By Elizabeth Costner
Impunity Watch Senior Desk Officer, Africa

THE HAGUE, Netherlands – The trial of former Liberian President Charles Taylor finished its third week with continued testimony from Father Chema, a Senior Researcher for Human Rights Watch, and a linkage witness.   

Father Chema continued his testimony regarding his work with child soldiers in Sierra Leone.  He detailed the rehabilitation programs and the progress the social workers have been able to make with the children.  While approximately 95 percent of the children have been rehabilitated, some were unable to overcome their addiction to drugs or would run away to rejoin their commanders.  Many of the girls had problems as well and would turn to prostitution. 

On a brief cross-examination, Defense Counsel Andrew Cayley worked to establish that child soldiers are used throughout many countries and that it is not a strictly African or Sierra Leonean or RUF practice. 

The next witness for the prosecution was Corrine Dufka, a Senior Researcher for the Africa Division of Human Rights Watch specializing in West Africa.  After the defense counsel strongly objected to the qualification of Ms. Dufka as an expert witness, and the Court ruled that any decision regarding her qualifications were premature, the prosecution began their examination.   

Ms. Dufka presented a report she prepared for the trial, which covers the period of 1998 to 2003/2004 and consists of first-hand victim and witness accounts.    The various documents and studies cited in her report cover the history of the conflict, abuses during armed conflict, war crimes by the Liberian government, and evidence of atrocities in Sierra Leone.   The Prosecution continued the direct examination with questions regarding sexual violence in Sierra Leone and Liberia. 

On cross-examination, Defense Counsel attempted to discredit Ms. Dufka as an expert witness and vigorously questioned her impartiality.   Following her testimony, the Prosecution asked the court to introduce her report into evidence, to which the Defense again objected.  The Court granted the Defense’s request for written submissions regarding her expert status, and the issue will be decided next week.

The Prosecution next called linkage witness Abu Keita.  Keita joined the AFL (Armed Forces of Liberia) in 1990.  When the Sierra Leonean army disarmed the AFL, Keita joined the LUDF (Liberia United Defense Force) in Sierra Leone.  The LUDF was founded to fight the RUF and received weapons from the Sierra Leonean government.   When the LUDF split Keita was a General with one of the branches until it was disarmed in 1996.  Keita testified as to Taylor’s involvement in RUF abuses.   He detailed the RUF activities outside of Sierra Leone, abuses against the peacekeeping forces, the use of diamond mines and child soldiers, the practice of performing amputations, and combatant deaths.

The defense counsel cross-examined Keita, attacking inconsistencies in his statements and his credibility. 
The Prosecution then called witness TF1-371, a protected witness who will give testimony in a closed session.

Yesterday Vamba Sherif, whose brother testified last week, told BBC that his family had received repeated death threats. 

For more information, please see:

Trial of Charles Taylor blog

BBC – ‘Death threats’ over Taylor trial – 25 January 2008

By Myriam Clerge
Impunity Watch Reporter, Eastern and Southern Africa

NAIROBI, Kenya – Yesterday, President Mwai Kibaki and Raila Odinga met for the first time since the December 27 election that has triggered political and ethnic clashes. The talk was mediated by former UN Secretary General Kofi Annan, in hopes of coming to a peaceful resolution to the dispute. Unfortunately, a solution was not resolved at the meeting.

In fact, Odinga claims he was offended by Kibaki’s comment that he was Kenya’s “duly elected” president. Today, Odinga informed the press that he would not take a prime minister position under Kibaki and the only acceptable options were Kibaki’s resignation, a vote re-run, or a power-sharing leading to constitutional reform then a new election.

The post-election violence was another issue discussed at the meeting. Both sides expressed concerns and commitments to end the violence and yet each side accused the other of genocide.

Meanwhile, at least, twelve people were killed in Rift Valley after violence erupted in the town of Nakuru. Hundreds of people were taken to the hospital after members of President Kibaki’s Kikuyu tribe and Luos and Kalenjins, who backed Odinga, fought in the street, burned homes and looted businesses. A curfew has been imposed.

As the inter-ethnic violence continues, fear of genocide increase. According to Reverend Cornelius Korir, the catholic bishop of Eldoret, near western Kenya, the attacks targeted specific ethnic groups and were thoroughly prepared and organized. The Human Rights Watch has also claimed that they have evidence “that ODM politicians and local leaders actively fomented some post-election violence.”

The incessant violence has caught the attention of the Office of the Prosecutor at the International Criminal Court (ICC).  The ICC was organized to exercise jurisdiction and prosecute incidents of serious crimes like genocide, crimes against humanity, war crimes and the crime of aggression. As the number of deaths rise within Kenya’s two largest ethnic groups, the ICC has taken the initiative to closely monitor the crisis. 

Kenya, a state party of the ICC, signed the Statute in August 1999. Despite Kenya’s membership, the ICC can only intervene if the case is not the subject of an investigation by national jurisdiction or the State is unwilling or incapable of prosecuting.

For more information please see:

Reuters: Africa- Worried Kenyans Fear More Rift Valley Bloodshed – 25 January 2008

AllAfrica.com – Kenya: Violence, Death and Justice – 23 January 2008

BBC- Kenya Ethnic Attack ‘Planned’ – 24 January 2008

By Meryl White
Impunity Watch Reporter, Western and Central Africa

ABUJA, Nigeria –   An Islamic scholar who is accused of having ties to the terrorist network, Al-Qaeda, has appeared in an Abuja court. The defendant, Muhammed Ashafa, was arrested in 2004 in Pakistan. He was arrested on grounds of “reasonable suspicion” of planning terrorist attacks.  Security Services in Pakistan deported him to Nigeria last year.

