Sudan: Mass Rape by Army in Darfur

UN, AU Should Press for Protection, International Investigation

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   Special Prosecutor for Crimes in Darfur Yasir Ahmed Mohamed (R) and his team talk to women during an investigation into allegations of mass rape in the village of Tabit, in North Darfur, November 20.

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  Sudanese Army Attacks against Civilians in Tabit

The deliberate attack on Tabit and the mass rape of the town’s women and girls is a new low in the catalog of atrocities in Darfur. The Sudanese government should stop the denials and immediately give peacekeepers and international investigators access to Tabit.

Daniel Bekele, Africa director

(New York) – Sudanese army forces raped more than 200 women and girls in an organized attack on the north Darfur town of Tabit in October 2014, Human Rights Watch said in a report released today. The United Nations (UN) and African Union (AU) should take urgent steps to protect civilians in the town from further abuses.

The 48-page report, “Mass Rape in Darfur: Sudanese Army Attacks Against Civilians in Tabit,” documents Sudanese army attacks in which at least 221 women and girls were raped in Tabit over 36 hours beginning on October 30, 2014. The mass rapes would amount to crimes against humanity if found to be part of a widespread or systematic attack on the civilian population.

“The deliberate attack on Tabit and the mass rape of the town’s women and girls is a new low in the catalog of atrocities in Darfur,” said Daniel Bekele, Africa director at Human Rights Watch. “The Sudanese government should stop the denials and immediately give peacekeepers and international investigators access to Tabit.”

Allegations of mass rape first surfaced in a November 2 report by Radio Dabanga, a Netherlands-based station. Sudan denied the report and refused peacekeepers access to the town. On November 9, it gave the peacekeepers brief access, but security forces prevented them from carrying out a credible investigation, Human Rights Watch said.

In November and December 2014, Human Rights Watch spoke to over 50 residents and former residents of Tabit by telephone due to access restrictions. Others interviewed included local human rights monitors, government officials, and staff of the AU-UN Hybrid Mission in Darfur (UNAMID). Despite the lack of access, Human Rights Watch was able to cross-reference and verify many individual cases and allegations.

Sudanese army forces carried out three distinct military operations during which soldiers went house-to-house and looted property, arrested men, beat residents, and raped women and girls inside their homes. Human Rights Watch documented 27 separate incidents of rape, and obtained credible information about an additional 194 cases. Two army defectors separately told Human Rights Watch that their superior officers had ordered them to “rape women.”

Tabit is largely ethnic Fur and has been under the control of rebel armed groups in recent years. Human Rights Watch found no evidence that rebel fighters were in or near Tabit at the time of the attacks.

A woman in her 40s described the attack on her and her three daughters, two of whom were under the age of 11. “Immediately after they entered the room they said: ‘You killed our man. We are going to show you true hell,’” she said. “Then they started beating us. They raped my three daughters and me. Some of them were holding the girl down while another one was raping her. They did it one by one.”

Another woman said that soldiers beat her severely and dragged her out of her house. When she returned, she found that they had raped three of her daughters, all under 15. The soldiers “beat the young children and they raped my older daughters.… They put clothes in [my daughters’] mouths so that you could not hear the screaming,” she said.

On two nights, witnesses said, soldiers forced large groups of men to the outskirts of Tabit, leaving the women and children vulnerable to attacks in their homes. The soldiers threatened and beat the men throughout the night.

Since the attacks, the Sudanese government has blocked UN investigators from entering the town to try to prevent victims and witnesses from sharing information about the crimes. Multiple victims and witnesses reported that government officials threatened to imprison or kill anyone who spoke out about the attacks.

Authorities have also detained and tortured residents of Tabit for speaking about what took place. One man, who was overheard talking to a relative and taken to a military intelligence prison, told Human Rights Watch: “They said if I talked about Tabit again that I was going to be finished.… They kicked me. Tied me and hanged me up. They beat me with whips and electric wires.”

Authorities have also prevented free movement in and out of the town. One Tabit resident told Human Rights Watch that since the attacks, people have been “living in an open prison.”

