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Newsletter - November 2015

 

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DRC

 

State violence rages in North Kivu prisons

 

In 2015, being incarcerated in North Kivu prisons is not likely to be a pleasant experience. Using the fight against armed groups and crime as an excuse, the Congolese authorities have been subjecting the population to indescribable violence. Torture and arbitrary detention are among the many crimes committed against civilians

 

On a daily basis, members of the Special intervention unit of the Congolese National Police (LENI) violate the population’s most fundamental rights.

 

It is to defend the victims of these despicable practices that TRIAL has just submitted, in collaboration with the Congolese NGO CODHAS, five cases of torture to the UN Special Rapporteur on torture.

 

The two NGOs carry the voices of five victims who have suffered serious ill-treatment during their detention in the Rutshuru and Goma prisons. One of the victims, tortured while she was pregnant, suffered an emergency abortion.

 

Congolese authorities must make the rule of law prevail instead of relying on state violence.

 

TRIAL calls on DRC to put an end to such practices and grant appropriate compensation to victims.

 

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SWITZERLAND / DRC

 

The question of dirty gold knows no borders

 

Whether we live in the Democratic Republic of the Congo or in Switzerland, ‘dirty gold’ makes the news. DRC is where the mining takes place while Switzerland benefits from this all too often illegal trade.

 

It was in Kinshasa and Geneva that TRIAL recently took part in two events relating to this topical issue.

 

The need to fight against the plague of illegal gold mining in the DRC was the focus of the conference in Kinshasa. So was the urgency to fight corruption, the permeability of DRC’s borders and the impunity of profiteers.

 

TRIAL contributed to the discussions by presenting the Argor-Heraus SA case, involving a Swiss company that may have refined close to 3 tons of gold pillaged in the DRC.

 

A few days later in Geneva, the question of dirty gold was again at the center of an insightful discussion between political representatives and students. They came together for the screening of Daniel Schweitzer’s Dirty Gold War in the framework of the Week on Human Rights.

 

How do we fight this plague? Is it possible to buy ‘ethical’ gold? The students voiced their concerns in front of panellists which included Micheline Calmy-Rey, former president of the Swiss Confederation.

 

At least, the students have understood: change must come from improving current legislation, which is not restrictive towards importers and refiners, and from raising consumer awareness.

 

 

 

 

 

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NEPAL

 

Universal Periodic Review: Nepal in the hot seat 

 

Four years after its first Universal Periodic Review (UPR), Nepal was again in the hot seat last week at the United nations.

 

While many Member States welcomed the election of the first woman president and the adoption of the world's youngest Constitution, the final assessment remains bitter: Nepal falls far behind when it comes to protecting human rights.

 

As a matter of fact, numerous recommendations were formulated. TRIAL welcomes in particular those reflecting issues advocated by the NGO including:

  • Excessive use of force by security forces
  • Criminalization of enforced disappearance and torture
  • Shortcomings of transitional justice 
  • Failure to fight against impunity for crimes committed during or after the armed conflict
  • Amendments to the rape laws in light of international standards.

The response of Nepal was somewhat not up to expectations. TRIAL is deeply concerned by the country’s near immediate rejection of numerous recommendations. The NGO urges the Nepalese authorities to not only accept them, but to also take active steps in implementing them.

 

 

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TRIAL WATCH

 

All international crime cases at your fingertips

 

Launched by TRIAL in 2004, Trial Watch is the only multilingual online database of people prosecuted for international crimes across the world.

 

With only a click, you can access thoroughly detailed information about cases involving war crimes, crimes against humanity, genocide, torture and enforced disappearances. This year, the website surpassed 8.5 million views.

 

With an index of more than 1300 cases, Trial Watch offers a real wealth of information for many journalists, legal experts and NGOs. Reliable and regularly updated, the database lets you find out more about important past cases, such as the Eichmann or Pinochet affairs, or to stay informed about current emblematic cases.

 

As such, the database heavily features news about the Habré and Simbikangwa affairs, both recent developments.

 

Former Chadian dictator Hissène Habré is currently on trial in Senegal for the many crimes against humanity he committed in Chad when he was President. Last year in France, the former Rwandan spy chief Pascal Simbikangwa was condemned to 25 years in prison for his role in the Rwandan genocide.

 

The increasing number of trials listed in the database should serve as an example to all countries which are still hesitant to pursue the authors of the most heinous crimes.

 

Discover Trial Watch 

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DRC

 

Fred Bauma: UN decision rekindles hope of early release

 

Fred Bauma’s detention is arbitrary, has no legal basis whatsoever and represents a serious violation of his right to freedom of expression. His right to a fair trial has also been denied, as is his right to receive assistance from a counsel.

 

This is how his detention has been described by a group of independent United nations experts in a decision published recently.

 

Young leader of the pacific Lutte pour le Changement (Struggle for Change) movement, Fred Bauma was arrested on 15 March 2015 in Kinshasa, Democratic Republic of the Congo, for taking part in a workshop on civic engagement for Congolese youth.

 

Since his arrest, numerous civil society actors and NGOs worldwide have called on his immediate release.

 

However, seven months later, Fred Bauma is still in prison with his colleague Yves Makwambala. Both accused of attempt on the life of the head of state, they risk life imprisonment.

 

Let us hope that the UN decision will boost support for Fred Bauma: the Congolese government should release him immediately and compensate him for the serious violations he has suffered.

 

 

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BOSNIA AND HERZEGOVINA

 

Enforced disappearances: associations of missing persons refuse to let go

 

Kidnappings, summary executions, incarcerations and concentration camps were commonplace during Bosnia and Herzegovina’s woefully gruesome war. For four excruciatingly painful years, about 30,000 people went missing. To date, the whereabouts of 8,000 victims are still unknown.

 

All over the country, family members of the missing have joined associations to galvanize their efforts. Their goal? To reveal the truth about the fate of their loved ones, find them or find their bodies, in order to burry them in dignity. 

 

Relentlessly, they pressurize the authorities that identify and prosecute the perpetrators of such crimes. They also advocate for changes to the current legislation and seek to improve the overall condition of victims.

 

Unfortunately, the pace of change has been sluggish and many advocates have since passed away before they ever got to know the fate of their missing kin.

 

Since 2007, TRIAL has helped these associations by advocating for their rights. It has also raised awareness among the victims’ families on the ways to access justice, means of finding the truth, the nature of their rights and how to enforce to respect of those rights.

 

In October, the NGO provided guidance to some of these associations during a training organized by the International Commission on Missing Persons in Sarajevo. Another training is set to take place this November.

 



 

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