Africa

Senegalese Judges to Investigate War Crimes in Chad

By Ryan Aliman
Impunity Watch Reporter, Africa

N’DJAMENA, Chad – The governments of Senegal and Chad signed an agreement last Friday allowing Senegalese judges to investigate war crime cases in Chad from the regime of Chadian dictator Hissène Habré.

Former Chad dictator Hissene Habre leaving a court in Dakar eight years ago. (Photo courtesy of Voice of America)

According to Senegalese Justice Minister Aminate Toure, the agreement signed in Dakar will ease the movement of judges by allowing them to conduct their own investigations on Chadian soil.

“I have a pious thought for the victims who have suffered too much and begin to despair. The trial cannot take place unless the investigators are allowed to move freely in Chad,” Toure’s Chadian counterpart Jean Bernard Badare added.

The Senegalese judiciary is expected to look into the alleged atrocities committed from 1982 to 1990 for which Habré is tried for by a special tribunal in Dakar. He is currently facing charges of more than 40,000 cases of political killings, torture, and crimes against humanity. He has been living under house arrest in Dakar since 1990.

Chad allowing Senegal to try and investigate Habré is a first in world affairs. Usually, when a leader of one country is accused of human rights violations, his trial takes place within his home country or under the jurisdiction of the International Court of Justice (ICJ) in The Hague.

Nevertheless, human rights groups including Human Rights Watch (HRW) say that the decision of the two governments will “greatly facilitate the work of the court and help move the long-delayed case forward.”

“Investigating and prosecuting crimes that happened 20 years ago in another country is a very complex task. And normally, judges from one country have to go through a very cumbersome task to collect evidence from another country. What this agreement does, is it basically allows the court to investigate in Chad, as if they were investigating in Senegal,” explained Reed Brody, a HRW lawyer who has been working with Habre’s victims since 1999.

Brody also said that the agreement will compel the Chadian government to protect witnesses involved in Habre’s case and to hand over any documents the Senegalese judges may request.

“It’s important for the integrity of the process that Senegalese judges see that evidence and weigh that evidence before them – the court that’s going to try Hissène Habré. And the judges are also looking for evidence that could exculpate Hissène Habré. So they need to look at witnesses who Hissène Habré wants to present,” he said.

The Chadian government is expected to hand over the materials to the Senegal court this week for the ongoing preliminary investigations.

 

For further information, please see:

Africa Review – Senegal, Chad sign agreement to facilitate Habre’s trial – 5 May 2013

UPI – Senegal, Chad agree to investigate war crimes in Chad – 4 May 2013

Voice of America – Senegal, Chad Sign Agreement to Investigate Wartime Crimes – 4 May 2013

Global Post – Senegal investigators allowed into Chad for Habre case – 3 May 2013

Gambian Journalists Clash with Government

By Ryan Aliman
Impunity Watch Reporter, Africa

BANJUL, Gambia – Last Friday, Gambian journalists and activists demanded the government to stop harassing them. They clamored against the increasing number of arbitrary arrests and detention of the administration’s critics.

President Yahya Jammeh has remained in power since 1994. (Photo courtesy of The London Evening Post)

Reports say that the crackdown on alleged critics of the government has become more severe over the past few years. Security agencies such as the National Intelligence Agency (NIA) have been strictly monitoring the press and detaining anyone who published reports criticizing the government.

Five months ago, the NIA imprisoned an imam, Baba Leigh, for describing the government’s decision to execute nine death row inmates as “un-Islamic”.

Joined by other activists, Hamat Bah of the opposition National Reconciliation Party (NRP) cried out for the imam’s release, reminding the administration of the unconstitutionality of Leigh’s arrest.

According to the Gambia Press Union (GPU), by depriving its citizens their right to voice their opinion and be informed, the government effectively tarnishes the image of the country. It also “retards professionalism and overall development of the media,” said GPU President Emil Touray.

“The banning of journalist Binta Bah of the Daily News from covering a court proceedings, deportation of BBC journalist Thomas Fessy, the summary closure of Teranga FM, Daily News and Standard newspaper in addition to arrests of journalists Babucarr Ceesay, Abubacarr Saidykhan and Abdoulie John are clear indications that media freedom is deteriorating in this country,” Touray stressed out. He also added that the executive should continue to investigate the murder of Deyda Hydara, co- publisher’s of The Point newspaper and the disappearance of Chief Ebrima Manneh of the Daily Observer. According to Touray, there remains a need “to expand the democratic space in the country.”

