Author: Communication Department

Geneva, 12 April 2022 – A mobile court opens today in Bana Ba Ntumba, Democratic Republic of Congo, to prosecute those allegedly responsible for numerous atrocities committed during an attack on several villages from April to May 2017 in the Dimbelenge territory of Kasai Central. Belonging to a militia associated with the Kamuina Nsapu insurgency, the eight defendants were indicted by the Kananga Garrison Military Court for mass atrocity crimes and are suspected of having committed, among other crimes, looting, the destruction of public and private property, and murder and rape against the civilian population. TRIAL International has been following this case since 2020 and four lawyers trained by the organisation represent around 250 victims participating in the proceedings. The verdict is expected in the next two weeks. This is an encouraging sign in the fight against impunity of armed groups in the DRC.

An encouraging sign for the fight against impunity in the DRC

Between April and May 2017, several villages, including Bana Ba Ntumba, in the Dimbelenge territory in Kasai Central, were attacked by a militia linked to the Kamuina Nsapu armed insurgency. Numerous abuses were committed against the civilian population during these attacks: murders, looting, destruction of public and private property, torture, rape and enforced disappearances in reprisal for their refusal to collaborate with the armed group. The trial that opens today will see the eight defendants, members of this militia, answer for their crimes against nearly 250 victims before the Military Tribunal of the Kananga garrison. This court has moved to Bana Ba Ntumba, the place where the crimes were committed, in order to facilitate access to justice for the victims and the local community.

In March 2021, in the first mass atrocity crimes trial held in Kasai Central, a commander of another local militia associated with the Kamuina Nsapu insurgency and one of his right-hand men were convicted and sentenced to life imprisonment for crimes against humanity.

Kasai: a region marked by tension and impunity for armed groups

This trial is taking place one year after the previous trial and nearly two years after TRIAL International opened its project in Kasai. The case was brought to the attention of the organisation during discussions with local actors. At the end of 2020, TRIAL International facilitated a documentation mission, during which over 250 victims were identified. During 2021, the military prosecutor investigated to obtain all the necessary evidence and collect testimonies from the victims of Bana Ba Ntumba. This allowed them to complete the investigation and organize the trial that opens today. TRIAL International accompanied four lawyers from the Kananga Bar Association who formed a collective to represent the 250 civil parties who were victims of the militia’s crimes.

“This region and the village of Bana Ba Ntumba have not yet seen a trial on the crimes committed during this period. This is therefore a first step to bring justice to the victims who remain under close threat from the perpetrators,” said Naomie Merveille Meta, one of the lawyers trained by TRIAL International and representing the civil parties in the trial.

This trial illustrates that the fight against impunity continues in the Democratic Republic of Congo and that the efforts of TRIAL International and its partners yield results. TRIAL International hopes that other cases concerning crimes committed by elements of the Congolese army during the Kamuina Nsapu conflict, currently being investigated by the prosecuting authorities in Kananga and Kinshasa, will soon lead to other trials long awaited by communities in Kasai. There is still a long way to go, but there is hope for the victims that those responsible will be convicted, and that justice will be accomplished.

Previously considered as a lawless region, the Kasai, located in the south of the DRC, is infamous for the violent conflict between the Kamuina Nsapu armed insurgency and state security forces from 2016 to 2019. The civilian population, threatened and targeted by the armed factions, suffered mass atrocity crimes, most of which remain unpunished. In March 2017, Kasai made headlines due to the abduction and murder of two UN experts, American Michael Sharp and Swedish Zaida Catalan, as well as four Congolese accompanying them. The trial of the suspects in these killings ended in January 2022 with a verdict that has left many questions regarding the perpetrators of these crimes.

TRIAL International’s work on this issue is carried out within the Cadre de Concertation de Kananga, an informal network of international and national actors who collaborate to support the work of Congolese courts in the investigation and prosecution of mass crimes in the DRC.

TRIAL International is collaborating in Kasai Central with Physicians for Human Rights. Their joint project aims to strengthen access to justice by combining their legal and medical expertise. This project is generously supported by the Swedish International Development Cooperation Agency, Sida.

Media contact

Olivia Gerig, Communications and Media Relations Officer

O.gerig@trialinternational.com

+41 78 683 52 66

This year, TRIAL International will once again take part to the International Film Festival on Human Rights in Geneva for its 20th edition.

This unmissable cultural event is at the heart of the organisation’s actions and mission. TRIAL International will be present at this edition for a special day on 12 March.  Together with representatives of the City of Geneva, the Geneva Solidarity Delegation and the television channel, Arte, Philip Grant, Executive Director of TRIAL International, will introduce the debate of the “Grand Entretien”, on the theme From Genocide to Ecocide, with Philippe Sands, From Genocide to Ecocide, lawyer, professor of international law and writer, at the Espace Pitoëff, in the main hall of the festival, 52 rue de Carouge.

Before the debate, the film Invisible Demons by Rahul Jain will be screened at 4.30 pm. This “dizzying” documentary tells of the particularly catastrophic consequences of rapid economic growth in India in recent years.

