{"id":132587,"date":"2024-05-30T10:16:05","date_gmt":"2024-05-30T08:16:05","guid":{"rendered":"https:\/\/www.justiceinfo.net\/?p=132587"},"modified":"2024-05-30T10:18:14","modified_gmt":"2024-05-30T08:18:14","slug":"ndele-first-trial-central-african-republic","status":"publish","type":"post","link":"https:\/\/www.justiceinfo.net\/en\/132587-ndele-first-trial-central-african-republic.html","title":{"rendered":"At Nd\u00e9l\u00e9\u2019s first trial, in the Central African Republic"},"content":{"rendered":"\n<p><strong><strong>On December 5, 2023, the Special Criminal Court (CPS), a UN-backed hybrid tribunal based in Bangui, opened its second trial, devoted to the so-called \u201cNd\u00e9l\u00e9 1\u201d case, a conflict between communities that claimed the lives of over 80 people between March and April 2020. Four of the ten defendants are present and have started being questioned.<\/strong><\/strong><\/p>\n\n\n\n<!--more-->\n\n\n\n<p>When the trial opened on December 5, 2023, only three of the ten d\u00e9fendants prosecuted in this case by the <a href=\"https:\/\/www.justiceinfo.net\/en\/tag\/special-criminal-court\">Special Criminal Court (CPS)<\/a> were present. Another accused was found a week later, after an ultimatum from the CPS. Since then, these four defendants - Azor Kalite, Charfadine Moussa, Antar Hamat and Oscar Wordjonodroba - have appeared before the Court to answer charges of war crimes and crimes against humanity.<\/p>\n\n\n\n<p>The events in Nd\u00e9l\u00e9 are characterized by inter-community conflicts between Goula and Rounga factions of the Popular Front for the Rebirth of the Central African Republic (Front populaire pour la renaissance de la Centrafrique - FPRC). These two ethnic groups - the majority Goula claiming to be the \u201cmasters\u201d of the minority Rounga - joined forces within the S\u00e9l\u00e9ka rebellion to seize power in 2013. After 10 months of murderous rule, the S\u00e9l\u00e9ka was pushed out, but as disarmament and reconciliation processes had yet to start, the atrocities ontinued.<\/p>\n\n\n\n<p>Mining, racketing at roadblocks and securing transhumance for money had become sources of income for the rebel groups, which delayed the disarmament process. The desire to control more space and more road barriers created a gap between the two ethnic groups. Their dominant-dominated relationship, which had been abandoned in favour of union within the S\u00e9l\u00e9ka, was to resurface. The atrocities, in particular the targeted assassinations of members of one group and the reprisals that followed, created a split between the two ethnic groups, particularly among members of the FPRC, a rebellion whose strongholds include Nd\u00e9l\u00e9 in Bamingui-Bangoran, Bria in Haute Kotto and Birao in Vakaga.&nbsp;<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"h-three-deadly-attacks-and-more-than-80-dead\">Three deadly attacks and more than 80 dead<\/h2>\n\n\n\n<p>As part of this first part of the trial into the events in Nd\u00e9l\u00e9, the special prosecutor\u2019s office stated that there had been a total of three clashes in the town of Nd\u00e9l\u00e9 and the surrounding areas on 6 March, March 11 and April 29, 2020. According to the prosecution, the two factions of the FPRC, Goula and Rounga, clashed in urban areas.<\/p>\n\n\n\n<p>These attacks and reprisals caused collateral damage: at least 15 civilians were killed during the first attack, attributed to the Rounga faction, and around thirty houses were burnt down. The death toll was higher during the second confrontation, again triggered by the Rounga faction, according to witness statements collected by the public prosecutor's office: 37 civilians were killed and around a hundred houses burnt down, while residents were forced to flee the area. The third attack, described as a Goula reprisal, was just as deadly, with 29 people killed and around a hundred houses and businesses burnt down. As the public prosecutor\u2019s office continues to register civil parties, the number of victims could be revised upwards.<\/p>\n\n\n\n<p>The main accused is Azor Kalite, arrested in May 2020 by the forces of Minusca, the United Nations mission in the Central African Republic. As perpetrator, co-perpetrator, accomplice and military commander, he is accused of having committed crimes against humanity (murder, inhuman acts, persecution) in the town of Ndel\u00e9 on April 29, 2020. The three other detainees, Charfadine Moussa, Antar Hamat and Oumar Oscar Wodjonodragba, are accused of the same acts. Among the war crimes listed, the indictment mentions intentional homicide, attacks on the health and physical or mental well-being of persons, in particular cruel treatment such as torture, mutilation or any form of corporal punishment, attacks on the civilian population of Nd\u00e9l\u00e9 and pillaging.