Human rights in Central African Republic https://www.amnesty.org/en/location/africa/west-and-central-africa/central-african-republic/ Inspiring people against injustice to bring the world closer to human rights & dignity enjoyed by all. Thu, 03 Nov 2022 12:27:41 +0000 en hourly 1 Central African Republic: First-ever SCC trial ensures alleged war criminals face justice https://www.amnesty.org/en/latest/news/2022/04/first-car-scc-trial-alleged-war-criminals-justice/ Tue, 19 Apr 2022 16:20:02 +0000 1148 1698 1744 1704 2100 2099 2066 https://www.amnesty.org/en/?p=170939 Responding to the opening of the first trial before the Special Criminal Court (SCC) in the Central African Republic (CAR), Abdoulaye Diarra, Amnesty International’s Central Africa researcher, said: “The opening of the first trial before the SCC is a long-awaited day and a moment of truth for many people in CAR. For too long, victims […]

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Responding to the opening of the first trial before the Special Criminal Court (SCC) in the Central African Republic (CAR), Abdoulaye Diarra, Amnesty International’s Central Africa researcher, said:

“The opening of the first trial before the SCC is a long-awaited day and a moment of truth for many people in CAR. For too long, victims of war crimes and crimes against humanity have been made to wait for justice and reparations. The court must now ensure that Issa Sallet Adoum, Yaouba Ousman and Mahamat Tahir are tried according to fair trial standards.

“We also call on the CAR authorities and MINUSCA to step up their efforts to arrest other individuals wanted for crimes under international law by the SCC. Today’s hearing must be the first in a series of trials by the court. Alleged war criminals in positions of greater authority must also face justice for the atrocities committed in CAR.”

Background

On 19 April 2022, the SCC opened a trial against Issa Sallet Adoum, Yaouba Ousman and Mahamat Tahir over war crimes and crimes against humanity committed during attacks in the villages of Koundjili and Lemouna in May 2019, in which dozens of civilians were killed.

The SCC is a UN-backed hybrid court that was established in 2015 and began functioning in 2018. It has a mandate to investigate and prosecute crimes under international law committed in CAR since 2003.

In a December 2021 report, ‘One step forward, two steps back’, Amnesty International detailed how the delays in executing arrest warrants represent one of the biggest obstacles to the implementation of the SCC’s mandate.

In October 2020, the organization also highlighted a lack of transparency at the SCC and concerns surrounding the fair trial rights of suspects.

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Chad/CAR: Maxime Jeoffroy Eli Mokom Gawaka must face justice at the ICC https://www.amnesty.org/en/latest/news/2022/03/chad-car-maxime-jeoffroy-eli-mokom-gawaka-must-face-justice-at-the-icc/ Tue, 15 Mar 2022 16:10:18 +0000 1148 2063 2064 2066 1744 1734 1704 https://www.amnesty.org/en/?p=150080 Responding to the arrest of Maxime Jeoffroy Eli Mokom Gawaka, a former armed group leader suspected of committing war crimes and crimes against humanity who has now been surrendered to the International Criminal Court (ICC) by the Chadian authorities, Alice Banens, a Legal Advisor at Amnesty International’s, said: “Maxime Jeoffroy Eli Mokom Gawaka’s arrest is […]

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Responding to the arrest of Maxime Jeoffroy Eli Mokom Gawaka, a former armed group leader suspected of committing war crimes and crimes against humanity who has now been surrendered to the International Criminal Court (ICC) by the Chadian authorities, Alice Banens, a Legal Advisor at Amnesty International’s, said:

“Maxime Jeoffroy Eli Mokom Gawaka’s arrest is a crucial step forward in the fight against impunity in the Central African Republic. He stands accused of using child soldiers and committing murder, torture and extermination in his role as leader of the anti-Balaka armed group. He must face trial.

“CAR authorities and the MINUSCA must step up their efforts to arrest other individuals wanted for war crimes by the ICC or the Special Criminal Court, many of whom remain in the country and have long evaded legal consequences for their actions.”

Background

On 14 March 2022, Maxime Jeoffroy Eli Mokom Gawaka was surrendered to the ICC by the Chadian authorities and transferred to The Hague. He is suspected of criminal responsibility for war crimes and crimes against humanity allegedly committed by the anti-Balaka armed group in CAR in 2013 and 2014, while he was the national coordinator of their operations.

Since 2014, the ICC has been investigating the crimes, which were allegedly committed amid the armed conflict that has raged in CAR since 2012. The SCC, a UN-backed hybrid court that began operating in 2018, is also able to investigate and prosecute crimes under international law committed in CAR since 2003.

The delay in executing arrest warrants, often due to practical difficulties or a lack of political will, remains one of the biggest obstacles to pursuing justice for crimes under international law in CAR. Amnesty International documented the issue in its briefing ‘One step forward, two steps back’, published in December 2021.

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Central African Republic: Dozens suspected of criminal responsibility for war crimes and crimes against humanity remain at large https://www.amnesty.org/en/latest/news/2021/12/central-african-republic-dozens-suspected-of-criminal-responsibility-for-war-crimes-and-crimes-against-humanity-remain-at-large/ Wed, 08 Dec 2021 00:01:00 +0000 1148 2064 2102 2100 2099 2066 1744 2143 2219 https://www.amnesty.org/en/?p=144590 Only one out of 25 Special court arrest warrants carried out The release of a government figure is the latest example of the Special court’s work being blatantly impeded No criminal trials held in nearly 20 months Dozens of persons suspected of criminal responsibility for crimes under international law, including war crimes and crimes against […]

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  • Only one out of 25 Special court arrest warrants carried out
  • The release of a government figure is the latest example of the Special court’s work being blatantly impeded
  • No criminal trials held in nearly 20 months
  • Dozens of persons suspected of criminal responsibility for crimes under international law, including war crimes and crimes against humanity remain at large in the Central African Republic (CAR), said Amnesty International in a briefing published today.

    Likewise, there is not even one suspect in pre-trial detention pursuant to an arrest warrant delivered by the Special Criminal Court (SCC) more than three years after its inauguration. The SCC is a hybrid court having jurisdiction over crimes under international law and grave human rights violations committed during a series of conflicts since 2003.

    The briefing, One Step Forward, Two Steps Backwards: Justice in the Central African Republic’ reveals that, despite the start of the SCC’s work in 2018, very few persons suspected of criminal responsibility have been arrested, prosecuted, or tried. Proceedings to address the needs for justice, truth and reparation are far from enough.

