May 30, 2016 (NEW YORK) – United Nations Security Council (UNSC) is scheduled to discuss renewing and even adding more sanctions on South Sudan in the wake of none or slow progress in the implementation of the Agreement on the Resolution of the Conflict in South Sudan (ARCISS) signed by warring parties in August last year.
On Tuesday, 31 May, the Security Council is expected to adopt a resolution renewing the South Sudan sanctions regime including assets freezes and travel bans on designated individuals for an additional year and also renew the mandate of the Panel of Experts for 13 months.
This comes after an agreement to pursue the sanctions was reached with Russia on Friday, 27 May, in which the draft resolution followed two technical rollovers (resolution 2280 of 7 April and resolution 2271 of 2 March) that briefly extended the sanctions regime.
The sanction's renewal was delayed due to the return to Juba of the opposition leader and current First Vice President, Riek Machar, and the formation of the transitional government of national unity in late April.
Some members of the UN Security Council believed that the Council required more time to consider an appropriate approach to sanctions, including a potential arms embargo, while the political situation was in considerable flux and the threat of additional sanctions could affect the calculations of the key decision-makers.
Also members were of the view that the additional time might allow the Council to formulate a more unified strategy, given the divergent views on sanctions. Hence, brief technical rollover resolutions were adopted.
The decision now to pursue an extension of the sanctions regime for a full year appears to reflect the view that an important milestone was achieved with the formation of the transitional government, although there is general recognition that enormous difficulties still lie ahead in the implementation of the peace agreement.
These hurdles include lack of political will by the parties in the transitional government of national unity to resolve on the controversial 28 states which IGAD and UN wanted suspended, but not done up to now.
Others include the non-implementation of most part of the security arrangements and cantonment of forces which was supposed to be done since last year in the pre-transitional period of three months before formation of transitional government.
A new transitional parliament has not yet been reconstituted by the parties, leaving the former parliament of President Salva Kiir's faction to illegally continue to operate, among others.
However, based on the negotiations of the current text, it is clear that the Council remains divided on the issue of sanctions. The resolution expected to be adopted on Tuesday does not make fundamental changes to the current sanctions regime.
The US, the penholder on South Sudan, circulated the first draft on 18 May, and the first and only round of negotiations among all 15 members was held the following day. Subsequent negotiations were conducted bilaterally. The initial draft was based on the text the Council was negotiating in late February, before it opted to pursue a short technical rollover.
There were a number of areas of disagreement during the negotiations. One controversial issue was the request for a special report from the Panel of Experts. The initial draft proposed that the report focus strictly on the transfers to South Sudan of arms and related materiel, to enable the Council to evaluate the “appropriateness of additional measures.”
Russia, China and Egypt appeared to be uncomfortable with referring to possible “additional measures”, apparently believing that this would prejudice the outcome of the Council's deliberations in favor of a possible arms embargo.
As a compromise, the US attempted to temper the language in this paragraph; for example, it changed “appropriateness of additional measures” to “appropriate steps.”
However, this formulation was still not acceptable to Russia, one reason why it broke silence. As a compromise, the penholder agreed to delete from the text in blue any reference to follow up, that is ”additional measures” or “appropriate steps” that the Council might take based on the findings of the report.
The Council is also concerned about the ongoing threats in South Sudan to humanitarian organizations and workers as well as non-cooperation with the United Nations Mission in South
Another controversial issue was how to refer to the South Sudan Non-Governmental Organizations Bill, which has been criticised by non-governmental organisations that believe it discriminates against them and inhibits their ability to provide humanitarian assistance to South Sudanese.
The original draft expressed deep concern with this bill, indicating that it could disrupt the operations of international and national non-governmental organisations.
It remains to be seen whether or not the Council members will agree on a measure to take against parties in South Sudan once the deliberations, expected on Tuesday, kick off in New York.
(ST)
May 30, 2016 (KHARTOUM) - The Sudan People's Liberation Movement North (SPLM-N) Monday announced the release within some days of 20 prisoners of war (POWs) and 20 mine workers on the eve of the Holy Month of Ramadan.
SPLM-N Peace Spokesperson, Mubarak Ardol; said the SPLM-N leadership held consultations on the release of the 40 people through the office of the International Committee of the Red Cross (ICRC) in Addis Ababa.
"The movement's leadership directed to hand over the prisoners and detainees as soon as possible to the Red Cross so that they can perform Ramadan fasting with their families after long time," Ardol added.
Ramadan, the ninth month of the Islamic calendar, is expected to begin this year on Monday 6 June 2016.
