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Paris,
February 13 2003
In its
report entitled “War Crimes in the Central African Republic”
, FIDH emphasizes on the international criminal responsibility
for war crimes of the Congolese Jean-Pierre Bemba, the “Chadian”
mercenary Abdoulaye Miskine and the Central African Republic
President, Ange-Félix Patassé.
On November
25, 2002, one month after the coup d’Etat attempt of General
Bozizé, the ex-Commander in Chief of the army of Central
African Republic, against the Patassé Regime, an FIDH international
investigation mission took place in Bangui, the capital of the
Central African Republic (CAR). The team was composed of Bochra
Beladjamida, lawyer at the Tunis Bar, Eric Plouvier, lawyer at
the Paris Bar and Marceau Sivieude from the Africa Department
of the international Secretariat of FIDH.
Supported
by its affiliated organization, the Central African League for
Human Rights, the international investigation team of FIDH inquired
about the executions, rapes, injuries and pillages committed
on the civilian population during and after the October 25 coup
d’Etat attempt.
The fighting
in the capital between October 25th and October 30th was waged
in a flagrant violation of the laws and customs of war of the
1949 Geneva Conventions.
The international investigation team qualifies the reprisals
conducted by loyalist forces against rebels and, above all,
the civilian population as war crimes which fall within the
jurisdiction of the International Criminal Court whose statute
was ratified by the Central African Republic on October 3, 2001.
Indeed,
militarily weakened by the previous coups d’Etat attempts
(See Fidh Report: « RCA: Entre discours et réalité
un fossé béant») President Patassé,
suspicious of his regular army (the Central African Armed Forces)
of which a great number of members left with the former putschists,
has surrounded himself for protection with a few well-armed
libyans, with the support of Jean Pierre Bemba’s men, and
with the troops of the « Chadian » mercenary, Abdoulaye
Miskine.
During the
retreat of Bozizé' troops to the North of the country,
Bemba's men called by President Patassé retook control
over the territories previously occupied by the rebels. These
« men » have perpetrated war crimes against the
local population under the pretext of an alleged passive complicity
with Bozizé' troops, in order to form a war « booty
». The international investigation team have collected
overwhelming testimonies from numerous civilian victims expressly
denouncing Bemba's men systematic plunders, rapes and murders.
Statistical elements attest that these crimes have been committed
on a large scale.
Moreover,
the international investigation team have gathered concording
testimonies and constated on the spot the existence of mass
graves, enabling them to affirm that on October 30 and 31, 2002,
in the cattle market, located at the kilometer 12 on the road
to Bouali, three series of collective murders were committed.
The victims are likely to be civilians and the crimes have been
probably perpetrated by the men of Abdoulaye Miskine.
The international
investigation team concludes that war crimes, according to article
8 of the Rome Statute of the International Criminal Court, were
perpetrated by Bemba's men and by Miskine and his troops. FIDH
considers that, knowing these facts, the lack of reaction of
hierarchy superiors in order to prevent such crimes or to punish
their authors, involves the international individual criminal
responsibility of Jean Pierre Bemba, Abdoulaye Miskine and Ange-Félix
Patassé, President and Commander in Chief of the Central
African Republic Army.
With regard
to the intensity and the systematic character of the crimes
perpetrated against the civilian population since October 25,
2002, and considering the impunity from which profits their
authors, FIDH has decided to formally bring the case before
the International Criminal Court.
It is thus
the first case which FIDH brings before the International Criminal
Court since the entry into force of its statute on July 1, 2002.
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