TRIAL International is particularly interested in the issue of environmental protection from the perspective of corporate responsibility and the illegal exploitation of natural resources for personal gain by individuals. Several cases taken up by the organisation address these issues, such as the looting of rosewood in Gambia for export to Casamance or the case of the harvesting of mineral resources and timber by an armed group in a national park in South Kivu in the Democratic Republic of Congo.

For more information :

• Rosewood plundering in The Gambia 
• Mineral and timber exploitation in the DRC

For more information on the event:

• TRIAL International at the 20th edition of the FIFDH

Major Advance for Victims of Abuses During Yahya Jammeh Rule

(Berlin and Geneva, 03.03.2022) – The indictment in Germany, announced on 03.03.2022, of an alleged former Gambian “death squad” member suspected of crimes against humanity is an important step for Gambian victims and international justice, TRIAL International and the International Commission of Jurists said today.

“Bai L.” was an alleged member of the notorious “Junglers” death squad, set up by then-president Yahya Jammeh, whose 22-year rule was marked by widespread human rights violations. Jammeh is now in Equatorial Guinea, to which he fled after losing the 2016 Gambian presidential election to Adama Barrow, who was elected in December 2021 to a second term. The Gambian Truth Reconciliation and Reparations Commission (TRRC) recently called for the prosecution of Jammeh and scores of others, including Bai L., for their alleged crimes.

Bai L., who was arrested by the German authorities in March 2021, is the third alleged accomplice of Jammeh to be detained abroad. The other suspects are Gambia’s former interior minister, Ousman Sonko, under investigation in Switzerland since 2017, and another former Jungler, Michael Sang Correa, indicted in June 2020 in the United States.

“The long arm of the law is catching up to Yahya Jammeh and his accomplices around the world,” said Reed Brody, a Commissioner with the International Commission of Jurists who works with Jammeh’s victims. “Jammeh’s henchmen have been arrested in Germany, Switzerland and the United States, and the Gambian truth commission has called for the prosecution of his accomplices in The Gambia, and of Jammeh himself, now in Equatorial Guinea.”

The indictment of Bai L., as well as the arrests in Switzerland and the United States, have been carried out under the legal principle of universal jurisdiction which allows for, and in some cases requires, investigating and prosecuting the most serious crimes under international law regardless of where they were committed, and of the nationality of the suspects or victims. German authorities are also investigating individuals alleged to have committed grave crimes in a number of other countries. On January 13, a German court sentenced a Syrian colonel linked to the torture of thousands of people to life in prison for crimes against humanity.

German prosecutors accuse Bai L., who was living in the city of Hannover, as a Jungler, of having notably driven his accomplices to various crime scenes between December 2003 and December 2006. He is thus alleged to have been involved in three “liquidation orders,” driving other Junglers to attack sites. Among those targeted were the prominent newspaper editor, Deyda Hydara, a critic of the Jammeh government who was murdered in 2004, an alleged opponent, Dawda Nyassi, who was killed in 2006, and a lawyer, Ousman Sillah, who survived a murder attempt a year earlier. Bai L. himself described in 2013 and 2014 radio interviews his participation in these events.

“I want to see justice done for my father and for all the others who were victimized by Yahya Jammeh and his security forces,” said Baba Hydara, son of Deyda Hydara and a plaintiff in the German prosecution. “Everyone involved in the murder of my dad will face justice, and we won’t stop until each one of them is brought to a court of law.”

The TRRC whose final report was released on 24 December 2021, called for Bai L.’s prosecution in connection with the Hydara and Sillah cases, though he was not mentioned regarding the Nyassi case. The TRRC also called for Bai L.’s prosecution in the murder of 59 West African migrants in 2005. The two organizations asked the German authorities to further investigate this massacre, which is one of the most emblematic atrocities committed under Jammeh. Bai L. himself described in the 2013 radio interview his participation in the operations leading to the migrants’ assassination, as well as in the execution of former intelligence chief Daba Marenah and four associates in April 2006 and the killing of Jammeh’s brother Haruna Jammeh.

Now the indictment of Bai L., who is currently in pre-trial detention, goes to the Higher Regional Court of Celle.  If the court approves it, a trial could begin in the first half of 2022.

“The indictment of Bai L. is meaningful in several ways” according to Philip Grant, Executive Director of TRIAL International, who has provided evidence to the German authorities about this case: “It would lead to the opening of the first trial based on universal jurisdiction to judge the atrocities committed under Jammeh’s regime, and it would allow to shed light on the paramilitary unit of the Junglers and their ties to the former President, further preparing the ground for his prosecution.”

The press release on the indictment can be found on the website of the German Federal Prosecutor: https://www.generalbundesanwalt.de/SharedDocs/Pressemitteilungen/DE/aktuelle/Pressemitteilung2-vom-03-03-2022.html?nn=478184

“It took me a long time to get my voice, now that I have it, I won’t keep quiet”

Survivor of conflict-related sexual violence from Bosnia and Herzegovina

Bosnia and Herzegovina, 2^nd of March 2022 – Today, the Global Survivors Fund, TRIAL International and Vive žene, publish the Study on Opportunities for Reparations for Survivors of Conflict-Related Sexual Violence “We raise our voices”, conducted in Bosnia and Herzegovina from February 2021 to February 2022. The Study shows that survivors of conflict-related sexual violence in Bosnia and Herzegovina still feel abandoned. It also presents a set of recommendations for actors to address the needs of survivors and facilitate their reintegration into society.

