By Hannah Stewart
Impunity Watch Reporter, Africa

UNITED NATIONS — On Thursday, the UN Security Council approved the creation of a unique new combat force that will conduct “targeted offensive operations” to neutralize armed groups in conflict-torn eastern Democratic Republic of the Congo (DRC).

By way of response, the Congolese government has welcomed the UN’s decision in hopes of subduing rebel groups along its border with Rwanda.  Spokesman Lambert Mende said the brigade of at least 2,000 troops would “bring some hope of peace.”

This is the first time any UN peacekeeping force has been given such an offensive mandate.  However, the ongoing conflict in the DRC has seen various armed groups creating havoc in the mineral-rich eastern region for two decades.

The brigade will be part of the UN peacekeeping mission in the DRC.  At present, the UN has more than 17,700 peacekeepers and more than 1,400 international police in the DRC; however, they have been accused of not doing enough to stop the violence in the eastern provinces.  The latest rebellion, from 2012 to present, has displaced an estimated 800,000 people in the DRC from their homes.

The UN Security Council resolution stated that the new Intervention Brigade will “carry out targeted offensive operations” to “neutralize” armed groups. In July, forces will be deployed and will include troops from South Africa, Tanzania and Malawi.

The resolution will give the brigade a mandate to operate “in a robust, highly mobile and versatile manner” to ensure that armed groups cannot seriously threaten government authority or the security of civilians.

UN peacekeepers were unable to protect civilians from M23 rebels, whose movement began in April 2012 when hundreds of troops defected from the Congolese armed forces.  Likewise, the resolution strongly condemns the continued presence of the M23 in the immediate vicinity of Goma, the capital of North Kivu province, and its attempts to establish “an illegitimate parallel administration in North Kivu.

Moreover, the Resolution demands that the M23 and other armed groups, including those seeking the “liberation” of Rwanda and Uganda, immediately halt all violence and “permanently disband and lay down their arms.”  It also strongly condemns their continuing human rights abuses including summary executions, sexual violence and the continued conscripting and use of children.

But the resolution states clearly that it will be established for one year “on an exceptional basis and without creating a precedent or any prejudice to the agreed principles of peacekeeping.”  The resolution, sponsored by France, the United States and Togo, says the “intervention brigade” must have “a clear exit strategy.”

It says the Security Council will determine its continued presence based on its performance and according to whether the DRC has made sufficient progress in improving its security.  Moreover, the Congolese are set to form a “rapid reaction force” that can assume responsibility for neutralizing armed groups and reducing the threat they pose to civilians and the government’s authority.

The resolution extends the mission’s mandate until March 31, 2014, and the brigade will be headquartered in Goma.

For more information, please see:

Al Jazeera – UN Approves DR Congo “Intervention Brigade” – 29 March 2013

BBC – DR Hails UN Attack Force – 29 March 2013

Reuters – U.N. Approves New Combat Force to “Neutralize” Congo Rebels – 28 March 2013

The New York Times – U.N. Approves New Force to Pursue Congo’s Rebels – 29 March 2013

By Ryan Aliman
Impunity Watch Reporter, Africa

BAMAKO, Mali – New York-based Human Rights Watch (HRW) released a statement on Tuesday urging the Malian government to look into allegations that soldiers tortured several detainees.

In a study conducted by the group, it is revealed that seven men who are suspected members of rebel groups were “beaten and kicked, burned, injected with a caustic substance, and threatened with death” while in the custody of Malian troops.

From March 11 to March 23, HRW gathered testimonies from detainees about the harsh treatment they received from the army. Tuareg in ethnicity, all seven detainees recalled being taken from Léré to an ad hoc military headquarters in Markala where they were questioned about their suspected affiliation with rebel groups. After denying such accusations, one detainee recounted how they were hogtied and hurled onto the ground “like [they] were bags of rice”.

According to the report, the soldiers also injected two detainees with an unknown caustic substance which damaged their skin. One of the detainees said, “I came to[,] while being dragged along the ground after my hands had been bound with my turban. The next day near sundown a soldier came in, took my arm and injected a substance. I thought it might have been for the pain. . . . I didn’t speak his language so couldn’t ask him. Then he injected my friend who was sharing the cell with me. It started blistering and by the next morning had eaten my skin. I felt as if I would die from the pain. . . . All I want is to return to my village.”

