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“The Beauty of the law is that There is no Place to Hide.” Trial of Mahamat Said Opens

By: Nikolaus Merz

Impunity Watch News Staff Writer

THE HAGUE, Netherlands – On Monday September 26th, 2022, the trial of Mahamat Said Abdel Kani began in the sixth chamber of the International Criminal Court with opening remarks by the prosecution.

Mr. Said at the opening of his trial. For his role as de facto commander of the Central Office for the Repression of Banditry, Mr. Said is accused of War Crimes and Crimes Against Humanity under the Rome Statute. Photo courtesy of the International Criminal Court.

The Central African Republic (“CAR”) devolved into civil conflict in 2012, as the anti-government militia group the “Seleka” began armed resistance against President François Bozizé’s government. As the Seleka advanced and occupied the CAR capital of Bangui, they incorporated existing institutions and structures into their organization. In particular, the Central Office for the Repression of Banditry, or “OCRB,” was repurposed by the Seleka to suppress perceived resistance to the militia. Mr. Said, having been appointed de-facto commander of the OCRB by his superiors, had full authority over the Seleka elements within the OCRB in Bangui.

Shortly after establishing a basis of control, Seleka began persecuting people believed to be threats to its power; predominantly targeting Christians, members of the Gbaya tribe, and others with perceived ties to the government of François Bozizé. The OCRB under Seleka control is accused of extorting, harassing, and abducting civilians – often without evidence or justification.

Once in OCRB custody, victims would be held under inhumane conditions, including cramped, overcrowded cells, as well as pits in the earth. Witnesses are expected to testify that the few times they could leave the cells were to be beaten by members of the Seleka. Victims were frequently tortured by a variety of methods, including (but not limited to): being whipped while having gravel on their backs (so as to enhance the pain of the whipping), having their body parts be pulled with pliers, and having their limbs bound in such positions to cause extreme agony and even partial paralysis.

The arrest warrant for Mr. Said was issued in 2019, and he only recently entered International Criminal Court (“ICC”) custody in late 2021. Following a pre-trial decision confirming the charges, Mr. Said stands accused of seven counts of War Crimes and Crimes Against Humanity stemming from eighteen instances of “attritional violence.” The counts include deprivation of liberty, torture, outrages upon personal dignity, and persecution among others.

At the beginning of his trial, Mr. Said pled not guilty to all charges against him.

Prosecutor Khan, delivering the opening statement of the prosecution, highlighted the resolve of Mr. Said’s victims, as well as the long and arduous journey the case has endured to date. Prosecutor Khan further emphasized the sense of justice the case invoked, which reverberated to the core principles of the ICC, saying in simple yet powerful terms “the beauty of the law is that there is no place to hide.” The prosecution is expected to call 43 witnesses during the course of the trial.

The Court will convict Mr. Said only if the charges have been proven beyond a reasonable doubt.

For further information, please see:

ICC – Case Information Sheet – The Prosecution v. Mahamat Said Abdel Kani – Aug. 2022

ICC – Decision on the confirmation of charges against Mahamat Said Abdel Kani – 9 Dec. 2021

ICC – Public Redacted Version of ‘Warrant of Arrest for Mahamat Said Abdel Kani’ – 7 Jan. 2019

ICC – Said trial opens at International Criminal Court – 26 Sept. 2022

IntlCriminalCourt – Said case: Trial opening, 26 September 2022 – 1st session FLOOR – 26 Sept. 2022

Ashurst Russia Sanctions Tracker

Ashurst LLP, an international law firm, has been keeping an updated tracker of the sanctions being placed on Russia in response to the Russian invasion of Ukraine. The tracker keeps record of the sanctions being placed by the United Kingdom, the European Union, Japan, and Australia. The tracker can be accessed here.

France Violated Rights of French Children Detained in Syrian Detention Camps by Failing to Repatriate Them, UN Committee Finds

By: Holly Popple

Journal of Global Rights and Organizations, Senior Associate Editor

GENEVA, Switzerland — France violated French children’s rights by failing to repatriate them from Syrian detention camps in which they were detained for years in dangerous conditions, according to new findings issued by the UN Child Rights Committee.

Detainees at a detention camp in northern Syria in 2019. Photo courtesy of The New York Times.

The Child Rights Committee, which monitors States parties’ adherence to the Convention on the Rights of the Child, issued its findings after considering three separate cases filed by a group of French nationals whose relatives were currently detained in Rawj, Ayn Isa, and Hawl camps in northeastern Syria, which is under the control of Kurdish forces.

The three cases involved 49 children who were detained in these camps due to their parent’s alleged ties with Da’esh, an ISIL terrorist group. Of those 49 children for whom the cases were brought, 38 remain detained in these camps without a timeline for release. Most of these children are under twelve and many are as young as five years old.

In these findings, the Committee condemned France’s failure to repatriate these children based on the lack of due consideration given to the best interests of the child victims when reviewing requests for repatriation, in part due to the inhumane and life-threatening conditions endured by detainees. Committee member Ann Skelton commented on the state of the camps, saying, “The children are living in inhuman sanitary conditions, lacking basic necessities including water, food and healthcare, and facing an imminent risk of death.” She recounted the fact that since 2021, 62 children have reportedly died in the camps and called on France to take immediate action to protect the children. This immediate action refers to repatriation when viable but includes additional measures in the meantime meant to mitigate the health and safety risks of detainees while they still reside in Syria.

Health concerns from unsanitary conditions are far from the only issue that implicates human rights violations occurring in these camps. Children are deprived of their right to education, liberty, security, life, and freedom from violence. Physical violence, psychological trauma, harassment, violent extremism, and trafficking are rampant in these camps and pose a daily threat to those who live there.

Many countries have been hesitant to repatriate these children due to both legal and practical concerns, citing national security concerns and logistical difficulty in ascertaining the identity and nationality of the children as top reasons for the failure of repatriation of the children thus far. However, the interests in protecting these children from the harm they endure from continuing to be detained in these camps cannot be justified by the fact of their parent’s alleged ties to ISIL. France and other countries that have the power to repatriate these children must take action to prevent more human rights violations and return them to their country of origin.

For further information, please see:

HIR – French Children in Syria: The Repatriation Question – 13 May 2021

OHCHR – Convention on the Rights of the Child – 2 Sept. 1990

OHCHR – France Violated Rights of French Children Detained in Syria by Failing to Repatriate Them, UN Committee Finds – 24 Feb. 2022

OHCHR – The World Must Bring Children Home from Syrian Detention Camps – 22 Sept. 2021

OSJI – European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria – Jul. 2021

UN News – France Violated Rights of French Children Detained in Syrian Camps – 24 Feb. 2022