    Of the 25 arrest warrants so far issued by the court, only one has been carried out, with the arrest in November 2021 of Minister Hassan Bouba Ali, a former armed group leader suspected by other NGOs of being linked to the killing in 2018 of more than 70 civilians, including children in Alindao. However, he was released by CAR authorities a few days later, without any judicial authorisation.

    More than six years after being established, and three years since its inauguration, the SCC is facing difficulties in bringing those suspected of criminal responsibility for crimes under international law to justice, including because of the non-execution of the arrest warrants it issued. The release of Hassan Bouba Ali is the latest example of the lack of support by political authorities for the Court’s mission.

    Samira Daoud, Amnesty International’s West and Central Africa director.

    “Amnesty International calls on CAR authorities and the MINUSCA to take all possible measures to ensure the execution of the SCC arrest warrants and ensure that all those suspected of criminal responsibility for crimes under international law and other serious violations or abuses committed since 2003, from all sides of the conflict, are genuinely investigated and prosecuted in fair trials.”

    The vast majority of victims and survivors are still waiting for justice, truth and reparation.

    A civil society member told Amnesty International:

    “…We [need] to see the real persecutors being tried, those who may have been heads of the state or state institutions, and the leaders of rebel groups.”

    The SCC was created to fill the accountability gap, as a mechanism complementary to the International Criminal Court (ICC) and the CAR ordinary criminal courts. 22 individuals are in pre-trial detention under its jurisdiction, but they were not in fact arrested pursuant to SCC arrest warrants. Charges pending against them are unknown and their identities have not yet been disclosed – except for Eugene Ngaikosset, a suspect arrested in September this year. 

    The briefing also addresses the lack of transparency in the operation of the SCC.Although the Court will start its first trials this month or early 2022, no information has been made available with regards to the cases or suspects involved. Amnesty International has found that information about the state of ongoing proceedings remains very difficult, if not impossible, to find. Not a single judicial decision has been made public.     

    No criminal trials in the country in the last 20 months

    The briefing also found that CAR ordinary criminal courts have not held any criminal session since 7 February 2020. This means there has not been a single criminal trial in 20 months in a country that, according to its law, should organise a minimum of six criminal sessions per year in its three provinces. 

    Although the Covid-19 pandemic and the political and security situation in the country in December 2020 and the first half of 2021 have undoubtedly caused delays in the judicial process, these factors alone do not explain the state of lethargy that the justice sector finds itself in.

    New military courts should not prosecute crimes against civilians

    Amnesty International is also calling on CAR’s authorities to ensure that crimes against civilians are not prosecuted in the newly established military courts which held their first sessions this year. The jurisdiction of military courts over criminal cases should be limited to trials of military personnel for breaches of military discipline and should exclude human rights violations, or crimes under international law.

    In September 2021, the Bangui martial court sessions examined its first series of cases, among which there were cases about murder of civilians. These cases should fall under ordinary civilian courts.

    “Researchers found that there was no step towards amending the country’s law to ensure the jurisdiction of military courts is limited to military disciplinary matters and, on the contrary, the holding of these sessions was presented as a success in the fight against impunity within the armed forces,” said Samira Daoud.

    Background

    Amnesty researchers visited Central African Republic in October 2021 and had 35 meetings with 44 people- 33 men and 11 women- from government, civil society, judicial system, including the Special Criminal Court and ordinary tribunals, and staff of the International Criminal Court.

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    Amnesty International announces awardees of human rights bursary in honour of late Gaëtan Mootoo https://www.amnesty.org/en/latest/news/2021/05/amnesty-international-announces-awardees-of-human-rights-bursary-gaetan-mootoo-2/ Tue, 25 May 2021 00:01:54 +0000 1148 1720 1732 1737 1744 1734 1735 1772 1773 1774 1775 1776 1777 1778 1779 1780 1782 1783 1784 2121 https://www.amnesty.org/en/latest/news/2021/05/amnesty-international-announces-awardees-of-human-rights-bursary-gaetan-mootoo-2/ Amnesty International today announces the name of four awardees of a bursary in honour of its late employee Gaëtan Mootoo, Researcher for West Africa, who had been with the organization for more than 30 years. This announcement is made public as the organization remembers him with great fondness on the anniversary of his passing on […]

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    Amnesty International today announces the name of four awardees of a bursary in honour of its late employee Gaëtan Mootoo, Researcher for West Africa, who had been with the organization for more than 30 years.

    This announcement is made public as the organization remembers him with great fondness on the anniversary of his passing on 25 May 2018. Following a call for applications issued two months ago, the selection committee received a total of 274 applications. Four candidates – two women and two men – were chosen as the recipients of the first edition of Gaëtan Mootoo Human Rights Defender Fellowship.

    Gaetan’s unrelenting pursuit of justice saw him achieve human rights victories where others might have given up. His deep compassion for the individuals whose freedom he sought to secure, and his unwavering dedication and humility, distinguish him as a human rights champion we can all aspire to become.

    Agnes Callamard, Amnesty International’s Secretary General.

    “Gaetan’s unrelenting pursuit of justice saw him achieve human rights victories where others might have given up. His deep compassion for the individuals whose freedom he sought to secure, and his unwavering dedication and humility, distinguish him as a human rights champion we can all aspire to become. Through his work as a dogged human rights investigator, he changed the lives of untold numbers of people around the world,” said Agnes Callamard, Amnesty International’s Secretary General.

    “His loss both in the human rights world and as a dear friend is so keenly felt, and together with his family, we honour his memory and his enormous legacy by giving the opportunity to others to follow in his footsteps in demanding a fairer world. I’m delighted to congratulate the successful applicants.”

    Through the Gaetan Mootoo Fellowship, Tathi Yende Viviane (Cameroon), Charlin Ulderel Kinouanii Ntnondele (Republic of Congo), Alphonsine Demba (Sénégal), and Faithe Kouassi Sylvain (Côte d’Ivoire) will be sponsored to attend the online René Cassin Foundation International Institute for Human Rights Summer School which will take place from 5-24 July 2021. The online course will focus on international human rights law and international criminal and humanitarian law.

    The four awardees, aged between 29 and 31 years, have already embarked on their human rights paths in their respective countries. They have been inspired to follow in Gaëtan’s footsteps and are working to bring justice to their respective communities.  

