DARFUR - PRECEDENT-SETTING CASES OF RAPE PROSECUTION

UNCLAS SECTION 01 OF 03 KHARTOUM 002367 SIPDIS AIDAC SIPDIS SENSITIVE STATE FOR AF/SPG, PRM, AND ALSO PASS USAID/W USAID FOR DCHA SUDAN TEAM, AFR/SP NAIROBI FOR USAID/DCHA/OFDA, USAID/REDSO, AND FAS GENEVA FOR NKYLOH NAIROBI FOR SFO NSC FOR JBRAUSE, NSC/AFRICA FOR TSHORTLEY USUN FOR TMALY BRUSSELS FOR PLERNER E.O. 12958: N/A TAGS: EAID PREF PGOV PHUM SOCI SU AU SUBJECT: DARFUR - PRECEDENT-SETTING CASES OF RAPE PROSECUTION REF: A) Khartoum 0097, B) Khartoum 1422, C) Khartoum 1350, D) Khartoum 1912 KHARTOUM 00002367 001.2 OF 003 -------------- Summary and Comment -------------- ¶1. (SBU) In the last five months, USAID's Office of Transition Initiatives (USAID/OTI) grantees assisted in prosecuting several potentially precedent-setting cases of rape in Darfur. The cases had positive outcomes; however, USAID cautions that these cases may represent anomalies, rather than a decisive trend. Moreover, they could be attempts to distract the international community's attention from the Sudanese justice system's otherwise pitiful track record in investigating and prosecuting cases of rape and other forms of sexual and gender-based violence. End Summary. -------------- Background -------------- ¶2. (SBU) USAID has previously documented that legal redress for cases of sexual or gender-based violence in Darfur is complicated by legal and medical procedures, which are often unsatisfactorily completed or disregarded (Ref A). This trend continues. For example, police refuse to investigate some rape cases; state prosecutors refuse to prosecute cases; the form medical personnel complete after conducting a medical exam on a rape victim, "form 8", is regularly unavailable at police stations; and court hearings are repeatedly adjourned due to absence of the defendant or the victim, who may not have been informed of the date of the hearing. ¶3. (SBU) In contrast to the difficulty of prosecuting rape cases, the Attorney General of Nyala has filed a case against the Amel Centre for providing legal representation to IDPs detained in May after the anti-Darfur Peace Agreement (DPA) protests in Otash camp. Located in Nyala, the Amel Centre is a member of the Legal Aid Network, which is supported by the UN Development Program (UNDP) and USAID/OTI; the network has members in all three Darfur states. According to a press release published by the Sudanese Organization Against Torture (SOAT),the Attorney General of Nyala is currently compiling evidence for a case against the Amel Centre, accusing it of "offences against the state," "spreading false information," and of being "a threat to national security." Reportedly, this case is related to the legal assistance the Amel Centre has provided to Otash internally displaced persons (IDP) camp residents. -------------- Precedent-Setting Cases of Rape -------------- ¶4. (U) Per Ref B, the El Geneina General Court in West Darfur sentenced a central reserve police officer to three years imprisonment and 100 lashes for the rape of a 10 year old girl on May 3, 2006. The Legal Aid Network of West Darfur provided legal representation and subsidized transportation costs for the victim, contributing to the successful prosecution of this case. ¶5. (U) On August 6, the Special Court of Nyala convicted and sentenced a member of an Arab militia to five years imprisonment and 100 lashes with a whip for raping a 26- year old Massalit woman from Duma IDP camp on June 20. In addition, the defendant was sentenced to three years imprisonment for possessing a firearm without a license. ¶6. (SBU) According to USAID, the following factors assisted in ensuring justice was served in the Nyala case mentioned above: -- Close coordination between the UN Mission in Sudan Human Rights Unit (UNMIS-HR) and the lawyers of Amel Centre: UNMIS-HR conducted an initial investigation of the rape, after which it referred the case to an experienced lawyer from the USAID/OTI-funded Amel Centre; -- Evidence: There were eight police witnesses who were dispatched to the scene of the crime after a young boy initially reported it. A legal adviser, who was trained previously by the Amel Centre in human rights, facilitated the testimony of the witnesses during the trial. In addition, during the police investigation of the case, the perpetrator confessed to committing the crime; KHARTOUM 00002367 002.2 OF 003 -- Training of key medical and legal personnel: An experienced medical assistant, previously trained by World Vision, diagnosed