by Laura Hirahara
Impunity Watch Reporter, Africa

FIZI, SOUTH KIVU, DR Congo-Lieutenant-Colonel Daniel Kibibi Mutware and 11 other soldiers under his command were sentenced to prison terms ranging from 10-20 years today in the Democratic Republic of Congo after facing trial for the New Years day mass rape in the South Kivu village of Fizi.  Forty-nine female victims from Fizi testified, saying that the colonel and his soldiers carried out an attack that last for nine hours during which soldiers kicked down doors, stealing money from the homes and raping the women.  One witness brought the clothes she had been wearing the night of the attack and threw the bloody, torn garments on the ground as she testified.  One grandmother from the village recounted being beaten and raped by 12 soldiers in front of her husband and children.  Despite Mutware’s defense that he is a “valiant soldier”, presiding judge Freddy Mukendi stated, “He did not prevent his soldiers from carrying out these acts, so in consideration of the Treaty of Rome and the Congolese military penal code, Colonel Kibibi and the other soldiers have committed crimes against humanity by rape, by terrorism and by inhuman acts.”

While today’s decision is remarkable in a country where few war-rapes are ever prosecuted, many say this is only a first step.  Witnesses at the trial say that many of the soldiers responsible for the January attack are still in and around Fizi.  According to the court, only those perpetrators that could be identified by witnesses were charged.  However, in the DR Congo and many other countries, rape carries with it a stigma that can lead to divorce and ostracization from the community.  Several of the victims hid in the forest surrounding Fizi for three weeks instead of returning to their homes.  Some of the women are just now coming forward, including one elderly woman who returned from hiding in the forest on Sunday, her face still swollen from the January 1st attack.

The attacks were prompted by the death of one of the soldiers who was stationed in Fizi.  He had been stoned to death after reportedly accosting a young man in the village.  The soldiers, organized under Mutware, gathered at 7 p.m. on New Years day and began that attack until the early morning hours.  Mutware has been convicted to a 20 year prison term and the court authorized damages of up to $10,000 per victim, more than double the amount that has previously been awarded to victims of the DR Congo.

The court, assembled as a mobile unit to reach remote areas like Fizi, is partially funded by international organizations and individuals, including the American Bar Association, Lawyers Without Borders and the UN Mission to Congo.  Many are calling for further efforts to ensure war rape is prosecuted where ever it occurs.  Said Kelly D. Askin of the Open Society Justice Initiative:

Unquestionably, Lt.-Col. Kibibi and his soldiers are more than a little stunned to find themselves on trial before this groundbreaking domestic mobile court. If word about the court is spread around the country, it could have an enormous impact on deterring future crimes, now that the rule of law is finally being enforced domestically, to at least some extent.

For more information, please see;

The Globe and Mail- Congo Colonel Gets 20 Years After Rape Trial– 21 Feb., 2011

The Australian- Congolese Army Colonel Kibibi Mutware Jailed for 20 Years for Mass Rape– 21 Feb., 2011

Reuters Africa– Congo Court Jails Nine Soldiers in Mass Rape Case– 21 Feb., 2011