However, the government released a statement the other day denying any such claims of abuse. Reacting to a case study by the UK Foreign and Commonwealth Office (FCO) about human rights, which included the Gambia, President Jammeh’s administration called the allegations of harassment a “blackmailing” tactic.

“All the issues highlighted in the FCO report on the death penalty, detentions, censure of newspapers and radio stations, the sanctioning of voices intent on social destabilization are soon remedied by consultation, collaboration and support to practitioners in the development of self-regulatory organisms and improved standards rather than the apparently more desired effect of the all-out blackmailing of the government of the Gambia while the abundant signs of progress and growth in the conditions of the people are ignored by the media and some others who are supposed to be partners in our development,” the statement said.

 

For further information, please see:

AfriqueJet – Medias: Gambian government urged to stop harassing journalists – 4 May 2013

All Africa – Gambia: Authorities Debunk UK Human Rights Abuse Claim – 3 May 2013

The Blade – Gambian activists want imam released – 3 May 2013

Yahoo News – Activists call for release of imam in Gambia – 1 May 2013

Ghana Bans Traditional Killing of Disabled Children

By Ryan Aliman
Impunity Watch Reporter, Africa

ACCRA, Ghana – Seven communities in the Upper Eastern region of Ghana have officially decided to end the traditional practice of killing “spirit children” on Saturday.

David, formerly a ‘spirit’ child, is among those who were accused of being possessed by evil spirits. (Photo courtesy of The Guardian)

“Spirit children” are usually those who were born with physical disabilities, believed to have been possessed by evil spirits, or thought to cause the family bad luck. Babies labeled as such were then brought to “concoction men” who would give the young ones poisonous herbs to kill them and prevent them from bringing misfortune to their families.

Beginning Saturday, these “concoction men” will have new roles. Because of the ban on the killing of “spirit children”, the “concoction men” of the towns of Kandiga, Manyoro, Mirigu, Nabango, Natugnia, Sirigu and Yua, will now be working with disabled children to promote their rights. Now addressed as “life promoters”, they are tasked to visit various schools and communities to make residents aware of the lives and rights of children with disabilities. However, before they can assume this new role, they have to register themselves under the National Health Insurance – who will also reward them: four goats, a bicycle each and food for turning over a new leaf.

The proclamation to prohibit the practice once and for all is reportedly the result of 12 years of intensive education against infanticide by child rights group Afrikids Ghana. Nicholas Kumah, the organization’s director, attributed the success of Afrikids’ advocacy with the communities’ realization that there is a need to change the local mindset. After more than a decade of rescuing and resettling families of over 67 children affected by the spirit-child phenomenon, involved community leaders finally saw the importance of protecting children especially those with deformities.

“One major achievement is how one child, Paul Apowida, who was accused of being a spirit child and was given infanticide, fought for his life and survived. Today, Apowida is a rifleman in the British Army,” Kumah said. “What this means is that if anyone is caught in the act of accusing a child of being a spirit child and administering infanticide to that child, he will be made to face the full rigours of the law,” he further explained.

Speaking on behalf of the chiefs and people of the seven communities, the Paramount Chief of Kandiga, Naba Henry Amenga-Etego, said that the “spirit children” were “victims” of a “demonizing practice”. “We have lived with this practice for many years but it is a joy that we did not remain in this belief but did all we could to bring an end to it. No child should suffer any form of abuse as a result of whatever circumstances he or she is born with. . . . We will allow the law to deal with anybody who still goes ahead to engage in the practice,” Amenga-Etego added.

 

For further information, please see:

BBC News – Ghanaians ban ‘spirit child’ killing – 29 April 2013

Ghana Business News – Seven communities abolish practice of killing infants with deformities – 29 April 2013

Global Post – ‘Spirit children’ killings banned in 7 Ghana communities – 29 April 2013

GhanaWeb – Killing of ‘spirit children’ abolished in Upper East Region – 28 April 2013

 

Darfur Rebel and ICC War Crime Suspect Killed

By Hannah Stewart
Impunity Watch Reporter, Africa

THE HAUGE, Netherlands — Saleh Mohammed Jerbo Jamus, a Sudanese rebel charged with war crimes in Darfur by the International Criminal Court (“ICC”) has been killed, his defense team has said in a statement.

Saleh Mohammed Jerbo Jamus voluntarily surrendered to the ICC in 2010. (Photograph Courtesy of the BBC via Associated Foreign Press)

An ICC document published on Tuesday read: “The Defense of Mr. Saleh Mohammed Jerbo Jamus hereby notifies the trial chamber, with great sadness . . . that Mr. Jerbo died in North Darfur, Sudan on the afternoon of April 19, 2013, and was buried the same day.”