the rape and was able to document it adequately. -- Subsidization of transport costs by the Amel Centre: Without financial assistance, the police witnesses, the IDP woman, nor the medical assistant could have afforded travel expenses or other costs required to prosecute the case; and --Speed of trial: In less than six weeks, the hearing was held and the accused sentenced. ¶7. (SBU) A case that occurred in El Fasher, North Darfur, is worth mentioning as well. On July 10, the General Court convicted and sentenced a policeman to four years imprisonment for the rape of a mentally-ill 26 year old Zaghawa woman in Golo. Several unique circumstances in this case contributed to the successful prosecution of the perpetrator. The factors include: -- The victim's brother was a policeman, which allegedly influenced the dismissal of the perpetrator from the police force. After the police force dismissed the defendant, the case was able to be prosecuted because the defendant no longer held immunity. (Comment: USAID notes that this indicates that police officers can be prosecuted if there is political will. End comment.); -- The prosecution's lawyer had evidence against the defendant, including a series of notes taken during a mediation session between the victim and the perpetrator prior to the trial. Additionally, the case was strengthened by the testimony of the four male police officers who witnessed the rape. The victim's police officer brother facilitated the other police witnesses' testimonies in court; and -- The perpetrator was given a prison sentence of four years, considered to be lengthy in Darfur. However, by international standards, a four-year sentence for the rape of 10-year old girl is a light punishment, although the sentence also included 100 lashes, which is a typical punishment under Sharia law. According to the prosecuting attorney, procedural law in this case prescribed no minimum sentence and allowed for a maximum sentence of 10 years. -------------- Other Legal Initiatives -------------- ¶8. (U) USAID/OTI funds three complementary grants to UNMIS-HR and the UNDP, through the U.S. Secretary of State's Initiative to Combat Violence Against Women. These grants, as well as the UNDP-supported Justice and Confidence Center operated by the International Rescue Committee, have contributed to the success of the recent cases. ¶9. (U) In late May, the UN Children's Fund (UNICEF) conducted a three-day training of 39 police officers on preventing and responding to sexual and gender-based violence in Nyala. This is the first training to focus specifically on sexual and gender-based violence. Previous training of law enforcement officials focused more broadly on human rights training for law-enforcement, judiciary, and security officials. ¶10. (U) UNICEF and the Sudanese government police force have initiated a new collaborative effort to develop women and child protection units across Sudan. The program aims to manage cases of violence against children, exploitation, abuse, and gender-based violence. UNICEF and the Sudanese government police plan to establish units in each police zone in Khartoum, South Darfur, Southern Kordofan, Blue Nile, and Kassala states. Billel Police Station near Kalma camp (Ref D) and Mershing Police Station in northern South Darfur are scheduled to be among the first operational units. ¶11. (U) UNDP will lead a comprehensive training program to build the capacity of AMIS to carry out its protection mandate in Darfur. The training program covers topics such as Sudanese legal frameworks, principles in managing IDP camps, child protection, child rights, gender-based violence, codes of conduct, cultural values, and benchmarks for voluntary return. (Comment: USAID notes that the six-month rotations of AMIS troops will require retraining of incoming contingents. End comment.) -------------- KHARTOUM 00002367 003.2 OF 003 Lessons Learned -------------- ¶12. (SBU) The rape cases described above demonstrate the importance of quality legal representation, funding to transport witnesses, training of key legal and medical personnel, and close coordination between medical staff, human rights officers, lawyers, and paralegals. Future UNDP and Legal Aid Network efforts should broaden the availability of services to rural areas through mobile legal clinics, as most legal services are only available in urban areas. USAID will continue to monitor the conduct in future cases and advocate for expansion of programs in this direction. HUME