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The Guardian: Former Chad dictator to learn fate after alleged victims’ long fight for justice

Dakar court to give verdict on Monday on whether Hissène Habré is guilty of murder, torture, rape and crimes against humanity

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  • Victims ‘hope for justice’ as former Chad dictator Hissène Habré awaits verdict

Victims ‘hope for justice’ as Hissène Habré awaits verdict

Chad’s former dictator is to learn his fate on Monday after a 26-year battle by his alleged victims to bring him to justice.

A court in Dakar will decide whether Hissène Habré is guilty of murder, torture, rape and crimes against humanity in the culmination of a five-month trial.

The landmark case is the first time the courts of one country have prosecuted the former leader of another for alleged human rights crimes. Activists say it gives hope to the victims of dictators that it is possible to bring their tormentors to justice.

Habré, hiding his face behind sunglasses and a voluminous white turban, sat in court each day to hear dozens of Chadians describe the horrors they suffered at the hands of his officials.

On one of the most dramatic days of the trial, a woman who had been imprisoned at the presidential palace revealed a secret she said she had been hiding for 30 years: she accused Habré of raping her four times.

Habré did not speak and stared straight ahead as she made the allegation, as he did throughout the trial except the first day, on which soldiers dragged the former desert warlord into the courtroom kicking and shouting insults, and pinned him down. Later, his legal team dismissed the woman, Khadija Zidane, as a “nymphomaniac prostitute”.

Habré’s alleged victims have pinned all their hopes on a conviction. Clément Abaifouta, who was a young student when he was arrested and imprisoned for four years, during which he became known as the “gravedigger” because he was forced to bury the bodies of his cellmates, said the experience had ruined his life.

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Watch: Victims ‘hope for justice’ as Hissène Habré awaits verdict

“For my four years of detention, I did not exist. I was like a tiny coin, buried in a hole,” Abaifouta said. “For four years I went through terrible treatment, I slept on the floor. You get sick and you don’t get medicine. You just wait for death to come.

“This has marked my life. I was forced to bury people – my friends – who, maybe, if they had just had an aspirin or some other small treatment, would have survived. Men were taken out of prison only to be killed, and women to be raped. This was a nightmare for me. I was a victim of a system that has broken my life.

Clément Abaifouta testifying in the trial, which was televised.
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Clément Abaifouta testifying in the trial, which was televised.

“When I hear people ask ‘what if Hissène Habré is not convicted?’, I can’t even think about it. Just put me in the fire and burn me now. I was out of my mind when I gave evidence – I could have jumped on him. I couldn’t stand that I was sitting one metre away from the person who did this to me, and he didn’t say a word. It was the worst insult. It was like he took all the victims, and just threw them away.”

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Habré’s legal strategy was to not recognise the Extraordinary African Chambers, which was set up by the African Union and Senegal, the country to which he fled in 1990 when Chad’s current president, Idriss Déby, marched on the capital, Ndjamena, and overthrew his former ally. Before he left the country, Habré is accused of emptying its coffers, money that prosecutors hope can be clawed back and paid to his alleged victims.

The trial breaks new ground in Africa, where there has been growing resistance to the international criminal court’s perceived racism: all the investigations the latter has opened so far have been in African countries. Senegal’s method is being seen as an alternative, and a precedent-setter for the continent.

However, Reed Brody, a Human Rights Watch campaigner nicknamed the “dictator hunter” for his tenacity in pursuing both Habré and Chile’s Augusto Pinochet, thinks the greatest precedent is not a legal one but the message it sends to survivors of other regimes.

“What’s really precendential here is that survivors have fought to bring their dictator to justice. It serves as an inspiration for other victims,” he said.

A document showing the note ‘No prisoner to leave the prison except in case of death’ scrawled in Habré’s handwriting.
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A document showing the note ‘No prisoner to leave the prison except in case of death’ scrawled in Habré’s handwriting.

Prisoners under Habré’s regime were allegedly forced into cells so cramped that they could not turn around; many suffocated to death in the 50-degree heat. Souleymane Guengueng, one of the leaders of the victims’ campaign, stopped breathing three times and nearly died: he considers it an act of God that he did not. He vowed that if he got out he would fight to bring his torturers to justice.

Guengueng’s meticulous documentation of survivors’ stories was key to the prosecution’s case, along with a huge tranche of documents that Brody found strewn in an old Chadian army building. The documents point to 1,208 people dying in detention and 12,321 victims of human rights violations, though in 1992 the Chadian Truth Commission put the death toll at 40,000.