<\/p>\n\n\n\n<p>On 16 April, after more than two months\u2019 suspension due to a strike by Central African lawyers protesting against the arrest of one of their own, the CPS resumed hearings in the so-called Nd\u00e9l\u00e9 1 case. On the agenda were the reading of the minutes of the absent witnesses and the hearing of two members of the government as witnesses: Herbert Gontran Djono Ahaba, Minister of Transport and former leader of the rebel movement Rassemblement patriotique pour le renouveau de la Centrafrique (RPRC), and Gilbert Toumou Deya, deputy Minister in charge of Disarmament and leader of the rebel group Mouvement des lib\u00e9rateurs centrafricains pour la justice (MLCJ). Abdoulaye Iss\u00e8ne, the chief of staff of the FPRC, detained in connection with the Nd\u00e9l\u00e9 2 case, which is still under investigation, was also due to be heard.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"h-absent-witnesses-and-material-evidence\">Absent witnesses and material evidence<\/h2>\n\n\n\n<p>The judges read the minutes of about ten witnesses. According to some, there had been three attacks, according to others six, including three carried out by the Goula and three by the Rounga and their allies.<\/p>\n\n\n\n<p>As for the perpetrators of the attacks, several names appeared in the witness statements presented by the prosecution. Witness No. 32 stated that Kalite was the leader of the Goula, that he had not taken part in the first two battles on March 6 and March 11, 2020, but that he had organised and taken part in the last attack on April 29, 2020. Witness No. 36 said that the Rounga faction of the FPRC was led by three men, Abdel Aziz, Abakar B\u00e9l\u00e9 and Assane, the FPRC Chief of Staff in Nd\u00e9l\u00e9. On the Goula side, he mentioned Ata\u00efr Idriss, Lolo, Ramadan and General Facher. The latter was prosecuted, but did not take the stand.<\/p>\n\n\n\n<p>Witness No. 41, who stated that he had participated in the burial of 29 bodies in a mass grave, named Youssouf, the former FPRC commander in Nd\u00e9l\u00e9, as the leader of the attack on March 6, 2020.<\/p>\n\n\n\n<p>The defendants wished to cross-examine the absent witnesses, whose statements had been read to them, but the court stated that they could not be found at the moment... This prompted a reaction from the defence, which believes the accused have the right to question those who testify against them. These witnesses are no longer at the same addresses and \u201csome of them have even died\u201d, said Alain Tolmo, first national deputy of the special prosecutor. The prosecution emphasised that the option of reading the minutes of absent witnesses was taken at the pre-trial hearing.<\/p>\n\n\n\n<p>Aside these testimonies, the prosecutor\u2019s office presented several exhibits, some collected at the crime scenes, others seized after the suspects were arrested. The Minusca forensic police found seven weapons of war, ammunition, bullet cases, mobile phones, a Thuraya satellite phone, a radio receiver, banknotes, a report card, a birth certificate, photo cards, knives of various brands, and packaged tablets (including Valium and Tramadol, according to the prosecution).<\/p>\n\n\n\n<p>In addition, there were photographs of lifeless bodies taken just after the massacres, images of the ruins of burnt-out houses, mass graves and victims\u2019 graves. The prosecution also projected images of the defendants filmed during meetings where the peace agreements were signed. The defence did not wish to comment on the presentation of these exhibits.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"h-issene-s-silence-and-kalite-s-story\">Iss\u00e8ne\u2019s silence and Kalite\u2019s story<\/h2>\n\n\n\n<p>Arrested last September in connection with the so-called \u2018Nd\u00e9l\u00e9 2\u2019 case, Abdoulaye Iss\u00e8ne, the FPRC\u2019s military leader, has been called several times by witnesses and defendants in the Nd\u00e9l\u00e9 1 trial. The court therefore decided to call him to the stand. After three refusals to appear before the judges, Iss\u00e8ne finally did so on April 29, 2020. From the outset, the judges asked Iss\u00e8ne to explain what he knew about the case. \u201cI am a son of Nd\u00e9l\u00e9, but I was not in Nd\u00e9l\u00e9 at the time of this event. I\u2019ve been in Bangui since 2016. So I cannot give you any clarification on an incident that occurred in my absence,\u201d he said, according to a report broadcast on <a href=\"https:\/\/www.radiondekeluka.org\/\" target=\"_blank\" rel=\"noreferrer noopener\">Radio Ndeke Luka<\/a>, before adding: \u201cI hold state secrets. I cannot be questioned like that in public.\u201d And despite the president of the Court\u2019s insistence, he would not say another word. After a recess requested by his lawyer, Iss\u00e8ne chose to remain silent. \u201cI cannot testify against people with whom I sleep and eat,\u201d he said. As for the two members of the government who had been announced as witnesses, they did not turn up to testify, which was deplored by all the parties to the trial.