    “The fellowship is an opportunity for me to set up a strong network of human rights defenders. It will also allow me to learn to better practice my passion, which is the defence of human rights in my community,” said Tathi Yende Viviane from Cameroon.

    Republic of Congo’s civil society activist Charlin Ulderel Kinouanii Ntnondele’s said his commitment is motivated by the deprivation of his right to education during a five year armed conflict in his country.

    “That is why it is necessary for me to attend such a course, which will help me better stand up for human rights and the consolidation of democracy in my country,” he said.Senegalese citizen Alphonsine Demba whose work focuses on women’s and children’s rights found the opportunity of the fellowship helped deepen her knowledge of human rights.

    “In the future, I plan to use the knowledge gained during the course to join a large human rights organization and work to better stand up for human rights and campaign for the effective implementation of conventions signed and ratified by our countries,’’ she said.

    For his part, young Ivorian human rights defender Sylvain Kouassi Faithe said he will use the training to better defend the rights of minority groups and prevent human rights violations in the central region of the country where he lives.

    Gaëtan’s human rights research covered many parts of West and Central Africa – Côte d’Ivoire, Burkina Faso, Chad, Guinea, Mali, Mauritania, Niger, Senegal, Sierra Leone and Togo. His meticulous findings and careful analysis led to the release of many prisoners of conscience, helped secure justice and reparations for many victims, and assisted many affected communities in their processes of recovery after human rights abuses.

    “Standing up against human rights violations is more and more challenging as the world around us rapidly transforms and sources of repression mutate. We must keep up with the pace of change, address the issues of today but be astute, adaptive and engaging too so that we also defend human rights for the future,” said Agnes Callamard.

    “We must foster and equip young activists and young leaders now. We must share knowledge, exchange and collaborate with them to help empower their action in their human rights realities. And we must remove old barriers and open new doors so that their strength, innovation and vision drive the global human rights movement today and tomorrow. This bursary is an important step towards that human rights reality.”

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    Central African Republic: Arrest and transfer of former Seleka armed group leader to the ICC, a positive step towards justice for victims https://www.amnesty.org/en/latest/news/2021/01/central-african-republic-arrest-and-transfer-of-former-seleka-armed-group-leader-2/ Mon, 25 Jan 2021 16:12:03 +0000 1148 2063 2064 2102 2100 2066 1744 https://www.amnesty.org/en/latest/news/2021/01/central-african-republic-arrest-and-transfer-of-former-seleka-armed-group-leader-2/ Following the Central African Republic authorities’ transfer of a former Seleka armed group leader to the International Criminal Court (ICC), Alice Banens, Amnesty International Legal advisor said: “The arrest and transfer of Mahamat Said Abdel Kani, who is accused of war crimes and crimes against humanity, is a positive step towards justice for victims of […]

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    Following the Central African Republic authorities’ transfer of a former Seleka armed group leader to the International Criminal Court (ICC), Alice Banens, Amnesty International Legal advisor said:

    The arrest and transfer of Mahamat Said Abdel Kani, who is accused of war crimes and crimes against humanity, is a positive step towards justice for victims of the armed conflict that raged in the country since 2012 until now.

    Alice Banens, Amnesty International Legal Advisor

    “The arrest and transfer of Mahamat Said Abdel Kani, who is accused of war crimes and crimes against humanity, is a positive step towards justice for victims of the armed conflict that raged in the country since 2012 until now.

    “This the first time that a judicial proceeding has been brought against an ex-Seleka member for crimes under international law at a national or international court and sends a message to perpetrators of ongoing abuses that no one is above the law.

    “There is still much more to be done though. The ICC, the Special Criminal Court in Bangui and the national ordinary courts must work together to ensure independent, impartial and effective investigations and prosecutions of all perpetrators of war crimes and crimes against humanity committed in the Central African Republic.”

    Background

    Mahamat Said Abdel Kani was surrendered to the ICC by the authorities of the Central African Republic on 24 January 2021. He is suspected of war crimes and crimes against humanity allegedly committed in Bangui in 2013, including torture, enforced disappearance and persecution.

    The ICC, the UN-backed hybrid court, the Special Criminal Court and CAR ordinary criminal courts are competent to investigate and prosecute crimes under international law committed in CAR. Amnesty International published the report ‘On trial, these warlords lowered their eyes’ last October analysing justice efforts at the national level.

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    Central African Republic: The next president must make the fight against impunity a top priority   https://www.amnesty.org/en/latest/news/2020/12/republique-centrafricaine-prochain-president-devra-placer-la-lutte-contre-impunite-2/ Tue, 15 Dec 2020 10:48:59 +0000 1148 2063 2064 2102 2099 2118 2066 2112 1744 https://www.amnesty.org/en/latest/news/2020/12/republique-centrafricaine-prochain-president-devra-placer-la-lutte-contre-impunite-2/ On the day that Amnesty International launches a human rights Manifesto aimed at candidates running in Central African Republic’s presidential election scheduled on 27 December, Tity Agbahey, Amnesty International Central Africa Campaigner, said: “Despite the commitment of the authorities in the Central African Republic (CAR) to end impunity for crimes under international law committed over […]

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    On the day that Amnesty International launches a human rights Manifesto aimed at candidates running in Central African Republic’s presidential election scheduled on 27 December, Tity Agbahey, Amnesty International Central Africa Campaigner, said:

    Despite the commitment of the authorities in the Central African Republic (CAR) to end impunity for crimes under international law committed over the past 18 years by all parties to the conflict, concrete steps still need to be taken.

    Tity Agbahey, Amnesty International Central Africa Campaigner

    “Despite the commitment of the authorities in the Central African Republic (CAR) to end impunity for crimes under international law committed over the past 18 years by all parties to the conflict, concrete steps still need to be taken. Victims and their families continue to see those responsible for killings, rape and lootings, walk freely while some leaders hold official positions.

    “In our Manifesto, we call on the presidential candidates to reverse this situation and ensure that justice for victims of serious crimes and their families will be the rule and not the exception.

    “The next president should immediately commit to taking strong measures, in particular by improving the quality of the criminal justice system, granting the Ministry of Justice sufficient budget to do its work and abolishing the death penalty, which the country committed to in front of its peers.”

    The next president should immediately commit to taking strong measures, in particular by improving the quality of the criminal justice system.