It is estimated that approximately 20,000 women and men were raped or sexually abused during the 1992-1995 war in Bosnia and Herzegovina, of which only 1,000 survivors have obtained, or are in the process of obtaining, some form of reparations. This inadequacy can be attributed to a multitude of obstacles that discourage or hinder survivors from accessing their rights to reparations.

For example, a state-level solution that would enable all survivors to access adequate support and equal rights has never been adopted in the country. Therefore, victims must navigate existing complex systems of social protection support due to differences in legislation between the three administrative units in Bosnia and Herzegovina. In practice, this means that survivors are treated differently based on their place of residence, which can lead to inequality and discrimination.

“Survivors have never been compensated for all the immense harm they have suffered as the result of sexual violence. Other measures of support and the conditions for accessing them differ in the Federation of Bosnia and Herzegovina (BiH), Republika Srpska and Brčko District BiH and ultimately lead to an unequal treatment of survivors, depending on their place of residence”, said Adrijana Hanušić Bećriović, senior legal advisor of TRIAL International and one of the authors of the Study.

Some survivors are turning to individual proceedings before criminal and civil courts to access compensation, but many do not trust the judicial institutions of this country. Not only do survivors find that the prosecution of war crimes is slow and ineffective, but they are also afraid that they will not be able to obtain compensation from the perpetrators. Indeed, some prosecutors eschew their duties, whilst court orders for perpetrators to pay compensation to victims are not always enforced, due to insolvency or the hiding of assets. Some survivors even feel “further victimised” by judicial institutions, with a growing number being forced to pay the court fees to the entities they sued, after their claims were rejected due to the application of statute of limitations which is at odds with international standards.

Furthermore, children born out of rape continue to struggle with having their status recognised and still face severe stigmatisation, amongst numerous other administrative obstacles. Overall, many survivors find that available reparations are not tailored to their real needs, nor do they adequately compensate or otherwise repair the harm suffered. As a suggested way forward, the Study is calling for the recognition of children born of rape and their inclusion in reparation frameworks as a separate category with specific needs.

“Lack of support only leads to the worsening of the psychosocial situation of survivors of sexual violence, which further complicated the process of rehabilitation and integration of survivors into society. Time did not heal the wounds of survivors. Bosnia and Herzegovina needs to act now”, said Elmir Ibralić, psychologist at organization Vive žene.

With an inconsistent and inadequate existing legal framework, it is clear that Bosnia and Herzegovina still has a long way to go when it comes to providing adequate support to survivors of conflict-related sexual violence. Almost thirty years since the beginning of the war, how much time has Bosnia and Herzegovina got left to make things right for survivors?

 “The results of the Study carried out in Bosnia and Herzegovina show the immense gap between the needs of survivors of conflict-related sexual violence and the poor, if not inexistent response they have received from the State” said Esther Dingemans, Executive Director at the Global Survivors Fund. “The road to reparations is often the fight of a lifetime with many legal and socio-economic obstacles, but the study is also proof that there is hope when the whole community is ready to make all possible endeavours in addressing the heavy burden that survivors have endured, starting with providing support to access reparations.”

To this day, the question of providing meaningful and effective reparations to survivors of conflict-related sexual violence – who continue to suffer from long-lasting psychological, physical, economic and social consequences – is often swept under the rug. As the Study shows ― survivors, quite righty, feel neglected and forgotten.

Despite the difficulties to provide a comprehensive and effective system of reparative measures, the Study concludes on a series of recommendations that would address some of the most urgent needs of survivors, so that Bosnia and Herzegovina can meet its international obligations and improve the quality of life of survivors. The authors in particular call for the implementation of the 2019 UN Committee Against Torture decision in A. v. BiH.

In Bosnia and Herzegovina, the Study was conducted by TRIAL International in collaboration with a local partner organisation Vive žene The Study is part of a global research effort, coordinated and implemented in over 20 countries around the world by the Global Survivors Fund. The subject of this global study is to provide an overview on the status of and opportunities for reparations for survivors of conflict-related sexual violence to exercise their right to reparations. The goal of the Study is to provide specific recommendations so that reparations are designed in a survivor-centred manner and accessible to survivors. 

To download the Study: Study on opportunities for reparations for survivors of conflict-related violence

For media queries, please contact:

Olivia Gerig, Communications and Media Relations Officer at TRIAL Interantional, o.gerig@trialinternational.org   or +41 78 683 52 66

Maud Scelo, Head of Communications at the Global Survivors Fund, mscelo@globalsurvivorsfund.org or +33648230843

About the project partners

TRIAL International is a non-governmental organisation fighting against impunity for international crimes and supporting victims in their quest for justice. The organisation provides legal aid, submits cases, develops local capacities and advocates the human rights agenda. TRIAL International has been active in Bosnia Herzegovina since 2007 and has opened its local office in Sarajevo in 2013. For more information visit:  https://trialinternational.org