Since more than a year, the SPLM-N which fights the Sudanese army in the Blue Nile and South Kordofan states agreed to release 20 POWs and 20 mine workers following discussions with the Islamist group of Al-Sa'ihoon.
However, in May 2015 the rebel group said the government refused to give the needed authorizations for the ICRC to collect by plane the 20 PoWs and 20 workers who were in different locations in the two states.
Ardol said that the SPLM-N has an impeccable record of respect for human rights that its historical leader John Garang had contributed to consolidate this tradition.
He pointed the ongoing military campaign by the Sudanese government on their positions hinders the release of the 40 people. But the SPLM-N and the ICRC will make every efforts to enable the prisoners and detainees to join their families.
Also, the rebel official disclosed that some POWs were killed during the government attacks without elaboration.
(ST)
May 30, 2016 (JUBA) - The Jieng Council of Elders (JCE) in South Sudan are opposed to any global pressure against last year's presidential decree, which expanded the country's number of states from the constitutionally recognised 10 states to 28.
The order is said to have contravened the peace deal signed with armed opposition under the leadership of the first vice president Riek Machar based on the 10 states.
“The Jieng Council of Elders (JCE) is alarmed and deeply regrets the recent respect to the status of the 28 States establishment order, (EO 36/2015). The UNMISS (United Nations mission in South Sudan) head said that she does not recognise the 28 states,” party reads the 26 May protest statement, which Sudan Tribune obtained.
It add, “Obviously, there are pockets of political opposition in the country to the creation of 28 states and so for her to take the same position, as the opposition, is an act of partiality and goes counter to the spirit of the agreement and inconsistent with the mandates of the institutions they lead”.
The JCE, comprising largely relatives and political allies of President Salva Kiir, accused the special representative of the secretary general of the UN mission in the country of allegedly siding with the opposition on the issue and must cease doing so.
“The UNMISS leader appears bent on encroaching deliberately into the affairs of a sovereign state,” said JCE.
“It may serve her well to stay out of South Sudanese politics and administrative matters and allow the South Sudanese to chart their course on these matters without prejudice. The council therefore advises the two institutions to adhere strictly to their respective mandates by avoiding unwarranted meddling in the affairs of a sovereign state,” it added.
The JCE reiterated that the establishment was a sovereign decision and should not therefore be reversed; asserting doing so would endanger the unity and social harmony.
South Sudan's sovereignty, JCE said, is vested solely in the people of South Sudan and it is not amenable or subject to debates engendered from within or from without.
“The right of the people of South Sudan to govern themselves within confines of their respective diverse cultures ought to be held sacred and inalienable,” it said, adding the 28 states was in response to popular demand.
The statement had signatures of Ambrose Riny Thiik, chairman of the group and co-chair Joshua Dau Diu. Aldo Deng, another member of the JCE also signed the document.
(ST)
By Tesfa-Alem Tekle
May 30, 2016 (ADDIS ABABA) – Eritrea said the huge exodus of tens of thousands of its citizens was the outcome of an international conspiracy supported by human smugglers.
The remarks was made by Eritrea's Foreign Minister, Osman Saleh, during the recent Ministerial Conference on “Sustainability of Migratory Phenomenon; towards a new Model of Dialogue” held in Rome, Italy.
The Minister denied that right violations were the causes for the increasing number of citizens fleeing the Red Sea nation.
He argued that the migration which he said was not peculiar to Eritrea instead was due search of improved opportunities oversees.
However Eritrean refugees who arrived in Ethiopia this year has told Sudan Tribune that poverty, political repression, different forms of right abuses, imprisonment, joblessness were main causes driving citizens flee their home country.
According to the refuges, military conscription and the indefinite service afterwards is forcing more and more young Eritreans leave their country.
At the conference, Saleh claimed that an international migration conspiracy is being used to tarnish nation's image.
He said "sensationally manipulated statistics and the perceived number of Eritrean migrants frequently quoted by the UNHCR" had also become a tool of political disinformation to tarnish the image of Eritrea.
He alleged illegal migration had become a politically motivated agenda serving as part and parcel of a larger campaign to vilify, isolate and destabilize Eritrea.
“The youth has been the main target of the migratory conspiracy and protracted psychological warfare to lure them away from national defence and development responsibilities by attracting them to a promising heavenly life”
He added false and manipulated asylum cases have been orchestrated and used to project a false image of impending crisis so as to accuse the Eritrean Government.