    Tity Agbahey

    Background

    Amnesty International is launching today a Manifesto calling on presidential candidates in the Central African Republic (CAR) to put human rights at the heart of their priorities, if elected on 27 December. The country has experienced several waves of violence since 2002, which have included war crimes and crimes against humanity.

    Many of these crimes were committed during the 2002-2003 conflict, as well as during the current crisis since 2012 in the aftermath of the seizure of power by the Seleka armed group, then during clashes between ex-Seleka and anti- Balaka armed groups.

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    Central African Republic: While many ‘people are hungry for trials’ some warlords still walk free https://www.amnesty.org/en/latest/news/2020/10/central-african-republic-many-people-hungry-for-trials-2/ Thu, 22 Oct 2020 00:01:50 +0000 1148 2063 2064 2120 2102 2100 2099 2118 2113 2119 2066 1744 https://www.amnesty.org/en/latest/news/2020/10/central-african-republic-many-people-hungry-for-trials-2/ New Amnesty report takes stock of latest developments in the fight against impunity Two years on, the Special Criminal Court needs to show more transparency in its judicial activities Justice system needs stronger efforts to prosecute, in fair trials, those who have killed, raped and abducted civilians Despite a few investigations and trials these past […]

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  • New Amnesty report takes stock of latest developments in the fight against impunity

  • Two years on, the Special Criminal Court needs to show more transparency in its judicial activities

  • Justice system needs stronger efforts to prosecute, in fair trials, those who have killed, raped and abducted civilians

  • Despite a few investigations and trials these past few years, many perpetrators of horrendous human rights violations and abuses in the Central African Republic (CAR) have not been brought to justice two years after the inauguration of the country’s Special Criminal Court (SCC), Amnesty International said today.

    Throughout decades of conflict in CAR, various armed groups and individuals have enjoyed impunity for crimes under international law including unlawful killings and sexual violence.

    In a new report, ‘’On trial, these warlords lowered their eyes’’: The Central African Republic’s challenging pursuit of justice, Amnesty International found that the SCC’s progress has been hampered by deficiencies in the Court’s operationalisation and a lack of transparency, while CAR’s national justice system is too weak to address the vast scale of the violations. It also highlights the remaining efforts to be made to ensure trials before ordinary courts and the SCC are fair.

    Civilians have borne the brunt of successive waves of violence and armed conflict since 2002 in CAR. Thousands have been killed, raped, and over half a million people are still displaced. Impunity is an affront for the victims and a blank check for perpetrators of crimes. The inauguration of the SCC provided a glimmer of hope for victims, but progress is slow.

    Samira Daoud, Amnesty International West and Central Africa Director.

    “Civilians have borne the brunt of successive waves of violence and armed conflict since 2002 in CAR. Thousands have been killed, raped, and over half a million people are still displaced. Impunity is an affront for the victims and a blank check for perpetrators of crimes. The inauguration of the SCC provided a glimmer of hope for victims, but progress is slow. Ten cases are currently before investigating judges, and the SCC has refused to disclose the identities of the 21 individuals arrested following its investigations, without providing reasons for such refusal,” said Samira Daoud, Amnesty International West and Central Africa Director.

    “CAR’s national justice system is severely under-resourced. With armed groups including ex-Seleka and anti-Balaka still carrying out regular attacks against civilians, it is clear that much more needs to be done to end the cycle of impunity that continues to cause so much suffering.”

    The Special Criminal Court is an UN-backed hybrid tribunal mandated to investigate and prosecute, for a renewable five-year period, crimes under international law and other serious human rights violations committed in CAR since January 2003. It was established by a June 2015 law and was inaugurated on 22 October 2018. It is complementary to the mandate of the ICC and the ordinary courts of CAR.

    Lack of transparency and unknown suspects at the SCC

    Amnesty International researchers conducted remote interviews with judges, prosecutors, lawyers and activists, as well as reviewed more than 100 legal documents. At least 122 complaints have been received by the Office of the Special Prosecutor of the SCC, and ten cases are now before the investigating judges. But little is known about the events and crimes concerned or the progress of these cases. These proceedings lack transparency and suspects held in pre-trial detention remain unknown to the public.

    At least 21 individuals have been arrested in the context of these investigations and are currently in pre-trial detention. Three of those in detention were arrested following killings committed in Paoua (North West) in May 2019. Nine individuals were arrested on 19 May 2020, in connection with killings perpetrated in Ndele (North East) in 2019 and 2020; and nine were arrested on 25 May 2020 in relation to attacks against civilians committed in Bambouti, Obo and Zemio (South East) in 2020.

    While investigations started in 2019 and trials are expected to start in 2021, the operationalisation of the SCC is facing some serious challenges, impeding its proper functioning. Among these challenges are the recruitment of international judges and the delay in the establishment of the Court’s legal aid system.

    Amnesty International spoke to staff working at the SCC, and staff of the UN working in support of the SCC, who confirm difficulties to receive adequate applications for international judges due to the security and political situation in CAR, as well as the requirement to have French speakers having experience in the civil law system.

    For example, the mandate of a judge appointed at the SCC Investigating Chamber has lapsed but she is yet to be replaced. This leaves the Chamber with only one international judge, to deal with all ongoing proceedings. Consequently, cases to be currently examined by the Chamber are suffering from delays.

    While we welcome authorities’ efforts to address impunity through the SCC, the fact remains that many victims are still waiting for justice for crimes committed almost two decades ago. Justice needs to be done and seen to be done.

    Samira Daoud

    “While we welcome authorities’ efforts to address impunity through the SCC, the fact remains that many victims are still waiting for justice for crimes committed almost two decades ago. Justice needs to be done and seen to be done,” said Samira Daoud.

    “We call on UN member states to consider making contributions to the SCC, to ensure it can fulfil its mandate and deliver long-awaited justice, and we call on Francophone States to urgently submit applications to second judges to the Court.”

    Resumption of criminal sessions

    After years of interruption, CAR’s ordinary courts resumed criminal trial sessions in 2015. While this was a positive development, the justice system faces multiple challenges including lack of personnel, infrastructure and material. Out of the 24 tribunals required to be established by law, only 16 were operational at the time of writing of the report.

    The number of criminal sessions organized per year also remains below the minimum required by law and the number of cases going on trial are insufficient with regards the scale of crimes committed since 2002. In 2019, just 20 criminal cases were concluded in the entire country.

