By Erica Smith
Impunity Watch Reporter, Africa

CONAKRY, Guinea – A court in Guinea has charged Col Claude Pivi with murder, rape, and destruction of property for his alleged role in the 2009 massacre of opposition supporters in a stadium in Conakry.

On September 28, 2009, security forces entered and opened fire on peaceful pro- democracy demonstrators gathered in the stadium to protest the military junta.  At least 150 people were shot, trampled, and stabbed and about 100 women were publicly raped, and tortured during the attack.  A subsequent U.N. investigation concluded that the events at the stadium likely constitute crime against humanity and the violence was believed to be a factor in the ending of the junta. Eyewitness accounts place Col Pivi in the stadium during the attack.

Col Pivi was a leading figure in the CNDD military junta at the time of the massacre and is now minister for presidential security.  He is the highest ranking official to be charged thus far and is one of seven leaders from the junta to be charged for the massacre.

There were fears that Pivi  would never be charged for his role in the attack because he still has a loyal following among the army.  Human rights groups have appluaded the action taken by the court, but are concerned that a trial may never take place.  “Our concern is that this must not just be a situation whereby people are indicted and then are left to go about their business as normal. We want to see some further advancement on this issue…we welcome this indictment as it should help us get to the truth. However, we call on this government to make sure that all those indicted persons still in the country should be removed from their posts until they face justice.” Asmaou Diallo, who runs a victims’ support group told BBC news.

Rights groups have also criticized President Alpha Conde, elected in 2010 in Guinea’s first democratic power hand over since the end of colonialism in 1958, for not moving fast enough to prosecute those responsible for the 2009 attack.

For further information, please see:

Washington Post — Court in Guinea charges notorious military commander Claude Pivi for 2009 stadium massacre — 28 June 2013

Human Rights Watch — Guinea: Minister Charged for Alleged Role in Stadium Massacre — 28 June 2013

Chicago Tribune — Guinea charges minister over 2009 massacre of demonstrators — 28 June 2013

BBC News — Guinea stadium massacre: Minister Claude Pivi charged — 28 June 2013

By Danielle L. Gwozdz
Impunity Watch Reporter, Africa

ABUJA, Nigeria – Four prisoners have been hanged in Southern Nigeria; the first known execution in the past seven years.  The justice commissioner of the state of Edo told reports that the prisoners have been convicted of armed robbery or murder.  Local media says that President Goodluck Jonathan recently asked state governors to sign death warrants in an effort to reduce crime.

Today, more than 1,000 prisoners in Nigeria are believed to be on death row.

“If confirmed, these executions mark a sudden, brutal return to the use of the death penalty in Nigeria, a truly dark day for human rights in the country,” stated Nigeria’s deputy director of Africa, Lucy Freeman.

Although these executions are the first known since 2006, Nigerian security forces have been repeatedly accused of extra-judicial killings during that time period.  The human rights organization urged Nigerian authorities to stop all executions immediately and “return to a moratorium on executions in the country.”  Further, this organization stated that “[w]e oppose the death penalty in all cases without exception, as it is the ultimate cruel, inhuman and degrading punishment.”

This execution was initially delayed because of technical issues with the gallows; however, on Monday the executions went ahead.

There also is a fifth man that is intended to be executed.  However, he will not be hanged because his sentence dates back to before 1999 in the military era and his sentence called for him to be killed by a firing squad, which prison authorities were not prepared to do on Monday.

The state’s justice minister told Reuters that the four men “have been on death row for a long time and they were executed yesterday.”  However, he did not state why authorities decided to use the death penalty after a seven year gap.

The four men had made appeals, exhausted their administrative remedies, but their death warrants were signed.

The state’s justice minister states that “[i]f the international community deems it wrong they should approach the national assembly for review of the law.”

For further information, please see:

FBC News — Nigeria executes prisoners for first time since 2006 — 25 June 2013

Africa Eagle — Nigeria Executes Prisoners In Southern State For The First Time Since 2006 — 25 June 2013

Reuters — Nigeria hangs four prisoners in first executions since 2006 — 25 June 2013

BBC News — Nigeria executes prisoners for first time since 2006 — 24 June 2013

Fox News — Nigeria hangs 4 prisoners in first executions since 2006 — 24 June 2013

By Erica Smith
Impunity Watch Reporter, Africa

ABUJA, Nigeria –  Nine students were killed on Tuesday when suspected Boko Haram Islamic militants opened fire at a secondary school in Maiduguri, the capital of Borno State. This is the second attack since Sunday when militants killed seven students and two teachers in Damaturu.