According to the criminal information filed against Ashafa, he is suspected of gathering information and planning terrorist attacks on residences of Americans who live in Nigeria.

Ashafa’s lawyer, Mary Obegolu stated outside the court. “If they had reasonable suspicion why didn’t they charge him in Pakistan? Where are the facts? Suspicion, no matter how great does not mean it is automatically a conviction.”

Ashafa claims that he was tortured into confessing a terrorist attack that was targeted against America. He claims to have made 20 statements to the SSS “but all were torn and thrown into the dustbin because they did not reflect the necessary ingredients of the terrorism charge.”

Nevertheless, two agents from the State Security Services testified on Wednesday that Ashafa had signed the confession voluntarily. Moreover, presently, the Prosecutor has stated the prosecution will oppose any applications to bail on behalf of Ashafa.

For more information, please see:

All Africa – Nigeria: Accused Alleges Torture By SSS – 24 January 2008

BBC- Nigeria: Al Qaesa man in Court  – 24 January 2008

All Africa – Nigeria: Pandemonium in Court as Trial of Nigerian Leader of Al-Qaeda Begins – 23 February 2007

By Elizabeth Costner
Impunity Watch Senior Desk Officer, Africa

KHARTOUM, Sudan – Musa Hilal, the leader of the Arab militia known as Janjaweed, has been appointed as special advisor to Sudan’s Ministry of Federal Affairs.   The international community has spoken out in outrage over this appointment, as the Janjaweed are seen as one of the architects of the genocide in Darfur.  The militia is accused of some of the gravest human rights violations in the Darfur region.   

Hilal and the Janjaweed are accused of razing African villages, the murder of citizens, the raping of women and girls, and the displacement of 2.5 million people.  In April 2006 the UN Security Council imposed travel and financial restrictions on Hilal and three other militia leaders. 

The Sudanese government has been accused of supporting the Janjaweed, however they have repeatedly denied any involvement and insist that the Janjaweed act on their own.  These denials are in contradition to what Hilal told Human Rights Watch in 2004.  In an interview with the organization, Hilal stated that he had always acted under orders from the government.

Sudanese President Omar al-Bashir defended the appointment of Hilal, maintaining that he had “contributed greatly to stability and security in the region.”  “In Sudan we don’t think the claims against Hilal are true” he said.  “The people who really commit murders in Darfur are receiving help from Europe and others.”

On Sunday Human Rights Watch labeled Hilal as the “poster child for Janjaweed atrocities in Darfur” calling the assignment a “slap in the face to Darfur victims and the UN Security Council.” 

Hilal is the third alleged war criminal to be given an appointment in the government.  Two individuals indicted by the International Criminal Court have also received appointments, with one of them being put in charge of humanitarian aid to Darfur. 

The five-year conflict in Sudan has killed an estimated 200,000 and has displaced 2.5 million.

For more information, please see:

International Herald Tribune – Once again, Sudan shows its scorn for the world – 23 January 2008

Washington Post – Sudan Names Janjaweed Figure as Top Advisor – 23 January 2008

VOA News – US Gov’t ‘Deplores’ Sudan’s Appointment of Darfur Militia Leader – 22 January 2008

Reuters – U.S. criticizes Sudan over Darfur militia chief – 22 January 2008

Human Rights Watch – Sudan: Notorious Janjaweed Leader Promoted – 20 January 2008

By Meryl White
Impunity Watch Reporter, Western and Central Africa

KINSHASA, Congo – In the past ten years, more than 45,000 Congolese are killed each month by war, disease, and malnutrition. In total, the conflict in the Democratic Republic of Congo has cost the lives of over 5.4 million victims. According the International Rescue Committee (IRC), the war in DRC between the years of 1998- 2003 has resulted in more deaths than any other conflict following World War II.

Even though the civil war formally ended 5 years ago, “ongoing strife and poverty continue to take a staggering toll” on the welfare and livelihood of the nation. Presently, diseases such as malaria, diarrhea, pneumonia and malnutrition, are causing the Congolese people to die at such a staggering rate.

Richard Brennan, IRC Director of Global Health Programs stated that “most of the deaths are due to easily treatable and preventable diseases through the collapse of health systems and the disruption of livelihoods.” Humanitarian workers estimate that around 1,000 people die a day in DRC.

Relief can come through stronger assistance from the international community. The IRC has called for security reforms, and increased spending on basic health services. Moreover, the government would fare better with increased spending and monetary assistance to support the 17,000-strong United Nations peacekeeping mission in Congo.

Presently, the displaced people of the DRC just want peace. Domina Maniriho,a 37-year-old mother of six and a resident of the Mugunga, displaced persons’ camp was quoted as saying “We eagerly wait for the guns to fall silent, for Laurent Nkunda’s [forces] to give up their arms and we will return to our homes.”

On Monday, Congo reached an agreement with Nkunda to bring peace to the DRC. Rebel troops have promised to withdraw from some of their positions to make way for UN peacekeeping forces.

For more information, please see:

MSNBC- Congo conflict claims 5 million lives in 10 years  – 22 January 2007

All Africa – Congo-Kinshasa: The Displaced Just Want Peace    – 22 January 2007

The Age – Congo Strikes Truce with Army Rebels  – 22 January 2007