By Ryan Aliman
Impunity Watch Reporter, Africa

MAPUTO, Mozambique – The Mozambican government denied allegations that it was badgering the family of police brutality victim Mido Macia.

Last February 26 in Daveyton, east of Johannesburg, South African policemen arrested taxi driver Macia for allegedly parking in the wrong spot. Despite protests by a crowd of bystanders, the law enforcers handcuffed Macia to the back of their car and dragged him along the road as he was struggling for his life.

A few hours after the incident, Macia was reportedly found dead in jail covered with severe bruises, as well as head and upper abdomen injuries.

Since then, Macia’s relatives have pressed charges against the police officers involved. They have also filed a civil case against South Africa’s Police Ministry.

However, Atty. Andrew Boerner, the lawyer representing Macia’s family claim that his clients were being “coerced” by the Mozambican government to drop the case and settle the matter outside of the courts instead. According to Boerner, Macia’s father was asked to meet with both Mozambican and South African officials and to surrender important documents about the case.

But Foreign Minister Oldemiro Baloi denied all these allegations and dismissed them as “absolutely false”.

“It doesn’t make sense”, Baloi told reporters several days ago. “When the nine policemen charged with the murder applied for bail, so that they could await the trial in freedom, our lawyer, together with the South African prosecution services, ensured that this did not happen. After this, no serious government would try to persuade the family to drop the case,” he explained.

Baloi also stressed out that the government is quite aware of its obligation to provide consular assistance to its citizens abroad in accordance to the Vienna Convention. “And this is what the government has been doing in a coherent, consistent and determined manner,” he insisted.

Meanwhile, the South African Police Ministry likewise denied any knowledge of and involvement on the alleged harassment of Macia’s family. “As people who understand, know and the respect law, we are not having an external court process. We have to respect the fact that suspects have been arrested and that the matter is before court,” said Zweli Mnisi, Police Minister Nathi Mthethwa’s spokesperson.

Macia’s case has caused outrage not only in Mozambique, but in South Africa too. As pointed out by Mamphela Ramphele, the leader of the opposition party Agang, it was “an example of the culture of impunity which has taken root in our public service.”

 

For further information, please see:

All Africa – Mozambique: Government Denies Pressure On Mido Macia’s Family – 21 March 2013

Eyewitness News – Macia’s family being harassed – Lawyer – 19 March 2013

The Daily Mail – Nine South African police officers accused of dragging taxi driver to his death hide their faces in court as they are denied bail – 14 March 2013

International Business Times – Oscar Pistorius and Mido Macia: South Africa is Peaceful Nation, Says President Jacob Zuma – 8 March 2013

Huffington Post – Mido Macia Death: Eight South African Police Officers Suspended In Dragged Man Case – 1 March 2013

By Hannah Stewart
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands — Congolese warlord Bosco Ntaganda was taken from the American Embassy in Kigali, Rwanda on Friday and placed on a flight to The Hague, where he faces charges in the International Criminal Court (ICC).

The litany of charges includes ten counts of war crimes and crimes against humanity, accusing him of conscripting and using child soldiers, using rape as a weapon of war, keeping women as sex slaves, and massacring at least 800 people in 2002 and 2003.

Ntaganda, whose nickname is “The Terminator” for his ruthless nature in battle, became a symbol of impunity in Africa in the last decade.

He shocked the international community when he entered the embassy on Monday, removed his disguise, and asked to be sent to the ICC.  The Court said it “was the first time that a suspect has surrendered himself voluntarily to be in the ICC’s custody.”

Since Monday, the United States has urged Rwanda to help facilitate Ntaganda’s passage to The Hague.  However, Rwanda and the United States are not parties to the Rome Statute, and therefore neither country is a member of the ICC.  Nevertheless the United States says it supports the Court’s work.

As such, Rwanda’s President Paul Kagame publicly stated his support for Ntaganda’s expeditious transfer to the ICC.

The ICC first indicted Ntaganda in 2006 for conscripting and using child soldiers during a 2002-2003 Congo conflict.  A second indictment, issued July 2012, accused him of a range of crimes including murder, ethnic persecution and rape.

Despite these indictments, Ntaganda joined the Congolese army in 2009 pursuant to a peace deal that allowed for him and his men to integrate into the military.  As a result, he lived freely in the North Kivu capital of Goma.  He often dined in top restaurants and played tennis, seemingly without fear of arrest.

Reports state that last year, when the agreement between Ntaganda and the Congolese government deteriorated, he and his troops defected.  His faction became known as “M23,” battling Congolese government troops in the country’s mineral-rich east.

While unconfirmed, it is believed that Ntaganda surrendered due to recent vulnerability.  Reports state that the M23 rebel fractured into two parts last month over the decision to bow to international pressure and withdraw from Goma late last year.  Ntaganda and Jean-Marie Runiga, opposed the retreat.  However, another rebel leader, Sultani Makenga, ordered the retreat and initiated peace talks with the Congo government.

