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Guinea Under Martial Law

In 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 Searches

Following 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:

The ones who did this were dressed in camouflage with red berets. When they arrived we all ran into our rooms. I told my children [12, 13 years] to hide under the bed and then I went back to the door, which I’d locked. Soon, they started banging on the door and saying, “Open up you dogs, you bastards, get out, get out!” They were speaking in French, Sousou and a little Pulaar.129 My door is quite strong and it took them a while to break it down but they finally did. Then five or six of them rushed inside. I can’t remember the number; I was so afraid I’d kind of lost my head. When they got inside they were really angry and when they saw me hiding in the bedroom one grabbed me, threw me up against the wall and stuck his rifle into my neck. He was leaning against me pushing my head into the wall so that the others could get to work rifling through our things. They opened all the drawers, lifted up the mattresses and eventually found all the money: 400,000 francs [Guinean francs, about US$67] hidden in a mattress, 25,000 francs [Guinean francs, about US$4] in another place and my watch. As I was standing there with the gun at my neck my cloth wrap fell down, exposing my body, but he didn’t touch me. While this was going on I kept saying, “Sorry, please…Allah, Allah.” When the others were done, he let me go and then whacked me hard on the arm with his gun.130

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:

That morning, we had heard shots fired all over, so nearly everyone was shut inside their homes, but I thought that because I am a woman, I could stay outside just cooking my rice without being bothered by the soldiers. Sometime between noon and 1 p.m., though, two soldiers burst in to the yard. They were wearing red berets and green uniforms, and were armed with guns. They were young, less than thirty years old. They told me to give them money, but I explained that I didn’t have any.  Then one of them said, “You are the ones opposed to the government.  This time, we’re going to kill all of you.” I could hear other soldiers in the vicinity knocking on neighbors’ doors and firing their guns in the air. I offered my rice to them if they would leave me alone, but they said, “We don’t care about rice. We already have that.” At that point, one of them struck me on the nape of the neck with his rifle butt and bent my arm back to push me into a nearby room. Inside, one of them slapped me and I was knocked to the bed. They told me to undress and one of them fired his gun out the window to scare me. Then one of them ripped off my cloth wrap while the other spread my legs apart. One of them raped me while the other one guarded the door. When the first finished, the second came and the first acted as guard. Before the second finished, I had almost lost consciousness. I was terrified, but at a certain point, I just wanted to die. I was exhausted from fear and I was sure that they would shoot me when they finished. But they didn’t. They fired in the air three times before leaving. After they left, I kept screaming until the neighbors came, who immediately went and told the imam nearby what had happened. The imam went out to the main road where a military truck was parked. He told the soldier in charge, “Now they are even raping our daughters!” But the soldier said, “We don’t give a damn.”133

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:

The Red Beret who came said they were doing inspections in the neighborhood because there were people wearing military uniforms going around doing bad things, but who were not members of the military. However, I don’t believe that explanation because my neighbors saw the soldiers who invaded our neighborhood arrive that day in a military vehicle on the main road not far from my house. They can’t claim that criminals stole military uniforms and military vehicles.134

At least one other case of rape by security forces appears to have occurred during the state of siege in the same neighborhood.135

Curfew

The 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:

There were six of us boys sitting on the rocks outside the house overlooking the main road. Three of them were my age, but the others were our younger brothers. We were telling stories about our recent trips back to the village. We had been going out every day at the same time after curfew ended to get outside after being in the house all day.  There weren’t many people out, but there were some people pumping water. We had been sitting out there for a long time when we saw a blue Mercedes coming down the road from Bambeto.139 No other cars were on the road. One of the kids in my group yelled, “The soldiers in that car are aiming at us!” I got up to run, but at that instant two of us were hit, both me and my cousin Mamadou. The bullet hit me on my left arm.140

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 N’zérékoré 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.:

