I – Prologue to the disaster: the political context before the massacre
On 22 December 2008, President Lansana Conté, who had been in power in Guinea for 24 years, passed away. A few hours later, coup leaders, including Brigadier General Sékouba Konaté, Major General Mamadouba Toto Camara, and Captain Moussa Dadis Camara, seized power and announced on the radio the suspension of the Constitution, state institutions, political and trade union activities, and the establishment of a military committee called the Conseil national pour la démocratie et le développement (CNDD). On the evening of 24 December 2008, amidst the applause of onlookers, the junta spokesperson, Captain Moussa Dadis Camara, surrounded by CNDD members, declared himself President of the Republic. On the same day, the Economic Community of West African States (ECOWAS) and the African Union (AU) condemned this unconstitutional seizure of power.
Moussa Dadis Camara then promised a transition process that would lead to the organisation of legislative and presidential elections in 2009. The entire process would be overseen by the National Transition Council, a body he himself established. He also pledged, alongside his Prime Minister, the banker and international consultant Kabiné Komara, not to run in the elections. However, as early as January 2009, the question of Moussa Dadis Camara and the CNDD’s participation in the elections began to arise. Tensions emerged with the Forces Vives de la Nation, a coalition comprising trade unions, civil society organisations, social actors, and political parties. Faced with the risk of election manipulation, the Forces Vives started mobilising their supporters from the middle of 2009 and called for a demonstration on 28 September 2009, against the possible candidacy of Moussa Dadis Camara in the presidential election.
II – The Conakry statium massacre of 28 September 2009
On 28 September 2009, approximately 50,000 people gathered at the Conakry stadium to protest against the candidacy of Moussa Dadis Camara, in response to the call of the Guinean Forces Vives. Shortly before noon, several hundred Guinean security forces, including members of the presidential guard commonly known as the ‘red berets’ opened fire on tens of thousands of peacefully assembled individuals. The bloody repression caused shock and horror: at least 156 people were killed, and 109 women became victims of rape or other forms of sexual violence, including sexual mutilation and sexual slavery. Dozens of individuals were reported missing.
The Guinean defence and security forces responsible for the crackdown committed widespread abuses. Demonstrators attempting to flee were killed, while others were stabbed or beaten within the stadium and systematically robbed as they passed in front of the security forces. Hundreds of women were raped and/or sexually assaulted. Women were abducted from the stadium and the Ratoma medical center by the red berets and held in different locations as sex slaves for several days.
III – Confronting the horror and its repercussions: the qualification of crimes
On the same day as the massacre, in the face of the magnitude of the crimes, the Secretary-General of the United Nations, Ban Ki-moon, established an International Commission of Inquiry. In its report, the United Nations Commission established that the human rights violations committed on 28 September 2009 and the following days by the defence and security forces constituted crimes against humanity. “These crimes are part of a widespread and systematic attack launched by the Presidential Guard, gendarmes responsible for the fight against drugs and organised crime, and militias, among others, against the civilian population”.
FIDH and its member organisation, the Organisation guinéenne de défense des droits de l’Homme et du citoyen (OGDH), conducted several investigative missions in Guinea following the 28 September 2009 massacre. In a report published one year after the massacre, FIDH and OGDH documented through numerous testimonies the violations committed by the Guinean security forces on 28 September 2009, and in the weeks that followed. “The analysis of the facts demonstrates the planning of the atrocities (organisation of units, coordination of operations, presence of high-ranking officials from the gendarmerie and the army, and closest collaborators of Captain Dadis Camara, etc.), highlighting the presumed responsibility of the highest authorities of the State in the serious human rights violations perpetrated on 28 September and the following days, qualified by the United Nations International Commission of Inquiry as crimes against humanity”.
In the order of the national investigating judges, it is specified that the acts were committed by the “red berets of the presidential guard and militia members in civilian clothes who entered the stadium premises. The former fired bursts of automatic weapons into the crowd, while the latter beat, tortured, and stabbed the demonstrators. They also committed several offenses, including, among others, assassinations, murders, voluntary assaults, rapes, and other forms of sexual violence. In the following days, some military personnel, gendarmes, and other militia members also engaged in looting, kidnappings, and other acts of torture against individuals in various military camps, certain districts of the capital, including Cosa, Bambéto, Donka, and also at the homes of certain leaders of the Forces Vives”.