The minister mentioned a statement by President Barack Obama back in 2012 as corroborating the alleged “conspiracy perpetuated to use Eritrean migration as a political tool”
He also added that “this criminal activity has the involvement of some countries, organizations, surrogate anti- Eritrean groups and pseudo-human right activists”
Eritrea also referred by international right groups as the North Korea of Africa is one among the world's most oppressive nation.
According to the UN refugee agency (UNHCR), every month at least 5,000 citizens flee the Secretive east African nation.
In Ethiopia alone there are an estimated 100,000 Eritrean refugees sheltered in a number of refugee camps located near the common border.
Last year, Eritreans were recorded as the third largest group of people embarking on the perilous Mediterranean in a bid to cross to Europe.
Every month hundreds of Eritreans bound to Italy attempt to cross the Mediterranean from Libya however many of them end up perished.
(ST)
May 30, 2016 (KHARTOUM) - The Qatari Deputy Prime Minister Ahmed bin Abdalla al-Mahmoud and the Joint Chief Mediator Martin Uhomoibhi Monday started discussions in Doha with two Sudanese armed groups on ways to join the Doha Document for Peace in Darfur (DDPD).
The leaders of the Justice and Equality Movement (JEM), Gibril Ibrahim and Sudan Liberation Movement-Minni Minnawi (SLM-MM), Minni Minnawi seek to include Qatar in the African Union brokered talks for peace in Sudan in order to review some parts of the DDPD that they didn't sign.
"Talks with the two movements focused on the possibility of joining the peace process on the basis of the Doha Document for Peace in Darfur (DDPD) and the views of the two movements in this regard," said a short statement released by the official Qatari News Agency (QNA).
The two sides will continue consultations in order to reach common grounds that could pave the way for the movements to join the peace process in Darfur, further said the agency.
During the peace talks in Addis Ababa with the Sudanese governments the two groups demanded to discuss some matters related to landownership, compensations, and protection of civilians. Khartoum refused this demand and asked them to sign the DDPD first.
It was noticed that al-Tom Hajo, deputy chairman of the Sudanese Revolutionary Forces led by Gibril Ibrahim is taking part in the Doha meeting.
A rebel official told Sudan Tribune under the cover of anonymity that Hajo's participation aims to show their commitment for a comprehensive solution in Sudan.
(ST)
May 30, 2016 (BOR) - Boma state, a region cocomprising mainly of pastoralists, is yet to get the 20 tractors promised to each state by the South Sudanese Presdent, Salva Kiir.
Plans to increase food production in Boma state, through engaging its redundant youth in agricultural activities had been marred by failure to secure the 20 tractors meant for the state population, according to the Boma state governor, Baba Medan Konyi.
“We did not manage to receive our share of tractors this year from Juba. Majority of the people, whom we wanted to engage on agriculture, especially the youth, are now redundant. Very few have cultivated around their homestead, on less than a fedan. This cannot support them in any way”, he told Sudan Tribune in Pibor on Saturday.
The communities in Pochalla and Anuak are said to have tried best, using their manual hand tools to cultivate reasonable sizes of their farms. He however said the Murle had not done much in farming due to several challenges it's communities had been faced with.
“One of the reasons is that man in Murle don't cultivate, they only go after cattle, while women remain at homes to do the rest of the jobs, including cultivating for the family. Maize is the common crop they plant, but what they plant cannot feed them for even a month”, stressed Medan.
“So there was a need for us to train them on large scale food production and to teach men that farming is not only for women”, he added.
Medan said failure of the tractors to arrive, indicated that the status of food security in the state would still be low next year, urging the humanitarian to step in for help.
In other places, large section of the communities spent the entire year moving from one place to another with their cattle as they searched for green pastures.
“We will target this communities by making them settle, so that they begin to cultivate to have enough food for the rest of the year. This will give their children a chance to access education”, said Medan.
(ST)
May 30, 2016 (WAU) – The Muslim fraternity in South Sudan's Wau state on Monday elected Bashir Dor as the Islamic Council's new secretary general.
In an interview with Sudan Tribune after he was elected, Bashir said he would work to ensure the council recovers all lost properties of the Muslims.
He, however, vowed to closely work with the state government to ensure success.
Top of council's priority, its secretary general said, would be to unite Muslims in Wau.
“We thank God for bringing me as the secretary general [Islamic] Council of Wau state. This of cause is not by accident, but by the very big work done by my brothers and actually our programs will start from now onwards in order to recognise the Islamic properties in the state and then to unite Islamic groups,” he said.
Bashir further acknowledged the peaceful co-existence between Muslims and Christians in the state, but promised to further strengthen these existing ties.
