December 5, 2012

Waiting for Justice

Accountability before Guinea’s Courts for the September 28, 2009 Stadium Massacre, Rapes, and Other Abuses

Summary
Important Steps
Undermining Factors
Insecure Political Landscape
Lack of Judicial Independence
Limited Government Support for Investigation
Legal and Institutional Obstacles
Necessary Steps: Guinea
Necessary Steps: International Community
The Imperative to Act
Recommendations
To the Guinean Government, Particularly the President and Justice Minister
To the Procureur de la République and Procureur Général
To the Panel of Investigative Judges
To the Government of Burkina Faso
To United Nations, Intergovernmental, and Government Partners
(including the Office of the High Commissioner for Human Rights, the United Nations Peacebuilding Fund and Development Program, the European Union, the Economic Community of West African States, the United States, France, Germany, and the Peacebuilding Commission)
To the International Criminal Court Prosecutor
To the United Nations Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict and the Office’s Team of Experts for Rule of Law/Sexual Violence in Conflict
Methodology
I. Background
II. The Need for Justice
III. Steps toward Justice
Establishment and Offices
Victims
Suspects
Investigating Possible Mass Graves
IV. The Need for Greater Progress
V. Challenges to the Investigation’s Progress
An Insecure Political Landscape
Lack of Judicial Independence
Limited Guinean Government Support
Expressed Support for Accountability
Lack of Basic Support and Limited Security for the Panel of Judges
Key Suspects in Government Posts
Outstanding Requests for Assistance
Legal and Institutional Obstacles
Insufficient Protection of Rights of the Accused
Lack of Framework for Protection and Support for Witnesses and Victims
Inadequate Laws
VI. International Partners
The International Criminal Court
The United Nations
The Office of the Special Representative of the Secretary-General on Sexual Violence  in Conflict
The Human Rights Council and the Office of the High Commissioner for Human Rights
Other United Nations Actors
The European Union, the Economic Community of West African States, the United States, France, and Germany
The Peacebuilding Commission
XII. Domestic Constituencies
Acknowledgements