<\/p>\n\n\n\n<p>On 6 May, the judges began questioning the defendants. Azor Kalite was the first to take the stand. In his orange prison uniform numbered \u20180001C\u2019, with an interpreter at his side, Kalite appeared serene. He contemplated and touched his toes during the questions and stared at the judges when he answered. From the outset, he indicated that he had not signed the minutes of his hearing conducted by Minusca judicial police officers. The issue led to a lengthy debate, but did not prevent the progress of the questioning. Kalite, who spoke in French, initially denied having been a member of an armed group and claimed to have been sent to \u2018supply\u2019 the population in difficulty in the absence of a humanitarian corridor, in the aftermath of the attacks on March 11, 2020. \u201cAt the time of the events, I was the regional coordinator of the disarmament operation under the February 6, 2019 agreement between the government and the armed groups,\u201d he claimed. \u201cYou can only take part in disarmament if you are a member of an armed group,\u201d replied back the deputy special prosecutor, Romaric Kpangba. \u201cI was not in Nd\u00e9l\u00e9 during these murderous events,\u201d Kalite said. But the prosecution produced a telephone boundary map showing that the accused was in the vicinity of Nd\u00e9l\u00e9 during the attack on April 29, 2020. However, for Fleury Hotto, Charfadine Moussa\u2019s lawyer, there is a difference between the statement obtained by requisition from the telephone operator and the expert report ordered by the investigating magistrate\u2019s office.<\/p>\n\n\n\n<p>Continuing his explanation, Kalite said that it all began on July 14, 2019 during a routine check on a roadblock at Amdafock, in the Vakaga, by a faction of the FPRC Rounga on an individual of Kara ethnicity. During this check, he said, a batch of hunting cartridges was found and confiscated by the FPRC Rounga. When negotiations to give back the cartridges failed, ethnic conflicts resurfaced between the Rounga and their Sara allies on one side, and the Kara and Goula on the other side. Fighting in the villages of Amdafock and Terfel on August 29, 2019 left several attackers dead.<\/p>\n\n\n\n<p>Kalite also talked about several attacks suffered by his Goula community. In particular, he mentioned the Nzako attack on the Goula community under the command of Mahamat Sallet. According to him, Sallet took hostage and raped his nieces, 16-year-old twins, and kidnapped several women from the Goula community in the town of Nzako to use them as sex objects for his men.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"h-abdoulaye-issene-the-alpha-and-omega-of-the-ndele-attacks\">Abdoulaye Iss\u00e8ne, the \u201calpha and omega\u201d of the Nd\u00e9l\u00e9 attacks?<\/h2>\n\n\n\n<p>Kalite also mentioned an attack on Goula villages by Sudanese Arabs. \u201cI was on my way to Ndifa to mourn my older brother who died after being shot in the attack. When I arrived in Ndifa, the town was besieged by Sudanese Arabs, assisted by Rounga who were demanding the sum of 120 million CFA francs [180,000 euros] in compensation for their nationals murdered in the Goula villages,\u201d he recalled. \u201cIn view of the various problems the Goula community faced, a meeting was called to discuss them in Tiringoulou. It was at this meeting that I was appointed to go to Nd\u00e9l\u00e9 and meet the authorities to ask the fighters to cease hostilities,\u201d he continued. \u201cWhen I arrived, the authorities were absent and the Minusca would not listen to me or hear from me. When my mission failed, I decided to turn back, and that\u2019s when I was arrested by a contingent of the Minusca, then brought back to Bangui after interrogation, where I\u2019ve been held for four years.\u201d<\/p>\n\n\n\n<p>When asked about the nature of his relationship with FPRC leader Abdoulaye Iss\u00e8ne, Kalite replied: \u201cHe is the alpha and omega of everything that happened in Nd\u00e9l\u00e9.\u201d The accused claimed that he has never returned to the town of Nd\u00e9l\u00e9 because of Iss\u00e8ne who, according to him, is responsible for eleven attacks in Birao and is at the heart of the crisis in Nd\u00e9l\u00e9. \u201cI\u2019m in the process of serving four years in prison, while the real culprits are there, in Nd\u00e9l\u00e9, and come to Bangui from time to time,\u201d he concluded. \u201cAnd finally, I didn\u2019t need to come all the way to Nd\u00e9l\u00e9 to kill the Rounga. I crossed villages and, on the road, I was caming across Rounga and Sara people. In my own house, there are at least three Rounga in my charge whom I have not killed.