Bashir replaces Sheikh Fuad Hassan who was murdered in Wau county in 2012.
The Muslims, according to a 2012 Pew Research Center on Religion and Public Life report, Muslims in South Sudan accounted for about 6.2% of the country's population.
(ST)
May 30, 2016 (KHARTOUM) - Sudan's National Intelligence and Security Services (NISS) has seized copies of Alwan newspaper on Monday for the second day in a row without stating reasons.
NISS has recently intensified crackdown on the newspapers and confiscated copies of Al-Taghyeer, Al-Saiha and Akhir Lahza newspapers for two days in a row.
Also, print runs of Al-Gareeda newspaper were seized five times within one week.
On Sunday, NISS confiscated copies of Alwan from the printing house while on Monday the newspaper was seized after it had reached the distribution centers.
The editorial board of Alwan said it is not aware of the reasons for the confiscation and pointed that the NISS didn't contact them to explain the causes of the move.
It added that the newspaper might not publish on Tuesday in fear of a third confiscation.
Some journalists said the confiscation was likely a retaliatory measure agsinst Alwan for publishing an interview with the leader of the rebel Justice and Equality Movement (JEM) Gibril Ibrahim on Sunday.
It is noteworthy that Alwan is owned by the popular Islamic figure Hussein Khogali.
Sudan's constitution guarantees freedom of expression but laws subordinate to the constitution such as the National Security Forces Act of 2010 contains articles that can be potentially used to curtail press freedom and instigate legal proceedings against newspapers and individual journalists.
NISS usually accuses the newspapers of crossing the red lines through publishing reports which adversely impact the national security.
Sudanese journalists work under tight daily censorship controls exercised by the NISS.
They say that NISS uses seizures of print copies of newspapers, not only to censor the media but also to weaken them economically.
(ST)
May 30, 2016 (JUBA) – The leadership of the Emmanuel Jieng [Dinka] Parish has released a statement, saying it regretted the violent protest which occurred inside their church in the capital, Juba on Sunday.
They also said the church leadership had convinced the top priest in charge who announced he was resigning over the embarrassing situation caused by Dinka youth protesters, to reconsider his decision and continue leading the church.
The tribally-named Emmanuel Jieng Parish is a branch of the Episcopal Church of South Sudan with Archbishop Daniel Deng Bul as its overall leader in the country.
On Sunday, several protesters were arrested inside the church by security personnel after staging a protest against the church leadership for inviting the First Vice President, Riek Machar, an ethnic Nuer, to the ethnic Dinka church service on 22 May, where he preached the need for peace, reconciliation and forgiveness among the people.
Machar also urged the congregation to support the implementation of the peace agreement he signed with President Salva Kiir to end the 21 months of the civil war.
Since his arrival in Juba on 27 April, Machar visited different churches on Sundays and Saturday with different congregations of different tribes, repeating the same message of peace, reconciliation and forgiveness.
However, his appearance on Sunday, 22 May, in the ethnic Dinka church, which is predominantly of Dinka Bor members from Jonglei state, angered some members of the congregation who walked out in protest, accusing the church leadership of inviting an enemy.
On Sunday, 29 May, a week later, protesters, mainly young people, allegedly incited by politicians inside the church, almost interrupted the church service and demanded that the top church priest who invited Machar last week resigned.
The Dinka Bor youth who stormed the church carried banners of pictures and names of their three senior dead army Generals who were killed in action between 2013 and 2014 while commanding government troops against Machar's opposition forces.
The Emmanuel Jieng Parish's top priest, Reverend Joseph Maker Achiek, after witnessing the chaotic situation, decided to resign, which he announced immediately on Sunday.
Also Bishop Nathaniel Garang Anyieth, a respected veteran priest who was also in the attendance and witnessed the chaotic scene, was seen crying while conducting a closing prayer in the church.
The statement released by the church on Sunday evening, however said the church's top priest, Pastor Achuek, will continue to lead the Emmanuel Jieng Parish, describing the protesters who demanded his resignation as not members of the church.
“The Parochial Church Council regrets over the row initiated by non-congregants during the church service at Emmanuel on Sunday, the 29/05/2016. The row-group were dressed in black T-shirts holding pictures of Late Generals Abraham Jongroor Deng and Kuol Malith Reech and also indicated the name of Ajak Yen who were killed in the recent war. Their intention was to provoke the church into chaos, which did not happen,” partly reads the press statement signed by Solomon Manyang Jok, the church secretary.