Jerbo, 36, faced charges regarding a deadly attack on African peacekeepers in Darfur in 2007.  Jerbo and fellow Darfur rebel leader Abdallah Banda Abakaer Nourain face three war crimes charges relating to the killing of 12 African Union peacekeepers in an attack on the AU’s Haskanita camp in September 2007.

The two men voluntarily surrendered to the ICC in 2010 and while facing charges, have been free to leave the Netherlands and appear before the Court when summoned.  In 2011, a pre-trial chamber found that there were “substantial grounds” to proceed with trial.

As such, the trial date was set for May 2014; however, before The Hague can drop the case, the Court must receive proof of his death.

Four others are wanted for war crimes in Darfur: Sudanese Defense Minister Abdelrahim Mohamed Hussein; former Sudanese government minister Ahmad Harun; pro-government Janjaweed militia leader Ali Kushayb; and Sudan’s President Omar al-Bashir, whom prosecutors accuse of genocide, crimes against humanity and war crimes in Darfur.

President al-Bashir continues remain at large, defying an ICC arrest warrant as he travels around the continent.

According to the United Nations, at least 300,000 people have been killed in Darfur and two million people have been displaced since the conflict began 10 years ago when rebels began attacking government targets, accusing the Arab-dominated Khartoum regime of oppressing black Africans in favor of Arab communities.

For more information, please see:

AFP  – ICC War Crimes Suspect Killed in Darfur: Laywers – 24 April 2013

All Africa – Sudan: ICC Suspect, JEM-Bashar Deputy Presumable Killed in Darfur – 24 April 2013

BBC – Darfur War Crimes Suspect Rebel Jerbo “Killed in Sudan” – 24 April 2013

Radio Dabanga – Lawyers say ICC Suspect Jerbo Killed in Darfur – 24 April 2013

Nigeria: Violence Between Boko Haram and Army Leaves “Scores” Dead

By Hannah Stewart
Impunity Watch Reporter, Africa

BAGA, Nigeria — Between Friday and Sunday, fighting between Nigeria’s military and Islamic extremists reportedly killed at least 185 people and injured more than 70 in a fishing community in northeastern Nigeria.  During the attack, insurgents used fire rocket-propelled grenades and soldiers sprayed machine-gun fire into neighborhoods filled with civilians.

A young girl amid the burned ruins of Baga, Nigeria, on Sunday. (Photograph Courtesy of the Associated Press)

The fighting began Friday when Nigerian army forces surrounded a mosque where they believed Boko Haram members were hiding out.  The fighting broke out after Boko Haram militants killed a military officer, news agencies reported.  Nigerian security forces then surrounded a mosque that they described as a base for militants and Boko Haram fighters exchanged automatic weapons fire in civilian neighborhoods.

Military officials said the militants deployed heavy machine guns and rocket-propelled grenades and used the civilian population as “human shields.”  On Sunday, when government officials entered the city they found absolute destruction: homes, businesses and vehicles were burned throughout the area.

Many of the deaths occurred when a fire swept through the town, a small fishing town on the shores of Lake Chad in the Borno state near Nigeria’s three-way border with Cameroon and Chad.  It was not clear how many of the dead were soldiers, militants and civilians, in part because many were burned beyond recognition.

Borno state military spokesman Sagir Musa said initial reports were highly inflated.  “There could have been some casualties, but it is unthinkable to say that 185 people died,” Musa said, according to Agence France-Presse.  “On my honor as an officer, nothing like that happened.”

The assault marks a significant escalation in the long-running insurgency Nigeria faces in its predominantly Muslim north, with Boko Haram extremists mounting a coordinated assault on soldiers using military-grade weaponry. The killings also mark one of the deadliest incidents ever involving Boko Haram.

Boko Haram, which means “western education is a sin,” seeks to establish an Islamic caliphate in Nigeria, a country of 170 million split evenly between Christians and Muslims.

For more information, please see:

Al Jazeera  – Scores Killed in Nigeria Violence – 22 April 2013

BBC – Nigeria Fighting “Kills Scores” in Baga – 22 April 2013

Los Angeles Times – Dozens Killed in Gun Battles in Northern Nigeria – 22 April 2013

Reuters – Nigeria Says Heavy Fighting in Northeast, No Word on Casualties – 22 April 2013