The attacks on Tabit occurred in a wider context of a rise in government attacks on civilians, Human Rights Watch said. A newly created government force, the Rapid Support Forces (RSF), consisting largely of former militias, led a spate of attacks on villages in 2014. In January 2015, the UN Panel of Experts on Sudan reported that over 3,000 villages were burned in Darfur in 2014, predominantly in government-led attacks. The UN Office for the Coordination of Humanitarian Affairs reported that almost half-a-million people were displaced by attacks in 2014, and 70,000 in the first three weeks of 2015.

Sexual violence has featured prominently in recent attacks on civilians by Sudanese forces not only in Tabit but elsewhere in Sudan, Human Rights Watch said. In November 2014, Human Rights Watch documented widespread sexual violence, often by the RSF, against communities with perceived links to rebels in Blue Nile state. Human Rights Watch has also learned of many other accounts of sexual violence by the same forces in Darfur in 2014.

The UN and AU should both press Sudan to allow peacekeepers unfettered access to Tabit and to ensure that medical services are available to all those in need. The UN Office of the High Commissioner for Human Rights should create a team with expertise in sexual and gender-based violence to conduct an investigation into alleged abuses in Tabit, and the AU should support this effort by providing investigators with expertise in sexual and gender-based crimes.

Human Rights Watch also urged the International Criminal Court (ICC) to investigate the incident to the extent possible. The ICC has charges pending against five people, including President Omar al-Bashir, for war crimes, crimes against humanity, and genocide in connection with atrocities in Darfur, but Sudan has refused to cooperate with the ICC and has obstructed its work. The ICC prosecutor told the UN Security Council in December 2014 that she needed substantially more support from the council to address Sudan’s lack of cooperation with the court. The council referred Darfur to the ICC in 2005.

“Sudan has done everything possible to cover up the horrific crimes committed by its soldiers in Tabit, but the survivors have fearlessly chosen to speak out,” Bekele said. “The UN Security Council and the AU should demand that Sudan stop these attacks, urgently act to protect Tabit’s residents, and conduct a credible investigation.”
source:  http://www.hrw.org

Solo Bojang Illegally Kept For 277 Days

Lt. Col. Solo Bojang also tastes Jammeh’s height of arrogance!

Lt. Col. Solo Bojang has so far spent 277 days in illegal detention. Bojang remains detained at the National Intelligence Agency (NIA) detention centre in Tanjai since his acquires and discharged by the Brikama Magistrates’ Court on 12 May 2014, Kairo News investigation reveals.
The erstwhile Commander of the State Guards in Kanilai and the former Manager of the Kanilai Family Farms remains incommunicado.
Mr. Bojang’s family lacks knowledge about his whereabouts. The family has been desperately searching for answers about the reasons for his illegal detention.
Lt. Col. Bojang was acquitted on three of the four counts [abuse of office, supplying false information, conspiracy and theft] slapped on him. He was convicted on supplying false information and fined D50, 000.
Mr. Bojang’s family has since paid the fine but their loved one remains in state custody. 
Solo Bojang’s family last saw him in court on May 12 last year. He was whisked away by plainclothes officers soon after the court acquitted and disthged him. Solo Bojang has since not returned home.  
Mr. Bojang’s case has once again proven the Jammeh government’s entrenched culture of disrespect for the Rule of Law, Justice Deliver and the Judiciary.
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Insurgency In Nigeria: The Legal Challenge By Femi Falana

Introduction: A former American Ambassador, Mr. John Campbell, has predicted that the Nigeria would not survive the 2015 General Election on account of unprecedented political violence . Not a few other analysts have also foretold that the insurgency raging in the north east region would lead to the balkanization of the nation.

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Introduction: A former American Ambassador, Mr. John Campbell, has predicted that the Nigeria would not survive the 2015 General Election on account of unprecedented political violence . Not a few other analysts have also foretold that the insurgency raging in the north east region would lead to the balkanization of the nation. I am however convinced that the predictions of disintegration of the Republic will not come to pass because of the resolve of imperialism and its local lackeys to keep Nigeria together to facilitate the reckless exploitation of her abundant resources. Femi Falana Femi Falana