“The group claimed to be disappointed by the visit of the First Vice President of the Republic of South Sudan, Dr. Riek Machar Teny last Sunday, the 22nd May 2016, accusing the church to have allowed him to pray and addressed the congregation, because they termed the church to be tribal while the church is the body of Christ where everybody has right to exercise his Christian rites,” the statement further reads.
He said the government's law enforcement personnel intervened and apprehended the protesters, but added that the church administration sent a delegation to the security organ to release them later.
“As a result of the row, the Parish Priest, Rev. Joseph Maker Achiek was emotionally moved and uttered his resignation, which the Council termed as slippery of tongue. Based on this, the Church Council called the Parish Priest immediately to withdraw his statement, which he did,” he said.
“We as a church do urge our members and the community at large to remain calm and show away from this barbaric act of this group and click into the spirit of love, harmony and unity as children of God,” the statement added.
(ST)
May 30, 2016 (BENTIU) – At least 5,320 Bul Nuer currently living at the United Nations Protection of Civilian (PoC) site at Jebel-Kujur, a suburb of the South Sudan capital, have urged the country's leaders to speed up the ongoing peace implementation process.
James Tut Wuliny, a Bul Nuer community leader, said the peace deal signed in August last year, between warring parties was the only option to end conflict.
He however said South Sudanese leaders should explain the importance of peace among citizens in the young nation.
Wuliny says both President Salva Kiir and his first deputy, Riek Machar had vital roles to play in efforts to promote peace and unity in the country, despite the two year conflict.
“We are taking this initiative as Bul [Nuer] community leaders that President Salva Kiir Mayardit and his first deputy in the formation of transitional government of national unity had a task to stop random killings and looting of properties experienced in this unwanted three years of crisis,” he said.
The official lauded both leaders for their commitments to the ongoing implement of the country's peace accord, but said more need to be done in sensitizing the population.
“This courageous step you have taken shall save the country from economic crises and it will also restore trust between the tribes broken into ashes by the crisis,” he said.
Wuliny said the populations of Mayom, one of the counties in Unity state, fully support the peace deal and that it was time for people to forgive each other for crimes committed.
“We call upon all people in South Sudan to say sorry to one another and accept ourselves as one people serving one nation with a purpose,” further stressed the Bul Nuer leader.
James Gatluak Madiet, a displaced Bul Nuer currently living at the UN protection of civilian base in Juba, said a reconciliation campaign successfully kicked off on Sunday.
“The reconciliation campaign started today in UNMISS [UN Mission in South Sudan] will open doors to all peace lovers countrywide and also in the diaspora because without telling the truth to the affected communities, there will be no peace and the grievances will remain,” said Madiet.
The campaign is the first ever event organised by the Bul Nuer community at a UN protection site, since the conflict broke out in the South Sudan capital in December 2013.
(ST)
May 30, 2016 (KHARTOUM) - Sudanese President Omer al-Bashir would head his country's delegation participating in the upcoming Arab League (AL) summit which will be held in the capital of Mauritania, Nouakchott in July, said Sudan's state foreign minister
Bashir is under two International Criminal Court (ICC) arrest warrants since 2008 for genocide, crimes against humanity and war crimes allegedly committed in Darfur.
The Sudanese president visited Mauritania two times since the ICC issued the arrest warrants.
Mauritania is not a state party to the Rome Statute of the ICC, and therefore has no obligations under the statute. However, the ICC chief prosecutor, Fatu Bensouda, had in the past asked Saudi Arabia and Egypt who are also non signatories to the statute to arrest Bashir.
Sudan's State Foreign Minister Obied Allah Mohamed stressed the need to discuss ways for implementing the Arab food security initiative launched by President Bashir during the meetings of the 3rd Arab Economic and Social Development Summit in Riyadh in 2013.
He praised the support rendered by the AL to Sudan particularly with regard to peace and development issues, stressing Sudan's support for the Palestinian cause as the central and pivotal issue for the Arab and Islamic nation.
Obied Allah, who participated in the AL foreign ministers emergency meeting in Cairo on Saturday, expressed hope that the French initiative for Israeli-Palestinian peace could achieve the legitimate aspirations of the Palestinian people to the establish their independent state with Jerusalem as its capital.
Commenting on the situation in Libya, the Sudanese minister pointed to his country's efforts within the mechanism of the neighbouring countries of Libya to settle the differences among warring factions, stressing Sudan's support to the internationally recognized government headed by Faiz Al-Siraj.
Obied Allah further welcomed the AL resolutions supporting peace and development in Sudan, demanding the regional body to support the exit strategy of the peacekeeping mission in Darfur (UNAMID) following stability and improved security situation in the region.