TRIAL International – Office in Bosnia and Herzegovina aims to fight against impunity and to promote transitional justice in BiH by improving access to justice for victims of grave crimes and ensuring that they obtain the redress to which they are entitled. In supporting war crimes victims in Bosnia and Herzegovina, the organization focuses on vulnerable groups, including sexual violence survivors, the families of missing persons and former camp detainees. For more information visit: http://trial.ba

The Association of Citizens of Vive žene – Centre for Therapy and Rehabilitation is a leading non-governmental organization for providing psychosocial assistance and support to persons who have experienced traumatic experiences of war, torture and violence. The association was founded in early 1994 to ensure the reception, care and rehabilitation of women and children victims of war persecution. For twenty-seven years, the association has been continuously working to eliminate the consequences of war trauma, prevent all forms of violence, build multi-ethnic cooperation and respect for human rights in Bosnia and Herzegovina. For more information visit: https://vivezene.ba/o-nama/

Global Survivors Fund was launched in October 2019 by Dr Denis Mukwege and Ms Nadia Murad, Nobel Peace Prize laureates 2018. Its mission is to enhance access to reparations for survivors of conflict-related sexual violence around the globe, thus seeking to fill a gap long identified by survivors. GSF acts to provide interim reparative measures in situations where states or other parties are unable or unwilling to meet their responsibilities. GSF advocates also for duty bearers, as well as the international community, to develop reparations programmes, and provides expertise and technical support to guide states and civil society in the design of reparations programmes. GSF’s survivor-centric approach is the cornerstone of its work. For more information visit:  www.globalsurvivorsfund.org

Geneva, 8 February 2022 – It is a giant step forward in the fight against impunity. The Swiss Office of the Attorney General (OAG) has conducted the final hearing of Khaled Nezzar. The OAG holds that numerous war crimes and crimes against humanity were committed while Mr. Nezzar was leading the military junta and serving as Minister of Defense at the beginning of the Algerian civil war. After more than 10 years of investigation and numerous judicial twists, the end of the proceedings paves the way for Mr. Nezzar to be sent to trial before the Federal Criminal Court (FCC) for serious offences constituting complicity in war crimes and crimes against humanity, including extrajudicial executions, torture and enforced disappearances.

A historical universal jurisdiction case

After conducting a three-day final hearing of Mr. Nezzar in Bern between 2 and 4 February, the OAG is about to finish its investigation. This decisive step now allows for Mr. Nezzar to be tried before Swiss courts. The OAG reproaches Khaled Nezzar with having participated as an accomplice in the commission of multiple war crimes (murder, torture, inhuman treatment, illegal detention) as well as killings in the context of a systematic and widespread attack against the civilian population between January 1992 and January 1994, when he was the strongman of the High State Council and served as Minister of Defense. A formal decision by the OAG to refer him to the FCC for trial could be issued very soon.

A complaint filed by TRIAL International in 2011

TRIAL International is at the origin of the case, having filed a criminal denunciation against Mr. Nezzar in October 2011, while he was staying in Geneva. “We welcome the fact that this long investigation has come to an end, paving the way for justice for the countless victims of the Algerian civil war,” said Giulia Soldan, head of the organization’s International Investigations and Litigation program. Sending Mr. Nezzar to trial would set a historic precedent: it would be the first time in the world that such a high-ranking person would be held accountable for war crimes and crimes against humanity before an ordinary national court.

However, at the end of his final hearing, Mr. Nezzar was not detained. This is a cause of concern for the organisation, as the risk of flight, collusion and pressure on witnesses and victims remains important.

A strong signal from Switzerland in the fight against impunity for international crimes

In Switzerland, the trial of Khaled Nezzar would only be the second to be held before the FCC in application of the principle of universal jurisdiction. In June 2021, a Liberian warlord was sentenced by the FCC to 20 years in prison for war crimes.

Philip Grant, Executive Director of TRIAL International, said: “It is high time that Khaled Nezzar’s case be brought to trial. The OAG has a unique opportunity to send a powerful message to dictators around the world. Regardless of the country, regardless of how long ago the crimes were committed, those responsible for atrocities, including former heads of state, should start to worry that universal justice can catch up with them.”

The organisation, which has been fighting for 20 years alongside victims against impunity for the most serious crimes, welcomes the fact that a growing number of states are now taking their obligations under international law seriously, and are beginning to bring justice for atrocities committed in Syria, Rwanda, the Balkans, Liberia, now Algeria, and elsewhere.

A much-needed recognition of the suffering of the victims of the Algerian civil war

At the beginning of the ‘black decade’ in Algeria, which is said to have left 200,000 people dead or missing between 1992 and 2000, Khaled Nezzar was the head of the army as Minister of Defense and de facto leader of the military junta, at the head of troops that committed an incalculable number of abuses. Violations of human rights and international conventions were widespread and the use of torture systematic. Impunity for these acts is total to this day. “No one has ever been investigated in Algeria, let alone tried for these crimes. This is the last opportunity to be able to expose before a tribunal the crimes committed during the Algerian civil war”, added Giulia Soldan.

The long procedure against Mr. Nezzar, which lasted longer than the Algerian civil war itself, was made possible by the courage of the victims and the presence of TRIAL International and committed lawyers at their side. For TRIAL International, as for the victims, it was not possible to let these mass crimes committed by the Algerian regime of the time go unpunished.

