03 11 11 – HRW: Arrest Candidate Wanted for Mass Rape
(Kinshasa, November 2,
2011) – Authorities in the Democratic Republic of Congo should immediately
arrest an armed group leader running for political office who is wanted for
crimes against humanity, including mass rape, Human Rights Watch said today. A
Mai Mai militia leader, Ntabo Ntaberi Sheka, is running as a candidate for the
National Assembly in elections scheduled for November 28, 2011.
A Congolese arrest
warrant against Sheka for mass rape issued on January 6 has yet to be enforced.
“Congolese authorities
should be arresting Sheka for mass rape whether he is running for office or
not,” said Anneke Van Woudenberg, senior Africa researcher at Human Rights
Watch. “The failure to arrest someone who is out publicly campaigning for votes
sends a message that even the most egregious crimes will go unpunished.”
Sheka is the leader of a
militia known as the Mai Mai Sheka, which operates in remote Walikale territory,
North Kivu province, in eastern Congo. In July 2011, the United Nations
published a detailed report documenting the rapes of at least 387 civilians –
300 women, 23 men, 55 girls, and 9 boys – between July 30 and August 2, 2010, in
13 villages along the Kibua to Mpofi road in Walikale territory. The UN report
said the Mai Mai Sheka was among a coalition of three armed groups responsible
for the mass rape, and named Sheka individually as one of the leaders who
carried command responsibility.
The UN investigators
found that Sheka and two other armed group leaders were “well aware of the
planning and organization of this [military] operation, which was launched
against an entire civilian population, and that they shared the spoils of the
lootings at the end of the attacks.” It was one of the largest documented cases
of mass rape in eastern Congo in recent years.
The UN report also named
Capt. Serafin Lionso of the Democratic Forces for the Liberation of Rwanda
(FDLR), a largely Rwandan Hutu militia, and Lt. Col. Emmanuel Nsengiyumva,
commander of a small unit of Congolese army deserters, as bearing command
responsibility.
On October 6, 2010,
following a public outcry against the mass rape in the media, Sheka handed over
one of his commanders, Sadoke
Kikunda Mayele, to UN and Congolese army officials, possibly in an attempt to
shield himself from prosecution.
Congolese military
prosecutors, with the assistance of the UN, opened a judicial investigation
shortly after the attacks. Military authorities later issued eight arrest
warrants for crimes against humanity, including for sexual violence, and other
serious crimes, against Sheka, Mayele, two FDLR rebel commanders, including
Captain Lionso, and four Congolese army deserters. Nsengiyumva, one of the
alleged planners of the operation, was killed in a separate incident before an
arrest warrant could be issued for him. Apart from Mayele, no other arrests have
been made.
In July, Sheka traveled
to Goma, North Kivu, reportedly for medical treatment. Congolese judicial
officials, with the support of the UN peacekeeping mission, MONUSCO, attempted
to arrest him at the private residence of a Congolese army officer, where Sheka
was spending the night. But Sheka escaped, allegedly tipped off by Congolese
army personnel who had a close working relationship with him. Human Rights Watch
is not aware of any other attempts to arrest Sheka or any of his co-accused.
In late October,
Congolese authorities decided to move the case to trial even though only one of
the eight accused is in custody. Human Rights Watch considers trials in absentia to violate the rights of the
accused to conduct a meaningful legal defense as provided under international
law.
Human Rights Watch urged
Congolese authorities, in partnership with the UN peacekeeping mission and other
international entities, to ensure adequate protection for victims and witnesses
in the case. The July UN report noted that victims who had spoken to judicial
authorities had been subjected to threats and intimidation by militia members
alleged to have participated in the attack.
“If the Congolese
government is serious about ending sexual violence, then it needs to demonstrate
the political will to arrest those implicated in mass rape,” Van Woudenberg
said. “It’s a mockery of justice to start a trial before the principal suspects
are even in detention and while one of the accused is openly campaigning for
government office.”
In September, Sheka
registered as an independent candidate for the National Assembly in the Walikale
electoral district. When the official candidate list was published in October,
his name appeared as candidate number 18 on the list of 65 candidates
for two legislative seats in Walikale.
Congo’s electoral law
does not prohibit a person charged with a crime from running for office.
Electoral law disqualifies individuals for running for office if they have been
found guilty under a definitive judgment for serious crimes, including war
crimes, crimes against humanity, genocide, rape, torture, or assassination.
However, National Assembly members are granted immunity from criminal
prosecution, unless that immunity is lifted by a special committee of the
assembly.
Although the Congolese
government has made some attempts to arrest and prosecute combatants wanted for
rape and other atrocities, few have been senior officers or armed group leaders.
Similarly, Bosco Ntaganda, a general in the Congolese army wanted for war crimes
by the International Criminal Court, remains at large and has continued to order
attacks on civilians and commit other serious abuses. Ntaganda lives openly in
Goma and plays a leading role in military operations in eastern Congo.
“Sheka’s campaigning for
office despite a warrant for his arrest demonstrates the Congolese government’s
failure to act against those most responsible for sexual violence and other mass
atrocities,” Van Woudenberg said. “Candidates in the upcoming elections should
make firm commitments to end Congo’s culture of impunity.”
To
view the July 2011 United Nations report on the mass rapes in Walikale territory
committed in July-August 2010, please visit:
http://www.ohchr.org/Documents/Countries/ZR/BCNUDHRapportViolsMassifsKibuaMpofi_en.pdf
To
view the October 28, 2011 Human Rights Watch press release “DR Congo: Candidates
Should Not Incite Violence,” please visit:
http://www.hrw.org/news/2011/10/28/dr-congo-candidates-should-not-incite-violence
To
view Human Rights Watch work on Bosco Ntaganda, please
see:
· http://www.hrw.org/news/2009/02/02/dr-congo-arrest-bosco-ntaganda
For
more information, please contact:
In London, Anneke Van
Woudenberg (English, French): +44-207-713-2786; +44-77-11-66-4960 (mobile); or
woudena@hrw.org
In Kinshasa, Ida Sawyer
(English, French): +243-99-86-75-565, +243-81-33-78-478 (mobile); or sawyeri@hrw.org
Ida Sawyer
DR Congo Researcher and
Advocate
Human Rights
Watch
+243 (0)99 86 75 565 | +243 (0)81 33 78
478