He also urged the AL to support Sudan's demands for lifting the unilateral coercive economic sanctions imposed on it by the United States besides removing its name from the U.S. list of countries sponsoring terrorism.
Washington imposed economic and trade sanctions on Sudan in 1997 in response to its alleged connection to terror networks and human rights abuses. In 2007 it strengthened the embargo, citing abuses in Darfur which it labelled as genocide.
Also, Sudan has been on the US list of countries supporting terrorism since 1993, for allegedly providing support and safe haven for terrorist groups.
The Sudanese minister praised the support rendered to Sudan by Saudi Arabia, United Arab Emirates, Kuwait, Egypt and Qatar, expecting the AL summit to urge the UN Security Council to consider the adverse impact of the U.S sanctions on human rights in Sudan.
(ST)
Les temps forts du procès à Dakar de l’ex-dictateur du Tchad, Hissène Habré, qui a débuté le 20 juillet 2015 et s’est achevé le 30 mai 2016, lorsqu’il a été reconnu coupable de torture, crimes de guerre et crimes contre l’humanité lors de ses années au pouvoir (1982-90).
(Dakar) – La condamnation de Hissène Habré, l’ancien président du Tchad, pour de graves crimes internationaux, est l’aboutissement d’une campagne de plusieurs décennies menée par les victimes, a déclaré Human Rights Watch aujourd’hui. Hissène Habré a été reconnu coupable de torture, crimes de guerre et crimes contre l’humanité, et notamment d’avoir lui-même violé une femme, par les Chambres africaines extraordinaires et condamné à la réclusion à perpétuité le 30 mai 2016.
« C’est une immense victoire pour les victimes de Hissène Habré qui ont lutté sans relâche depuis 25 ans pour le traduire en justice», a déclaré Reed Brody, conseiller juridique à Human Rights Watch qui travaille auprès des victimes depuis 1999. « Cette condamnation envoie un signal d’alarme aux tyrans leur rappelant que s’ils commettent des atrocités, ils ne seront jamais hors de portée de leurs victimes ».
Le procès de Hissène Habré, qui a dirigé le Tchad de 1982 à 1990, a commencé le 20 juillet 2015. Habré, qui n’a jamais reconnu l’autorité des Chambres, a gardé le silence tout au long du procès.
Un résumé de la décision a été lue en audience par le Président de la Chambre, le juge burkinabé Gberdao Gustave Kam, qui était entouré de deux juges sénégalais. Le Procureur avait requis une peine de réclusion à perpétuité.
La décision finale écrite sera prochainement publiée. Human Rights Watch a préparé un résumé non officiel à partir des notes prises lors du verdict.
ExpandDes survivants des atrocités commises par Habré marchent vers le tribunal pour assister au verdict, 30 mai 2016
© 2016 Andrew Stroehlein / Human Rights WatchHabré a fui au Sénégal en 1990, après que son régime a été renversé par l’actuel président du Tchad Idriss Déby Itno. Bien qu’il ait été arrêté et inculpé une première fois au Sénégal en 2000, une campagne de longue haleine a dû être menée par ses victimes avant que les Chambres africaines extraordinaires ne soient inaugurées par le Sénégal et l’Union africaine en février 2013, pour juger des crimes internationaux commis au Tchad sous le régime de Hissène Habré.
« J’attends ce jour depuis que je suis sorti de prison il y a plus de 25 ans », a déclaré Souleymane Guengueng, qui faillit mourir de mauvais traitements et de maladie dans les geôles de Habré, et qui a fondé l’Association des victimes des crimes du régime de Hissène Habré (AVCRHH). « Aujourd’hui, je me sens dix fois plus grand que Hissène Habré. »
C’est la première fois que les tribunaux d’un État jugent l’ancien dirigeant d’un autre État pour des supposées violations des droits humains. Quatre-vingt-treize personnes ont témoigné au procès, la plupart d’entre elles ayant fait le voyage du Tchad au Sénégal pour y participer. Les survivants ont livré des témoignages bouleversants sur la torture, les viols, l’esclavage sexuel, les massacres et les destructions de villages.
La Cour a notamment condamné Hissène Habré pour des crimes de violence sexuelles, dont le crime de viol et le celui d’esclavage sexuel pour avoir envoyé des femmes servir d’esclaves sexuels pour son armée.
La cour a également reconnu Hissène Habré coupable d’avoir lui-même violé Khadidja Hassan Zidane à quatre reprises. Les juges ont estimé que le témoignage de Hassan était crédible et corroboré par ce qu’elle avait raconté à ses codétenues.