Some speculate that Rwanda’s cooperation in Ntaganda’s transfer may come at a cost.  His testimony before the ICC could potentially reveal details of Rwanda’s alleged support for M23 during the Congo conflict.

“This is a good day for victims in the [Democratic Republic of the Congo] and for international justice,” said Fatou Bensouda, the prosecutor at the ICC.  Likewise, U.S. Secretary of State John Kerry called the transfer “an important moment for all who believe in justice and accountability.”

On Friday afternoon, the Court said in an e-mail that Ntaganda was “in the ICC’s custody.”

To learn more about Ntaganda’s crimes in interviews with his victims, please watch this short video uploaded by the Washington Post: “A Powerful Video on War Criminal Ntaganda”

For more information, please see:

AP News – International Court Detains Rwandan-Born Warlord – 22 March 2013

BBC – Bosco Ntaganda: Kagame Promises to Help Transfer to ICC – 22 March 2013

The Economist (blog) – A Surprising Surrender – 22 March 2013

The New York Times – War Crimes Suspect Leaves Congo for The Hague – 22 March 2013

By Ryan Aliman
Impunity Watch Reporter, Africa

YAOUNDE, Cameroon – Cameroon has one of the most aggressive “homosexuality” prosecutions in the world, according to a report released Thursday by four human rights groups.

In cooperation with Alternatives-Cameroun, Association for the Defense of Gays and Lesbians (ADEFHO), and the Cameroonian Foundation for AIDS (CAMFAIDS), Human Rights Watch (HRW) conducted 10 case studies of arrests and prosecutions under article 347 bis of Cameroon’s penal code. Based on this statute, having sexual relations with the same sex is punishable by up to five years of imprisonment.

In their 55-page report, “Guilty by Association: Human Rights Violations in the Enforcement of Cameroon’s Anti-Homosexuality Law,” the human rights organizations revealed that at least 28 people have been prosecuted for same-sex conduct in Cameroon since 2010. Most of them were tortured, forced to confess, denied access to legal counsel, and subjected to “discriminatory treatment by law enforcement and judicial officials.”

The study also found out that most of the arrests were based solely on suspicion, while most of the convictions were based on little or no evidence.

One man from Limbre who was accused of being gay was beaten with an iron belt, in addition to being forced to swim in the gutter. Local police also burned plastic bags on his chest. Another detainee told the human rights groups that authorities had him “sleep naked on the floor and [they] beat him with clubs on his feet so severely that his toenails fell out.” Other men arrested for homosexuality were subjected to anal exams before being sent to jail.

According to the human rights groups, Cameroon’s anti-homosexual laws “violate international human rights standards and Cameroon’s own constitution”. In the first place, Cameroon ratified the International Covenant on Civil and Political Rights (ICCPR) that protects the rights to privacy and non-discrimination. Secondly, as pointed out by HRW, Cameroon is a member of the Commonwealth, which has a charter that opposes discrimination on all grounds.

“Our government and our courts need to recognize that when it comes to Cameroon’s international human rights commitments, they cannot pick and choose on the basis of personal biases,” said Alice Nkom, president of ADEFHO.

Last month, the Association of Cameroon Roman Catholic jurists, a group of lawyers affiliated with the Catholic Church in Cameroon, expressed their support for the country’s anti-gay laws. According to the group, such laws prevent same-sex relationships which they, along with Archbishop of Yaoundé Simon-Victor Tonyé Bakot, describe as “a serious crime against humanity”.

The group’s chairperson, Sandrine Soppo, said that fighting homosexuality “is not a question of human rights violations . . . the question was about human dignity.”

 

For further information, please see:

ABC News – Report: Cameroon Officials Torture Gay Suspects – 21 March 2013

Huffington Post – Cameroon Officials Torture Gay Suspects, Says Human Rights Watch Report – 21 March 2013

Human Rights Watch – Cameroon: Rights Abuses in ‘Homosexuality’ Prosecutions – 21 March 2013

LGBTQ Nation – Report: Cameroon most aggressive country in prosecuting suspected gays – 21 March 2013

Africa Review – Cameroon Catholic lawyers vow to uphold anti-gay laws – 25 February 2013

By Hannah Stewart
Impunity Watch Reporter, Africa

KIGALI, Rwanda — Fugitive Congolese warlord Bosco Ntaganda walked into the US embassy in Kigali, Rwanda on Monday and surrendered.  He asked to be transferred to the International Criminal Court (ICC) in the Hague.  There, Ntaganda faces a litany of war crime charges.

Ntaganda’s surrender came as a surprise, as he effectively ended a career that saw him fight as a rebel and government soldier on both sides of the Rwanda-Congo border during two decades of conflict in Africa’s Great Lakes region.

Born in Rwanda, Ntaganda grew up in Congo; however, he fought alongside Rwandan Tutsi rebels who seized control of the small central Africa country and ended the 1994 genocide.  Estimates for the death toll range from 700,000 to 1,000,000 people.

Ntaganda then returned to Congo, where he took part in a series of rebellions, but also served temporarily as a senior general.  He made a name for himself by smuggling minerals.