At around 7 p.m. we arrived at the Cosa roundabout in Conakry and I saw a checkpoint of soldiers dressed in camouflage with camouflage helmets who ordered me to stop. Their white pick-up was parked next to them. A few of them told me they were going to seize my truck and take it to a military camp. They told me that I had to give them 500,000 francs [Guinean francs, about US$83]. After a few minutes, I gave them the money, including the 500,000 francs. I knew that if they took me to the camp we’d lose the merchandise and maybe the truck, so I guess it was a small price to pay. After giving them the 500,000 francs they ordered me to give them five jerry cans [25 litters each] of palm oil, which I did. At that moment, a Nissan Pajero four-by-four that was passing by stopped and the soldiers loaded the palm oil into the car. I didn’t see if the driver was a soldier, but noticed that the license began with “VA” which is what official state plates begin with.141 Then, three of the soldiers said they would get in the truck so as to escort me a kilometer or so to the car park. They said they wanted to protect me from any other bad soldiers who might want to steal from me. However, about two or three hundred meters down the road they ordered me to stop, pointed their guns at me and ordered me to give them the rest of my money and more palm oil. I gave them another 200,000 francs [Guinean francs, about US$33] and another three jerry cans of palm oil, at which point one of them shoved a gun at me and ordered me out of the truck. Then the two others searched through the cab of my truck and stole my cell phone and another 100,000 francs [Guinean francs, about US$17]. After this, they fired in the air a few times and told me to go to the garage. By that time, it was past the curfew so my two assistants and I decided to spend the night in the truck. But our troubles weren’t over!142

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 Fire

In 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:

On January 23, I was sitting down on the porch. My niece ran across the courtyard to another house. About half way across, we saw her fall down. At first, we understood nothing. We thought she was having a seizure or something. But when we lifted her head we saw blood all over the ground. There was a hole in the top of her head and we realized it was a stray bullet.148 

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:

After we entered, the Red Berets started beating the door with their guns, ordering all of us to open the doors. One of them shouted at me, “Open this door or I’ll kill all of you.” I was afraid and said, “Don’t shoot. I have children inside. Don’t shoot, let me open.” The door to my house has four different locks so it takes a while to open all of them up. I guess this angered the Red Beret because as I was opening the locks, he fired a bullet through my door and it grazed my right foot.149

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 Journalists

Immediately 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 agents—in particular the Red Berets—while attempting to report the news.

Guinea’s 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 Guinea’s 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 station’s 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:

That day, around 11 a.m., we were airing a program featuring listener call-ins. The theme was, “what do you think of the ransacking by the population? Is this the solution?” There were various opinions expressed by people who called in. Some were saying this isn’t the best method, because we all need what is being broken. Others, the majority, regretted the pillage, but said it was the government’s fault. Around 11:45, I received a call informing me that FM Liberté had been ransacked by the presidential guard. I was panicked. I tried to call the director of FM Liberté, but I didn’t get an answer. Then I received an anonymous call from someone who said that I needed to get out of the station and that I was in danger. I told him that I couldn’t leave my employees alone at the station and he said, “This is your life we are talking about. Soldiers have been sent to FM Liberté and you’re next.” After that phone call, my employees told me we had to shut down the station. So we all jumped into action in a panic, disassembling electronic equipment and sticking it in cardboard boxes that we did our best to hide. We turned off the transmitter and stopped broadcasting. Soon after, about twenty or so Red Berets came and stationed themselves around the building below. I heard them firing in the air. I went out on the balcony and looked down at the Red Berets. One of them yelled, “It’s you who are setting fire to the country, you’ll see!” Then they fired in the air again. The soldiers stayed ten minutes or so before leaving. I was later told by a member of the Red Berets that if we hadn’t stopped broadcasting, it would not have been good for us that day.155

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 Guinea’s 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 Crisis

Under Article 74 of Guinea’s 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 Guinea’s 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 Assembly—composed nearly entirely of members of the ruling PUP party,164 and usually considered to lack independence from the executive branch of government—voted 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 Guinea’s 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 Conakry’s “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 Guinea’s 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 Guinea’s 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 Conakry’s 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 Guinea’s 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 soldier’s 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 d’état  that destroyed Presidential offices and killed several dozen Guineans.

168 Human Rights Watch interview with union leader, Conakry, March 15, 2007.