Guinea Under Martial LawIn the wake of the violence that exploded after the nomination of Eugène Camara as prime minister, President Conté signed a decree on the evening of February 12, 2007 declaring a state of siege.125 In addition to handing significant powers to the military, the decree banned all demonstrations and public gatherings and imposed at 20-hour-per-day curfew.126 It also authorized the military to detain or put under house arrest anyone deemed to present a danger to public security; to conduct searches of private property for weapons and monitor all means of communication without a warrant; and to exercise draconian restrictions on the media.127 House-to-House SearchesFollowing the declaration of martial law the military used its search powers to go house-to-house though neighborhoods in Conakry such as Hamdallaye and Bambeto.128 These searches were ostensibly to recuperate the stolen arms that had been illegally seized from police and gendarme stations and the private homes of members of the military during the chaos that erupted after the nomination of Eugène Camara. However, Human Rights Watch interviewed scores of individuals who alleged that in the course of these searches, the military, most notably the Red Berets, engaged in behavior with no possible military or security justification, including theft, assault, murder, and in isolated cases, rape. One woman from Hamdallaye described the search of her house by soldiers on February 14, 2007:
A businessman in the same neighborhood told Human Rights Watch that on the morning of February 14, a group of soldiers fired their guns at his front gate, broke into his home, and robbed his family at gunpoint, taking cash, jewels, and electronics equipment valued at approximately $20,000.131 A foreign diplomat told Human Rights Watch that on February 13, his house was forcefully entered and ransacked by a group of eight Red Berets, who stole three cell phones and beat his nephew with a club in front of him and a Red Beret captain.132 Another victim interviewed by Human Rights Watch reports that on February 13, she was caught by two Red Beret soldiers while cooking rice for her family and was gang raped:
The rape victim told Human Rights Watch that her family reported the incident to a member of the Red Berets, who came to the house to investigate:
At least one other case of rape by security forces appears to have occurred during the state of siege in the same neighborhood.135 CurfewThe curfew imposed by the martial law decree of February 12, 2007 originally allowed circulation only between the hours of 4 p.m. and 8 p.m., but was relaxed starting February 14 to allow circulation between noon and 6 p.m.136 The shifting hours of curfew during the first days under martial law appeared to cause confusion among a number of witnesses interviewed by Human Rights Watch, potentially placing them in a dangerous position vis-à-vis security forces. Although the martial law decree said nothing about the penalty for being found outside during curfew, in practice the consequences for those found outside could be serious. One man suffering from paralysis in one leg told Human Rights Watch that he was beaten by Red Berets after being found outside during curfew, after all of his neighbors were able to escape on foot.137 Human Rights Watch interviewed two victims, girls of 13 and 18, who report that they were shot by security forces on February 13 at approximately 3:30 p.m.138 Other victims interviewed by Human Rights Watch report being shot by security forces even though they were outside during permitted hours of movement. One victim, a boy of 13, described being shot by police on February 15 around four in the afternoon:
Other witnesses report that the military seemed less interested in whether they were circulating inside or outside of curfew than in robbing them of their valuables. Two witnesses, drivers of a heavy-transport truck making its way to Conakry from Nzérékoré carrying large quantities of palm oil told Human Rights Watch that they were robbed and assaulted by two groups of soldiers, both inside and outside of curfew, on February 13. The military authorized them to leave Coyah, about ninety kilometers from Conakry, at 4 p.m.:
The driver and his assistant told Human Rights Watch that around midnight yet another group of soldiers approached the truck, ordered the drivers two assistants to hand them 20 jerry cans of palm oil, and then fired a single shot point-blank, hitting one of the assistants, Ibrahim Bah, in the neck, before driving away. Mr. Bah died several minutes later.143 Stray Bullets and Reckless FireIn the course of the six-week crisis period, security forces shot countless bullets into the air in an attempt to disperse crowds. In many instances, security forces fired bullets into the air even when there were no visible crowds to disperse, presumably in an attempt to frighten demonstrators into remaining in their homes.144 Situated on a narrow peninsula, land in Conakry comes at a premium, and the city is very densely populated. It was therefore entirely predicable that many of the bullets fired into the air would hit unintended targets when they fell back to earth. Human Rights Watch interviewed several victims of stray gunfire, including a 34-year-old Koranic school teacher who reports that a bullet pierced the roof of his home and hit him in his left breast while he was sleeping on January 17.145 Another victim told Human Rights Watch that she was wounded by a stray bullet that entered her back as she bent over to wash clothes on February 13. She was six-months pregnant at the time.146 One Conakry mother of a 4-year-old child told human rights watch that on February 13 she awoke to find that a bullet had pierced her roof and struck her child in the leg.147 A man in the Conakry suburb of Matoto described the death of his four-year-old niece by a stray bullet:
Other victims interviewed by Human Rights Watch were injured by what can only be described as undisciplined and reckless fire. One victim, a mother of 41, described how on February 14, she ran inside her house with her children when she saw a group of six to eight Red Berets approaching:
In another incident of reckless fire, two shooting victims described how on February 11, security forces in a white pickup traveling in advance of a passing convoy they believed to be the presidential cortege sprayed bullets as they traveled through the Conakry commune of Ratoma, presumably in an attempt to clear the road of would-be demonstrators before the arrival of the motorcade. Both victims told Human Rights Watch that they were shot while drinking tea at a restaurant located behind a large metal shipping container, some five meters off the main road.150 Intimidation and Arrest of JournalistsImmediately before and after the declaration of martial law journalists interviewed by Human Rights Watch report that they were threatened, attacked, arrested, and beaten by government agentsin particular the Red Beretswhile attempting to report the news. Guineas new private radio stations,151 in particular, appeared to be singled out for abuse by the military. In the afternoon of February 12, 2007, two of Guineas most popular private radio stations were besieged by the Red Berets. Witnesses interviewed by Human Rights Watch described an attack on the studio of FM Liberté by a group of 10 Red Berets who ransacked the station, picking up computers and throwing them to the ground, cutting wires with knives, and smashing other equipment with chairs.152 Two of the stations employees were arrested and held for three days in a military prison before being released.153 One of them told Human Rights Watch that Red Berets beat, kicked, and spat on him, and put out a cigarette on his neck.154 Both employees told Human Rights Watch that the Red Berets accused them of inciting the population to rebellion. FM Liberté employees reported that prior to their arrest they were taking live phone calls from their journalists stationed around Conakry who were reporting on conditions in their area. FM Liberté did not resume broadcasting until late March 2007. A second private radio station, Radio Familia, reported receiving an anonymous tip that same afternoon to leave the station:
Radio Familia did not resume broadcasting until after some days after the state of siege had ended. In the weeks that followed, Radio Familia reports that the National Communication Council (Le Conseil National de la Communication, CNC), the independent regulatory organ for the media in Guinea, accused the station of discussing issues outside the scope of a community radio station and threatened to revoke its license.156 Radio Familia maintains that coverage of the strike is relevant to the community it serves.157 In addition to private radio stations, correspondents for both the international and local news media told Human Rights Watch that they had been physically harassed at the Conakry airport while trying to cover the arrival of different foreign presidents who came to Guinea in an attempt to mediate the crisis.158 An international media correspondent