Orlane Varesano, one of the victims’ lawyers, said: “My clients, who suffered unimaginable torture, have been fighting for 30 years to obtain justice. This news is a long-awaited recognition of their suffering.”

Highlighting the responsibilities and trying the main perpetrator of the atrocities committed during the first years of the Algerian conflict, would allow the victims of torture, enforced disappearances, sexual violence and all other forms of violence perpetrated to be recognized and to take a step forward towards resilience and reconstruction.

Chronology of the case

19 October 2011: Khaled Nezzar is reported to be on Swiss territory. TRIAL International files a criminal complaint with the Swiss Office of the Attorney General, which opens a war crimes investigation.

20 October 2011: Khaled Nezzar is arrested and questioned by the OAG until 21 October, before being released on the promise to appear for the remainder of the proceedings.

January 2012: Khaled Nezzar appeals against the opening of a criminal investigation against him, arguing that his position as Minister of Defense at the time of the events protected him from possible criminal proceedings in Switzerland.

31 July 2012: The Federal Criminal Court renders a landmark decision rejecting Mr. Nezzar’s appeal, considering that it is not possible to invoke immunity for international crimes (war crimes, crimes against humanity or genocide).

2011 to 2016: Six victims file complaints and more than a dozen are heard as part of the proceedings.

4 January 2017: The OAG closes the case on the grounds that an armed conflict did not take place in Algeria in the early 1990s.

16 January 2017: The complainants file an appeal against the closure order before the FCC.

6 June 2018: The FCC makes public its decision to annul the closure of the complaint by the OAG, which must then resume the investigation. The FCC recognizes, inter alia, the existence of an armed conflict during the relevant period in Algeria, and the involvement of Mr. Nezzar in numerous crimes.

4 February 2022: The OAG undertakes the last audition of Mr. Nezzar.

Download the press release in English or in Arabic. 

Slobodan Curcic, who is suspected of having committed war crimes in Foča (Bosnia and Herzegovina – BiH) in 1992, including the killing of two Bosniak civilians and the participation, alongside other people, in the rape and sexual abuse of Bosniak women and girls and the rape of one person, was located and charged for these crimes in Montenegro. The case represents an important milestone as it is one of the first war crime cases transferred from BiH to Montenegro, showing that the fight for justice knows no borders.

TRIAL International supported the rape survivor from day one, by offering her free legal aid every step of the long path to justice. In particular, the organisation facilitated the ongoing communication with the Prosecutor’s Office of BiH that was conducting the investigation into her case. In 2018, an indictment was finally raised. Since the alleged perpetrator was not in the country, an Interpol “red notice” for his arrest was issued. At last, Mr Cucic was arrested in Montenegro, after which the indictment was confirmed by a Montenegrin court in December 2021. TRIAL International also partnered with Human Rights Action, a local NGO fighting against impunity in Montenegro, to ensure that the survivor would receive legal representation by an attorney in the criminal proceeding.

“We must always strive to bring justice for survivors, regardless of the time elapsed since the crime was committed. Cooperation of prosecutors in the Balkan region is key to prosecuting a greater number of perpetrators of war crimes committed in BiH, since many of them have moved to neighboring countries, attempting to escape justice,” said Ajna Mahmić, legal advisor at TRIAL International.

By the end of 2020, around 40% of unresolved cases before the courts of BiH were pending due to the unavailability of the indicted persons. The European Commission’s’ Report on Bosnia and Herzegovina 2021 states that judicial cooperation in war crimes cases remains ineffective in the Balkan region, even though specific bilateral cooperation protocols between the Prosecutor’s Office of BiH and its counterparts in Serbia, Croatia and Montenegro, are in place.

The report states that: “As they are holding multiple citizenship, these individuals are allegedly residing in neighboring countries. This enables them to escape justice by taking advantage of the prohibition in the countries of the region to extradite their own nationals for the criminal offenses of genocide, crimes against and war crimes”. TRIAL international hopes that this example of successful cooperation between judicial bodies of BiH and Montenegro, coupled with the support of dedicated NGOs, will result in renewed actions in the fight against impunity

Words from Isaac Mensah, son of Peter Mensah, one of the 56 West African migrants killed in 2005

Isaac Mensah is the son of one of the 56 West African migrants killed in July 2005, mostly by the “Junglers”, a paramilitary unit under the orders of the former President. For him, as for the other families of the victims, there will be no rest until the truth is revealed and those responsible for the death of their loved ones are brought to justice.

Everyone has the right to rebuild their life and our work goes beyond providing legal assistance to the victims themselves. It enables their relatives to ease the suffering caused by uncertainty, grief and anger. Thanks to your donations, you can help us continue to support people like Isaac who need justice.

Human rights violations are a scourge, in The Gambia and elsewhere, and have repercussions over entire generations. In the case of this massacre, families have been waiting for the truth for over 15 years. Our assistance is crucial, but your support is essential: it enables access to justice and truth!

Exceptionally, you will have until 20 December to see your donations doubled, so don’t hesitate any longer!

