Category: Legal-Judicial

A report by U.N. human rights chief Michele Bachelet finds some progress has been made in the human rights situation in the Democratic Republic of Congo. However, the report finds extensive violations and abuses continue unabated in North Kivu and Ituri provinces. Bachelet is calling for a system of what the U.N. calls “transitional justice” to address the situation.

The report says the total number of human rights violations and abuses in eastern Congo dropped slightly during the period between June 1, 2020, and May 31, 2021, compared to the year before.

Despite this decrease, it says the number of people killed in summary and extrajudicial executions rose to more than 600. That includes nearly 400 people killed by a rebel group in Ituri province, and 236 people killed by members of the Congolese security and defense forces in the provinces of Ituri and North Kivu.

U.N. Deputy High Commissioner for Human Rights Nada Al-Nashif, who presented the report to the U.N. Human Rights Council this week, said violations by Congolese armed forces continue to pose serious concerns.

“These violations undermine efforts deployed to secure the east of the country,” she said. “I urge the government to take the necessary measures to ensure that military operations of the armed forces against armed groups are conducted in strict compliance with human rights and international humanitarian law, and that violations by any members of the security forces are investigated and prosecuted promptly in accordance with the right to fair trial standards.”

During the reporting period, Al-Nashif said, Congolese courts have convicted nearly 300 members of the DRC armed forces, Congolese national police as well as members of armed groups on various charges. Some were found guilty of crimes against humanity and war crimes.

She says it is critical that the DRC implement a system of transitional justice so perpetrators of violations and abuses continue to be prosecuted.

“As the High Commissioner has stated during previous sessions of the Human Rights Council, transitional justice is key to unblocking the vicious circle of violence that persists in the DRC,” Al-Nashif said. “The establishment of transitional justice mechanisms needs to effectively address impunity, guarantee access to justice and redress for victims, and ensure the implementation of guarantees of non-repetition.”

Transitional justice is a strategy, a way for countries emerging from conflict and repression to deal with human rights violations that are too large for a normal system of justice to tackle. It can include setting up special courts to prosecute gross human rights violations, reforming the existing justice system, or establishing a truth and reconciliation commission.

U.N. Human Rights spokeswoman Ravina Shamdasani told VOA that the U.N. cannot prescribe what form transitional justice should take in the DRC. This, she says, “depends on what the victims and civil society in the country demand.”

DRC Minister for Human Rights, Albert Fabrice Puela, says his government is determined to set up a National Commission for Transitional Justice and create a national reparation fund for victims of serious crimes.

Source: Voice of America

KADUNA STATE, NIGERIA — Auwal checked his two guns before another night of patrolling his village in Nigeria’s northwestern state of Kaduna.

“I have decided to arm myself with these guns to protect my family because the government has failed to keep us safe,” said Auwal, whose real name — like those of other volunteers and of the village itself — is not disclosed here for security reasons.

Auwal belongs to a volunteer youth patrol trying to protect the community from criminal gangs — so-called bandits — who swoop in on motorcycles to kidnap people, steal livestock and otherwise spread terror.

With abductions and violent attacks rampant in northern Nigeria, some civilians like Auwal have grown impatient with government security forces’ inability to protect them and have taken up arms themselves.

Kaduna state is at the epicenter of violence that has traumatized Nigeria, Africa’s most populous country. Kidnapping for ransom has surged, with Kaduna’s government reporting 1,723 people kidnapped in the first six months of 2021, compared with nearly 2,000 for the entire previous year. Many of the bandit attacks have been deadly, with at least 545 people killed from January through June.

Buhari’s pledge

The administration of President Muhammadu Buhari, elected in 2015 after campaigning to improve security, has faced criticism for the rising violence. In early September, Buhari ordered security agencies to step up their efforts to protect the public, especially in the besieged north.

Separately, several states — Kaduna, Sokoto, Zamfara and Katsina — in September began trying to curb bandit gangs by banning motorcycle use, limiting petrol sales and interrupting telecommunications service.

Meanwhile, some communities have become increasingly self-reliant. Aliyu, another young man in Auwal’s village, said rising insecurity compelled him to join the patrols, which sometimes get donations of weapons and money from elders and other neighbors.

“This has become necessary to keep our families safe,” Aliyu said. “Cattle rustlers and kidnappers have been terrorizing us. … They are killing us, too. We can’t fold our arms and allow this to continue.”