told Human Rights Watch that during the state of siege, a group of Red Berets came and shot at the wall in front of his house in what he perceived to be an attempt at intimidation.159 Even after the martial law crisis ended, Red Berets have continued to harass and abuse journalists. A journalist from one of Guineas private radio stations told Human Rights Watch that on March 13, 2007 a Red Beret struck him and tried to prevent him from covering the arrival of President Wade from Senegal, telling the journalist, Only RTG [state media] is allowed here.160 On March 27, 2007, a member of the presidential guard reportedly attacked a journalist from a privately owned newspaper and damaged his camera. The journalist had gone to the headquarters of the ruling party, the PUP, to cover a news conference, and attempted to take a picture of President Conté while he was addressing the conference.161 Resolution of the Martial Law CrisisUnder Article 74 of Guineas constitution, while the president may declare a state of siege for up to 12 days, any extension beyond 12 days must be approved by the National Assembly.162 As the state of siege neared its expiry date of February 23, President Conté requested the National Assembly to extend it, and on state radio General Kerfalla Camara, the head of Guineas army, ordered Guinean citizens to return to work, putting the military on a possible collision course with the trade unions.163 In a surprise move, however, the National Assemblycomposed nearly entirely of members of the ruling PUP party,164 and usually considered to lack independence from the executive branch of governmentvoted unanimously against the extension.165 In explaining the historic vote, one PUP deputy told Human Rights Watch that he felt that the state of siege was simply no longer necessary to prevent vandalism.166 With support within his ranks crumbling, and rumors of discontent and schism in the military,167 Conté agreed to name a new prime minister from a short-list provided to him by the trade unions several days later. On Feb 27, Lansana Kouyaté, a diplomat, and one of the names proposed by the unions, was named prime minister. Soon after, the trade unions once again suspended the strike.168 125 Under Article 74 of Guineas constitution, the president may declare a state of siege by sending notice to the president of the National Assembly and the Supreme Court. Law No 91/016/CTRN of December 23, 1991, Relating to States of Emergency and States of Siege, provides that a state of siege may be declared in case imminent peril to the internal or external security of the State. Under Article 16 of Law no 91/016/CTRN, when such a declaration is made, powers normally conferred to civil authorities for the maintenance of public order are transferred to military authorities. Under most common law jurisdictions, a state of siege would be referred to as martial law. Conversely, martial law is a term that does not exist in the nomenclature of Guinean law. Human Rights Watch interview with the president of the Guinean bar association, Boubakar Sow, Conakry, March 16, 2007. 126 The curfew, which originally allowed circulation only between the hours of 4 p.m. and 8 p.m. was subsequently relaxed in two stages until circulation was allowed for 12 hours per day. 127 Under the decree, the military was permitted to take any suitable measures to ensure the control of the press and publications of any nature, as well as radio or television broadcasts 128 Often counted among Conakrys quartiers chauds or hot neighborhoods, Hamdallaye and Bambeto are often seen by residents and non-residents alike as hotbeds of the political opposition. These and other quartiers chauds tended to produce robust turnout for marches, rallies and other strike related activities throughout the six-week crisis period. 129 The Peuls, also known as the Fulani, comprise Guineas largest ethnic group, forming approximately 40 percent of the population, and are the dominant ethnic group in middle Guinea. The majority of residents in some of the suburbs of Conakry that were hardest hit by security forces during the six-week crisis period, such as Hamdallaye and Dar-Es-Salam, are Peul. The language of the Peuls is called Pulaar. Sousou is the name of both an ethnic group and a language dominant in Guineas lower coastal regions. 130 Human Rights Watch interview with eyewitness, Conakry, March 16, 2007. 131 Human Rights Watch interview with eyewitness, Conakry, March 16, 2007. 132 Human Rights Watch interview with eyewitness, Conakry, March 17, 2007. 