« La condamnation d’un ancien président pour crimes sexuels envoie un message clair : aucun dirigeant – aussi puissant soit-il – n’est au-dessus de la loi ; et aucune fille ou femme n’est en-dessous » a déclaré Reed Brody.
Une deuxième série d’audiences se tiendra en juin ou juillet au sein des Chambres afin d’évaluer les dommages et intérêts à attribuer aux parties civiles et aux autres victimes.
Il semble possible que les avocats commis d’office à la défense de Hissène Habré puissent encore faire appel en son nom, même sans son consentement. Si un tel appel était déposé, une Chambre africaine extraordinaire d’Appel serait constituée pour l’examiner plus tard dans l’année.
Hissène Habré lors de la première phase de son procès à Dakar, en novembre 2015.
Le procès de Hissène Habré souligne aussi l’importance de la compétence universelle, a déclaré Human Rights Watch. Ce principe de droit international permet à des tribunaux nationaux de juger des crimes les plus graves même lorsqu’ils ont été commis à l’étranger, par un étranger, et contre des victimes étrangères.
En mars 2015, une cour criminelle tchadienne avait condamné 20 anciens agents de la police politique du gouvernement de Hissène Habré pour des faits de torture et de meurtre.
Le régime à parti unique de Habré a été marqué par des atrocités massives et généralisées, dont des vagues de répression ethnique. Les documents de la police politique de Habré, la Direction de la documentation et de la sécurité (DDS), retrouvés par Human Rights Watch en 2001, ont révélé les noms de 1 208 personnes exécutées ou décédées en détention, ainsi que de 12 321 victimes de violations des droits humains.
Les États-Unis et la France considéraient Habré comme un rempart contre la Libye de Mouammar Kadhafi, et l’ont donc soutenu durant tout son règne, malgré les preuves indiquant clairement que Habré commettait des abus contre son propre peuple. Sous la présidence de Ronald Reagan, les Etats-Unis apportèrent en secret, par le biais de la CIA, un soutien paramilitaire à Habré pour l’aider à prendre le pouvoir en 1982.
Habré avait été inculpé une première fois par un juge sénégalais en 2000, mais suite à des immixtions politiques, les tribunaux sénégalais ont statué qu’il ne pouvait pas être jugé au Sénégal. Les victimes avaient alors porté plainte en Belgique. En septembre 2005, après quatre années d’enquête, un juge belge avait alors inculpé Habré et demandé son extradition. Le Sénégal avait refusé d’extrader Habré en Belgique, et ignoré la demande de l’Union Africaine (UA) de juger Habré. La Belgique avait alors porté plainte contre le Sénégal devant la Cour Internationale de Justice (CIJ). Le 20 juillet 2012, la CIJ a ordonné au Sénégal de poursuivre Habré « sans autre délai » à défaut de l’extrader.
Après l’élection de Macky Sall à la présidence du Sénégal en avril 2012, le Sénégal et l’Union africaine ont signé un accord pour la création des Chambres africaines extraordinaires pour la tenue du procès au sein des juridictions sénégalaises, en vertu du principe de compétence universelle.
Les Chambres ont inculpé Habré en juillet 2013 et l’ont placé en détention provisoire. À l’issue d’une instruction de 19 mois, les juges ont conclu qu’il existait suffisamment de preuves pour que Habré soit jugé.
Suite au refus des avocats de Habré de se présenter à la barre, conformément à ses instructions, la Cour a nommé d’office trois avocats pour le représenter et a ajourné le procès pour 45 jours afin de leur donner le temps de préparer leur défense. Au premier jour de la reprise du procès, le 7 septembre 2015, Habré a été amené dans la salle contre sa volonté, criant et se débattant. Par la suite, il fut amené dans la salle au début de chaque journée d’audience, avant que les portes ne soient ouvertes au public.
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DANS LES MÉDIAS
Le Monde - L'ex-président tchadien Hissène Habré condamné à la prison à perpétuité
Le Monde - Hissène Habré, dix mois de procès pour huit ans de crimes
L’Express - "Le procès d'Hissène Habré peut servir de modèle pour juger d'autres tyrans"
Le Point - Procès Hissène Habré : retour sur les temps forts
Libération - Habré condamné à la perpétuité : un procès pour l'histoire, mais des parts d'ombre
DW - "Un procès exemplaire en Afrique" (interview de Reed Brody - audio)
“This is an enormous victory for Hissène Habré’s victims, who for 25 years never gave up fighting to bring him to justice” said Reed Brody, counsel at Human Rights Watch who has worked with the survivors since 1999. “This conviction is a wake-up call to tyrants everywhere that if they engage in atrocities they will never be out of the reach of their victims.”