IV – Events and political crisis following the massacre
Information and images depicting the severity and horror of the events quickly spread within Guinean civil society and beyond national borders. The political power could not ignore the facts. Human rights defenders mobilised rapidly to support the victims and their families, collect their testimonies, and document the extent of the violations committed. The aforementioned joint report by FIDH and OGDH recounts the events that occurred after the massacre in the following terms:
– “On October 2, in the face of unanimous international condemnation, the authorities partially acknowledged the events and returned 39 completely unidentifiable bodies to the families;
– On 25 November, 2009, a United Nations Commission of Inquiry visited the Republic of Guinea and Senegal to meet with the victims and actors of the events of September 28, 2009;
– On Thursday, December 3, 2009, just after the Commission had spent several hours listening to President Moussa Dadis Camara’s version of the events of September 28, he was gravely injured by shots fired by his own aide-de-camp, Lieutenant Abubakar Diakité, known as ‘Toumba’ Diakité confessed on the airwaves of Radio France Internationale (RFI) that he “shot him because at a certain moment there was a total betrayal towards me” (...) “he tried to lay all the blame for the events of September 28 on me”. Severely wounded in the head, Dadis Camara was transferred to Burkina Faso and then to Morocco, where he remained in recovery until his return to Ouagadougou on January 14, 2010, marking the end of his bloody reign”.
Presidential elections were organised by the transitional government led by General Sékouba Konaté. After several pre-electoral clashes between supporters of the two candidates in the presidential runoff, the Union of Democratic Forces of Guinea (UFDG) led by Cellou Dalein Diallo, and the Rally of the Guinean People (RPG) led by Alpha Condé, a long-standing opponent of the successive dictatorships in Guinea since independence, the latter emerged as the winner of the elections with 52.5% of the votes.
IV – The long road towards legal prosecutions in Guinea
A National Commission of Inquiry (CNE) was established by the junta in October 2009 to shed light on the events of 28 September. The CNE officially began its work on 3 November for a duration of three months. This commission was composed of 23 members appointed by presidential decree. It had the power to place individuals in administrative detention or under house arrest “whenever the preservation of evidence required it”. A special joint Gendarmerie-Police Brigade was directly and exclusively under its authority and had the power to carry out the orders of the CNE. However, this commission was not well received by the population and civil society, as they saw the CNE and its police brigade as a means to intimidate witnesses rather than encouraging them to testify. In its report released on 2 February 2010, the CNE identified Toumba as the main instigator of the massacre and absolved the responsibility of other junta leaders, including its chief, Moussa Dadis Camara.
At the same time, the Guinean government established, in February 2010, a panel of three judges responsible for handling the case. However, numerous obstacles hindered their progress, resulting in slow and irregular work. The investigation concluded on 29 December 2017, with the three investigating judges adopting an order for reclassification, partial dismissal, and referral to the criminal court. While two individuals were granted dismissals (Lieutenant Colonel Mathurin Bangoura, who was the Minister of Telecommunications and Information Technology and a member of the CNDD, and Captain Bienvenue Lamah, an instructor at the Kaleah camp), the remaining thirteen were referred to the criminal court of Dixinn in Conakry, which has territorial jurisdiction over the events in question. In a country where crimes involving security forces often go unpunished, the conclusion of the investigation in the 28 September case sent a strong signal and raised hopes that the opening of a trial to bring justice to the victims would be imminent.
Parallel to this, based on the findings of the aforementioned report, the Office of the Prosecutor of the International Criminal Court (ICC) confirmed that the situation in Guinea was under preliminary examination as of October 2009, asserting its jurisdiction over the crimes covered by the Rome Statute committed during the 28 September massacre, including acts constituting crimes against humanity. This preliminary examination also focuses on the existence and authenticity of national proceedings concerning these crimes. As a court of last resort, the ICC only intervenes when national courts demonstrate a lack of willingness or capacity to investigate serious crimes and prosecute their perpetrators. Over the past thirteen years, the Office of the Prosecutor of the ICC has conducted 21 missions to Conakry, primarily to assess the progress made by the national authorities, first in the investigative phase and subsequently in the organisation of the trial for the events of 28 September 2009.
Over 450 civil parties have been constituted, and around ten indictments have been recorded during the investigation, thanks in part to the support provided to the victims and judges by human rights organisations working with the victims, including FIDH, its member organisation in Guinea, OGDH, and the Association des victimes, parents et amis du 28 septembre 2009 (AVIPA). Eventually, the qualification of crimes against humanity was dismissed by the Guinean investigating judges in favor of ordinary crimes under the Guinean Code of Criminal Procedure. This reclassification was confirmed by the Guinean Supreme Court.
In 2018, a Steering Committee composed of national and international actors responsible for the logistical organisation of the trial was established under the leadership of Mr Cheick SACKO, the then Minister of Justice and Keeper of the Seals in Guinea. The first year of the committee’s work was promising. Fund mobilisation and the identification of a venue for the trial progressed rapidly. Despite these initial hopes, and after several delays, the date of 28 September 2022, was finally set for the opening of the trial, 13 years after the events. After yet another postponement, the trial finally began on 4 October 2022.