The security challenges facing the nation include armed robbery, kidnapping, human trafficking, terrorism etc. In spite of official assurances from the managers of the neo-colonial State to guarantee law and order it is indisputable that the territorial integrity of the nation has never faced a greater  threat than now since 1914.  In examining the topic of our discourse  we shall review the genesis of the menace of terrorism and its threat to the corporate existence of the nation. We shall conclude by submitting that insurgency cannot be defeated without separating religion from the State and without addressing the crises of poverty, illiteracy and youth unemployment in the country.
The Genesis of Terrorism
It is pertinent to recall that the Ibrahim Babangida and Sani Abacha juntas were associated with terrorist attacks of political opponents through state-sponsored bombing, assassination and arson. The late Chief Gani Fawehinmi SAN was almost killed in 1987 for demanding for the prosecution of the  terrorists who killed  a prominent journalist, Dele Giwa by a parcel bomb. The era equally witnessed the mock trial and execution of military officers who were implicated in phantom coups. Cultist groups were funded on the campuses to deal with radical lecturers and students. Upon the restoration of civil rule in 1999 the official terrorists were neither prosecuted nor disarmed!
The official manipulation of religion which commenced under the Babangida junta has continued unabated. Indeed, it is the root cause of terrorism in the country. Whereas it is stipulated in section 10 of the Constitution that the State shall not adopt any official religion the Federal, State and local governments have adopted the Islamic and Christian religions. In 1986, General Ibrahim Babangida surreptitiously registered Nigeria as a member of the Organisation of Islamic Cooperation. As if that was not enough, he built a mosque in the Presidential villa and appointed an Imam to man it. Similarly, President Obasanjo  erected a chapel in the villa and appointed  a chaplain to manage it.
On January 27, 2000 the Sharia Law was introduced in  Zamfara state by Governor Sani Yerima. Not less than 15 other governors in the North followed suit. Although the action constituted a clear violation of section 10 of the Constitution it was a political move designed to win votes in a Muslim dominated region. The Olusegun Obasanjo Administration decided not to approach the court to test the constitutional validity of the policy so as not to lose the votes in the North in the 2003 general election. Believing that Nigeria had become an Islamic state many misguided persons set up private militias to promote the policy of the state governments. There were  violent  attacks on Christians while churches were destroyed in many states in the north.  Thousands of people were massacred in ethno-religious clashes.
In 2011, the Goodluck Jonathan Administration set up a Panel of Inquiry headed by Ambassador Usman Galtimari to investigate the insurgency in the north east region. In a painstaking investigation the Panel traced the genesis of Boko Haram and other private militias  to politicians who set them up in the run-up to the 2003 general elections. According to the Committee:
"The militias were allegedly armed and used extensively as political thugs. After the elections and having achieved their primary purpose, the politicians left the militias to their fate since they could no longer continue funding and keeping them employed. With no visible means of sustenance, some of the militias gravitated toward religious extremism, the type by Mohammed Yussuf...
The roots of terrorism, especially in Borno, Gombe, Yobe and Bauchi States, could be traced to groups or associations such as ‘ECOMOG’, ‘Yan Kalare’ and ‘Sara Suka’ which have links to prominent politicians in these States. However, similar to the militant groups in the Niger Delta area, the groups usually grow out of control and become a threat to the politicians that supported and financed them.”
In line with its terms of reference the Committee recommended that the politicians who “sponsored, funded and used the militia groups that later metamorphosed into Boko Haram" be brought to justice. Although the recommendation was accepted in May 2012 by the Federal Government  the suspects have been treated like sacred cows as they are said to be highly connected to the powers that be. Recently, a former Borno State governor, Alhaji Modu Ali Sheriff was named as one of the sponsors of the Boko Haram sect by a Reverend  Stephen Davies, the negotiator recruited by the Federal Government to dialogue with the terrorists. In his reaction to the disclosure the ex-governor threatened to sue Rev. Davies for defamation in Australia .
