by Laura Hirahara
Impunity Watch Reporter, Africa

FIZI, SOUTH KIVU, DR Congo-Lieutenant-Colonel Daniel Kibibi Mutware and 11 other soldiers under his command were sentenced to prison terms ranging from 10-20 years today in the Democratic Republic of Congo after facing trial for the New Years day mass rape in the South Kivu village of Fizi.  Forty-nine female victims from Fizi testified, saying that the colonel and his soldiers carried out an attack that last for nine hours during which soldiers kicked down doors, stealing money from the homes and raping the women.  One witness brought the clothes she had been wearing the night of the attack and threw the bloody, torn garments on the ground as she testified.  One grandmother from the village recounted being beaten and raped by 12 soldiers in front of her husband and children.  Despite Mutware’s defense that he is a “valiant soldier”, presiding judge Freddy Mukendi stated, “He did not prevent his soldiers from carrying out these acts, so in consideration of the Treaty of Rome and the Congolese military penal code, Colonel Kibibi and the other soldiers have committed crimes against humanity by rape, by terrorism and by inhuman acts.”

While today’s decision is remarkable in a country where few war-rapes are ever prosecuted, many say this is only a first step.  Witnesses at the trial say that many of the soldiers responsible for the January attack are still in and around Fizi.  According to the court, only those perpetrators that could be identified by witnesses were charged.  However, in the DR Congo and many other countries, rape carries with it a stigma that can lead to divorce and ostracization from the community.  Several of the victims hid in the forest surrounding Fizi for three weeks instead of returning to their homes.  Some of the women are just now coming forward, including one elderly woman who returned from hiding in the forest on Sunday, her face still swollen from the January 1st attack.

The attacks were prompted by the death of one of the soldiers who was stationed in Fizi.  He had been stoned to death after reportedly accosting a young man in the village.  The soldiers, organized under Mutware, gathered at 7 p.m. on New Years day and began that attack until the early morning hours.  Mutware has been convicted to a 20 year prison term and the court authorized damages of up to $10,000 per victim, more than double the amount that has previously been awarded to victims of the DR Congo.

The court, assembled as a mobile unit to reach remote areas like Fizi, is partially funded by international organizations and individuals, including the American Bar Association, Lawyers Without Borders and the UN Mission to Congo.  Many are calling for further efforts to ensure war rape is prosecuted where ever it occurs.  Said Kelly D. Askin of the Open Society Justice Initiative:

Unquestionably, Lt.-Col. Kibibi and his soldiers are more than a little stunned to find themselves on trial before this groundbreaking domestic mobile court. If word about the court is spread around the country, it could have an enormous impact on deterring future crimes, now that the rule of law is finally being enforced domestically, to at least some extent.

For more information, please see;

The Globe and Mail- Congo Colonel Gets 20 Years After Rape Trial– 21 Feb., 2011

The Australian- Congolese Army Colonel Kibibi Mutware Jailed for 20 Years for Mass Rape– 21 Feb., 2011

Reuters Africa– Congo Court Jails Nine Soldiers in Mass Rape Case– 21 Feb., 2011

By Polly Johnson
Impunity Watch Reporter, Africa

BENGHAZI, Libya – Human Rights Watch reported on Sunday that at least one hundred and seventy-three people have been killed in Libya since anti-government protests began on Wednesday.

The demonstrations took a turn for the worse on Saturday, when Libyan security forces launched a brutal crackdown on protestors. A deadly cycle emerged over the weekend, as troops, using machine-gun and heavy weapons fire, attacked funeral marches, killing protestors and creating more funerals.

One doctor in Benghazi told the BBC how most of the victims being brought to the city’s hospital received gunshot wounds. “Ninety percent of these gunshot wounds were mainly in the head, the neck, the chest, mainly in the heart,” she said.

The Libyan pro-democracy protests come amidst events in Tunisia, which saw the fall of President Zine El Abidine Ben Ali in January, and in Egypt, where long-time leader Hosni Mubarak stepped down on February 11. Anti-government protestors in Libya are protesting four decades of Col. Muammar el-Qaddafi’s rule.

Like in Egypt, social networking sites such as Twitter, Facebook and YouTube are playing a prominent role in the protests, as people are using the sites to share information and images. Yet, information being transmitted via the Internet has been difficult to verify, as the Libyan authorities have imposed media restrictions. And unlike in Egypt, foreign media are largely absent from the country.

So far, the events in Libya have proven to be the bloodiest of the protests that have occurred in North Africa and the Middle East.

Egypt began to see a return to normal life over the weekend, as banks planned to reopen and the Supreme Military Council said that workers should go back to their jobs.

Egypt is currently acting under emergency law, which allows detentions without charges or trial. Prime Minister Ahmed Shafiq said that lifting the law so soon after a revolution would be premature.

The commission working on drafting new constitutional amendments said a progress report might be produced as early as Sunday.

For more information, please see:

BBC – Libya unrest: Scores killed in Benghazi ‘massacre’ – 20 February 2011

Human Rights Watch – Libya: Governments Should Demand End to Unlawful Killings – 20 February 2011

New York Times – Cycle of Suppression Rises in Libya and Elsewhere – 19 February 2011

Washington Post – Cairo begins to resume everyday business – 19 February 2011

Daniel M. Austin
Impunity Watch Reporter, Africa

DJIBOUTI, Djibouti -On Friday, the feelings of outrage and violence that have swept through parts of Africa and the Middle East came to the small African nation of Djibouti. Thousands of Djiboutians took to the streets calling for the ouster of the country’s President Ismael Omar Guelleh. Responding to the protests, security forces loyal to President Guelleh clashed with demonstrators, the ensuing violence left several people dead. Along with those killed, dozens of protesters were injured and at least three key opposition leaders were arrested. The small east African nation is a critical ally to both France and the United States.

As of Saturday evening, resident of the capital reported a heavy police presence patrolling the streets trying to restore calm. Although demonstrations continued on Saturday, the protests were less intense that what occurred on Friday. Protesters claim that on both Friday and Saturday, thousands of people took to the streets to protest President Guelleh rule and his attempt to run for a third presidential term. President Guelleh has been in power since 1999. In 2010, he oversaw a change to the country’s constitution allowing him to run for a third term in April 2011.

According to the Interior Minister Yacin Elmi Bouh, one police officer was killed in the fighting and a single protester was killed when he was hit by a speeding police vehicle during Friday’s protest. In contrast to the official government report, protesters claim at least four people were killed and more than 50 were injured during Friday’s march.

According to Djibouti’s chief prosecutor three main opposition leaders have been detained following a protest march. Djama Souleiman, the chief prosecutor claims that Mohamed Daoud Chehem, head of the Djibouti Party for Development; Ismael Guedi Hared, president of the Union for a Democratic Alternative; and Aden Robleh Awaleh, leader of the National Democratic Party, are a threat to democracy in Djibouti and have been taken into police custody.

Djibouti, a former French colony, contains a large French military base housing over 3,000 soldiers as well as a strategically important American Army base. The Army base is the only American military base located in Sub-Saharan Africa. This base is critical infrastructure that the United States military uses for launching attacks throughout Africa and continues to be an important piece of the U.S. strategy to combat terrorism.

For more information, please see:

BBC — Djibouti: Ismael Omar Guelleh faces huge protest march—18 February 2011

Reuters – Protests hit Djibouti, opposition leaders held – 19 February 2011

Voice of America — Djibouti Opposition Leaders Detained – 19 February 2011