During the 2002 and 2003 conflict in Congo’s Ituri province, it is said that Ntaganda kidnapped, enlisted and conscripted children under the age of fifteen as soldiers and used them in the hostilities.  Moreover, it is said that troops under his command massacred hundreds of civilians on ethnic grounds and used rape as a weapon of war.

In 2009, Ntaganda was integrated into the Congolese army with insurgents and has acted a leader of the M23 rebellion.  The M23 rebels have pursued an insurgency in a mineral-rich region of the Democratic Republic of the Congo.  M23 forces embarrassed Kinshasa and UN peacekeepers in fall 2012 by briefly seizing control of the North Kivu province.

The UN has repeatedly denounced this group’s activities and has sanctioned its leaders, accusing M23 rebels of war crimes.

Known as “The Terminator,” Ntaganda was first indicted in 2006 by the ICC for conscripting and using child soldiers during a 2002-2003 Congo conflict.  A second arrest warrant, issued July 2012, accused him of a range of crimes including murder, ethnic persecution and rape.

Neither Rwanda nor the United States has an obligation to hand Ntaganda over to ICC since they are not parties to the Rome Statute that established the court; however, the countries are working towards his transfer.

US State Department spokeswoman, Victoria Nuland told reporters in Washington that, “We are currently consulting with a number of governments, including the Rwandan government, in order to facilitate his request.”  Likewise, ICC spokesman Fadi el-Abdullah said the Court would put in place all necessary measures to ensure a swift surrender.

It remains to be seen why this infamous war criminal suddenly surrendered himself to the authorities now.

To learn more about Ntaganda’s crimes in interviews with his victims, please watch this short video uploaded by the Washington Post: “A Powerful Video on War Criminal Ntaganda”

For more information, please see:

CNN – Suspected War Criminal Surrenders in Rwanda – 19 March 2013

NBC News (blog) – War Crimes Suspect “The Terminator” Surrenders at U.S. Embassy in Rwanda – 19 March 2013

Reuters – Rwanda Says War Crimes Suspect Surrenders at U.S. Embassy – 19 March 2013

The Washington Post – Congo Warlord Bosco Ntaganda, Wanted by the ICC Since 2006, Remains Ensconced at US Embassy – 19 March 2013

By Ryan Aliman
Impunity Watch Reporter, Africa

MOGADISHU, Somalia – Freelance journalist Abdiaziz Abdinur was finally released from imprisonment last Sunday.

Also known as “Koronto”, Abdinur was arrested last month for interviewing a woman who alleged she had been raped by Somali soldiers. He and the alleged rape victim were brought into custody without warrant and were sentenced to a year in jail for “offending state institutions”.

On Sunday, however, the Somali High Court announced that the charges against Abdinur had been dropped. High Court Chairman Aideed Abdullahi Ilkahanaf told the press that the justices found “no evidence to support his charges.”

Abdinur was relieved upon hearing the court’s decision. “I’m happy to be free,” Abdinur told reporters after thanking the international community and journalist organizations for urging the Somali government to free him. “I’m very happy that I got my freedom back, I thank those who worked in this process that helped my release including my lawyers,” he added on his way out from court.

Abdinur’s case fueled worldwide outrage from various governments and human rights groups.

UN Secretary General Ban Ki-moon said he was “deeply disappointed” by Abdinur’s arrest. The U.S. State Department, meanwhile, said his imprisonment “the wrong message to perpetrators of sexual and gender-based violence”.

The Committee to Protect Journalists (CPJ) described it as “a direct assault on press freedom” in the country especially since it is in the process of recovering from civil war and dictatorship.

Condemning the government’s decision to convict Abdinur, Africa director at Human Rights Watch Daniel Bekele reminded Somali authorities that “silencing rape victims and journalists will not end sexual violence, but just reinforce Somalia’s climate of impunity.”

After announcing Abdinur’s release, Prime Minister Abdi Farah Shirdon Saaid acknowledged the “deep-seated problems” with both the armed forces and judicial system. He said that his administration shall implement measures to safeguard the independence of the local media. He hopes to put an end to the threats, arrests, and attacks several journalists have been subjected to. According to him, the local media plays a critical and constructive role “during the hard times of the country.”

But the Prime Minister also reminded the press of their responsibility. He told reporters that they, in turn, “should be professional and work in the line of the ethics of the media and journalism” as they receive protection from the government.

“Somalia is returning to normalcy and peace, the local media should prioritize how to pacify the country and lead harmony within the Somali people,” Prime Minister Shirdon said.

 

For further information, please see:

All Africa – Somalia: Somali Prime Minister Vows Protection of Independent Media – 17 March 2013

Al Jazeera – Somali journalist held over rape report freed – 17 March 2013

BBC News – Somalia frees rape row journalist – 17 March 2013

Reuters – Somali court frees reporter jailed for interviewing rape victim – 17 March 2013

Shanghai Daily – Somalia court frees rape reporting journalist – 17 March 2013