Nasiru Sani’s support for community patrols came after an attack on his family’s compound one night in December.

“Through the window, I saw six people with guns. They shouted, ‘… We are Boko Haram. We will kill you if you don’t open the door,’” Sani said. “They put their guns through my window and started firing into the room. I held one of the guns, but they overpowered me. They shot me several times.”

The 40-year-old spoke from the Kaduna hospital where he was treated in January for multiple gunshot wounds. While recovering, Sani also was trying to free his pregnant wife.

“They kidnapped my wife,” Sani said, “and demanded a ransom of 500,000 naira” — just over $1,200. “We raised the money and sent someone to deliver it. But they abducted the messenger, too, and asked for more money.”

Sani’s wife finally was released in late February, after he paid a total of 1 million naira, or more than $2,400. She gave birth to a son in March.

Risks of civilian patrols

When communities resort to armed civilian patrols, members often are risking their lives. In Kaduna state, bandits killed at least four vigilantes in Dande village in May and another five in Udawa community in September, according to local media reports. In neighboring Niger state, bandits killed 30 vigilantes in a single incident in June.

Sometimes, patrols suffer self-inflicted wounds.

Neighborhood patrols say they’ve been getting guns through back channels, especially after a 2019 federal ban on civilian gun ownership. But those weapons can be defective, as a man named Jafar explained. His homemade gun unexpectedly discharged during patrol, wounding his hand. Nonetheless, Jafar reasoned, “It’s better to sustain this injury than to be kidnapped from my house. Kidnappers may demand a ransom that I cannot afford.”

Armed civilian patrols have been accused of vigilante justice, including summary executions. In Niger state alone, at least 86 people were arbitrarily killed in the first four months of 2021, according to the Miyetti Allah Cattle Breeders Association of Nigeria, a group representing ethnic Fulani herders.

Security analysts have attributed most kidnapping attacks to young, nomadic Fulani men, fueling anti-Fulani sentiment that has exposed others to random attacks. Fatalities have been reported in other parts of the country, too.

The federal ban on civilian gun ownership is reinforced by Kaduna state law, said the state’s security commissioner, Samuel Aruwan. He said violators face prosecution.

“It is illegal to possess firearms without a license,” he said. “… There is no justification for individuals or citizens to take arms against fellow citizens. If you feel someone is threatening you, you should report to security agencies.”

Contrary view

In August, northern Katsina state’s Governor Aminu Bello called for civilians to arm themselves against so-called outlaws. But some security experts say arming civilians escalates problems.

“In certain instances, community leaders or militia leaders distribute weapons,” security expert Kabir Adamu told VOA’s Hausa Service. “The consequence … is it further drives the conflict.”

Source: Voice of America

Nigerian police have denied killing any members of a banned Shiite Muslim group during a gathering this week in the capital, Abuja.

The Islamic Movement of Nigeria said police on Tuesday shot and killed eight of its members as they marked the religious ritual of Arbaeen.

The Abuja police command denied the allegation in a statement Wednesday, saying operatives intervened during the Islamic Movement of Nigeria procession to prevent a breakdown of law and order.

The command said members of the IMN attacked security officers before officers shot tear gas into the air, arrested 57 of them, and seized petrol bombs and bags of stones.

An Abuja command spokesperson couldn’t be reached for a comment, but national police spokesperson Frank Mba backed the command’s statement on the matter.

Statement approved

“That statement is comprehensive enough, and it answers all questions. I am okay with that statement,” Mba said.

The IMN rejected claims by the police that its members attacked officers, however, and said it would file a lawsuit against authorities.

Spokesperson Abdullahi Muhammed Musa said it was IMN members who were attacked at the group’s procession to mark the religious ritual.

‘We have videos’

He said at least eight people were shot, while dozens of people scampering to safety were injured.

“Armed police and soldiers come out and attack unarmed, innocent citizens that are carrying out their religious activities, which is their constitutional right, but they’re denying that they didn’t kill anybody,” Musa said. “We have videos, we have people around that you can come and investigate.”

Muhammad Rufai was at the procession Tuesday. He said he heard gun\shots and saw bodies soon after.

“We saw these joint taskforce vehicles. I think they’re up to 20-something,” Rufai said. “They started shooting tear gas and bullets immediately, as at that time, I saw three persons that they shot down.”

The Shiite minority Muslim group in Nigeria has long complained of discrimination and repression.