Dapper in a black fedora adorned with bright feathers and a large silver crucifix around his neck, Guengueng, in Dakar to hear the verdict, took off his glasses to reveal damaged eyes, ringed with pale blue. He was locked up in pitch-dark solitary confinement for three months and almost went blind.

“All the suffering we went through in prison, the torture, the deprivation of food and healthcare, led me to wonder how someone could make people endure that – could treat them like animals,” he said. “In court, I was scared Habré would just explode – it was incredible for a human being to take in all the things we said about him and not crack. I will forgive him after justice, not before.”

For Abaifouta, the trial should serve as a warning to other tyrants, and though a conviction cannot mend his broken life, would nevertheless be a relief. “For a victim like me, it’s going to be one of the greatest days of my life,” he said. “For 26 years we have braved fear, violence and humiliation. It’s the climax of our struggle.”

ICTJ: World Report May 2016 – Transitional Justice News and Analysis

ICTJ ICTJ World Report
May 2016

In Focus

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ICTJ Partners Victims, Civil Society and Officials on Transitional Justice in Great Lakes RegionICTJ Partners Victims, Civil Society and Officials on Transitional Justice in Great Lakes RegionCivil society leaders, members of victims’ groups and state officials throughout the Great Lakes region will convene in Kampala, Uganda next week at a conference hosted by ICTJ. Attendees will share their experiences working for redress in their communities and discuss what strategies have proven effective at the local level.

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AFRICAIn Ethiopia, African officials gathered for a two-day conference aimed at discussing and reflecting upon truth commissions and peace processes. In Burundi, crisis talks were postponed in order to allow for further consultations with stakeholders. Reports have found that torture and illegal detention are on the rise in Burundi, and the ICC will begin investigating potential war crimes in the country. In Kenya, three opposition supporters were shot dead in protests demanding reforms to the country’s electoral authority. In Rwanda, the remains of hundreds of genocide victims were buried in Ruhango. The country’s leaders have called on the new UN prosecutor to urge countries hosting genocide suspects to allow them to face justice. In South Sudan, opposition leader Riek Machar was sworn in as vice president, signaling a major breakthrough toward peace for the nation. The UN has expressed concern over human rights abuses in Mozambique, a country that continues to face violent clashes between national security forces and the rebel group Renamo. In The Democratic Republic of Congo, former warlord Germaine Katanga is back on trial, accused of committing crimes against humanity. In Cote d’Ivoire, Lawrence Gbagbo’s trial resumed this month, with the former Ivorian President facing charges of war crimes and crimes against humanity. His wife, who is accused of playing a role in the post-election crisis of 2011, is set to go on trial at the end of the month.

Read More…

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AMERICASIn Colombia, peace talks have continued, with one of FARC’s most feared commanders joining the process. The negotiating parties agreed to release FARC child soldiers, while the government vowed to grant victim status to those under 15 years of age and provide a pardon for those between 16 and 18. AGuatemala congressman has been found to have ties to a death squad responsible for murders, torture, and disappearances during the country’s civil war. In Peru, former dictator Alberto Fujimori’s final appeal was rejected, meaning Fujimori will serve his sentence of 25 years for ordering massacres in the Barrios Altos neighborhood of Lima. In Mexico, the inquiry into 43 missing students ended, despite the UN rights office urging the Mexican government to follow its recommendations for the case. A panel of international experts looking into the case said the Mexican government hampered its efforts. In Argentina, former head of the air force Brigadier Omar Graffigna went on trial for his alleged role in the forcible disappearances of over 30,000 people during the country’s military rule from 1976 to 1983.

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ASIAIn Nepal, the Truth and Reconciliation Commission began registering complaints from victims and their families. However, the government has failed to enact laws that would allow for the effective functioning of the TRC and the Commission of Investigation on Enforced Disappeared Persons, another transitional justice body. In Indonesia, a two-day symposium was held to discuss the anti-communist atrocities that occurred in the country decades ago. The atrocities will finally be investigated, with activists calling for full recognition from the government, as well as protection for the sites and witnesses of the 1965-66 killings. In Sri Lanka, torture remains ‘in frequent use,’ according to UN Special Rapporteur on torture and other cruel, degrading and inhumane treatment. Tamil diaspora groups in the U.S. have demanded the arrest of Gotabaya Rajapaska, former Lankan defense secretary, for the large scale killing of Tamils. In Bangladesh, a probe has begun against Osman Farooq over his alleged role in war crimes in the Liberation War, and two Razakar suspects of Kishoreganj have been indicted on war crimes charges.