Unlike the negotiator whose indictment was not substantiated I issued a press statement wherein I provided detailed evidence of Alhaji Sheriff's  links with the dreaded Boko Haram sect. In particular, I stated that the ex-governor appointed Alhaji Buji Foi, a leading Boko Haram member, as the Borno State Commissioner for Religious Affairs to compensate the sect for supporting his re-election in 2003. My press statement was supported by the Maiduguri branch of the Nigerian Bar Association which  threatened to drag the ex-governor to the Special Prosecutor of the International Criminal Court.
As the Federal Government was disturbed by the revelations of Rev. Davies the State Security Service  announced that the ex-governor was under investigation for his alleged links with the Boko Haram sect . But  a few days later, the suspect  was a member of the delegation of the Federal Government to Chad when President Jonathan  met with his Chadian counterpart, Mr. Idriss Derby to review  the war on terror in the north east region.
Insurgency and the threat to National Security
Notwithstanding the sacrifice of the ill-equipped members of the armed forces the Boko Haram sect appears to have gained upper hand in the war on terror. Large towns like Bama, Gwoza, Mubi and Michika and hundreds of villages have been captured by the terrorists. Hundreds of thousands of people have been displaced while not less than 13,000 have been killed by the criminal gang. Not less than 16 local governments in Borno, Yobe and Adamawa States have been annexed while the combined land mass of the occupied areas is said to be 21,545 square kilometers of territory. The terrorists have hoisted their flags in the occupied territory which has been named the "Caliphate Republic".
Out of the 276 girls abducted from the Government College in Chibok, Borno State, six months ago, 57 escaped while 219 remain captive. More women and school girls have been kidnapped by the sect. For instance, 60 women were abducted when the sect members invaded Waga Mangoro and Garba villages in Adamawa State last month. (See Punch, October 22, 2014). When Mubi in Adamawa State was attacked about 350 children were declared missing. (Leadership, November 2, 2014). Bomb attacks launched by the sect have killed hundreds of people in Niger, Bauchi, Gombe, Kano, Kaduna, Nassarawa, Plateau States and the Federal Capital Territory.
But despite the increasing deadly attacks of the sect the National Assembly has not deemed it fit to hold a special joint sitting on the threat to the corporate existence of the nation. On its own part,  the Council of State which met in Abuja on November 4, 2014 commended President Jonathan’s handling of the war on terror. According to Governor Godswill Akpabio of Akwa Ibom State “Council was satisfied that the Defence Ministry and all the other agencies have taken the right steps and the President is on course and we are very hopeful that sooner or later Nigerians will hear good news.” (Premium Times November 5, 2014).
Meanwhile, the genuine demand of the members of the armed forces for equipment and payment of salaries and operational allowances is considered treasonable by the military authorities.  Twelve out of the soldiers who took part in the protest against the General Officer Commanding have been tried for mutiny and sentenced to death. Scores of others are currently undergoing trial for mutiny before courts-martial. The concerned wives of soldiers who decried the deployment of their husbands on suicidal missions have been threatened with ejection from military barracks by the Chief of Army Staff.
The Legal Challenge
The arrogance of the ruling class enshrined in section 2 of the Constitution to the effect that Nigeria is "one indivisible and indissoluble sovereign state" has been exposed to ridicule by the terrorists. However, in exercise of his powers under section 305 of the Constitution President Goodluck Jonathan imposed a state of emergency on Adamawa, Borno and Yobe State to restore law and order in the north east region. The implication of emergency rule is that the fundamental rights of privacy of homes and correspondence, religion, thought and conscience, freedom of expression, assembly and movement enshrined in sections 37, 38, 39, 40 and 41 of the Constitution may be justifiably encroached upon in the interest of defence, public safety and public order. (Section 45 of the Constitution).  Notwithstanding the war on terror Nigerian judges have continued to uphold the fundamental rights of Nigerians.
In Babankura Fugu v. President, Federal Republic of Nigeria (2009 -2010) CHR 1 at 10  the Borno State High Court  awarded N100 million damages to the applicant  to atone for the extra judicial murder of his father, an alleged terrorist suspect . In the same vein, in Hadiza Bala Usman & Ors. v. Inspector-General of Police (unreported) the Federal Capital Territory High Court declared illegal and unconstitutional the decision of the controversial police officer, AIG Joseph Mbu to ban the rally staged daily by the bringbackourgirls campaigners.