IMN banned in 2019

Authorities banned the IMN in 2019 following violent clashes with security during protests to demand the release of their leader, Ibrahim Zakzaky.

Zakzaky and his wife had been detained since 2015 after a clash in which the army killed an estimated 350 Shiites.

In July, a Nigerian court acquitted the IMN leader of all criminal charges, and Zakzaky and his wife were released from prison.

Source: Voice of America

A Malawi Magistrate’s Court in the capital, Lilongwe, has sentenced a Chinese national, described by some as one of the biggest African wildlife trafficking kingpins, to 32 years in prison after convicting him on three wildlife crimes. The court, however, said the sentences will run concurrently for 14 years and then there is a plan to deport him. But the convict is looking to appeal the sentence.

Judge Justice Violet Chipao on Tuesday sentenced Lin Yunhua to 14 years in prison for trading in rhino horn, 14 years for possession of rhino horn and an additional six years for money laundering. Justice Chipao however said the sentences will run concurrently, meaning that Lin will serve a total of 14 years.

Lin, a Chinese national and the leader of wildlife trafficking syndicate Lin-Zhang gang — named after the husband-and-wife leaders — has been operating out of Malawi for at least a decade. Malawi’s authorities arrested him in August 2019 following a three-month manhunt.

Prosecution lawyer, Andy Kaonga says Lin would face another punishment after completing the sentence.

“Once he serves the sentence, our colleagues at the DPP [Director of Public Prosecution] office will probably take it to the minister of homeland security and then start the process of his deportation because the court has recommended that he should be deported from the country,” he said.

The sentencing of Lin brings the number of wildlife trafficking syndicate members sent to prison to 14. These include four Malawian and 10 Chinese nationals, including Lin’s wife currently serving an 11-year prison term. Lin’s daughter was also arrested in December 2020 for alleged money laundering offences. Her trial is ongoing.

Brighton Kumchedwa, Malawi’s director of the Department of National Parks & Wildlife, warned that the crackdown on members of the Lin-Zhang gang should send a message to other wildlife trafficking syndicates.

“We are now starting to deal with the sponsors, the king pins. My message to these syndicates is ‘they should watch out; Malawi is not a playing ground. We eventually will get to them. So, they better stop,” he said.

Kumchedwa says the crackdown is a result of new strategies the government put in place toward combating wildlife crimes.

“From 2015 thereabout we changed completely the game of handling wildlife crimes. So, we used [our] own intelligence combined with police intelligence. We also used sniffer dogs in the process. So, it’s different strategies that have seen us going this far,” he said.

Mary Rice is the executive director of the London-based Environmental Investigation Agency (EIA), an organization campaigning against environmental crimes and abuse. Speaking to VOA via a messaging app from London, Rice says the crackdown shows Malawi’s commitment to bring high-level wildlife criminals to justice,

“It was not an easy road. But the tenacity and resilience of the investigators, the lawyers and the judge who made some very, very interesting comments in the sentencing, they are all to be applauded for their work. We know there have been many, many obstacles along the way. So, I think it’s a great result,” she said.

Defense lawyer Chrispine Ndalama told VOA Tuesday his client is considering appealing against the sentence.

“Of course, over the phone, the client indicated that he would want to appeal but I will have to look at the judgment first, to see and understand the reasoning of the court so that I can advise my client properly as to whether we need to appeal or not,” he said.

Ndalama says he expected the court to give Lin a lesser sentence because he pleaded guilty to charges of possession of wildlife products.

The court has given the defense 30 days to appeal the sentence.

Source: Voice of America

Ugandan police have rearrested two opposition lawmakers on charges of treason just minutes after they were released on bail in another case in which they stand accused of murder. The National Unity Party lawmakers deny the charges, which they say are politically motivated.

Police spokesperson Fred Enanga in a statement said authorities were holding legislator Ssegirinya Muhammed on fresh charges.

Earlier Monday, upon his release, security personnel traveling at high speed pursued the vehicle that had picked up Ssegirinya from a prison in the Wakiso district. When it pulled over, they forcefully put him into their vehicle.

Enanga said they were holding Ssegirinya at the special Investigations division for further processing.

“We want to inform the public that Honorable Ssegirinya Muhammed has also been rearrested on fresh charges of treason and incitement to violence by the joint security task team of investigators,” said Enanga.

The other lawmaker, Allan Ssewanyana, was rearrested outside the prison gate minutes after his release on Friday evening.

The two legislators, both members of the National Unity Platform party, were arrested earlier this month.

