costs of the proceedings following the adoption of this judgment. Still, a significant number of courts in Republika Srpska continue to impose court fees on victims, leading to inconsistencies in the exercise of victims’ rights to reparations in the country.

A recent report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-repetition on his visit to BiH, presented at the 51st session of the Human Rights Council, found that “This practice is as unethical as it is unacceptable, and runs contrary to the international standards on the protection of victims of serious violations of human rights and international humanitarian law.

TRIAL International prepared a video on this issue, focusing on the detrimental financial, moral and psychological consequences it may have on victims. The video can be found at this link : https://youtu.be/721RYWkaRN8

 

 

TRIAL International prepared a video on this issue, focusing on detrimental financial, moral and psychological consequences it may have on victims. Video can be found here :

In partnership with over 50 NGOs, TRIAL International co-signed a letter to the Permanent Representatives of Member and Observer States of the United Nations Human Rights Council, asking for the renewal of the Special Rapporteur’s mandate.

A general view of participants during the 29th Regular Session of the Human Rights Council. 3 July 2015. UN Photo / Jean-Marc Ferré

“At the 48th session of the UN Human Rights Council, in October 2021, the Council established a special procedure on Burundi. The new Special Rapporteur mandate includes critical monitoring, reporting, and technical advice components. The Council’s decision to discontinue the mandate of the Commission of Inquiry (CoI) at the same time ended the only international mechanism tasked with investigating violations and identifying alleged perpetrators of human rights violations and abuses in Burundi with a view to ensuring full accountability. In this context and amid serious ongoing human rights concerns, it is vital that the Special Rapporteur is able to fulfil his mandate. (…)

We believe that all components of the Special Rapporteur’s mandate can contribute to im¬proving Burundi’s human rights situation. We stress, however, that the Special Rapporteur needs time to fulfil his mandate. Ahead of the Council’s 51st session, we urge your delegation to support the ex¬tension of the Special Rapporteur’s man¬date for a further year to ensure that the Coun¬cil continues its scrutiny and pursues its work towards justice and accountability in Burundi. (…)

Since the Special Rapporteur’s mandate was operationalised, the human rights situation in Burundi has not changed in a substantial or sustainable way. (…)

Serious violations continue, including those that previously led the CoI to conclude that crimes against hu¬ma¬nity may have been committed. (…) Impunity remains widespread, particularly relating to the grave crimes committed in 2015 and 2016. Police and security forces, the National Intelligence Service (SNR), and the Imbonerakure (the ruling CNDD-FDD party youth wing) are responsible for most of these violations. (…)

In the absence of structural improvements and as grave human rights violations and abuses continue to be committed with impunity, the Council should adopt a resolution that reflects realities on the ground and ensures continued monitoring, reporting, and public debates on Burundi’s human rights situation. It should grant the Special Rap¬porteur the time he needs to fulfil his mandate and urge Burundi to cooperate with him, including by granting him access to the country.
At its 51st session, the Council should adopt a resolution that extends the mandate of the Special Rapporteur on Burundi for a further year.”

Read the full letter in English

[ VIDEO] Why do sexual violence cases related to the war in Ukraine go underreported? What legal avenues and models of support can help survivors obtain justice? In this video, we try to bring some answers.

Swiss authorities are willing to prosecute Swiss economic actors for war crime of pillage, according to an op-ed by Attorney General Stefan Blättler in the newspaper Le Temps, published on July 13th, 2022. Our director Philip Grant explains why this announcement is groundbreaking

 

Sarajevo, 2 August 2022 – After years of struggle to obtain recognition of their existence and their status, as well as the long-lasting psychological, economic and social impact on their everyday lives, children born as a result of wartime rape have at last been acknowledged as civilian victims of war, for the first time in Bosnia and Herzegovina (BiH). On 14 July 2022, the Brčko District, one of the three administrative units of BiH, took the first significant step to grant them such status within the newly adopted Law on Civilian Victims of War.

“We welcome this significant step forward, the value of which is primarily reflected in the symbolic act of the final legal and social recognition of children born as a result of wartime rape as a special category of civilian victims of war”, said Adrijana Hanušić Bećirović, Senior Legal Advisor of TRIAL International. The organization, jointly with the association Forgotten Children of the War, has been advocating for some time for the recognition of the status of children born of wartime rape.

For years, the rights of children born of rape during the 1992-1995 war constituted a topic that was often avoided and ignored in BiH. The indifference and the taboo around this subject lead many of them to feel “forgotten”. Unfortunately, there is no official data on the exact number of these children as no records have been kept of their births, which only further highlights a lack of systematic support.

“Children born of wartime rape have always been a neglected category in our society. This is an important step in the global fight for human rights”, said Ajna Jusić, herself a child born of wartime rape and the president of Forgotten Children of the War.

In BiH, children born of wartime rape are facing numerous problems tied to their identity, including stigmatisation, marginalisation and isolation. Mothers often raised them in difficult socio-economic conditions, without any additional support. Therefore, the recent recognition is not only significant for the children themselves but also for their mothers.

“We are very happy and proud and would like to thank our mothers. We applaud them for their strength. We congratulate them because this is a very important moment in their lives. They are aware that their children will at last have an opportunity to enjoy their basic human rights and be part of the society, which is what they always wanted”, added Ajna Jusić.