V – The list of defendants
At the end of the investigation conducted by the investigating judges, 14 individuals were implicated. On the day of the trial’s opening, 28 September 2022, 11 defendants were present:
Moussa Dadis Camara, born on 29 December 1964, in N’zérékoré, President of the Republic and leader of the CNDD at the time of the events;
Order for judicial supervision issued on 8 July 2015; indicted for complicity in murders, assassinations, rapes, looting, arson, armed robbery, voluntary assault and battery, insults against law enforcement officers, torture, kidnapping and unlawful detention, failure to assist persons in danger, sexual violence, indecent assault, illegal possession of first-category war materials, and command responsibility for military leaders and other superiors;
Moussa Thiégboro Camara, born on 31 December 1968, in Beyla, Minister of State in charge of combating organised crime, drugs, and special services at the time of the events;
Arrest warrant issued on 27 September 2022; indicted for murders, assassinations, rapes, looting, arson, armed robbery, voluntary assault and battery, insults against law enforcement officers, torture, kidnapping and unlawful detention, failure to assist persons in danger, sexual violence, indecent assault, illegal possession of first- category war materials, and complicity in these offenses;
Claude Pivi, also known as Coplan, born on 20 January 1960, in N’zérékoré, Minister of Presidential Security at the time of the events;
Order for judicial supervision issued on 27 June 2013; indicted for voluntary assault and battery, rape, collective or gang looting, arson, murder, torture, failure to assist persons in danger, and complicity in all the offenses committed at the 28 September stadium in 2009;
Colonel Abdoulaye Chérif Diaby, born on 26 February 1960, in Pita, Minister of Health at the time of the events;
Order for judicial supervision issued on 13 September 2012; indicted for failure to assist persons in danger;
Blaise Gomou, born on 12 January 1972, in N’zérékoré, Direct collaborator of Moussa Thiégboro Camara at the time of the events;
Indicted for voluntary assault and battery, murders, and complicity in rapes, looting, arson, armed robbery, insults against law enforcement officers, torture, kidnapping and unlawful detention, failure to assist persons in danger, sexual violence, indecent assault, and illegal possession of first-category war materials;
Aboubacar Diakité, also known as Toumba, born on 30 April 1968, in Conakry, Military Doctor; aide-de-camp to Moussa Dadis Camara at the time of the events;
Arrest warrant issued on 14 March 2017; indicted for voluntary assault and battery, rape, collective or armed gang looting, arson, murder, assassination, torture, failure to assist persons in danger, complicity in murders, assassinations, rapes, looting, arson, armed robbery, voluntary assault and battery, insults against law enforcement officers, torture, kidnapping and unlawful detention, failure to assist persons in danger, sexual violence, indecent assault, illegal possession of first-category war materials, and command responsibility for military leaders and other superiors;
Cécé Raphaël Haba, born in 1978 in Tinkoro, Bodyguard of Toumba at the time of the events;
Arrest warrant issued on 14 May 2010; indicted for murders, assassinations, rapes, looting, arson, insults against law enforcement officers, torture, kidnapping and unlawful detention, failure to assist persons in danger, sexual violence, indecent assault, illegal possession of first-category war materials, and complicity in these offenses;
Marcel Guilavogui, born in 1977 in Conakry, Deputy of Toumba Diakité at the time of the events;
Arrest warrant issued on 18 June 2010; indicted for murders, assassinations, rapes, looting, arson, insults against law enforcement officers, torture, kidnapping and unlawful detention, failure to assist persons in danger, sexual violence, indecent assault, illegal possession of first-category war materials, and complicity in these offenses;
Mamadou Aliou Keita, born in 1987 in Kindia, Gendarme;
Arrest warrant issued on 30 April 2013; indicted for rape against Assiatou Bah;
Ibrahima Kalonzo Camara, born in 1978 in Conakry, Gendarme;
Order for judicial supervision issued on 28 October 2014; indicted for voluntary assault and battery, murder, complicity in rapes, looting, arson, armed robbery, insults against law enforcement officers, torture, kidnapping and unlawful detention, failure to assist persons in danger, sexual violence, indecent assault, illegal possession of first-category war materials;
Paul Mansa Guilavogui, born in 1970 in Conakry, Military personnel;
Arrest warrant issued on 22 May 2015; indicted for failure to assist persons in danger, voluntary assault and battery, torture, unlawful detention, and insults;
The individuals named Alpha Amadou Balde, Sambarou Diamakan, and Mamadouba Toto Camara, all military personnel, were absent from the court hearing, despite being summoned by the presiding judge of the criminal court. According to reliable sources, Colonel Sambarou Diamakan, who was the Commander of Camp Alpha Yaya at the time of the events, and General Mamadouba Toto Camara, who served as Minister of Security during that period, have both passed away. As for Alpha Amadou Balde, who was the personal secretary of Commander Toumba Diakité at the time of the events, it is reported that he was cleared of charges following the preliminary investigation.