Since the neo-colonial State has failed to provide for the "security and welfare of the people" as required by section 14(2) of the Constitution the terrorists have overrun  the north east region. No doubt, the military authorities are embarrassed that soldiers vamoose at the sight of the terrorists. But instead of charging those soldiers with mutiny the defence chiefs ought to have asked the Government to comply with Section 217(2) of the Constitution which stipulates that the Federation shall "equip and maintain the armed forces as may be considered adequate and effective" for the defence of Nigeria from external aggression and the maintenance of its territorial integrity.
It is submitted that there is no legal justification for prosecuting soldiers who demand for adequate equipment to fight terrorism. Since the soldiers are entitled to their fundamental right to life guaranteed by section 33 of the Constitution they have a duty not to commit suicide by fighting the well equipped terrorists with obsolete weapons. Therefore, it is illegal and unconstitutional on the part of any court-martial to convict and sentence soldiers to death for demanding for weapons to fight the terrorists.
Towards the defeat of Terrorism
Last month, the Federal Government announced a ceasefire with the boko haram sect and assured the nation that arrangements had been concluded for the release of the Chibok girls.  The Boko Haram sect denounced the so called agreement and has continued to unleash mayhem on innocent people. Since it is crystal clear that the ceasefire was a ruse the Chief of Defence Staff, Air Marshal Barde who announced it should be directed to resign his appointment. More so, that the same officer had  announced, about six months ago, that the Chibok girls were going to be rescued in  a matter of days since the army had located them.
To fight the scourge of insurgency the Nigerian people should demand a wholesale re-organization of the armed forces and a probe of the huge funds earmarked for the nation’s defence in the last 5 years. The National Assembly should ensure that the $1 billion loan recently approved for the purchase of military hardware is judiciously utilized by the Federal Government.  The members of the Joint Task Force should be motivated through training  as well as prompt payment of their salaries and allowances. Those who lose their lives in the battlefield should not be buried in unmarked graves. They deserve to be accorded decent burials in a cemetery reserved for heroes while their family members are promptly paid their entitlements.
The Federal Government should, without any further delay, dislodge the terrorists from the 16 local government illegally occupied by them. In view of the patriotic role of the civilian Joint Task Force in liberating and securing some towns in the occupied territory  the youths in the north east region should be mobilized to flush out the terrorists from their communities. While we advocate that the armed forces be adequately funded we suggest that the federal and state governments should religiously implement the policy on the provision of compulsory and free universal basic education for every Nigerian child. The government should also embark on genuine  empowerment programs and job creation for our army of unemployed youths.
Conclusion
The genesis of the Boko Haram sect has been traced to members of the ruling class who sponsor violent groups and private militias in the rat race for political power. Now that the crisis of insurgency has gone out of control no faction of the ruling class has any moral right to point accusing fingers. They should be held collectively liable for the promotion of violent politics and the manipulation of religion. Henceforth, the security agencies should be directed by the Government to arrest and prosecute the sponsors and agents of violence in the country.
Finally, while defending and protecting  the fundamental right of the Nigerian people to the freedom of thought, conscience and religion  in line with the provisions of section 38 of the Constitution the Government should withdraw completely from religious affairs. Without any further delay, the Government should stop the adoption of official religions and ensure that religion is made a private affair by  all public officers. 
    (Being the Text of the Paper delivered by Femi Falana SAN at the 7th Annual Emeritus Professor D.A. Ijalaiye SAN Distinguished Personality Lecture at the Obafemi Awolowo University, Ile-Ife, Osun State on Wednesday, November 12, 2014).
Source: http://saharareporters.com/