They were accused of being involved in a recent spate of murders in Masaka district in central Uganda that left close to 30 people dead. Many of the dead were killed with machetes.

The state charged the lawmakers with three counts of murder and attempted murder. In their most recent court appearance, prosecutors told the judge they were still investigating the lawmakers and amended the charge to terrorism, aiding and abetting terrorism.

Shamim Malende, the lawyer for both legislators and from whose vehicle Ssegirinya was forcefully taken, said authorities keep changing the charges against the men with no valid evidence.

“When they speak of inciting violence in Uganda, when they speak of treason, when they speak terrorism, unlawful assembly, those are political cases in Uganda. I think there’s a problem. It is either fooling the nation or it is that they do not want to speak the truth. It’s now looking like persecuting the political opponents, people who belong to the National Unity party or are against government bad policies,” said Malende.

Joel Ssenyonyi, the National Unity Platform spokesperson, said the rearrest of the legislators is President Yoweri Museveni’s way of fulfilling his word when he said he would destroy the party led by musician-turned-politician Bobi Wine.

“You know these guys are bushmen. They were in the bush as rebels and that’s why they are behaving like bushmen, disregarding court orders. Court releases somebody on bail and you say no, we shall rearrest them as they get out of jail. And that’s what Mr. Museveni is doing,” said Ssenyonyi.

The legislators’ rearrest comes just days after the president clashed with Chief Justice Alphonse Owinyi Dollo over granting bail to capital offense suspects.

While the chief justice argued that bail was a constitutional right, Museveni argued that if anyone is arrested for murder, giving that person bail is a provocation and abominable.

Source: Voice of America

YAOUNDE – Five Cameroonian policemen have been arrested, on suspicion of torture, after a video was made public showing police officers torturing a detainee, according to a senior police officer.

Cameroon’s police chief, Martin Mbarga Nguele said, the five police officers were taken into custody and appeared before a judge over the alleged torture, which took place in the capital, Yaounde, last week.

The video, which went viral in the Central African nation on Wednesday, showed the policemen interrogating, assaulting and then severely beating the detainee, suspected of theft.

Nguele said in a statement, made public yesterday that, the treatment was “inhuman.”

“The measures applied (against the policemen) are only the continuity of the permanent action in progress, for a citizen police force, truly at the service of everyone because the daily act of the police officer must tend today, only towards the well-being of the citizen,” Nguele said in the statement.

“For more than a decade, the national security has embarked on the path of professionalism, modernisation and change of mentality and morality,” he added, while stressing that the population must also respect and collaborate with the police.

Source: NAM NEWS NETWORK

ABUJA, NIGERIA — Police in Nigeria say they have arrested three men in connection with the July abduction of more than 100 students in northern Kaduna state. Gunmen took the students from Bethel Baptist High School, part of a wave of kidnappings for ransom that have shaken communities across the north.

Nigerian national police spokesperson Frank Mba announced the arrests on Thursday as the three suspects were paraded before reporters in the capital, Abuja.

Mba didn’t disclose where the men were picked up, but said they are part of a larger 25-member gang that seized the 121 students on July 5.

About 100 of the students have since been freed, and police say operatives of Nigeria’s special tactical squad are in pursuit of other members of the gang.

One of the kidnappers told reporters he was paid about $40 for the operation. But Darlington Abdullahi, a security analyst and retired air force officer, says the kidnappings are far more lucrative.

“They’re forced to kidnap for survival, obtain ransoms,” he said. “Strangely enough, they have found out that they even make more money from the kidnapping.”

For the past year, armed gangs have been seizing students from schools in northwest and central Nigeria and squeezing thousands of dollars in ransom from their families.

About 1,200 students have been taken since December of last year. The mass kidnappings have led to sudden school closures across the affected states, mostly Kaduna, Niger, and Zamfara.

This month, Kaduna state authorities ordered the reopening of schools after shutting down for two months. Authorities promised more security at schools to prevent further attacks.But Abdullahi says he still has concerns.

“The kidnapping in parts of the north central, northwest and so on will continue until we’re able to adequately take care of the border areas through which they come in. … Zamfara, Katsina, Niger, that is the ones that come in through Benin republic,” he said.

Last month, bandits released more than 90 pupils abducted from an Islamic seminary in central Niger state after three months in captivity. The pupils are the youngest to be kidnapped by bandits in Nigeria.

Source: Voice of America