VI – Trial procedings
After the trial commenced on 4 October 2022, the phase of hearing the 11 defendants concluded on Monday 13 February 2023. Their testimonies and interrogations lasted over four months.
The phase of hearing the victims began on 14 February 2023. Ten victims were heard in February, six in March, seven in April, and twenty-four in May. The first hearing was conducted publicly, while the following four were held behind closed doors, at the request of the victims through their lawyers. At the stand, they detailed the events that took place at Conakry Stadium on 28 September 2009, and the subsequent days. As a reminder, since the start of the trial on 28 September 2022, we have heard from 11 defendants and 47 civil parties.
Today, more than ever, the successful progress of the trial for the events of 28 September 2009, poses a challenge to the Guinean justice system. It marks the first time in the country’s history that serious human rights crimes allegedly committed by members of the defence and security forces and representatives of the State are being judged. This trial could be a turning point, breaking the cycle of impunity that alleged human rights violators have enjoyed for decades in Guinea. In the current context of political transition, the smooth conduct of the trial for 28 September 2009 also represents a factor for reconciliation that could contribute to the resumption of effective and inclusive national political dialogue.
However, the continuation of the trial has been compromised since its suspension on 29 May due to funding issues. Indeed, the defence lawyers and the civil parties requested financial assistance from the Ministry of Justice for the defence of their clients, the establishment of a fund to pay lawyers’ fees, and improvements in their working conditions in the courtroom. As their demands were not met by 29 May, the lawyers announced the suspension of their participation in the trial. Eventually, their demands were heard by the Ministry of Justice. The hearings were supposed to resume on Wednesday 21 June, but the trial was once again postponed after prison guards initiated a general strike with several demands, including salary increases, as stated in a declaration made at the Conakry civil prison.
The continuation of the trial is more uncertain than ever, as is the hope that justice will be done for the people of Guinea.
VII – Archives
28/09/23 Guinea : the fight continues at the trial for the 28 September 2009 massacre
28/02/23 Guinea: Victims’ Testimony at the 28 September 2009 Massacre Trial
28/09/22 Guinea: 13 years after the crimes, the trial of the 28 September 2009 massacre has been opened
27/09/21 Guinea: Coup Further Complicates Massacre Justice
28/09/20 Guinea: Stadium Massacre Victims Await Justice
25/09/20 Guinea: 11 Years On, Massacre Victims Have Waited Far Too Long
27/09/18 Guinea: 9 Years Later, Bring Justice for September 28 Crimes
20/03/17 Guinea : 3 priorities for the the fight against impunity and the strengthening of the Rule of Law
13/03/17 Guinea – 28 September 2009 massacre: « Toumba » Diakité transferred from Dakar to Conakry
27/09/16 7 Years On, Justice for Massacre Needed
25/09/15 [INFOGRAPHIC] Guinea: six years after the 28 September massacre, will justice be done?
09/07/15 Guinea: 28 September 2009 Massacre Case - Moussa Dadis Camara finally indicted
10/06/15 The 28 September 2009 Case: Indictment of a Former Member of the Military for Crimes Committed at the Camp of the Presidential Security Battalion
20/05/15 Guinea: Time for Justice ?
28/09/2014 Guinea: 5 Years On, No Justice for Massacre
03/07/13 Guinea, the case of 28 September 2009: Colonel Claude Pivi indicted
28/06/13 Guinea - Colonel Claude PIVI indicted in the case of 28 September 2009 massacre: a big step for the Guinean justice
07/05/13 The 28 September 2009 Case – A gendarme arrested and charged with rape, a first in Guinea
31/05/12 Guinean justice follows up on the last two complaints filed by FIDH and OGDH
12/04/13 Moussa Dadis Camara in Guinea: a chance for the Guinean justice to progress in the case of 28 September 2009 massacre
08/02/12 Guinea: Major breakthrough in the case of the 28 September 2009 Conakry Stadium Massacre, with the indictment of a minister in office
27/09/2011 Guinea : Commemoration of 28 September Massacre overshadowed by political tension
31/05/12 Guinean justice follows up on the last two complaints filed by FIDH and OGDH
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