Discover the testimony of Ajna Jusić, child born of the war:

This historic step is not only first of its kind for BiH, but for Europe as well, as this is the first time on the continent that these children are recognized as a specific category of victims of war. This comes after the UN Secretary General and various UN human rights bodies have recently called for national legislation to address the needs of children born of war. The move also resonates with recent decisions taken by the International Criminal Court confirming that children born of rape and sexual slavery are direct victims, eligible and deserving of reparation.

TRIAL International is a non-governmental organization fighting impunity for international crimes and supporting victims in their quest for justice. TRIAL International takes an innovative approach to the law, paving the way to justice for survivors of unspeakable sufferings. The organization provides legal assistance, litigates cases, develops local capacity and pushes the human rights agenda forward.

“A momentous step recognising children born as a result of wartime sexual violence as a separate category of victims. Such children will be given special consideration in the investigations and prosecutions by my office”, commented Karim Khan, the International Criminal Court’s Chief Prosecutor.

However, the newly adopted law in the Brčko District is not without flaws. Although children born as a result of wartime sexual violence can obtain the status of civilian victims of war, the law does not provide any additional rights for them, such as support in obtaining education and scholarships, which was one of their main demands.

“Children born of wartime rape never had any opportunities in their lives. I am 29 years old and I never had the chance to get a scholarship”, said Ajna Jusić.

Furthermore, according to the new law, only children whose mothers endured wartime rape and have previously been recognized in the administrative procedure as civilian victims of war, can obtain this status. Not only is the number of conflict-related sexual violence survivors that received this status in BiH staggeringly low, amounting to around 1,000 survivors out of an estimated 20,000 victims of these crimes, but also many children were placed for adoption and are not in contact with their biological mothers.

“This is an unduly restrictive provision which will also lead to the exclusion of children like those whose mothers were not ready to seek recognition of their status or whose mothers left the country and could thus not be granted such status”, explained Adrijana Hanušić Bećirović.

“The remaining two administrative units in BiH, the Republika Srpska and the Federation of BiH, must now also ensure that children born of war are given a status of civilian victim of war, while addressing at the same time the issues left open by the Brcko District law”, concluded TRIAL International and Forgotten Children of the War.

 

Will the Burundian government acknowledge its obligations or continue to ignore human rights violations committed on its territory?

In April 2022, the United Nations Committee against torture (CAT) issued a decision in favor of the complaint filed by Michèle (name withheld), in 2019.TRIAL International assisted the victim in submitting her case before the international human rights mechanism and then with international bodies in order to have the violence she suffered recognized, so that the government will open an investigation to establish the truth, have the perpetrators punished and allocate adequate reparations to the victims to compensate for the harm suffered.

Facing the indifference and inaction of the Burundian authorities, Michèle and TRIAL International brought the case before the CAT, in 2019, four years after the events.  Three years later, the Committee issued a decision in favor of Michèle, acknowledging that the violence used against her could really be called an act of torture. The CAT is asking Burundi to lead a thorough investigation on the facts denounced by Michèle so that the perpetrators can be brought to justice.

However, Michèle is happy and relieved by the recognition of her suffering by the CAT:

“I am very happy to learn that this decision is very favorable to me. Who wouldn’t be content to learn about a favorable decision of an international body? This decision is important because it acknowledges the violations I have been a victim of, but also recognizes my right to a compensation. This decision is an important step towards justice. Unfortunately, it does not change my living conditions, since I am currently unemployed because of my physical and psychological sufferings. The only way to make sense of this decision would be to compensate the prejudice suffered just as the CAT recommends” she confides.

Indeed, the UN committee is asking Burundi to compensate Michèle “in the most adequate and fairest way possible, including the means necessary to the most complete readaptation possible”.

A blind repression in a climate of impunity

On the 11 December 2015, non-identified armed individuals attacked four military bases. The Burundian government responded the next day with a violent and blind repression mainly in several neighborhoods of Bujumbura. According to estimations around 160 people were killed and many others were victims of violence, arbitrary arrests and rapes. Michèle was amongst the victims of this repression.

Member of the opposition called the Movement for solidarity and democracy, Michele was arrested arbitrarily in her home, on 12 December 2015. She was humiliated, beaten and tortured before being condemned and imprisoned in terrible conditions for three years in the central prison of Mpimba.

During the entire judicial procedure against her and during her several auditions, Michèle mentioned the violence she endured to the judges and legal authorities, but she was never heard by the Burundian authorities. No investigation was launched and the denunciations were ignored. Six years and half after the facts, the perpetrators are still unpunished.

The use of international bodies: a unique way for victims of torture to make their voices heard

Freed for jail in march 2018, Michèle still carries the stigmas of the violence suffered.

Appealing to international legal bodies is still, unfortunately, the only way for victims of torture to try to make their voices heard in Burundi in the hope of obtaining justice, truth and reparation for the crimes they have suffered.

TRIAL International accompanies Burundian victims since 2011. To date, TRIAL International has submitted 20 cases to the CAT which were followed by 15 favorable decisions for the victims. For 5 of them, procedures are still on going. Unfortunately, the Burundian government hasn’t implemented these decisions yet and turns a deaf ear to international bodies’ recommendations.

Despite president  Ndayishimiy ‘s promises, a profound feeling of impunity still reigns in the country. “It is time for Burundi to pick up on its responsibilities, end the on-going impunity for grave violations of human rights and offer adequate reparations to victims, including Michèle”, says Pamela Capizzi, Head of Pool of Legal Expertise at TRIAL International.