/ 21 February 2011

Congo colonel gets 20 years after rape trial

A Congolese court sentenced an army colonel to 20 years in prison on Monday, convicting him of crimes against humanity in the highest-profile sexual violence case ever tried in this nation where thousands are brutally raped each year.

The mobile court held in the lakeside village of Baraka marks the first time a commanding officer has been tried for such a crime.

Prosecutors had sought the death penalty for Lieutenant Colonel Mutuare Daniel Kibibi (46) who was accused of ordering his troops to attack the village of Fizi on New Year’s Day where doctors later treated 62 women for rape. One woman testified that Kibibi himself raped her for 40 minutes.

As the defendants were being led away in handcuffs, hundreds of people jeered at them, booed and shook their fists. Some shouted, “Kibibi! You thought you could get away with this! Now you are going to jail!” and “You must pay for your crimes!”

Kibibi, who is married with eight children, was convicted of four counts of crimes against humanity but will serve no more than 20 years in prison. He denies all the charges and says the court testimony by his bodyguards was all part of a plot to denigrate him.

‘Valiant hero’
Kibibi’s lawyer Alfred Maisha described his client as a “valiant hero” who had served in the army since 1984 and had put his life at risk many times in the defense of the country. Maisha said many of the troops under Kibibi’s command were poorly trained and included former members of rebel and militia groups.

Witnesses said the soldiers had descended in a fury from their hilltop camp, smashing down doors and going from home to home, pillaging, beating and raping, from 7pm until 6am the following day. The 49 women who testified about the New Year’s Day attacks will receive up to $5 000 each in compensation from the government as part of the verdict handed down on Monday.

Unspecified other damages must be paid for the attackers for their “traumatism, humiliation, degradation of their health, social stigmatisation, risk of divorce, and possibility of HIV,” presiding judge Colonel Fredy Mukendi ordered.

Rape has long been used as a brutal weapon of war in eastern DRC, where soldiers and various militia groups use sexual violence to intimidate, punish and control the population. At least 8 300 rapes were committed in 2009, and aid workers say the victims have even included a month-old baby boy and elderly women.

The mobile court of military judges and pro bono lawyers was paid for by George Soros’ Open Society Initiative and aided by several agencies including the American Bar Association, Lawyers Without Borders and the United Nations Mission to Congo.

Wild beasts
Activists said they hoped it would serve as a warning to others who are brutally attacking civilians with impunity.

“Unquestionably, Lieutenant Colonel Kibibi and his soldiers are more than a little stunned to find themselves on trial before this groundbreaking domestic mobile court. If word about the court is spread around the country, it could have an enormous impact on deterring future crimes, now that the rule of law is finally being enforced domestically, to at least some extent,” said Kelly D Askin of Open Society Justice Initiative.

Three of Kibibi’s officers received the same sentences, and five others got lesser sentences. One man was acquitted and another, a minor, will be tried in juvenile court.

Military prosecutor Colonel Laurent Mutata Luaba had demanded death sentences for the five officers accused and 20-year sentences for the rank-and-file. He said the men had “behaved like wild beasts”, terrorising and attacking the defenseless civilians they had orders to protect.

Many complained that the sentences handed down on Monday were not harsh enough.

“We are happy that this trial has been held, but we are not happy with the result,” said Oscar Muzaliwa (26). “The sentences are too low. [They] should be put to death for what they did.”

The total number of victims from the New Year’s Day rapes will never be known. The women who testified in court were identified as Female 1 to Female 49, amid fears for their security and efforts to lessen the strong social stigma associated with rape in the DRC.

‘No peace’
The other victims would not testify, fearful of being shunned by their husbands and community, or of reprisals by the military.

The horrors recounted mounted up over four days of testimony by the women, their physical and emotional pain almost tangible, hanging in the heavy, humid air. Some spoke so softly it was hard to hear them over the sniffling and simpers of babies being nursed by half the victims.

One mother of six threw herself to her knees and raised her arms to heaven crying to God, and the military judges, for peace.

A lawyer recounted their statements in an open court where hundreds of people, mainly men and boys, gathered under a burning sun.

The 11 men brought to trial were the only ones identified by victims, but there were more than 100 soldiers at the Fizi camp on New Year’s Day and many remain in the area.

“We are very fearful,” one woman said as she nursed her baby. “Most of the rapists are still right here in our village. If we go to the river for water, we get raped; if we go to the fields for food, we get raped; if we go to the market to sell our goods, we get raped. Our lives are filled with danger. There is no peace.”