Another detainee described how he was subjected to “waterboarding”. “They told me to crouch down, slammed my head hard against a wall, pulled it back then grabbed a bucket of water and poured it down my nose and into my mouth. . . . While doing this they asked me, ‘Tell us what job you were doing with them and why you had money on you,'” he explained.

HRW’s Senior West Africa researcher Corinne Dufka told the press that the army’s use of torture will only exacerbate the crisis in the country unless the government does something about the issue. “The Malian government should promptly and impartially investigate these and other allegations of abuse or face an increasingly unaccountable military and deepening communal tensions,” she advised.

Last week, the U.N. Human Rights Council adopted a resolution to appoint an independent monitor for Mali which was met with partial criticism from HRW. According to the human rights group, this resolution fell short of addressing reports of abuses by Malian troops. “While we welcome this resolution, the Council’s failure to clearly condemn serious violations recently committed by members of the Malian army is a disservice to the Malian people,” HRW said in a statement.

 

For further information, please see:

Global Post – Malian soldiers get human rights training – 27 March 2013

Human Rights Watch – Mali: Soldiers Torture Detainees in Léré – 26 March 2013

The Windsor Star – Human Rights Watch: Malian soldiers inject suspected extremists with acid – 26 March 2013

Daily Maverick – UN Condemns Mali Rights Abuses, To Step Up Monitoring – 22 March 2013

By Hannah Stewart
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands — Bosco Ntaganda, a Congolese warlord known as “the Terminator” who evaded arrest on war crimes charges for seven years, denied guilt when he appeared for the first time at the International Criminal Court (ICC) on Tuesday.

Ntaganda shocked the international community when he entered the U.S. Embassy in Kigali, Rwanda last week, removed his disguise, and asked to be sent to the ICC.  Within days he was put on a plane to The Hague.

Ntaganda allegedly led rebels who terrorized eastern Congo in brutal fighting from 2002 to 2003.  Moreover, he is accused of various war crimes over a fifteen-year period of fighting in Rwandan-backed rebellions in eastern Democratic Republic of the Congo (DRC).

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.

Dressed in an ill-fitting dark blue suit, blue shirt, and tie – attire most likely provided by the court – Ntaganda appeared uneasy in the courtroom on Tuesday.  He hunched forward and kept his eyes downcast as the hearing began.

Judge Ekatarina Trendafilova asked Ntaganda to state his profession.  He responded simply: “I was a soldier in the Congo.”

After a court official read out the charges against him, Ntaganda confirmed his name, stated his age of thirty-nine and said, “I was informed of these crimes, but I plead not guilty.”

Judge Trendafilova interrupted Ntaganda, stating that the purpose of the hearing was inform Ntaganda of the pending charges and to inform him of his rights.

The judge said that on September 23 the ICC will hold a hearing to assess the strength of prosecutors’ evidence.  After that hearing, the judges will decide whether the case should go to trial.

While many of the Court’s suspects, including Ugandan warlord Joseph Kony and Sudanese President Omar al-Bashir, remain at large and beyond its reach, Ntaganda’s arrival was especially welcome to prosecutors and activists.

International commentators remain hopeful that Ntaganda’s appearance before the ICC after years of impunity will lead to justice for victims of war crimes perpetrated in the DRC.  Geraldine Mattioli-Zeltner of Human Rights Watch said, “Ntaganda’s detention in The Hague shows that no one is above the law.”

For more information, please see:

BBC – DR Congo: Bosco Ntaganda Appears Before ICC – 26 March 2013

The Huffington Post – Bosco Ntaganda Pleads Not Guilty to War Crime Charges Before ICC – 26 March 2013

The New York Times – War Crimes Suspect Tells the Court He Was Just “a Soldier” – 26 March 2013

The Telegraph – Bosco Ntaganda in the ICC: Profile of the Terminator – 26 March 2013

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