NIA Still Detains Bed-ridden Tycoon

Agents of the National Intelligence Agency (NIA) in Banjul are still keeping in their custody a prominent Gambian business tycoon. Alhagie Kebba Touray, who is reported to be sick and bed-ridden for six months, has been detained for 19 days, family sources told Kairo News.
Despite being allowed access to the Banjul-based businessman, Mr. Touray’s family is still searching for answers about the possible reasons for his arrest and subsequent detention. And to make matters worse, Mr. Touray is denied his constitutional right to be charged, brought before the law court within 72 hours or released from detention.
The case is not in isolation, as it happens at a time when hundreds of people – Gambians and non-Gambians – remain in detention for months and years without knowing why.
Alhagie Kebba Touray was arrested at his Tobacco Road home in Banjul on January 24th, 2015. Spy agents whisked him into their waiting van before escorting him to State House for a meeting whose details have not been made public. The NIA headquarters has become Mr. Touray’s final destination.
Mr. Touray had a brush with spy agents in 2009 when he was arrested and later released. This coincided with the arrest and detention of the former Army Chief of Defence Staff and others. He was released without charge.
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Secret Court Martial In The Gambia, Will There Justice?

Suspects/Image Provided Courtesy of Standard Newspaper

At least seven military men accused of taking part in a coup or conspiring with the attackers of the Gambia’s seat of government on December 30th last year have been appearing before a secret court martial in Fajara Barracks.
The court martial idea was contained in a directive issued by President Yahya Jammeh who had earlier instisted that “no serving Gambian soldier was involved in the failed coup d’etat.”
The soldiers being secretly court martialed are: Lt. Col. Sarjo Jarju, Capt Buba K Bojang, Capt. Buba Sanneh, Capt. Abdoulie Jobe, Lt. Ansumana Sanyang, Lt. Amadou Sowe and Private Modou Njie. 
All the accused persons, except Private Njie, were serving the Gambia National Army at the time of their unannounced arrest and detention. In fact, two of the suspects [Lt. Col. Jarju and Lt. Sanyang] were part of President Jammeh’s security detail.
Njie was captured during the failed putsch while four of the attackers, including the alleged mastermind Lt. Col. Lamin Sanneh were killed.
The court, which began sittings this week, is being presided over by a Nigerian judge. Col. Momodou Sowe, the Army Director of Policy and Planning, has been nominated as the court martial President. Col. Sowe had earlier represented the Gambia at the ECOWAS Commission in Nigeria.
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A 13 and 19 Year old Detained for over 41 Days

Detention without trial and unconstitutional arrests of people is common occurrence under the dictatorial regime of president Yahya Jammeh of the Gambia.  However, this situation have worsen since  the alleged assault on the state house of the Gambia by former state guard commander and eight others. Since then there have been mass arrests of parents, wives, brothers, sisters and associates of those said to be behind the attack at the state house. These arrests have not excluded minors as young as 13 years of age.  This is a total violation of the child rights protocols and the countries very own constitution.

 A 13 years old (Yusupha Lowe) and Pa Alieu Lowe, (19 years old) are still held for 41 days at the National Intelligence Agency (NIA) detention centre in Banjul, Humra’s investigator can report. 

According to family source the children has spent 41 days under the state custody in Banjul since their arrest by men in plain clothes who claimed to have got their orders from the Office of the President on 1 January 2015 in Lamin around 3pm. The family added that they were not allowed access to take food to them at the NIA.

However, source noted that the reason for their arrest and detention is still unknown.
It could be recalled that Jariatou Lowe was released on Thursday, February 5, 2015, after spending 36 days in detention at NIA.

They have been held for 41 days without release or taken to a court of law; adding that both are students and they are on missing their school lessons.
The young people arrested and detained at NIA are the son, younger brother and ex-wife respectively of Baboucar ‘Bai’ Lowe, former Warrant Officer Class 2 of the Gambia Armed Forces (GAF), a dissident based in Germany and purportedly involved in the 30 December 2014 attack on State House.

Ex-Minister Hospitalised Under Guard

The Gambia’s illegally detained former Minister of Finance and Economic Affairs is reported to be hospitalized at the Serekunda General Hospital, family sources corroborated.

Mr. Mambury Njie has been detained by agents of the National Intelligence Agency (NIA) for 125 days.  The Banjul native, who had earlier been acquitted and discharged by the courts, was picked up at his residence in Brusubi on October 9th, 2014. He was escorted to the NIA headquarters in Banjul, with agents offering no reasons for the arrest. The Gambia government also remains tight-lipped on his case.

Mr. Njie’s detention was reportedly ordered by the Office of the President. He was neither charged, nor brought before the courts which violates his constitutional right.

Kairo News is trying to ascertain Mr. Njie’s medical condition. His family is reportedly allowed access to him and even brought food for him. But they could not understand why secret agents remain glued to his sick bed.

It could be recalled that Justice Mikailu Abdullahi of the Special Criminal Division of the High Court in Banjul on July 3rd, 2014, acquitted and discharged Mambury Njie on two counts of economic crime and neglect of official duty.

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