    In addition, CAR’s police and judicial authorities lack independence from the executive power, while ongoing conflict and insecurity present further challenges. One worker at a legal aid organization told Amnesty International that the prevalence of armed groups means some judges cannot travel safely within their own jurisdictions.

    It is difficult to confirm the exact number of conflict-related criminal proceedings brought before ordinary criminal courts in CAR and whether they were compliant with international fair trial standards.

    The vast majority of known criminal cases which have brought against members of anti-Balaka or ex-Seleka since 2015 appear to deal with low ranking individuals; and appear to relate to crimes against the state, rather than human rights violations and abuses.

    Amnesty International is aware of two cases where former anti-Balaka members have been tried by the ordinary criminal court in Bangui over crimes against civilians.

    On 22 January 2018, the court found anti-Balaka commander General Andjilo guilty of criminal conspiracy, assassination, illegal possession of weapons of war, aggravated theft and sequestration.

    In February 2020, the court issued its first conviction on charges of crimes under international law, in relation to an attack on 13 May 2017 by the anti-Balaka group in Bangassou (South East). During the attack, 72 people were killed, including civilians and ten UN peacekeepers, and thousands were forced to flee the town.

    Five individuals – Kevin Bere Bere, Romaric Mandago, Crepin Wakanam alias Pino Pino, Patrick Gbiako and Yembeline Mbenguia Alpha – who were identified as anti-Balaka leaders, were found guilty of several charges of crimes against humanity and war crimes. The trial hearings were broadcasted in their entirety via radio and television.

    “…Warlords who used to be very powerful […] became small people again. Victims directly spoke to the accused during hearings, and these warlords lowered their eyes! We could feel justice was being done. Those were really powerful moments, appreciated by the population.”

    A former judge told Amnesty International

    A former judge told Amnesty International:

    “…Warlords who used to be very powerful […] became small people again. Victims directly spoke to the accused during hearings, and these warlords lowered their eyes! We could feel justice was being done. Those were really powerful moments, appreciated by the population.”

    In July 2020, military judges were appointed. It was the first time since the adoption of the 2017 military justice code, opening the way to future proceedings before military courts. Amnesty International urges CAR authorities to amend the law to ensure that the jurisdiction of military courts is limited to purely military offenses committed by military personnel. The law must explicitly exclude crimes committed against civilians from the jurisdiction of military courts, in accordance with international standards.

    “Most individuals who are alleged to be most responsible for crimes committed since 2012 on both sides, ex-Seleka and anti-Balaka, still live freely in the country and some continue to commit violations,” said Samira Daoud.

    “Victims’ rights to obtain truth, justice and reparations in a reasonable time should not be sacrificed in the name of political calculations, often proven to be counterproductive too. Hence the fight against impunity should remain a top priority. Justice against the little and without due process will not be justice.”

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    Central African Republic: Five years later, more efforts to be done to get special criminal court fully operational https://www.amnesty.org/en/latest/news/2020/06/central-african-republic-five-years-later-more-efforts-to-be-done-scc/ Wed, 03 Jun 2020 07:09:19 +0000 1148 1698 1744 2063 2064 2102 2100 2099 https://www.amnesty.org/en/latest/news/2020/06/central-african-republic-five-years-later-more-efforts-to-be-done-scc/ Marking the five-year anniversary of the establishment of the Special Criminal Court (SCC) in Central African Republic (CAR), Tity Agbahey, Amnesty International’s Central Africa Campaigner said today:  “In a country where civilians have paid a heavy price in the face of atrocities by armed groups and all parties in conflict, the establishment of this court […]

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    Marking the five-year anniversary of the establishment of the Special Criminal Court (SCC) in Central African Republic (CAR), Tity Agbahey, Amnesty International’s Central Africa Campaigner said today: 

    “In a country where civilians have paid a heavy price in the face of atrocities by armed groups and all parties in conflict, the establishment of this court was a major positive step.

    Seen as a symbol of hope for many victims, the establishment of the SCC was a response to an unanimous call for justice and accountability. But more efforts must be made to get the court fully operational and ensure victims of the heinous crimes that have taken place will soon see the first trials.

    Tity Agbahey, Amnesty International’s Central Africa Campaigner

    “Seen as a symbol of hope for many victims, the establishment of the SCC was a response to an unanimous call for justice and accountability. But more efforts must be made to get the court fully operational and ensure victims of the heinous crimes that have taken place will soon see the first trials.

    “This includes increased and sustainable financial support from international partners, and a better coordination with national criminal courts and the International Criminal Court.

    “The recent series of arrests of individuals transferred to the SCC is a positive step for the fight against impunity in the country. These individuals should be brought promptly before the judges, be informed of the reasons for their detention and be assisted by lawyers.”

    Background

    The Special Criminal Court was created by law on 3 June 2015. It is a “hybrid” tribunal that has jurisdiction over grave human rights violations and serious violations of international humanitarian law committed since 2003.

    Its inaugural session was held in October 2018. According to the latest publicly available information, there are currently eight cases in which the investigation is closed, eight cases under investigation and about 15 cases under preliminary examination.

    Following killings in the town of Ndele (North East) in April this year, the SCC announced on 8 May it will investigate the case. Nine people were arrested in connection to those events. Nine other individuals, members of the armed group UPC were arrested on 19 May in relation with clashes in Bambouti, Obo and Zemio (Southeast).

    The Central African Republic has a long history of coups, armed conflicts and violence targeted at civilians. The current conflict kicked off in March 2013, when a mostly-Muslim armed coalition known as the Seleka violently ousted the government.

    By mid-2013, an animist and Christian militia known as Anti-Balaka had sprung up to resist the Seleka, and it began carrying out large-scale attacks against Muslim communities in the western part of the country. Both sides have committed crimes under international law. The situation is also under investigation by the International Criminal Court since September 2014.

    A peace agreement was signed on 6 February 2019 between the CAR government and 14 armed groups, however serious abuses against civilians continue, including unlawful killings and sexual violence. About 80% of the territory is still controlled by armed groups.

