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Trial for alleged Crimes Against Humanity begins in Guinea
by Amnesty International, FIDH, OHCHR, HRW, agencies
 
31 July 2024
 
Guinea: Convictions for crimes against humanity following 28 September 2009 massacre trial a historic moment. (Amnesty International)
 
Reacting to the conviction today of eight persons for crimes against humanity notably following the murder of at least 156 persons, the rape and sexual violence inflicted to at least 109 girls and women on 28 September 2009 and the following days in Conakry, Samira Daoud, Amnesty International’s Regional Director for West and Central Africa, said:
 
“Even though the organization has not yet been able to thoroughly read the ruling, we in principle welcome the historic conviction of eight defendants, including former head of state Moussa Dadis Camara, for crimes against humanity which finally brings justice, truth and some form of reparation to the victims and their families almost fifteen years on.
 
“The court’s decision to reclassify the events as crimes against humanity enabled the gravity of the crimes, including sexual crimes, to be recognized. Despite the delays, Guinea has shown that it was able and willing to prosecute and try those suspected of criminal responsibility of the 28 September 2009 stadium crimes.
 
This is a successful example of complementarity between the ICC and national courts, as it is the first time in Africa that a state investigates, prosecutes and judges itself the highest responsible for crimes which were under scrutiny by the ICC.
 
“We salute the work and determination of the victims’ associations, as well as Guinean and international human rights organizations, which were crucial in enabling the investigation to be opened, the trial to be held and the judgment to be handed down.
 
The mobilization of the Guinean authorities, the monitoring of the ICC and the support of partner countries have also shown that justice is possible for the victims of murder and sexual violence by defence and security forces when there is the political will by national authorities.
 
“This historic verdict should set an example throughout the world and in Guinea, where the illegal use of firearms and excessive force during protests remains commonplace including under the current regime, as Amnesty International has denounced, and where sexual crimes continue to go largely unpunished.”
 
Background:
 
Today, the Dixinn criminal Court found former head of state Moussa Dadis Camara, as well as Moussa Tiegboro Camara, Marcel Guilavogui, Blaise Gomou, Paul Mansa Guilavogui, Mamadou Aliou Keita, Claude Pivi, and Aboubacar Diakite guilty of crimes against humanity. Moussa Dadis Camara was sentenced to 20 years of imprisonment. Claude Pivi, on the run, was sentenced to life imprisonment. The other convicted were sentenced to prison terms of between 10 and 20 years. Four other defendants were found not guilty.
 
On 28 September 2009, at least 156 people were killed by various members of the armed forces, and more than 109 girls and women were victims of rape and other sexual violence, including sexual mutilation and sexual slavery, according to the 2009 report of the International Commission of Inquiry.
 
The victims had gathered in Conakry’s 28 September stadium to protest against the intention of military leader Moussa Dadis Camara, then head of the National Committee for Democracy and Development in power after a coup d’etat, to stand in the presidential election.
 
The International Criminal Court (ICC) had opened a preliminary examination on 14 October 2009. On 29 September 2022 the ICC Prosecutor closed the preliminary examination in recognition of Guinea’s ability and willingness to investigate and prosecute the crimes itself.
 
http://www.amnesty.org/en/latest/news/2024/07/guinea-convictions-for-crimes-against-humanity-following-28-september-2009-massacre-trial-a-historic-moment/ http://www.fidh.org/en/region/Africa/guinea-conakry/guinea-the-verdict-of-victory-for-the-victims-of-the-28-september http://www.ohchr.org/en/press-releases/2024/08/turk-says-crucial-continue-fight-against-impunity-after-ruling-guinea-2009 http://www.hrw.org/news/2024/07/31/guinea-landmark-verdict-stadium-mass-killings-trial
 
Sep. 2022
 
Long-awaited Trial for alleged Crimes Against Humanity begins in Guinea - Global Centre for the Responsibility to Protect
 
On 28 September 2009 Guinean security forces attacked peaceful demonstrators who had gathered in Conakry stadium, perpetrating violence that resulted in the massacre of at least 157 people, as well as over 1,200 injuries and more than 100 women raped.
 