133 Human Rights Watch interview with victim, Conakry, March 14, 2007. 134 Human Rights Watch interview with victim, Conakry, March 14, 2007. The Guinean government continues to maintain that criminals dressed up as soldiers committed abuses against civilians during the unrest. Saliou Samb, Guinea Hunts Army Imposters Who Robbed Civilians, Reuters, March 21, 2007. 135 Human Rights Watch interviews with neighborhood residents, Conakry, March 14, 2007. 136 On February 19, the curfew was further relaxed, permitting circulation between the hours of 6 a.m. to 6 p.m. 137 Human Rights Watch interview with eyewitness, Conakry, March 14, 2007. 138 Human Rights Watch interviews with victims and eyewitnesses, March 1, 2007. 139 A neighborhood in Conakrys outlying suburbs. 140 Human Rights Watch interview with eyewitness, Conakry, March 14, 2007. 141 VA stands for Véhicule Administrative, or Administrative Vehicle. Many Guineans joke that it actually stands for Voleur Autorisé, or Authorized Thief. 142 Human Rights Watch interviews with truck driver and apprentice driver, Conakry, March 16, 2007. 143 Human Rights Watch interviews with truck driver and apprentice driver, Conakry, March 16, 2007. Human Rights Watch saw a photo of the assistant who was killed and an entry/exit wound from the neck through the chin, was clearly visible. 144 Human Rights Watch interviews with multiple eyewitnesses, Conakry, January, February, and March 2007. 145 Human Rights Watch interview with victim, Conakry, January 29, 2007. 146 Human Rights Watch interview with victim, Conakry, March 15, 2007. The victim showed Human Rights Watch an x-ray in which a bullet lodged between the ribs, about one inch from her spine, was clearly visible. According to the victim, her doctor told her he cannot operate until her baby is delivered. 147 Human Rights Watch interview with eyewitness, Conakry, March 16, 2007. After three attempts, medical personnel were finally able to find and extract the bullet. 148 Human Rights Watch interview with eyewitness, Conakry, February 6, 2007. 149 Human Rights Watch interview with eyewitness, Conakry, March 16, 2007. 150 Human Rights Watch interview with victims, Conakry, March 15, 2007. 151 For more information on the creation of Guineas first private radio stations, see above, Intimidation of the Media During the First Weeks of the Strike and Other Restrictions on Communication. 152 Human Rights Watch interviews with journalists, Conakry, March 15 and 16, 2007. 153 Human Rights Watch interviews with journalists, Conakry, March 15 and 16, 2007. 154 Human Rights Watch interviews with journalists, Conakry, March 16, 2007. 155 Human Rights Watch interview journalist, Conakry, March 14, 2007. 156 Human Rights Watch interview with Radio Familia journalist, Conakry, March 14, 2007. 157 Human Rights Watch interview with Radio Familia journalist, Conakry, March 14, 2007. 158 Human Rights Watch interviews with correspondents for international and local news media, Conakry, February 15 and 16, 2007. 159 Human Rights Watch interview with a correspondent for international news media, Conakry, February 16, 2007. 160 Human Rights Watch interview with journalist, Conakry, March 14, 2007. Human Rights Watch also listened to a recording of the soldiers statement. 161 Guinea: Journalist Attacked By Presidential Guard, Party Supporters, Media Foundation for West Africa, Press Release, March 30, 2007. 162 Constitution of the Republic of Guinea (la Loi Fondamentale), Title V, Article 74. 163 Saliou Samb, Guinea on Edge After Army Orders End to Strike, Reuters, February 24, 2007. 164 Out of 114 members, 95 are members of the PUP. Human Rights Watch interview with member of the National Assembly, Conakry, March 17, 2007. 165 Human Rights Watch interview with member of the National Assembly, Conakry, March 17, 2007. This was the first time the National Assembly had ever rejected a Conté initiative. 166 Human Rights Watch interview with member of the National Assembly, Conakry, March 17, 2007. 167 During this same period of time, a tract circulated within the army threatening that an unfortunate situation could arise unless pay and rank increases were given to members of the military. The tract being distributed was entitled Alert Pacific, negligence des sous-officiers et homes du rang dans les nominations, and made allusion to the events of 1996, where demands for better pay spawned a mutiny and attempted coup détat that destroyed Presidential offices and killed several dozen Guineans. 168 Human Rights Watch interview with union leader, Conakry, March 15, 2007. |