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EUROPEA court in Kosovo cleared General Milovan Bojovic of war crimes charges due to lack of evidence. Azra Basic, a woman living in Kentucky, was recently extradited to Bosnia to face charges of murder and torture, war crimes which she allegedly committed over twenty years ago during Bosnia’s civil war.Spain has authorized exhumations from the Valley of the Fallen, a large mausoleum that contains the remains of those who died during the country’s civil war, so that family members may give their relatives proper funerals. Serbia has promised to intensify its war prosecutions, releasing a 415-page action plan to address unprosecuted war crimes and enact judicial reforms.

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MENAIn Tunisia, the “Transitional Justice is also for Women” network, in coordination with ICTJ, submittedthe first collective file to the Tunisian Truth and Dignity Commission. The file was compiled by 10 women associations and detailed discrimination committed against veiled women under “circular 108,” which prohibited their access to work and education. The Islamist Ennahda party declared in its 10th congress that it will separate its religious activities from political ones, saying in a statement that there is “no longer justification for political Islam” in the country post Arab spring. The Tunisian Torture Prevention Organization said that it received 250 complaints of torture in 2015 and is convinced that torture practices persist in Tunisian prisons and during interrogations. Peace talks in Syria stalled when opposition negotiators decided to withhold their participation in the process due to unwillingness on behalf of President Assad’s officials to discuss a transitional government in Damascus. In Egypt 152 people who took part in a street protest last month were sentenced to prison, in a sharp escalation of a campaign by President Abdel Fattah el-Sisi to suppress political dissent in the country.Yemen’s peace process faced challenges when delegates representing Houthi rebels refused to attend peace talks late last month. Libya’s new unity government has started moving into ministry buildings, but the volatile security situation in the area remains a concern.

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Publications

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Learning From Our Past: An Exploration of Truth, Justice, and Reconciliation in KenyaThis educational tool for educators and mentors is designed to help teach young people in Kenya about difficult periods in Kenyan history and foster discussion on issues of justice, democracy, leadership, and their role as Kenyan citizens.

From Principles to Practice: Challenges of Implementing Reparations for Massive Violations in ColombiaThis report examines Colombia’s Victims and Land Restitution Law (2011), which provides comprehensive reparations to conflict victims and restitution to victims of forced displacement who rely on land for their livelihoods – and assesses the challenges of implementing the law under current conditions, which include widespread poverty and ongoing violence.

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Global Centre for the Responsibility to Protect: Atrocity Alert: Iraq, World Humanitarian Summit

Atrocity Alert, No.  6 No Images? Click here

Atrocity Alert is a weekly publication by the Global Centre for the Responsibility to Protect highlighting and updating situations where populations are at risk of, or are enduring, mass atrocity crimes.

© UNHCR/Sebastian Rich

Iraq

On 23 May Iraqi Security Forces began a major offensive to retake Fallujah from the Islamic State of Iraq and the Levant (ISIL). While the government instructed thousands of civilians remaining in Fallujah to leave and promised safe passage, ISIL has prevented most people from doing so. Civilians have been trapped in the city and suffering from acute shortages of food and medicine, with no access to humanitarian aid, since December 2015.

With more than 60 million people around the world displaced by conflict, UN Secretary-General Ban Ki-moon convened the World Humanitarian Summit from 23 to 24 May in Istanbul, Turkey. The Summit brought together delegates from more than 170 countries, as well as intergovernmental organizations and leaders within civil society, to discuss an “Agenda for Humanity.”

UN and humanitarian partners are currently responding to four “Level-3” emergencies – the most severe humanitarian crises – in Iraq, South Sudan, Syria and Yemen. In each of these situations, as well as many others, the world is witnessing widespread and systematic mass atrocity crimes. As UN Deputy-Secretary-General Jan Eliasson noted in his opening remarks to a High-Level Roundtable at the Summit, “International humanitarian and human rights law are under assault… More than 150 years of achievements to protect the most vulnerable during conflict are unraveling. The Geneva Conventions seem to have been forgotten.”

During the Summit, Global Centre Executive Director Dr. Simon Adams moderated a side event, “Security Council Action in the Service of Humanity,” hosted by the Foreign Minister of Liechtenstein, and also spoke at a number of other sessions.

Connect With Us

Eurojust: First EU Day Against Impunity for genocide, crimes against humanity and war crimes: EU is not a safe haven for perpetrators of atrocious crimes

The Hague, 23 May 2016

The first annual EU Day Against Impunity for genocide, crimes against humanity and war crimes took place today in The Hague, under the Netherlands EU Presidency. The event was hosted by Eurojust, and organised in cooperation with the European Commission and the Network for investigation and prosecution of genocide, crimes against humanity and war crimes. Commenting on the day, the Netherlands Minister of Security and Justice stated that ‘the EU is no safe haven for perpetrators of atrocious crimes’.