The trial against Habré, who ruled Chad from 1982 to 1990, began on July 20, 2015. Habré does not recognize the chambers’ authority and sat silently throughout the trial.
A summary of the decision was read out in court by chief judge Gberdao Gustave Kam of Burkina Faso, who shared the bench with two senior Senegalese judges. The prosecutor had requested a life sentence.
The written decision will be distributed at a later date. Human Rights Watch has prepared an unofficial summary from notes taken in court.
ExpandSurvivors of Habré's atrocities walk to the court to hear the verdict, May 30, 2016
© 2016 Andrew Stroehlein / Human Rights WatchHabré fled to Senegal in 1990 after being deposed by the current Chadian president, Idriss Déby Itno. Although Habré was first arrested and indicted in Senegal in 2000, it took a long campaign by his victims before the Extraordinary African Chambers were inaugurated by Senegal and the African Union in February 2013 to prosecute international crimes committed in Chad during Habré’s rule.
“I have been waiting for this day since I walked out of prison more than 25 years ago,” said Souleymane Guengueng, who nearly died of mistreatment and disease in Habré’s prisons, and later founded the Association of Victims of Crimes of the Regime of Hissène Habré (AVCRHH). “Today I feel ten times bigger than Hissène Habré.”
Habré’s trial is the first in the world in which the courts of one country prosecuted the former ruler of another for alleged human rights crimes. Ninety-three witnesses testified at the trial, the majority travelling from Chad to be there. Survivors presented powerful testimony about torture, rape, sexual slavery, mass executions, and the destruction of entire villages.
Notably, the court convicted Habré of sexual crimes, including rape and the sexual slavery of women to serve his army.
The court also found Habré guilty of having raped Khadidja Hassan Zidane on four occasions. The court found Hassan’s testimony credible and supported by an account she gave at the time. It is the first time that an ex-dictator is found personally guilty of rape by an international court.
“Found guilty of sex crimes, including his rape of one woman, Hissène Habré’s conviction signals that no leader is above the law, and that no woman or girl is below it” said Reed Brody.
The chambers will hold a second set of hearings in June or July on damages for the civil parties and other victims.
It appears possible that Habre’s court-appointed lawyers could lodge an appeal without Habre’s consent. If an appeal is lodged, an Extraordinary African Appeals Chamber will be constituted to hear the appeal later this year.
Habre’s trial underscored the importance of universal jurisdiction, Human Rights Watch said. That principle under international law allows national courts to prosecute the most serious crimes even when committed abroad, by a foreigner, and against foreign victims.
In March 2015, a court in Chad convicted 20 top security agents of Habré’s government on torture and murder charges.
Habré’s one-party rule was marked by widespread atrocities, including waves of ethnic cleansing. Files of Habré’s political police, the Direction de la Documentation et de la Sécurité (DDS), which were recovered by Human Rights Watch in 2001, reveal the names of 1,208 people who were killed or died in detention, and 12,321 victims of human rights violations.
The United States and France viewed Habré as a bulwark against Libya’s Muammar Gaddafi, and so supported him throughout his rule despite clear evidence of his abuses against his own people. Under President Ronald Reagan, the US gave covert CIA paramilitary support to help Habré take power.
Habré was first indicted in Senegal in 2000, but after political interference, the country’s courts said that he could not be tried there, so his victims filed a case in Belgium. In September 2005, after four years of investigation, a Belgian judge indicted Habré and Belgium requested his extradition. Senegal refused to send Habré to Belgium, and spent the next three years stalling on a request from the African Union (AU) to prosecute Habré. Belgium then filed a case against Senegal at the International Court of Justice (ICJ). On July 20, 2012, that court ordered Senegal to prosecute Habré “without further delay” or to extradite him.
After Macky Sall’s election as president of Senegal in April 2012, Senegal and the AU agreed on a plan to create the Extraordinary African Chambers to conduct the trial within the Senegalese judicial system
The chambers indicted Habré in July 2013 and placed him in pretrial custody. After a 19-month investigation, judges of the chambers found that there was sufficient evidence for Habré to face trial.
After Habré’s lawyers, following his instructions, failed to appear at the opening of the trial in July 2015, the court appointed three Senegalese lawyers to defend him and adjourned for 45 days so they could prepare. The first day back, on September 7, Habré was brought in to the court against his will, kicking and screaming. After that, he was taken into the courtroom for each session before the doors to the public opened.
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