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    CAR: Killings, sexual violence and displacements continue despite peace agreement https://www.amnesty.org/en/latest/news/2020/02/car-killings-sexual-violence-and-displacements/ Tue, 04 Feb 2020 18:53:10 +0000 1148 2063 2064 2066 1744 https://www.amnesty.org/en/latest/news/2020/02/car-killings-sexual-violence-and-displacements/ As the Central African Republic (CAR) celebrates tomorrow the first anniversary of the Khartoum peace agreement signed between the government and 14 armed groups, Alice Banens, Amnesty International Legal Advisor said: “Tomorrow’s first anniversary of the peace agreement in the Central African Republic must be another opportunity to strengthen efforts to protect the civilian population […]

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    As the Central African Republic (CAR) celebrates tomorrow the first anniversary of the Khartoum peace agreement signed between the government and 14 armed groups, Alice Banens, Amnesty International Legal Advisor said:

    “Tomorrow’s first anniversary of the peace agreement in the Central African Republic must be another opportunity to strengthen efforts to protect the civilian population from violence and to bring alleged perpetrators of crimes under international law to justice.

    Tomorrow’s first anniversary of the peace agreement in the Central African Republic must be another opportunity to strengthen efforts to protect the civilian population from violence and to bring alleged perpetrators of crimes under international law to justice.

    Alice Banens, Amnesty International Legal Advisor

    “One year after the peace agreement was signed, violence against civilians has not stopped. Various armed groups continued to commit serious abuses against civilians, including killings and sexual violence. The number of victims continues to grow, while victims of serious human rights violations and abuses committed before the peace agreement was signed still wait for justice.

    “The government, in coordination with the Special Criminal Court and the ICC where appropriate, should take all necessary measures to enable investigations and prosecutions of past atrocities.

    “In parallel, two former heads of State, Francois Bozizé and Michel Djotodia have recently returned to the country. Amnesty International has documented evidence of their alleged responsibility for atrocity in crimes. CAR authorities are presented with unprecedented opportunity to investigate and, if they document sufficient evidence, to bring them to court in fair trials. This will be a step towards ending the culture of impunity.”

    Background

    One year ago, on 6 February 2019, the CAR government and 14 opposition armed groups signed a political agreement in Khartoum for peace and reconciliation, with the aim of ending a conflict that has seen serious violations and abuses of international human rights since December 2012.

    Despite the signature of this peace agreement, various armed groups continued to commit serious abuses against civilians, including unlawful killings and sexual violence. More than 30 people were killed on 25 December in PK5 neighbourhood of Bangui. On 26 January 2020, 11,000 were displaced because of clashes between armed groups in the eastern town of Bria.

    While significant efforts were made at national and international levels to bring to account suspected perpetrators of serious human rights violations and abuses in successive conflicts since 2003, there is still much to be done to address impunity.

    Amnesty International has been calling for the investigation of Bozizé and Djotodia’s alleged responsibility in serious human rights violations, for years. In 2014, an arrest warrant was already pending against François Bozizé for murder, torture and other charges.

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    UN: Catastrophic failure as civilians ravaged by war violations 70 years after Geneva Conventions https://www.amnesty.org/en/latest/news/2019/05/un-catastrophic-failure-as-civilians-ravaged-by-war-violations-70-years-after-geneva-conventions-2/ Wed, 22 May 2019 12:21:10 +0000 1148 2063 2064 2106 2122 2105 2123 2066 1744 1742 1949 2031 2039 1821 2049 1753 1754 2051 2055 2018 1799 2057 https://www.amnesty.org/en/latest/news/2019/05/un-catastrophic-failure-as-civilians-ravaged-by-war-violations-70-years-after-geneva-conventions-2/ The UN Security Council must mark the 70th anniversary of the Geneva Conventions this year by ending its catastrophic failure to protect millions of civilians around the world whose lives and livelihoods are routinely ravaged by violations of the laws of war, Amnesty International said today. Tomorrow (23 May), the Security Council will hold an […]

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    The UN Security Council must mark the 70th anniversary of the Geneva Conventions this year by ending its catastrophic failure to protect millions of civilians around the world whose lives and livelihoods are routinely ravaged by violations of the laws of war, Amnesty International said today.
    Tomorrow (23 May), the Security Council will hold an open debate on the protection of civilians in armed conflict – 20 years after this goal was first added to its agenda.

    “Twenty years after the UN Security Council pledged to do its utmost to protect civilians in armed conflict, and 70 years since the Geneva Conventions sought to shield civilians and others from the types of atrocities committed during the Second World War, the picture is incredibly grim,” said Tirana Hassan, Crisis Response Director at Amnesty International.

    The great military powers cynically boast about ‘precision’ warfare and ‘surgical’ strikes that distinguish between fighters and civilians. But the reality on the ground is that civilians are routinely targeted where they live, work, study, worship and seek medical care. Parties to armed conflict unlawfully kill, maim and forcibly displace millions of civilians while world leaders shirk their responsibility and turn their backs on war crimes and immense suffering.

    Tirana Hassan, Crisis Response Director at Amnesty International

    “The great military powers cynically boast about ‘precision’ warfare and ‘surgical’ strikes that distinguish between fighters and civilians. But the reality on the ground is that civilians are routinely targeted where they live, work, study, worship and seek medical care. Parties to armed conflict unlawfully kill, maim and forcibly displace millions of civilians while world leaders shirk their responsibility and turn their backs on war crimes and immense suffering.

    “Russia, China and the United States continue to abuse their veto power by blocking draft resolutions that aim to prevent or stop atrocities from taking place. Every time this happens, they are putting innocent people living in these danger zones at grave risk.”

    In recent years alone, Amnesty International has documented a blatant disregard for civilian protection and international humanitarian law in armed conflicts where four of the five permanent members of the UN Security Council are parties – Russia, the USA, the UK and France. The fifth, China, has actively shielded neighbouring Myanmar as it carried out war crimes, crimes against humanity and possibly genocide.

    The disastrous failure to protect civilians has been evident in the US-led Coalition’s blitzing of Raqqa, Syria, that left more than 1,600 civilians dead; in Russian and Syrian forces’ wanton destruction of civilian infrastructure and lives in Aleppo, Idlib and elsewhere – forcing mass displacement of millions and amounting to war crimes and crimes against humanity; and in the war in Yemen where the Saudi Arabia/UAE-led coalition, backed by Western arms, has killed  and injured thousands of civilians in unlawful attacks and fuelled one of the world’s worst humanitarian crisis.

    Somalia remains another of the world’s worst human rights and humanitarian crises. All parties to the conflict, including the USA, have violated both international human rights and humanitarian law. Despite ramping up air strikes in its secretive war in Somalia over the past two years, the USA failed to admit a single civilian casualty until an Amnesty International investigation prompted it to.