Earlier today, on the 13th anniversary of the incident, a court in Guinea opened the long-delayed trial of alleged perpetrators of the 2009 stadium massacre. Eleven men, including former junta leader Captain Moussa Dadis Camara and several former high-ranking members of his government, will stand trial.
 
The deadly incident occurred when opposition supporters organized a demonstration to contest Camara’s reported intention to break his promise to cede power to civilian rule in the January 2010 elections. During the peaceful protests, security forces blocked exits to the stadium and opened fire on the crowd. Some security forces also committed widespread sexual violence, with evidence of many women having been gang raped.
 
In the immediate aftermath of the stadium massacre, the UN established a Commission of Inquiry that subsequently concluded that the crimes perpetrated were part of a “widespread and systematic attack” that could be described as crimes against humanity.
 
The Commission’s report indicated that members of Camara’s National Council for Democracy and Development had prior knowledge of the planned demonstration and had incited the armed forces to commit violence against civilians. A national commission of inquiry also confirmed that killings, rapes and enforced disappearances had occurred.
 
The trial will provide long-awaited justice for victims and survivors. A group of Guinean judges began an investigation into the incident in February 2010, and after years of interviews with victims and witnesses, charged 13 suspects with responsibility for crimes perpetrated at the stadium. Despite this, a culture of impunity, insufficient financial and material support for the judicial process, and numerous government transitions, including a September 2021 coup, delayed the opening of a trial.
 
Justice Minister Charles Alphonse Wright said that he hopes that the trial “will revisit our history, our past, that we all emerge from this trial with a new vision of our Guinea.”
 
As the trial proceeds, it must be carried out in a credible manner, in accordance with international legal standards, and adequate security assurances should be provided so that survivors and the families of victims can participate fully.
 
Jaclyn Streitfeld-Hall, Director of Policy and Research at the Global Centre for the Responsibility to Protect, said that, “while the trial is an important step in achieving accountability and reconciliation for the crimes perpetrated in 2009, Guinea continues to need urgent reforms to safeguard human rights – including the right to peaceful assembly – and combat impunity for all violations against populations.”
 
http://www.ohchr.org/en/press-releases/2022/09/acting-un-high-commissioner-human-rights-welcomes-opening-trial-massacre http://www.fidh.org/en/region/Africa/guinea-conakry/guinea-opening-trial-massacre-28-September-2009 http://www.hrw.org/news/2022/09/22/guinea-landmark-trial-2009-massacre http://www.dw.com/en/guinea-2009-massacre-suspects-on-trial/a-63253634
 
Geneva, 28 September 2020
 
The Global Survivors Fund calls for justice and reparations for survivors of sexual violence committed in the 28 September Stadium in Guinea.
 
“As we are commemorating the tragic events of the 28 September in Guinea, the Global Survivors Fund calls upon the Government of Guinea to live up to its commitment and immediately proceed with the organization of the trial and the establishment of a reparations programme for survivors of sexual violence and other victims of the crimes committed in the 28 September Stadium, more than a decade ago.
 
Justice delayed is justice denied”, stated Dr. Denis Mukwege, Nobel Peace Prize laureate and the President of the Board of the Global Survivors Fund. “Survivors of rape and victims of other crimes which took place on 28 September 2009, must not wait any more to receive recognition, satisfactions and reparations”.
 
Focusing on the plight of the survivors of sexual violence, the acting Executive Secretary of the Global Survivors Fund, Esther Dingemans stated that survivors of sexual violence in Guinea continue to bear trauma and face tremendous obstacles in rehabilitation and reintegration into the society.
 
Around the world, the consequences of sexual violence are devastating. Many survivors lose their jobs, are disregarded by their communities and sometimes their own families. Reparations for the violations they suffered provides survivors with a sense of acknowledgement, satisfaction, and justice.
 
As survivors in Guinea have been waiting for reparations for more than ten years to no avail, the Global Survivors Fund runs a project together with its national partners, l’Association des Victimes, Parents et Amis du 28 septembre (AVIPA) and the Organisation Guineenne des Droits de l’Homme et du Citoyen (OGDH). It focuses on providing interim reparative measures to survivors and supporting State efforts to put in place a national reparation policy.
 
