Trial Against Congolese Warlord Indicates Flaws In State's Justice System - Watchdog

A trial against Congolese warlord Marcel Habarugira for the war crimes of rape and use of child soldiers indicate serious shortcomings of the military justice system of the Democratic Republic of Congo as government fails to protect victims and witnesses, a prominent human rights group said in its report published on Friday

MOSCOW (UrduPoint News / Sputnik - 19th April, 2019) A trial against Congolese warlord Marcel Habarugira for the war crimes of rape and use of child soldiers indicate serious shortcomings of the military justice system of the Democratic Republic of Congo as government fails to protect victims and witnesses, a prominent human rights group said in its report published on Friday.

"The 15-year prison sentence for Marcel Habarugira provides a measure of justice for his victims and may serve as a check on other abusive commanders. However, the trial proceedings raised questions about witness protection, the defendant's right to an appeal, and the government's failure to pay reparations to victims," the Human Rights Watch (HRW) said.

According to the HRW, on February 1, 2019, a military court in Goma, North Kivu province, found Habarugira guilty of three crimes carried out while leading a faction of an armed group known as Nyatura ("hit hard"). The judge's sentence was based on the witnesses' and victims' testimonies. However, not all of those affected by Habarugira's actions were able to testify due to threats and intimidation by Habarugira's militants.

As a result, only seven victims participated in the trial. Habarugira was also accused of sexual slavery as a war crime but was acquitted on this charge as no witnesses made it to the court to testify.

Moreover, four years after Habarugira's arrest in 2014, a Congolese military court arranged a trial against him with no right to appeal, which went against the Congolese constitution and international fair trial standards, the HRW said in its report.

According to the HRW, Habarugira's case will turn into an opportunity for DR Congo's new president, Felix Tshisekedi, to put an end to the army's practice of supporting armed groups by means of investigation and prosecution of perpetrators.

The Democratic Republic of Congo has been suffering from instability since the mid-1990s, when the country became mired in conflicts. Even though the Second Congo War, or the Great War of Africa, ended in 2003, clashes continued in the eastern areas of the country, where various rebel groups continue to operate.