Many thanks,

Emeline Escafit, TRIAL International’s Legal Advisor, International Investigations and Litigation

Words from Ghislaine Bisimwa, TRIAL International’s Legal Advisor based in Bukavu

My colleagues and I are fighting to ensure that these children are not doubly affected when criminal proceedings finally open against the perpetrators. Last September, during the trial of Chance Muhonya, the leader of one of these militias, the testimonies of the young victims were pre-recorded and then broadcasted during the hearing.

This innovative aspect is very important in view of the many post-traumatic disorders from which child soldiers suffer. Psychological follow-up is an integral part of our work and would not be possible without the support of donors such as you!

Thanks to you, young survivors of forced recruitment can make their voices heard. Your support allows them to testify without fear, to receive psychological counseling and to access justice.

In this festive season, synonymous with solidarity and kindness, you have a few days left double your donations until 16 December! Get involved now and allow your contributions to have twice as big of an impact on the lives of those who seek justice!

Access to justice changes lives. Your generosity allows former child soldiers to find stability and see their tormentors condemned.

Many thanks,

Ghislaine Bisimwa, TRIAL International’s Legal Advisor based in Bukavu, DRC

Words from Semka Agic, survivor of conflict-related sexual violence

More than 20,000 women and men were raped or sexually abused in Bosnia & Herzegovina during the war that took place from 1992 till 1995. Some survivors, like Semka Agic, have seen their torturers condemned for their acts, but how many still request justice? You can help them.

I would like to salute the courage and determination of the victims in search for justice. They dare to break the silence and testify. They endure lengthy procedures and attempts at stigmatization. They confront their torturers and once the verdict is pronounced, they still fight to obtain the reparations due.

What gives them the strength to continue? The prospect of obtaining justice: that the culprits are held accountable and that their suffering be recognized. As for Semka Agic, may the burden of shame change sides, a crucial step to be able to rebuild.

Access to justice changes lives. Your donation helps the survivors of wartime sexual violence in their quest for justice. On this international day of solidarity, every donation matters and, thanks to two of our loyal donors, all your donations will be doubled from today on and until 16 December!

Together, let’s build a world where impunity no longer has a place to exist.

Thank you for your trust, thank you for your support,

Selma Korjenic, Head of the Bosnia & Herzegovina Program and active in the Sarajevo office of TRIAL International for 11 years.

Eleven organizations including TRIAL International welcome the submission on Thursday 25 November 2021 of the Gambia Truth, Reconciliation and Reparations Commission’s (TRRC) report endorsing the prosecution of those most responsible for the violations and abuses committed between 1994 and 2017 during the rule of former president Yahya Jammeh.

In a public statement, the TRRC indicated that it had set forth the names of those whose prosecution it was recommending “expressly in the relevant sections of the report.” While it did not name them today, there is very little doubt that Yahya Jammeh is at the top of that list, the groups said.

Witnesses before the TRRC, including former direct perpetrators, tied Jammeh to the killing and torture of scores of political opponents, the murder of over 50 West African migrants, “witch hunts” in which hundreds of people were arbitrarily detained, and a sham treatment program that forced HIV-positive Gambians to give up their medicine and put themselves under Jammeh’s personal care. Survivors and former aides also described how Jammeh raped and sexually assaulted women brought to him.

What happens now?

According to the act creating the TRRC, the president shall within 30 days transmit the full report to the National Assembly and the United Nations, and public summaries of the report should be made available. Within six months, the government must issue a white paper containing its proposed plan on the implementation of the Commission’s recommendations. The 11 groups urged the government, however, to publish the summaries and begin implementing the recommendations immediately.

Since 2017, Jammeh has lived in exile in Equatorial Guinea where he is protected despite Equatorial Guinea’s international obligations to extradite or prosecute him. The groups expressed hope that other countries whose citizens were killed by the Jammeh regime would join The Gambia in seeking Jammeh’s trial before a competent court.

Read the full press release

Did Switzerland miss a historic opportunity to judge a potential war criminal? It has been ten years to the day since TRIAL International filed a criminal complaint against the former Algerian Minister of Defense Khaled Nezzar, on 19 October 2011. It has also been a decade since a criminal investigation for war crimes was opened. This was long enough for the accused to return to Algeria without being bothered and probably long enough to doubt that he will ever have to answer for his involvement in the many acts of torture, extrajudicial killings and enforced disappearances that took place during the “Dirty War” that tore Algeria apart between 1992 and 2002.

Will Khaled Nezzar have to face judges one day for his involvement in the Algerian civil war? Nothing is less certain, as the procedure opened in Switzerland following the criminal complaint by TRIAL International is dragging on. Since 2020, this senior officer of the Algerian army, former Minister of Defense and de facto head of the military junta that took power in 1991, is back in his country without any chance for Switzerland to obtain his extradition, and without any judicial assistance to be expected. The countless victims of the civil war – which cost the lives of 60,000 to 150,000 people and forced millions more to move – fear that unless the 83-year-old former military leader is brought to trial, he will never have to answer for the war crimes charged against him.

