IV. The Need for Greater Progress

Despite important advances, much more remains to be done to achieve fair, effective investigation and prosecution of the September 28 massacre, rapes, and other abuses.

Three years after the crimes and over two years after the appointment of the panel of judges, the pre-trial investigation has yet to be completed. The process has proceeded slowly and a number of key steps are needed to bring the investigation to a close. Meanwhile, some suspects have been in custody more than two years, the legally permissible period for pre-trial detention.[60]

Consistent with Guinean legal procedure, the process of prosecuting those responsible for the September 28, 2009 massacre is divided into two phases: pre-trial investigation and trial.[61] Pre-trial investigation comprises two levels: first, investigation by the investigating judges and second, if appropriate, investigation by the Chamber of Accusation.

The investigating judges are tasked with confirming the identity of suspects and examining the evidence supporting the charges against them. [62] If the investigating judges determine that the alleged offenses qualify as crimes under Guinean law they order the procureur de la république to transfer the case record, along with all evidence, to the Chamber of Accusation. [63]

The Chamber of Accusation conducts a second level of investigation, during which it may order new investigative actions and issue subpoenas, arrest warrants, pre-trial detention orders, and summons to appear.[64] The purpose of this stage is to confirm any charges already brought against alleged perpetrators and determine whether there are sufficient grounds to begin a trial.[65] Should the case proceed to trial, it will go before the court of first instance in matters involving the most serious domestic crimes, known as the cour d’assises.[66] Appeals from the cour d’assises are heard by the Supreme Court.[67]

At time of writing, the process remained within the first level of investigation and the work of the investigative judges had basically ground to a halt between May and September 2012 as the government—and the justice minister in particular—had failed to ensure the judges had basic supplies, equipment, and transport assistance.[68]

Meanwhile, some 100 or more victims await the opportunity to provide statements to the judges, and key officials implicated in the crimes, notably Captain Claude “Coplan” Pivi and Dadis Camara, have yet to be questioned.[69]

Pivi, the current minister of presidential security under the new government, held the same post during the September 28 violence and its aftermath. Human Rights Watch and the International Commission of Inquiry identified Pivi as someone whose role in the crimes should be investigated.[70] According to Human Rights Watch’s investigation, there are conflicting reports as to whether Pivi was present at the stadium on September 28, but many witnesses stated that he participated in the violent crackdown that followed, including attacks on the homes of political opposition leaders.[71]

The ICOI also identified a number of additional individuals who should be investigated as possible suspects.[72] In addition, there are likely many witnesses to the crimes in the security services that are neither suspects nor victims.[73] The judges do not appear to have questioned additional potential suspects, or witnesses who are not suspects or victims, and the judges should question these individuals.

Finally, the judges have not accessed potential mass grave sites or interviewed individuals in the surrounding areas.