\u201d<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"h-antar-hamat-s-weapon\">Antar Hamat\u2019s weapon<\/h2>\n\n\n\n<p>In the same vein as Kalite, Antar Hamat recounted that he came to Ndiffa for his uncle\u2019s funeral and it was during this trip that the events in Nd\u00e9l\u00e9 took place. He said that he had been chosen to bring food to the family, which had been affected by the violence in Nd\u00e9l\u00e9. \u201cWe left Nd\u00e9l\u00e9 for Ouadda with my co-defendants on May 19, 2020. On the way, we came across Minusca units with 14 vehicles. They stopped us, handcuffed us and blindfolded us,\u201d he said. \u201cThe next day, they called me to go and sign a paper, which I did.\"<\/p>\n\n\n\n<p>Hamat explained that there were five of them who set off from Tiringoulou, each on a motorbike, and that he was the only one armed. The accused stated that he had learnt to handle weapons on the job, and that he had obtained the weapon in Tiringoulou for his own safety. \u201cHowever, in the official report, you said that you obtained the weapon in Bria?,\u201d asked the deputy prosecutor, Tolmo. Hamat\u2019s lawyer, Claudine Bagaza, retorted that her client \u201chad already admitted to being armed because of the insecurity in the region.\u201d \u201cAll the witnesses agree that the entire population is armed in this area,\u201d she said.<\/p>\n\n\n\n<p>The other two defendants are awaiting questioning. They are due to be followed by closing arguments. Before it was delayed by the lawyers\u2019 strike, this first trial on the events in Nd\u00e9l\u00e9 was due to last 45 days. It is now likely to last longer than expected. Created in 2015 with the support of the UN, the CPS began its first investigations in 2018 and <a href=\"https:\/\/www.justiceinfo.net\/en\/108356-central-african-republic-special-criminal-court-first-judgment.html\">a first trial<\/a> was held in 2022 to try three members of the armed group 3R (Return, Reclamation and Rehabilitation), who were found guilty of crimes committed in the villages of Koundjili and Lemouna, in the north-west of the country, on May 21, 2019.<\/p>\n\n\n<div class=\"articleLink articleLink--editorRecommanded articleLink--textInImage articleLink--textTop\" style=\"\">\r\n\t\t\t\t\t\r\n\t\t\t<div class=\"articleLinkSurTitle\">Recommended reading<\/div>\r\n\t\t\t<a class=\"articleLinkImageLink\" href=\"https:\/\/www.justiceinfo.net\/en\/129715-reparations-special-criminal-court-pragmatism.html\"><div class=\"articleLinkImageContainer \"><img loading=\"lazy\" decoding=\"async\" width=\"540\" height=\"360\" src=\"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Centrafrique_proces-Cour-penale-speciale_@Barbara-Debout-AFP-540x360.jpg\" class=\"articleLinkImage backgroundImageTag w-100 wp-post-image\" alt=\"In the Central African Republic, the Special Criminal Court (SCC) is expected to decide reparation for victims. Photo: First trial of the Special Criminal Court in Bangui, in 2022.\" srcset=\"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Centrafrique_proces-Cour-penale-speciale_@Barbara-Debout-AFP-540x360.jpg 540w, https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Centrafrique_proces-Cour-penale-speciale_@Barbara-Debout-AFP-1000x667.jpg 1000w, https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Centrafrique_proces-Cour-penale-speciale_@Barbara-Debout-AFP-1110x740.jpg 1110w, https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Centrafrique_proces-Cour-penale-speciale_@Barbara-Debout-AFP.jpg 1200w\" sizes=\"auto, (max-width: 540px) 100vw, 540px\" \/><\/div><\/a>\r\n\t\t\t<a href=\"https:\/\/www.justiceinfo.net\/en\/129715-reparations-special-criminal-court-pragmatism.html\" class=\"articleLinkTitle articleLinkTitle--default\">\r\n\t\t\tReparations: Special Criminal Court opts for pragmatism\r\n\t\t<\/a>\r\n\t\t\r\n\t\t\t\t<\/div>\n","protected":false},"excerpt":{"rendered":"<p>On December 5, 2023, the Special Criminal Court (CPS), a UN-backed hybrid tribunal based in Bangui, opened its second trial, devoted to the so-called \u201cNd\u00e9l\u00e9 1\u201d case, a conflict between communities that claimed the lives of over 80 people between March and April 2020. Four of the ten defendants are present and have started being [&hellip;]<\/p>\n","protected":false},"author":119,"featured_media":132582,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[565],"tags":[2653,3077,2778,2683],"ji_location":[2165],"class_list":["post-132587","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-mixed-tribunals","tag-crime-against-humanity","tag-special-criminal-court","tag-united-nations-un","tag-war-crime","ji_location-central-african-republic"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v25.3.1 (Yoast SEO v25.3.1) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>At Nd\u00e9l\u00e9\u2019s first trial, in the Central African Republic<\/title>\n<meta name=\"description\" content=\"In the so-called \u2018Nd\u00e9l\u00e9 1\u2019 trial, the Special Criminal Court (CPS) is trying an inter-community conflict that claimed the lives of more than 80 people in 2020. 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