Cablegate: Darfur - Police Official Convicted for Rape
VZCZCXRO0119
PP RUEHMA RUEHROV
DE RUEHKH #1422/01 1661214
ZNR UUUUU ZZH
P 151214Z JUN 06
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC PRIORITY 3251
INFO RUCNFUR/DARFUR COLLECTIVE PRIORITY
UNCLAS SECTION 01 OF 02 KHARTOUM 001422
SIPDIS
SENSITIVE
SIPDIS
AIDAC
STATE FOR AF/SPG, PRM, AND ALSO PASS USAID/W
USAID FOR DCHA SUDAN TEAM, AFR/SP
NAIROBI FOR USAID/DCHA/OFDA, USAID/REDSO, AND FAS
USMISSION UN ROME
GENEVA FOR NKYLOH
NAIROBI FOR SFO
NSC FOR JBRAUSE, NSC/AFRICA FOR TSHORTLEY
USUN FOR TMALY
BRUSSELS FOR PLERNER
E.O. 12958: N/A
TAGS: PHUM PGOV PREF SOCI KAWC SU
SUBJECT: DARFUR - POLICE OFFICIAL CONVICTED FOR RAPE
REF: A. KHARTOUM 0090,
B. KHARTOUM 0272,
C. KHARTOUM 0308
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Summary and Comment
-------------------
1. (SBU) On May 3, 2006, West Darfur's El Geneina
General Court convicted a Central Reserve Police Officer
for the rape of a 10-year-old girl. The judge sentenced
the felon to three years imprisonment and 100 lashes.
While the verdict and proceedings illustrate the ability
of West Darfur's courts to adjudicate crimes involving
sexual and gender-based violence (SGBV), the
international community should be wary of reading too
much into the outcome of this case. The continued
inability of government authorities to conduct rape
prosecutions systematically, as evidenced by the West
Darfur State Prosecutor's initial refusal to take the
case, remains the most significant impediment to the
pursuit of justice for survivors of SGBV in Darfur.
USAID supported the Darfur Lawyers Legal Aid Network that
helped the victim's lawyer prosecute the case under
criminal statutes, but such resources cannot be provided
to every survivor of SGBV in Darfur. Human rights groups
estimate that incidents of rape occur on average every
three to four days, with more than 100 incidents a year
in South Darfur alone. Yet, according to the Government
of National Unity Advisory Council for Human Rights, only
35 prosecutions with 28 convictions occurred in all of
Darfur during the past three years. End summary and
comment.
--------------------------------------
Sexual Violence and Impunity in Darfur
--------------------------------------
2. (U) Incidents of rape and other forms of SGBV are
widespread in Darfur and widely documented in U.S.
government, UN, and non-governmental organization (NGO)
reports. Likewise, Sudanese government authorities have
consistently demonstrated a lack of ability and will to
document, investigate, and prosecute cases of rape and
SGBV per reftels A, B, and C.
3. (SBU) Through the Initiative to Combat Violence
Against Women (VAW Initiative), USAID and partner
organizations have worked to prevent rape and SGBV,
respond to survivor's medical, psychological and economic
needs, and change the pervading environment of criminal
impunity and lack of justice for victims. In supporting
the Darfur Lawyers legal`Aid Network,USAIE h!s"enabned
urViwors vo seek redress hN }danfsa cou~ts, Maw8EpQ*defcnli~axtepgjQw il_fcv`\`nB ucQm}bmQ
Cg}wapi_oC,3wissQbe,re`3itpbswQklteQtsm0~Ht-& neyicjwlRQnYi6eVoAw*wuOdsQ5Q
-#9.!(0mQl(.e(l1nQ$5QQ+yl Geneina, the state capital of West
Darfur. The distance between the victim's home and El
Geneina posed several logistical challenges, not least of
which was the transport of the victim and witnesses to
the courts in El Geneina. The Office of the U.N. High
Commissioner for Refugees (UNHCR) was involved in the
rape case since the initial hearing in December 2005, and
worked closely with the victim's lawyer to ensure these
logistical problems were overcome.
5. (U) This case was pursued through "private
prosecution." Under article 136 of Sudan's Criminal
Procedures Act, a private lawyer may request
authorization from a state prosecutor to prosecute a
criminal matter. In this particular incident, the
victim's attorney filed a request for permission to
KHARTOUM 00001422 002 OF 002
criminally prosecute the case with the state prosecutor
of West Darfur, who subsequently approved the request.
Since the accused individual was a member of the Central
Reserve Police (CRP), an armed civil defense force under
the authority of the Sudanese government, a special
application to prosecute the accused in a civilian
criminal court was presented to his commander. The
victim's lawyer won approval for this special application
after several court appearances.
6. (U) Prosecution of this case was finalized in El
Geneina on May 3, 2006, when the judge handed down a
decision against the accused. The judge convicted the
accused of raping a minor and sentenced him to three
years imprisonment and 100 lashes. Sudanese criminal
procedures permit the defendant to appeal the conviction
and sentence. If successful both the conviction and
sentence could be overturned; however, there is no
indication that the felon has appealed the decision.
--------------------------------------
Factors that Contributed to Conviction
--------------------------------------
7. (U) This case marks only the second known conviction
of a government official for rape in Darfur. As such,
the following factors contributed to the successful
conclusion of this case:
A) Victim access to a dedicated and experienced private
lawyer: In this case, the victim benefited from
immediate access to the expertise of a lawyer who had
more than 20 years of criminal law experience through a
referral from the USAID-supported Darfur Lawyers Legal
Aid Network;
B) Subsidization of transport costs by the Darfur
Lawyers Legal Aid Network: Without financial assistance,
most of Darfur's population cannot afford prohibitive
travel expenses or other costs required to privately
prosecute criminal activity in the region;
C) Victim social support: The social support provided
to the victim by her family proved crucial to the
successful conclusion of this case. Family support also
ensured that the lawyer had the necessary time and
resources to prepare and interview the victim as well as
family members and neighbors who witnessed the crime;
D) Weak opposition: UNHCR notes that the defendant was
not represented by legal counsel. Furthermore, the
defendant called two alibi witnesses who gave
contradictory evidence; and,
E) Discrete criminal proceedings: During the trial, the
victim gave evidence in the presence of only the judge
and the defendant in the judge's private chambers. This
very notable improvement in the justice system's
treatment of victims should be promoted throughout
Darfur.
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Final Remarks
-------------
8. (U) Few successful prosecutions for rape have
occurred in recent history in North, South, and West
Darfur. The fact that this case resulted in a successful
conviction is a notable achievement, an outcome to be
encouraged. By international standards, however, a three-
year sentence for the rape of 10-year-old girl is a light
punishment. According to the prosecuting attorney,
procedural law in this case prescribed no minimum
sentence and allowed for a maximum sentence of 10 years.
In addition, the West Darfur State Prosecutor (Attorney
General) holds the mandate and responsibility to
prosecute criminal cases of this nature but refused to
prosecute this case until ordered to do so by the State
Ministry of Justice.
HUME