The objective of this initiative is to raise awareness of the most heinous crimes of genocide, crimes against humanity and war crimes. The EU Day Against Impunity is also intended to promote national investigations and prosecutions, to

• recognise the common efforts of the EU Member States and the European Union in enforcing international criminal law,
• address the position and participation of victims in criminal proceedings for these crimes,
• reinvigorate a Europe-wide commitment to the continuing fight against impunity for these crimes.

The Netherlands Minister of Security and Justice, H.E. Mr Ard van der Steur, stated:

It is primarily the responsibility of states to investigate and prosecute alleged perpetrators of core international crimes. International criminal courts and tribunals are often set up as courts of last resort, and are not able to prosecute ALL violations of international criminal law.

The Minister further underlined that ‘the EU does not want to be a safe haven for perpetrators of atrocious crimes.’

The Commissioner for Justice, Consumers and Gender Equality, Ms Věra Jourová, stated:

The European Commission has made support to victims of crime a priority. Victims in criminal proceedings conducted in the European Union enjoy a wide range of rights under European law, regardless of their nationality or place of residence. Together with the Member States, the European Union has been striving for consistency between the European Union’s internal and external policies in relation to the fight against serious international crimes. Close and swift cooperation between national judicial and law enforcement authorities matter greatly. At the EU level, Eurojust and Europol play a crucial role in this respect.

Eurojust’s President, Ms Michèle Coninsx, stated:

Experience shows that the investigation and prosecution of international crimes, such as genocide, crimes against humanity and war crimes, require cooperation between states. A single state is not able to efficiently and successfully prosecute perpetrators of these heinous crimes. A common EU justice response is vital to ensure that the European Union is no safe haven for criminals. The need for intensified cooperation with third States and partners becomes clear when fighting impunity.

Background

The 1 607 closed and 1 339 ongoing core international crime cases in the Member States demonstrate that the fight against impunity is a reality and current challenge faced by national authorities.

For interviews and further information, please contact:
Eurojust
Ulf Bergström, Head of Communications and External Relations
Tel: +31 70 412 5508
Mobile: +31 646 764 209
E-mail: media@eurojust.europa.eu
Matevž Pezdirc, Head of Genocide Network Secretariat
Tel: +31 70 412 5514
Mobile: +31 646 595 095
E-mail: GenocideNetworkSecretariat@eurojust.europa.eu
Netherlands Ministry of Security and Justice
Karen Temmink, Spokesperson
Tel: +31 625 657 676
E-mail: k.temmink3@minvenj.nl
Melanie Voin, Press Contact for Commissioner Jourová
Tel: +32 (0)2 29 58659
Mobile: +32 (0)460 758 659
E-mail: Melanie.VOIN1@ec.europa.eu

Global Centre for the Responsibility to Protect: Atrocity Alert: Iraq, World Humanitarian Summit

Atrocity Alert, No.  6 No Images? Click here

Atrocity Alert is a weekly publication by the Global Centre for the Responsibility to Protect highlighting and updating situations where populations are at risk of, or are enduring, mass atrocity crimes.

© UNHCR/Sebastian Rich

Iraq

On 23 May Iraqi Security Forces began a major offensive to retake Fallujah from the Islamic State of Iraq and the Levant (ISIL). While the government instructed thousands of civilians remaining in Fallujah to leave and promised safe passage, ISIL has prevented most people from doing so. Civilians have been trapped in the city and suffering from acute shortages of food and medicine, with no access to humanitarian aid, since December 2015.

With more than 60 million people around the world displaced by conflict, UN Secretary-General Ban Ki-moon convened the World Humanitarian Summit from 23 to 24 May in Istanbul, Turkey. The Summit brought together delegates from more than 170 countries, as well as intergovernmental organizations and leaders within civil society, to discuss an “Agenda for Humanity.”

UN and humanitarian partners are currently responding to four “Level-3” emergencies – the most severe humanitarian crises – in Iraq, South Sudan, Syria and Yemen. In each of these situations, as well as many others, the world is witnessing widespread and systematic mass atrocity crimes. As UN Deputy-Secretary-General Jan Eliasson noted in his opening remarks to a High-Level Roundtable at the Summit, “International humanitarian and human rights law are under assault… More than 150 years of achievements to protect the most vulnerable during conflict are unraveling. The Geneva Conventions seem to have been forgotten.”

During the Summit, Global Centre Executive Director Dr. Simon Adams moderated a side event, “Security Council Action in the Service of Humanity,” hosted by the Foreign Minister of Liechtenstein, and also spoke at a number of other sessions.

Connect With Us