The students at Ansarudeen Private School were taking their final exams when the gunman opened fire. Nine students were killed and many others were seriously injured. Ibrahim Mohammed witnessed the attack and told Reuters:  “I saw five students sitting the exams killed on the spot… Four others were killed as they were entering the school premises.”

Boko Haram, which translates to “Western Education is Sinful”, is believed to have carried out the attack in retaliation for the activities of youth vigilante groups in the area. The youth groups have been patrolling the streets with improvised weapons ,such as metal pipes and machetes, catching and turning suspected militants in to the army. Nigerian President Goodluck Jonathan and the military had recently commended the youth groups for their help combating the militants.

A military spokesperson said that all militants handed over by the groups would be given a fair hearing. However, because there are many people currently in detention and very few people have gone to trial there is a fear that the youth groups will be used as a means to settle scores or begin to make false arrest for money.

In another incident Monday, Boko Haram gunman attacked a group of fisherman on the outskirts of Maiduguri killing 13. Witnesses of the attack say that most of the people killed were relatives of members of a youth group searching for militants in Maiduguri. A fisherman who witnessed the attack told the Premium Times: “We were busy fishing at Alau River when suddenly a gang of gunmen appeared from nowhere, rounded us up and asked all those who are residents of Husari and Gwange to fall on one side.  After sorting us out, they said, ‘Your children brought this fate upon you; they are busy catching our members and handing them to soldiers to be killed’…They then shot them dead and asked the remaining of us to run for our lives and take the message to the youth vigilante.”

North-east  Nigeria has been in a state of emergency since last month. Troops have been sent into the area to try to combat the militants and regain control of the area. The government claims that their campaign has been successful and they have destroyed a number of militant bases and capture over 150 militants.  A BBC corespondent reports that there is little evidence that a large number of militants have been killed.

For more information, please see:

Los Angeles Times — Nigeria’s Boko Haram insurgents striking schools, farms — 20 June 2013

The Independent — Boko Haram Islamist militants kill nine school children in northern Nigeria as punishment for youth gangs working with the army — 19 June 2013

BBC News — Nigeria militants kill school children in Maiduguri — 18 June 2013

Premium Times — Boko Haram kills nine students, 13 fishermen in Maiduguri — 18 June 2013

Reuters — Nigeria Islamists kill 9 students in school attack — 18 June 2013

Premium Times — Gunmen kill seven students, two teachers in secondary school attack in Yobe — 17 June 2013

By Danielle Gwozdz
Impunity Watch Reporter, Africa

JUBA, South Sudan – 120,000 South Sudanese hiding out in malaria-infested swamps cannot receive medical attention because the South Sudan government has prevented humanitarian aid from entering the outside areas of Pibor County, where the victims are hiding. The medical charity Medicins Sans Frontieres (MSF) stated that the thousands of displaced people will die unless the government allows aid in.

In early May, thousands of South Sudanese fled because of the fighting between the government and South Sudan’s rebels. Now the government’s army has refused to allow or facilitate the provisions of emergency medicines, food, and water to the displaced South Sudanese. Those hiding have no access to safe water, food, or medical care.

“MSF knows from years of experience in Jonglei that without medical care people will not be able to live for long and will die of pneumonia and other respiratory diseases,” MSF’s director of operations, Bart Janssens, said in a statement.

This time of the year is the rainy season, which means the area where people are hiding will flood. Also,  malarial mosquitos will be in the area and those sleeping outside will be easy targets for the mosquitos.

Aid agencies were in this area until May 10^th, when security forces went on a rampage and looted several agencies’ compounds and homes, including MSF’s hospital. However, the army denies regular soldiers were involved in this attack, claiming a state wildlife force caused this damage.

Further, people are too afraid to walk into town to seek medical care because they fear being confused for rebels or being caught in cross-fire.

This violence began when South Sudan separated from Sudan in 2011, causing widespread ethnic violence centering in Pibor County. The rebel leader, Yau Yau, is Murle: a minority ethnic group. Yau Yau launched a rebellion in 2010 after failing to secure a seat in the state parliament.