This project is entirely co-created with the survivors themselves. They have welcomed the initiative and lead in the design and implementation of the activities, which include compensation, livelihoods training, medical and psychological support.
 
“We hope that this project supported by the Global Survivors Fund will also have a catalyst effect and prompt the Government of Guinea to proceed with the organization, without further delay, of the trial and with the establishment of a comprehensive reparation mechanisms in accordance with the survivors needs and expectations”, said Karine Bonneau, Senior Programme Manager for the Fund.
 
Context:
 
On 28 September 2009 approximately 50,000 people gathered at the 28 September Stadium and its surroundings in the capital Conakry to protest the looming extension of the military junta rule. The leader of the junta, Moussa Dadis Camara, responded by sending members of the elite Presidential Guard and other security forces with the intent to violently disperse the protests and suppress further dissent.
 
Upon entering the stadium, the armed forces opened indiscriminate fire against unarmed civilians which, according to the subsequent international commission of inquiry, resulted in the murder of 157 people.
 
Simultaneously, the forces engaged in massive and cruel violence against the protesters which included beatings, torture, enforced disappearances and sexual violence. In the report of the Commission of Inquiry, at least 109 women were violently raped and suffered other sexual violence such as sexual slavery.
 
A national criminal investigation was opened in 2010 and ended in 2017. 13 people have been prosecuted but only 11 sent before the criminal court, which include past and present high-ranking officials such as the former chief of the military junta. No trial has yet been organized.
 
Pursuant to the Joint Communiqué between the United Nations and Guinea in 2011, Guinea has committed to organize the trial on 28 September and consequently the UN Expert Team on the Rule of Law / Sexual Violence in Conflict has sent a representative to support the investigation phase. A multi stakeholder steering committee was established to organize the trial and create a compensation fund for victims, but it has not been convened for the last several months.
 
* The Global Survivors Fund was established in October 2019 at the initiative of Dr. Denis Mukwege, Ms. Nadia Murad and survivors from all around the world. Its purpose is to enhance access to reparations and other forms of redress for survivors of conflict-related sexual violence around the globe. This is done by providing interim reparative measures to survivors in countries where the state is unwilling or unable to discharge its duties, advice and technical assistance to government which are genuinely committed to establishing reparations programs and advocacy at national and international level. A survivors-centric approach is the corner stone of the Fund’s work.
 
http://www.globalsurvivorsfund.org/pressrelease
 
25 Sep. 2020
 
Guinea: 11 years on, massacre victims have waited far too long for justice. (FIDH)
 
After 11 years of Guinean authorities’ political inaction in the case of the infamous 28th of September massacre, our organisations condemn the stalling tactics employed by the Guinean government and demand that a trial be opened before the end of the year.
 
Today, the International Federation for Human Rights (FIDH), the Association of Victims, Parents and Friends of 28 September 2009 (AVIPA), and the Guinean Association for the Defence of Human Rights (OGDH) launch a campaign urging Guinean authorities to deliver justice to victims and their families, over a decade after the 2009 massacre.
 
Despite positive steps forward including the conclusion of the primary investigation which was closed in late 2017, and repeated promises from the Guinean government to put those responsible on trial for the 28th of September massacre without delay — June 2020 being the most recent proposed date — our organisations have observed a clear lack of political will.
 
For years, international partners have worked with the authorities to establish the conditions necessary to hold a fair trial. Alas, despite this joint effort which included training judges, putting in place a security plan and financing the construction of a new courthouse, no action has been taken on the case.
 
"Victims and their families need to know that the international community supports them and that, despite the government’s unkept promises, they will see justice carried out,” declared Asmaou Diallo, president of AVIPA.
 
Ahead of the presidential elections slated for 18 October, stakes are high for victims and their families. Some have been harassed and even threatened. Since 2009, many victims have died, while justice has yet to be carried out.
 
