FARDC AND MAI MAI CONVICTED OF HUMAN RIGHTS ABUSES

UNCLAS KINSHASA 000546 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PHUM PREL PGOV KJUS KWMN CG SUBJECT: FARDC AND MAI MAI CONVICTED OF HUMAN RIGHTS ABUSES ¶1. (SBU) Summary: Two recent trials in the DRC produced convictions of FARDC soldiers and Mai Mai rebels for human rights abuses. Congolese armed forces (FARDC) military tribunals conducted the trials, which were held in Walikale (North Kivu) and Lieke Lesole (Orientale). The prosecution team in Lieke Lesole included FARDC military justice personnel who received USG-funded sex crimes investigation training in 2008. End Summary. ¶2. (SBU) On April 28, the Goma Military Tribunal in Walikale pronounced guilty verdicts against 20 FARDC soldiers for human rights abuses. The sentences ranged from 15 years in prison to the death penalty for crimes against humanity, rape, and armed robbery. ¶3. (U) On June 3, the Kisangani Military Tribunal, holding court in Lieke Lesole village (Orientale),found five Mai Mai members guilty for their involvement in the 2007 mass rapes in Lieke Lesole. All five defendants (one at-large defendant was convicted in absentia) were found guilty of crimes against humanity and rape. The guilty included Colonel Thomas, the commander who ordered the atrocity. Four of the five, including Colonel Thomas, received sentences of life in prison. The fifth Mai Mai soldier, Okanga Likunda, alias Musique, received a sentence of 30 years in prison. The tribunal also ruled that the defendants pay $10,000 to each of the 135 rape victims and $2,500 to each of the unspecified number of assault and battery victims. ¶4. (SBU) Several of the FARDC military justice personnel participating in the Lieke Lesole prosecution received USG-funded sex crimes investigation training from DIILS (Defense Institute for International Legal Studies) training teams in 2008. The DIILS trained FARDC personnel include four military magistrates (one of which was president of the tribunal),a judge, and a military police inspector. ¶5. (SBU) MONUC provided significant logistical, transport, and technical support for both the investigation and trial phases of the Goma and Kisangani Military Tribunals. MONUC human rights officials also monitored both trials for adherence to international standards. ¶6. (SBU) Comment: The convictions represent a step forward in the fight against impunity in the DRC. The successful involvement of DIILS trained personnel is encouraging, particularly as SRSG Alan Doss described the impartial proceedings as "another step in the right direction." The trials occurred largely because of MONUC support and pressure on the GDRC from civil society. The vast majority of human rights violations are never prosecuted or brought to trial. End Comment. HAYKIN