Now the Murle are believed to be angered by the activities of the South Sudanese troops stationed in the area, who are mainly drawn from the Nuer ethnic group, which clashes with Murle.

MSF has made repeated requests to the government to allow them to travel to the areas the South Sudanese people are hiding, but the government still denies them access.

“This will not be a place where people can remain alive,” Janssens further stated.

 

For further information, please see:

KBC (Kenya National Broadcaster) – South Sudan ‘blocks aid to 120,000′ – 16 June 2013

Africa Review – South Sudan ‘preventing aid to Jonglei victims’ – 15 June 2013

The Frontier Post – South Sudan preventing aid – 15 June 2013

BBC News – South Sudan ‘preventing aid to Jonglei victims’ – 14 June 2013

Thomson Reuters Foundation – Thousands face death in swamps as South Sudan govt blocks aid – MSF – 14 June 2013

By Erica Smith
Impunity Watch Reporter, Africa

WASHINGTON, D.C., United States – At a press conference, Justice Hassan Bubacar Jallow, Prosecutor of the (ICTR) and the Mechanism for International Criminal Tribunal urged UN member states “to live up to their obligations to cooperate with the [residual mechanism], and the tracking and the arrest of these fugitives.”

The ICTR is based in Arusha Tanzania and was set up after the 1994 Rwandan Genocide. The Rwandan Genocide saw the killing of at least 800,000 ethnic Tutsis and politically moderate Hutus in a span of three months.

The tribunal has indicted 93 people, all of whom were arrested with the exception of nine men who are still on the run. The nine men are, Augustin Bizimana, the Minister of Defense of the interim Government ; Félicien Kabuga, who is believed to have financed the genocide; Protais Mpiranya, Fulgence Kayishema, Pheneas Munyarugarama, Charles Sikubwabo, Aloys Ndimbati, Ladislas Ntaganzwa and Charles Ryandikayo.

Justice Bubacar Jallow’s call comes as the mandates for the ICTR and the International Criminal Tribunal for the former Yugoslavia are set to expire and the U.N. Security Council has urged the tribunals to conclude their work by the end of 2014. The Council set up the International Residual Mechanism for Criminal Tribunals (IRMCT) in December 2010 to take over any tasks left unfinished when the mandate for the ICTR expires.  The ICTR branch of the Residual Mechanism began functioning in July 2012.

Jallow confirmed that the trial phase of the tribunal’s work is completed and that the tribunal is currently focused on managing appeals. Five of the six remaining appeals will most likely be completed in 2014 before the mandate expires but there is one appeal that is not expected to conclude until July 2015.

Judge Vagn Joensen, president of the International Criminal Tribunal for Rwanda, has stated that a main concern for the tribunal is relocating seven people who were acquitted and three released after serving their terms. The ten individuals are currently in Tanzania in safe houses under the tribunal’s protection. “The ICTR is deeply concerned about the consequences of failing to uphold the fundamental right of freedom to live one’s life after being acquitted, and the importance of finding host countries for these persons before the Tribunal closes cannot be stressed enough,” Mr. Joensen said. “We call upon all Member States [… ] to assist with this persistent problem.”

There is no time limit on prosecutions and when the ICTR’s mandate expires the IRMCT can be activated at anytime to try the fugitives when they are apprehended and precautions have been taken to preserve evidence and testimony against the accused.

Mr Jallow confirmed that even though the tribunal’s mandate is drawing to a close the nine fugitives if apprehended will still face justice. “There is no time limit to the prosecution of these cases. Your hiding does not pay off. The mechanism will not relent,” Mr. Jallow said.

The Office of Global Criminal Justice  is offering up to a $5 million reward for information leading to the arrest or conviction of any of the nine men.

 

For more information, please see:

RTT News – International Cooperation Sought For Capturing Rwanda Genocide Fugitives – 12 June 2013

The Gazette – UN tribunals for ex-Yugoslavia and Rwanda won’t meet UN deadline to finish work before 2015 – 12 June 2013

All Africa – Rwanda: Despite Procedural Delays, UN War Tribunals Still Making Progress, Officials Tell Security Council – 12 June 2013

UN New Centre – Prosecutor of UN Rwanda genocide tribunal urges cooperation to catch roaming fugitives – 11 June 2013