For the families of these victims, it is essential that the trial take place, that they receive reparations, and that those responsible answer for their actions. If the situation remains the same and no tangible steps are taken to initiate legal proceedings before the end of the year, the Office of the Prosecutor of the International Criminal Court (ICC), which has carried out a preliminary examination of the situation in Guinea since 2009, must take necessary measures and open an investigation, in line with the principle of complementarity.
 
With the #JusticeforConakry campaign, we wish to honor the stories of victims and their families and we call on the Guinean government and the international community to develop and put in place a clear roadmap and timetable that will lead to a fair and just trial.
 
http://www.fidh.org/en/region/Africa/guinea-conakry/guinea-11-years-on-massacre-victims-have-waited-far-too-long


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World Day for International Justice
by ICC, Centre for the Responsibility to Protect
 
July 2022
 
World Day for International Justice - Global Centre for the Responsibility to Protect
 
Sunday, 17 July, marked the World Day for International Justice, promoting international criminal justice and commending efforts aimed at holding perpetrators of atrocity crimes accountable.
 
This annual commemoration is an important moment to acknowledge achievements made in fighting impunity and to raise awareness about the challenges that remain, as holding perpetrators of genocide, war crimes and crimes against humanity accountable plays an essential role in delivering justice for victims and preventing the recurrence of such crimes.
 
Over the past year there has been some developments towards ensuring greater accountability for atrocities. Under the principle of universal jurisdiction, a German court convicted a Syrian ex-intelligence official of crimes against humanity and another German court opened a trial involving allegations of torture and murder by a Syrian state agent. In February the International Court of Justice held new hearings in the historic case filed by The Gambia against Myanmar (Burma) for failing to uphold its obligations under the Genocide Convention.
 
The hybrid Special Criminal Court in the Central African Republic opened its first trial in April, representing a significant moment to advance justice domestically for victims and survivors of serious crimes committed in the country.
 
The UN Human Rights Council established investigative mechanisms on the situations in Ethiopia, the Occupied Palestinian Territory, including East Jerusalem, and in Israel, and Ukraine. These investigative mechanisms may serve as an important deterrent and inhibit the potential commission of further atrocities, as well as put potential perpetrators on notice that their violations will be subject to ongoing international scrutiny.
 
This year also marks the 20th anniversary of the entry into force of the Rome Statute of the International Criminal Court (ICC). The ICC is the world’s first permanent international court for the investigation and prosecution of genocide, crimes against humanity, war crimes, and, since 2018 the crime of aggression. While facing many challenges, the ICC has made significant progress in holding suspected perpetrators of atrocities to account and can play a pivotal role in achieving justice for victims and survivors.
 
Despite the progress made, impunity prevails in far too many situations. The conflicts in Myanmar, Ethiopia, Sudan, Yemen and, most recently, Ukraine, have prompted renewed discussions on the effectiveness of international criminal justice to deter atrocity crimes.
 
The 2021 military coups in Myanmar and Sudan are the consequence of decades-long impunity enjoyed by their security forces. In Yemen, civilians are suffering amidst a “pandemic of impunity,” and in South Sudan, the persistent lack of accountability continues to fuel resentment and has enabled the recurrence of atrocities.
 
The international community should ensure continued financial and political support to all efforts aimed at fighting impunity, including by building capacities of local, regional and national courts. All states should codify international crimes into domestic legislation and, where possible, pursue accountability for perpetrators under the principle of universal jurisdiction.
 
July 2022
 
International Criminal Justice Day - Human Rights Watch
 
Countries should take concrete steps to demonstrate that justice for serious crimes matters, regardless of where abuses are committed and by whom, Human Rights Watch said today. To mark International Criminal Justice Day on July 17, 2022, Human Rights Watch created a social media initiative outlining five concrete actions that governments can take to bolster the international justice system worldwide.
 
“The international community’s unprecedented response to address horrific abuses in Ukraine should become a paradigm for other crises,” said Balkees Jarrah, interim international justice director at Human Rights Watch. “There is a lot of work governments still need to do to extend the reach of justice to other places where atrocities are committed, such as in Yemen, Ethiopia, and Palestine.”
 