The proceedings initiated in December 2011 by the Swiss Office of the Attorney General (OAG) are officially still ongoing. The legal process has lasted almost longer than the Algerian civil war itself. As time passes, it complicates the outcome of the procedure: material evidence is more difficult to access, the memory of witnesses, victims and survivors are fading and the narrative of the collective memory is evolving.

As with other cases brought by TRIAL International, the slowness of the procedure raises important questions. Does Switzerland lack the means? The number of prosecutors in charge of international crime cases is indeed small, and the Mutual Legal Assistance, Terrorism, International Criminal Law and Cybercrime Division is not specialized enough to deal “only” with war crimes. Does Swiss foreign policy justify granting “de facto” immunity to certain defendants? It is worth recalling that the Federal Department of Foreign Affairs had warned the prosecutor in charge of the case that the Nezzar case risked jeopardizing bilateral relations between Switzerland and Algeria.

The Nezzar case is however a rare opportunity to hear the victims and to render justice. It is also unique because no individual has ever been tried in Algeria or elsewhere for the atrocities committed during the black decade. The Federal Criminal Court had paved the way with an important landmark ruling in 2012 that rejected the immunity of former foreign leaders for international crimes, and then by recognizing in a ruling on 30 May 2018 the existence of a civil war in Algeria, yet denied by Algiers. It is regrettable that the Swiss prosecuting authorities do not carry on this way.

The part played by Switzerland in this affair could be more important than one might think. Algeria has embarked on a pacification without truth and justice. The reconciliation process is not satisfactory, especially because of the amnesties offered both to armed Islamist groups – provided they were not involved in massacres – and to state agents engaged in the fight against terrorism. By bringing Khaled Nezzar to justice, Switzerland would be affirming its commitment by recognizing the responsibilities of the perpetrators of crimes committed at the time. This is a strong signal and an outstreched hand extended to Algerians who have been waiting for justice for almost thirty years.

After 36 years of forced exile in France, Rifaat al-Assad has returned to Syria and escaped from the French justice system. The former Syrian vice-president, despite having been sentenced on appeal in Paris last month to four years in prison for ill-gotten gains, was able to covertly leave French territory and return to Damascus on 7 October 2021. His flight compromises not only the enforcement of his sentence in France, but also the procedure ongoing against him in Switzerland for war crimes, opened in response to a criminal complaint filed by TRIAL International in 2013.

Long in disgrace with the regime in Damascus, Rifaat al-Assad, uncle of the Syrian President Bashar al-Assad, has returned to the country the day after his conviction in France and the seizure of his assets in several European countries. TRIAL International deplores this flight. Rifaat al-Assad’s escape to a country from which he will be difficult to retrieve compromises the chances of him being heard by the Prosecutor in charge of the investigation in Switzerland, concerning his involvement in war crimes. A referral of the case for trial remains a possibility. But the escape of the man sometimes dubbed the “Butcher of Hama” poses a high security risk, especially for those who testified or participated in the proceedings in Switzerland, as well as for the relatives of the plaintiffs who live in Syria and are thus exposed to reprisals by the regime.

TRIAL International particularly regrets the lack of exchange and collaboration between Switzerland and France to prevent the flight of an individual suspected of having supervised and participated in the mass crimes committed in the city of Hama in 1982. The massacre resulted in countless acts of torture and cost the lives of tens of thousands of people – nearly 40,000 according to some estimates.

It is clear that the machinery of justice still allows defendants suspected of the most serious crimes to slip through its cracks, thus allowing a suspect of this caliber – who benefits from significant financial resources and numerous high-level connections – to return to a country where he is untouchable.

Twenty years after the creation of the International Criminal Court, and ten years after the adoption of a law of universal jurisdiction in Switzerland, it is simply dismaying to note that Rifaat al-Assad has been able to avoid without difficulty the legal proceedings opened against him, in France as well as in Switzerland.

TRIAL International calls on the Swiss authorities to put in place protective measures for witnesses and victims who may be affected. The organization also urges that Rifaat al-Assad be immediately summoned, through his legal counsel, to appear in Switzerland. Should he fail to do so, the Swiss prosecution authorities should issue a warrant in order to bring him to a hearing and, if applicable, to trial.

TRIAL International also calls on the French authorities to open an independent investigation into the circumstances of Rifaat al-Assad’s escape, which took place while he was under judicial supervision in France.

The United Nations Working Group on Enforced Disappearances supports prosecution of crimes committed during the presidency of Yahya Jammeh and for a new international inquiry into the 2005 massacre of more than 50 West African migrants. The UN recommendations to duly investigate and prosecute without delay all cases of enforced disappearances is a positive sign, said 17 groups that have been campaigning for justice in The Gambia.

“The process must go beyond truth telling and perpetrators must be brought to justice,” the Working Group on Enforced or Involuntary Disappearances (WGEID) said in its report. The follow-up report presented during the recently-concluded session of the Human Rights Council is an important sign of support from the international community for accountability in The Gambia. The report underlines the importance of the work of the Truth, Reconciliation and Reparations Commission (TRRC), as well as the need to prosecute those responsible for the crimes committed under Jammeh.

“From the International Criminal Court to the United Nations, the world is speaking with one voice: there must – and there will – be justice for the crimes committed during Yahya Jammeh’s government,” said Fatoumatta Sandeng, spokesperson for the #Jammeh2Justice campaign, and daughter of the opposition leader Solo Sandeng, who was killed in custody in 2016. “Amnesty and impunity are simply not options.”