    Israel has repeatedly targeted civilians and civilian objects during military operations in Gaza since 2008, causing great destruction and loss of human life. Between March 2018 and March 2019, Israel used lethal force against Palestinian protesters, killing at least 195 people, including medics, journalists, and children. Palestinian armed groups have fired indiscriminate rockets into civilian neighbourhoods in Israel, causing several fatalities.

    In South Sudan and elsewhere, conflict-related sexual violence and gender-based violence are occurring at shocking levels. Witnesses and victims of a brutal government-led offensive in April-July 2018 in the north of the country described how civilians, including women, children, older persons and persons with disabilities were deliberately killed by gunfire, burnt alive in their homes, hung from trees and rafters and run over with armoured vehicles. Civilians were hunted down while fleeing into nearby wetlands, or rivers, as soldiers shot indiscriminately into areas where people were hiding and carried out attacks on islands where they had sought refuge.

    The UN Assistance Mission in Afghanistan (UNAMA) reported a record high number of civilian casualties in 2018, with 10,993 people killed or injured

    Just last week, in Libya, Amnesty International documented how a fresh offensive on Tripoli has been marked by indiscriminate attacks and assaults putting the lives of civilians, including vulnerable detained refugees and migrants, at risk.

    Nor is the record of the United Nations itself unblemished. In South Sudan, the Central African Republic, and elsewhere, UN peacekeepers have failed, on multiple occasions, to protect civilians facing deadly violence. A particularly reprehensible problem is that of sexual exploitation and abuse, with civilian women and girls being raped and assaulted by the very peacekeepers who are supposed to protect them.

    Especially vulnerable people like children, older persons and persons with disabilities have also been targeted in particular ways in conflict – such as militaries and armed groups recruiting child soldiers or brutally assaulting those less able to flee during attacks on civilian populations.

    Despite international treaties prohibiting their use, some states and armed groups continue to use inherently indiscriminate weapons like cluster munitions and landmines, which have been banned under international law for their impact on civilians. Others, such as Syria and Sudan have also used chemical weapons, which have no place in warfare.

    Last year, the UN Refugee Agency decried the record-breaking figure of 68.5 million people displaced worldwide by armed conflict and other forms of violence.

    World leaders have all but abandoned civilians to the ravages of war. This week’s open debate in the Security Council must yield more than just posturing and empty promises. Concrete action is needed to reverse course, effectively protect civilians, stop war crimes and end impunity.

    Tirana Hassan

    “Seventy years on from the Geneva Conventions, to have almost 70 million human beings displaced by wars and other violence reflects the catastrophic failure of world leaders to protect them,” said Tirana Hassan.
    “World leaders have all but abandoned civilians to the ravages of war. This week’s open debate in the Security Council must yield more than just posturing and empty promises. Concrete action is needed to reverse course, effectively protect civilians, stop war crimes and end impunity.”


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    CAR: Up to 100 civilians shot and burnt alive as UN peacekeepers leave posts in Alindao https://www.amnesty.org/en/latest/news/2018/12/car-up-to-100-civilians-shot-and-burnt-alive-as-un-peacekeepers-leave-posts-in-alindao-2/ Fri, 14 Dec 2018 00:01:00 +0000 1148 1698 1744 2063 2106 2122 2105 2123 2066 https://www.amnesty.org/en/latest/news/2018/12/car-up-to-100-civilians-shot-and-burnt-alive-as-un-peacekeepers-leave-posts-in-alindao-2/ The United Nations must carry out a thorough investigation into UN peacekeeping troops’ response to a recent attack that killed as many as 100 civilians in a displaced persons camp in the Central African Republic, Amnesty International said today in a new report.According to multiple eyewitnesses, UN peacekeepers did not engage an attack by an […]

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    The United Nations must carry out a thorough investigation into UN peacekeeping troops’ response to a recent attack that killed as many as 100 civilians in a displaced persons camp in the Central African Republic, Amnesty International said today in a new report.
    According to multiple eyewitnesses, UN peacekeepers did not engage an attack by an armed group but instead retreated in an armoured vehicle to their central base, leaving thousands of civilians unprotected at the camp in Alindao on 15 November.

    An immediate and impartial inquiry must focus, in particular, on whether the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) failed in its duty to protect the lives of more than 18,000 people residing at the site.

    “Scores of civilians at the displaced persons camp in Alindao were massacred after the UN peacekeepers charged with protecting them failed to take action to fend off their armed attackers,” said Joanne Mariner, Senior Crisis Response Adviser at Amnesty International.

    Scores of civilians at the displaced persons camp in Alindao were massacred after the UN peacekeepers charged with protecting them failed to take action to fend off their armed attackers.

    Joanne Mariner, Senior Crisis Response Adviser at Amnesty International

    “While UN troops were badly outnumbered by armed attackers, their actions—both before and during the attack—raise serious questions as to whether they lived up to their mandate to protect civilians.”
    MINUSCA told Amnesty International that, given the small number of peacekeepers, it would have been impossible for them to contain the violence. But it is far from clear that, with their armoured vehicles and heavier weapons, the troops could not have taken defensive positions that might have deterred the attack, particularly had they fired warning shots. 

    Bloody attack

    At around 8-8:30am on 15 November, a Seleka off-shoot called the Union for Peace in the Central African Republic (Union pour la Paix en Centrafrique, UPC) attacked the displaced persons camp located at Alindao’s Catholic mission. They fired mortars and rocket-propelled grenades at the site, and then looted and burned the majority of the displaced persons’ dwellings.
    The UPC fighters were joined by many armed Muslim civilians from Alindao and surrounding villages. They were reportedly angered by previous killings of Muslim civilians in the area, including the murder of a Muslim motorcycle-taxi driver that same morning.

    Amnesty International interviewed 20 survivors, many of whom described how Mauritanian MINUSCA peacekeepers stationed at the site failed to respond to the attack. Rather than defend against the attackers, or even fire warning shots, the Mauritanian troops retreated to their main base at the site.

    By the time the attackers finished plundering and burning the site toward the end of the day, at least 70 civilians had been killed – with some sources estimating a total of nearly 100 dead – and around 18,000 displaced civilians had been forced to flee again.