Alongside civil society partners around the world, Human Rights Watch said that countries should demonstrate their commitment to accountability in the following ways:
 
Support courts tackling grave international crimes: Adequate financial and political support is critical to the effective functioning of courts, whether the International Criminal Court (ICC), or other international, domestic or hybrid courts, that provide critical fora for the prosecution of those accused of the most serious crimes.
 
Funding or in-kind support should be provided in a sustainable, long-term manner and avoid perceptions of politicization. In this context, ICC member countries should provide the court with necessary funding through its regular budget rather than ad hoc voluntary contributions.
 
But support for various judicial institutions is about much more than money. Sharing of information and evidence, cooperation in the arrest and surrender of accused, and political backing are all essential for the successful delivery of justice.
 
Expand ICC membership: There are currently 123 ICC member states. At the same time, dozens of countries, including major powers, have not ratified the court’s treaty, significantly limiting the ICC’s reach. It is essential to continue engaging with those countries who have not taken steps to become ICC members to convince them to join the court. This way, a greater number of victims of serious crimes will have better access to justice.
 
Criminalize and prosecute grave international crimes domestically:
 
At the national level, governments should pass laws that incorporate international crimes into domestic law, enable and actively pursue prosecutions based on universal jurisdiction, and circumscribe amnesties and immunities for serious crimes under international law.
 
Setting up and providing adequate resources for specialized war crimes units and training local law enforcement on effectively building serious crimes cases is key.
 
Give all victims of grave international crimes equal access to justice:
 
Double standards in access to justice will undermine the credibility and effectiveness of accountability efforts for serious crimes.
 
Governments should pursue and support justice for grave crimes, regardless of where they take place, both through national and international courts, and commit to not limit or obstruct investigations when they involve allied countries.
 
Greater consistency in the judicial response to atrocities wherever they occur would strengthen the legitimacy of the international justice system as a whole. Victims of serious crimes, no matter where they are, need greater access to avenues to seek redress.
 
Restrain UN Security Council veto:
 
Prospects for victims of serious international crimes have been thwarted by the use of the veto at the United Nations Security Council, which could have referred situations like Syria or Myanmar to the ICC. States should work to minimize the role of governments who limit access to international justice in the UN system, and endorse the political declaration on the suspension of the veto power in cases of mass atrocities.
 
July 2022
 
International Criminal Court marks 20th anniversary
 
On 1 July 2022, the International Criminal Court (ICC) marks its 20th anniversary. On this day in 2002, the Rome Statute of the International Criminal Court entered into force upon ratification by 60 States, officially creating the ICC.
 
Marking the day, the President of the Court, Judge Piotr Hofmański stated:
 
“On the 20th anniversary of the ICC, we can celebrate the fact that we have a permanent, independent international court dedicated to the fight against impunity for genocide, crimes against humanity, war crimes, and the crime of aggression.” He continued: “I invite all States to join the ICC, to give victims everywhere access to justice, and to help protect humankind from atrocities.”
 
ICC Prosecutor Karim Khan QC stated:
 
“Twenty years ago today, the Rome Statute came into force. It was a tremendous achievement… but this is also a moment to pause, to reflect and to try to refresh the process of international justice.” He continued, “We must all try to do better and to rededicate ourselves to these principles of justice which are owned by all humanity. If we work in a collective manner, I am confident that international justice can accelerate and advance and have the required impact. The prayer must also be that, in twenty years to come, many may see a world better, safer and most just than it is for so many of our fellow brothers and sisters today.”
 
ICC Registrar Peter Lewis stated:
 
"After 20 years of operation, the Court is busier than ever dealing with crimes that shock the conscience of the world. All we have achieved in the last two decades has only been possible because of the support and cooperation of our States Parties, international organisations, and civil society. As we face new challenges, that cooperation and support is more important than ever."
 
http://www.icc-cpi.int/news/international-criminal-court-marks-20th-anniversary http://www.icc-cpi.int/news http://www.icc-cpi.int/get-involved/more-just-world http://www.coalitionfortheicc.org/latest/all-news http://www.globalr2p.org/ http://www.hrw.org/topic/international-justice http://www.ohchr.org/en/ohchr_homepage


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