Download the press release

Continue reading “The Gambia: UN says perpetrators of Jammeh-era crimes “must be brought to justice””

Victims obtained a favorable verdict on 21 September 2021, only 8 days after the opening of the trial of a militia leader and his accomplice in the Congolese army, both accused of mass crimes – including environmental crimes. Events occurred in 2019, when the militia took control of part of the Kahuzi Biega National Park (South Kivu) to illegally exploit its natural resources. The militia kept nearby villages under its grip by using extreme violence.

Kahuzi-Biega National Park in South Kivu has been a UNESCO World Heritage site since 1980 on account of its unique fauna and flora. But to protect the area, the Congolese authorities forcefully evicted the Pygmy communities who lived within the park’s boundaries.

Taking advantage of the resentment felt by these indigenous communities, an ex-member of the Congolese army (FARDC), Chance Muhonya Kolokolo, formed an armed group in order to regain control of a section of the park. Officially, Muhonya claimed he wanted to defend the right of the Pygmy communities to live on their ancestral soil. His true motivations quickly came to light: to exploit Kahuzi-Biega’s protected resources for his own gain.

An illegal but highly organized operation

Specifically, Muhonya and his men cut down trees and sold the wood and embers. They also dug mines and extracted ore from the soil. With the money from the sales, Muhonya bought weapons for his militia. The other defendant in the trial, Benjamin Mazambi Boji, is an army official who is thought to have sold the weapons.

Creating a brutal and highly organized system meant that Muhonya was able to control the villages located around the park. “Taxes” were levied on the extracted wood and ore,  community work was made mandatory, and violent reprisals were used against civilians to intimidate them and extort more money from them. Amongst other methods, villagers were thrown in a hole dug in the ground and held captive until a ransom was paid. Some were also tortured and raped. Regular clashes between the militia and other armed factions further worsened the fate of the civilians living near the park.

Other abuses include the enrollment of child soldiers, most aged between 12 and 15 years old at the time. Muhonya took them away to keep their families in fear, then forced the young ones to collect “taxes” on resources and help with life in the camp.

Arrest and early investigation

In March 2020, the FARDC and Kahuzi-Biega park rangers launched an operation to take back the land occupied by the militia. On 23 May 2020, Muhonya was arrested and brought before a military court.

The trial, which began a few months later, did not include charges for international crimes. The acts of violence were considered as crimes committed under ordinary law.

“Many crimes were committed, but they were spread over time, which explains why they were initially treated as individual acts,” says Chiara Gabriele, Legal Advisor at TRIAL International who worked on the case. “Yet all the atrocities were part of the same modus operandi and the same criminal enterprise. In this respect, we managed to show that we were dealing with mass crimes.”

Further investigations were therefore carried out to ensure that all the crimes committed by Chance Muhonya and Benjamin Mazambi Boji would be brought before the courts. The trial was suspended while awaiting the findings of the additional investigations, including as regards the enrollment and use of child soldiers.

“Testimonies of child soldiers are key to proving the guilt of Chance Muhonya and his accomplices. Above all, however, we must avoid re-traumatizing the children. Given their young age, repeating their story in front of a court could be a terrible experience. With help from a psychologist specialized in interviewing children who have fallen victim to abuse, we are making sure that none of them suffer a second time,” says Ghislaine Bisimwa, Legal Advisor based at TRIAL International’s Bukavu office.

An anticipated verdict

From 13 to 20 September 2021, the crucial stage of hearing witnesses and victims took place in front of a mobile court, which means that the court sits in the very areas where the crimes were committed. Two lawyers specially trained in the prosecution of international crimes were appointed by TRIAL International to represent the 90 or so victims.

In its verdict of 21 September, the Military Court of South Kivu sentenced Chance Muhonya to life imprisonment for crimes against humanity by murder, rape and other inhumane acts but also for war crimes by recruiting and using child soldiers.

He was also convicted of violating and destroying protected areas, based on his group’s illegal deforestation and mineral exploitation activities. “This decision is a very important precedent, especially as the court has recognised the seriousness of the environmental crimes committed in the national park in relation to the illegal economic activities carried out by the armed group,” said Guy Mushiata, TRIAL International’s Bukavu-based programme coordinator.

All the victims were awarded reparations ranging from USD 3,000 to USD 10,000. The Congolese state was found to be civilly liable. Chance’s accomplice, Congolese army Major Benjamin Mazambi Boji, who was suspected of facilitating the transfer of arms to the armed group, was acquitted for lack of sufficient evidence.

The appeal trial was held in Bukavu in September 2022. After mobile court hearings, the High Military Court issued its verdict on 23 September 2022. The court upheld the conviction of Chance Muhonya to life in prison for crimes against humanity. The crimes of recruitment of child soldiers as well as the crimes against the environment were also confirmed.

TRIAL International’s contribution to this case is carried out in the framework of the Task Force for International Criminal Justice, an informal network of international players who work together to support the work of Congolese military courts in investigating and prosecuting mass crimes in DRC.