Freedom of Assembly Violently Suppressed in Guinea

By Morgan Sim

On September 28, 2009, a peaceful opposition rally in the Guinean capital of Conakry was interrupted when hundreds “red berets” - members of the elite Presidential Guard - propelled canisters of tear gas into the stands and opened fire on the crowd of 50,000. The brutal gang rape of dozens of women followed the attack. Women attempting to flee the stadium housing the protest women found it to be surrounded and blockaded by members of the Presidential Guard, as well as gendarmes, Anti-Riot Police, and dozens of civilian-clothed irregular militias. These events occurred in the middle of the day, in public, in front of thousands of witnesses. The alleged crimes were even re- corded on cell phones and the grotesque photos have since splashed onto the internet.

"C'est du jamais vu, c'est du jamais vu," was the common refrain amongst victims and witness interviewed by the BBC in the days following the massacre. "We've never before witnessed such a thing in Guinea.” Guinea has been under the power of a junta government, called the National Council for Democracy and Development (CNDD), since the death of former President Lansana Conté on December 22, 2008. Hours after Conté’s death, a group of military officers led by Captain Moussa Dadis Camara seized the government and declared the dissolution of the former institutions of the Republic. 

Camara took power and immediately suspended constitutional rights, political activity, and union activity. Initially, the junta government garnered support by promising a smooth transition to democracy, which some saw as a welcome change from Conté’s 24-year long authoritarian rule. However, the junta quickly lost popularity due to Camara’s dictatorial and abusive behaviour, along with repeated violence from his forces. The September 28 protest was a reaction to Camara’s retraction of his promise to not run in the next presidential election, set for January 2010.

Human Rights Watch (HRW) has published a summary report of its findings following a 10-day research mission to Guinea. The report reveals new evidence that the killings and sexual violence were both organized and premeditated, and that the armed forces attempted to hide evidence of the crimes by seizing bodies from the city’s morgues and burying them in mass graves located on army bases. 

Guinean authorities are blaming the killing on rogue soldiers and opposition provocation. However the preliminary investigations and evidence, including video footage of the rally, suggest that crowds were unarmed. This claim is bolstered by the finding that no military authorities were harmed during the confrontation. Perhaps even more devastating for the authorities is the proof of the premeditation of the crimes. Before the Presidential Guard entered the stadium and opened fire, the arena was surrounded and victims found that most exits were blockaded as they attempted to flee.

HRW’s summary report includes devastating witness testimony, particularly with regards to the sexual violence. More than 150 witnesses were interviewed and many said they witnessed women being shot or bayoneted following gang rapes by five or six of the red berets. Other women tell of how they were forcibly taken from the stadium to endure several days of gang rape in private residences.

Another shocking discovery illuminated in the report is the ethnic dimension of the attack. The vast majority of the estimated 150 killed were from the Peuhl ethic group, which is exclusively Muslim, while most of the key members of ruling junta and the commanders at the stadium come from an ethnic group from the southeastern forest region which is largely Christian or animist. According to witnesses, many of the killers and rapists verbally attacked their victims on the basis of their ethnicity, suggesting that the Peuhl needed to be “taught a lesson” or even exterminated.

If these finding are correct, the ethnic element of the massacre may strengthen the position being advanced by a number of groups, including HRW , that crimes against humanity took place. Article 7, section 1(h) of the Rome Statute delineates that persecution of any identifiable group in connection with any of the other acts named in the section (including murder, rape, and other forms of sexual violence) is a crime against humanity.

Importantly, if crimes against humanity are found to have taken place, the principle of "Command Responsibility" will apply in the prosecution of those crimes. This prin- ciple holds that a military leader cannot be absolved of responsibility for crimes against humanity or war crimes committed by a subordinate if the superior knew, or ought to have known, that the subordinate was committing or about to commit this type of crime, and did not take all feasible measures to prevent, repress, or punish the subordinate’sactions.

As such, an investigation of Camara, as leader of the ruling junta and commander of the Presidential Guard should take place. Furthermore, Camara's personal aide de camp and head of his personal bodyguard, Lieutenant Abubakar "Toumba" Diakité was in command of the red berets at the stadium and should also be investigated, according to HRW .

What is needed now is a prompt, independent and open investigation into both the criminal acts and the cover-up. An investigation was commenced by UN Assistant Secretary General Haile Menkerios, who met with Camara, Prime Minister Komara and members of the opposition. The Economic Community of West African States (ECOWAS) has imposed an arms embargo on Guinea, France has sus- pended military ties with Conakry, and the EU is considering both a travel ban and freezing the financial assets of the leaders of the junta.

Currently, the Office of The Prosecutor at the International Criminal Court is conducting preliminary examinations on the situation in Guinea, a phase which could precede the opening of an investigation. These initial steps give hope that the international legal system will respond quickly and effectively to the violations of human rights perpetrated in Guinea.