Special Criminal Court of Central African Republic’s First Public Hearing – A Step Towards Justice for Victims of Human Rights Abuses

GHRTV Reporter

Feb 18, 2022 - 13:44

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Special Criminal Court of Central African Republic’s First Public Hearing – A Step Towards Justice for Victims of Human Rights Abuses

Photo by David Peterson via Pixabay

17-02-2022

Clea Strydom

International Justice and Human Rights Researcher,

Global Human Rights Defence.

On December 17th, 2021 the Special Prosecution Chamber of the Special Criminal Court (SCC) of the Central African Republic held its first public hearing, concerning sending its first case to trial. The case concerns the alleged war crimes and crimes against humanity committed by Sallet Adoum, Yaouba Ousman, and Mahamat Tahir in May 2019 in Central African Republic. While this is a positive step forward, as pointed out by Elise Keppler, associate international justice director at HRW “Central Africans have waited so long to see justice for the many killings, rapes, and other atrocities committed in the Central African Republic. The Special Criminal Court holds promise but it’s had a slow start and needs to intensify investigations so trials can be initiated based on strong, compelling evidence (HRW, 2019).”

The Central African Republic gained independence on August 13th, 1960 after which the country was marred by authoritarian rule and inter-ethnic and religious conflicts. After a decade of intermittent conflicts, the Central African Republic spiralled into full-blown violence, with armed groups - Seleka and anti-Balaka - committing serious human rights violations including murder, rape. While there is an International Criminal Court investigation underway it was believed to be necessary to establish a court within the Central African Republic to address more than a decade of serious crimes and help strengthen the justice system. On June 2th, 2017 the SCC of the Central African Republic was officially launched with the swearing-in of the first six magistrates but had to wait to start investigations until the country’s parliament adopted its rules of procedure evidence in May 2018. The SCC is a hybrid tribunal integrated into the Central African Republic justice system, meaning it will apply international and Central African Republic law while employing a mix of national and international staff. The SCC has the authority to try grave crimes committed during the country's armed conflict since 2003.

The three accused in the first public hearing held in December 2021 are members of an armed group, believed to be responsible for the massacres that caused the death of around thirty people in May 2019 in the villages of Koundjili and Lemouna. After hearing arguments from civil society, the prosecutor, and the defence, the Special Prosecution Chamber held that there was sufficient evidence that the accused could be charged with individual criminal responsibility for war crimes and crimes against humanity, including murder and other inhumane acts. The case has been referred to the Court of Assizes and the trial date for the three accused will be announced at a later date. However, on February 2nd, 2022, two new international judges were sworn in at the Appeals Chamber of the SCC - Judges Olivier Beauvallet and Volker Nerlich, respectively of French and German nationality - who have national and international law skills and experience to contribute significantly to the SCC’s activities.

Further readings and source

Cour Penale Speciale de la Republique Centrafricaine (February 2, 2022). Communique de Presse Relatif a la Decision de la Chambre d'accusation dans l'Affaire des Tueries de Koundjili et Lemouna. https://cps-rca.cf/actualites/COMMUNIQUE-DE-PRESSE-RELATIF-A-LA-DECISION-DE-LA-CHAMBRE-D-ACCUSATION-DANS-L-AFFAIRE-DES-TUERIES-DE-KOUNDJILI-ET-LEMOUNA/100/