    Women, children and vulnerable IDPs killed en masse

    The dead included many women, children, older people, and people with disabilities.
    Georgette, whose family had been forced to flee her home in Alindao’s Bangui-ville neighbourhood in May 2017, lost both her mother and her eight-year-old daughter when attackers broke down the door to their home and shot them. Her mother, Marie, age about 65, died on the spot; her daughter, Natasha, died 10 days later at the hospital in Bambari, where she had been transferred to receive medical care.

    Older people and people with disabilities were particularly vulnerable, and were killed in large numbers when they were unable to run away to escape the attack. Many were burned alive in their shelters, which were made of wooden poles and extremely combustible dried vegetation.

    The attackers also killed two Catholic priests – Fr. Prospère Blaise Mada and Fr. Célestin Ngoumbango. While Amnesty International was unable to confirm whether they were purposefully targeted as priests, witnesses said they were wearing their priestly cassocks when killed.

    UPC fighters and their accomplices massively looted and then burnt down nearly all of the shelters on the site and emptied a storehouse used by the World Food Programme. Amnesty International reviewed satellite imagery clearly indicating the area that had been burnt.

    “The United Nations needs to assess whether the massacre at Alindao was preventable, and, most importantly, what it can do to ensure that future violent attacks on civilians are deterred or contained,” said Joanne Mariner.

    Given a robust mandate to protect civilians, MINUSCA forces have maintained a long-standing presence at the IDP site in Alindao. Before the current posting of Mauritanian peacekeepers (which, since the 15 November attack, have been joined by a contingent of Rwandan troops), Burundian troops protected the site.

    Numerous former residents of the site told Amnesty International that the Mauritanian peacekeepers, based there since about May, failed to properly control the area and prevent the entry of arms and armed fighters. In contrast to MINUSCA contingents previously based at the site, they rarely carried out patrols, and delegated much of their day-to-day duties to a small “security team” of anti-balaka fighters.

    “The Mauritanian peacekeepers’ apparent acceptance of anti-balaka control of the site put the civilian population in great danger,” said Joanne Mariner.

    MINUSCA denied that its forces allowed the anti-balaka to operate at the camp, pointing out that the camp is huge, making control over it extremely difficult. However, the actions of the Mauritanian troops showed that they not only knew of the anti-balaka fighters’ presence, they authorized it.

    Threat of further violence

    The threat of further attacks against displaced civilians looms large elsewhere in the country. On 4 December, UPC fighters reportedly attacked another IDP site run by the Catholic church in Ippy, resulting in the deaths of two children. Eyewitnesses told Amnesty International that Mauritanian MINUSCA peacekeepers were present at the time, but failed to prevent the attack.

    UN vote to renew peacekeeping mandate

    On 13 December, the UN Security Council voted to renew MINUSCA’s mandate for another year. Amnesty International supports MINUSCA’s presence in the Central African Republic, and recognizes that, despite the many challenges, the peacekeeping force has saved countless lives. It calls on the international community to ensure, however, that the force is adequately trained, structured, and equipped to deliver on its ambitious mandate.
    “United Nations Secretary-General António Guterres should set up a thorough and timely independent investigation into what led to the killings in Alindao. This will help the UN better fulfill its mandate of protecting the Central African Republic’s civilians,” said Joanne Mariner.

    United Nations Secretary-General António Guterres should set up a thorough and timely independent investigation into what led to the killings in Alindao. This will help the UN better fulfill its mandate of protecting the Central African Republic’s civilians.

    Joanne Mariner

    “The report of the investigation should be made public, and its recommendations should lead to concrete action.”

    In addition, MINUSCA should ensure that adequate military forces with appropriate equipment carry out robust patrols in high-risk areas of the country, including Bambari, Batangafo, Alindao, Ippy, and Bangassou.

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    CAR: Anti-balaka coordinator’s ICC arrest deals major blow against impunity for atrocities https://www.amnesty.org/en/latest/news/2018/12/car-anti-balaka-coordinators-icc-arrest-deals-major-blow-against-impunity-for-atrocities-2/ Wed, 12 Dec 2018 16:58:42 +0000 1148 1698 1744 2063 2064 2102 2100 2099 2066 https://www.amnesty.org/en/latest/news/2018/12/car-anti-balaka-coordinators-icc-arrest-deals-major-blow-against-impunity-for-atrocities-2/ Reacting to the news that French authorities have acted on an International Criminal Court (ICC) arrest warrant for Patrice-Edouard Ngaïssona, a former coordinator of the Central African Republic’s (CAR) anti-balaka armed group, Samira Daoud, Amnesty International West and Central Africa Deputy Director said: “This is a major step forward in the fight against impunity in […]

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    Reacting to the news that French authorities have acted on an International Criminal Court (ICC) arrest warrant for Patrice-Edouard Ngaïssona, a former coordinator of the Central African Republic’s (CAR) anti-balaka armed group, Samira Daoud, Amnesty International West and Central Africa Deputy Director said:
    “This is a major step forward in the fight against impunity in the Central African Republic. The ICC arrest warrant for Ngaïssona includes crimes against humanity and war crimes, ranging from murder and torture to forcible deportation and recruitment of child soldiers.

    Today’s arrest sends a hopeful message that all those responsible for past and ongoing crimes under international law in CAR will be brought to justice – either at the ICC, in national courts or the country’s hybrid Special Criminal Tribunal.

    Samira Daoud, West and Central Africa Deputy Director

    “In July 2014, Amnesty International published a dossier naming Ngaïssona and 19 other individuals suspected of responsibility for war crimes, crimes against humanity and other serious human rights abuses committed in CAR since December 2013.

    “The ongoing serious violence in CAR – including an attack on a displaced persons camp that killed up to 100 civilians in Alindao last month – is a testament to what happens when impunity reigns. 

    “Today’s arrest sends a hopeful message that all those responsible for past and ongoing crimes under international law in CAR will be brought to justice – either at the ICC, in national courts or the country’s hybrid Special Criminal Tribunal.”

    Background

    The ICC’s Pre-Trial Chamber issued an arrest warrant for Patrice-Edouard Ngaïssona on 7 December 2018, as part of an ongoing investigation into the situation in CAR opened on 24 September 2014.
    Ngaïssona is a former Government minister, President of the CAR football federation and self-proclaimed coordinator of the anti-balaka armed groups.

    His arrest comes after Alfred Yekatom, an alleged former anti-balaka commander, was surrendered to the ICC on 17 November and appeared before the Court on 23 November.

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