Place the Accused on Leave from Government; Protect Judges, Victims
July 3, 2013

The judges took a major step for justice for the 2009 stadium massacre and rapes by filing charges against an influential, high-level official. Now Guinean officials need to show their commitment to justice by putting Pivi on leave so he won’t be in a position to influence the investigation.

Elise Keppler, senior international justice counsel

(Nairobi) – Guinea’s domestic panel of judges investigating the country’s 2009 stadium massacre and rapes has taken a significant step in charging a high-level suspect, who is expected to be questioned by the judges on July 4. Given the potential for interference with the investigation, the government should place the suspect on leave and take additional measures to protect judges, witnesses, and victims.

The suspect, Lt. Col. Claude “Coplan” Pivi, is Guinea’s minister for presidential security, a position he also held at the time of the 2009 crimes. Media reports said that Pivi was charged with murder, rape, arson, looting, destruction of buildings, and complicity. Consistent with international law, Pivi is presumed innocent unless tried and proven guilty.

“The judges took a major step for justice for the 2009 stadium massacre and rapes by filing charges against an influential, high-level official,” said Elise Keppler, senior international justice counsel with Human Rights Watch. “Now Guinean officials need to show their commitment to justice by putting Pivi on leave so he won’t be in a position to influence the investigation.”

Pivi appeared before the judges briefly on June 28, 2013, during which time they notified him that charges had been filed. Pivi is expected to appear before the judges again on July 4, for questioning.

Human Rights Watch has extensively documented the 2009 crimes and closely followed the investigation. On September 28, 2009, several hundred members of Guinea’s security forces burst into a stadium in Guinea’s capital, Conakry, and opened fire on tens of thousands of opposition supporters peacefully gathered there. By late afternoon, at least 150 Guineans lay dead or dying, and dozens of women had suffered brutal sexual violence, including individual and gang rape.

Human Rights Watch, a United Nations-supported International Commission of Inquiry, and other independent human rights organizations identified Pivi as someone whose possible role in the crimes should be investigated.

“The sensitive nature of charging such a high-ranking officer brings increased risk for judges, witnesses, and victims alike,” Keppler said. “The Guinean authorities need to ensure the judges, witnesses, and victims are protected against threats.”

The panel of judges has made important progress in the investigation. They have interviewed more than 200 victims and charged at least 8 people, including Pivi and other high-ranking military officers.

Others charged include Guinea’s minister in charge of fighting drug trafficking and organized crime, Col. Moussa Tiégboro Camara, and Col. Abdoulaye Chérif Diaby, the health minister at the time.Another key suspect the judges have charged, Lt. Abubakar “Toumba” Diakité, remains at large.

However, the investigation has been plagued by lack of material support and concerns about security for the judges. The investigation has yet to be completed nearly four years later. Some suspects have already been in pretrial detention longer than the two years permitted by Guinean law.

Human Rights Watch, in December 2012, identified several key benchmarks the Guinean government should meet to support the panel to complete its investigation. They include ensuring the judges have adequate resources and security; establishing a witness and victim protection program; and resolving a two-year-old request to the government of Burkina Faso to interview Guinea’s former president, Dadis Camara, who is living in that country.

The report also urged the government to place suspects on leave from government posts – namely Col. Moussa Tiégboro Camara and Lieutenant Colonel Pivi – where there is a risk they could interfere with the investigation. This is especially important given the prominent role members of the military have played in Guinean society.

On October 14, 2009, the International Criminal Court (ICC) Office of the Prosecutor confirmed that the situation in Guinea was under preliminary examination – a step that may or may not lead to the opening of an investigation. The ICC has closely monitored the situation and played a pivotal role in keeping accountability on the government’s agenda, and fostering progress by regularly visiting Guinea and talking with the local media.

“Victims in Guinea are desperate to see justice for the heinous crimes of September 28, 2009, and the days immediately following,” Keppler said. “Fair investigation and prosecution are essential to bring redress to the victims and to signal a definitive end to longstanding impunity for abuses by members of the security services.”