VZCZCXRO0119
PP RUEHMA RUEHROV
DE RUEHKH #1422/01 1661214
ZNR UUUUU ZZH
P 151214Z JUN 06
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC PRIORITY 3251
INFO RUCNFUR/DARFUR COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 KHARTOUM 001422 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
AIDAC 
 
STATE FOR AF/SPG, PRM, AND ALSO PASS USAID/W 
USAID FOR DCHA SUDAN TEAM, AFR/SP 
NAIROBI FOR USAID/DCHA/OFDA, USAID/REDSO, AND FAS 
USMISSION UN ROME 
GENEVA FOR NKYLOH 
NAIROBI FOR SFO 
NSC FOR JBRAUSE, NSC/AFRICA FOR TSHORTLEY 
USUN FOR TMALY 
BRUSSELS FOR PLERNER 
 
E.O. 12958:  N/A 
TAGS: PHUM PGOV PREF SOCI KAWC SU
SUBJECT:  DARFUR - POLICE OFFICIAL CONVICTED FOR RAPE 
 
REF:  A.  KHARTOUM 0090, 
      ¶B.  KHARTOUM 0272, 
      ¶C.  KHARTOUM 0308 
 
------------------- 
Summary and Comment 
------------------- 
 
¶1.  (SBU)  On May 3, 2006, West Darfur's El Geneina 
General Court convicted a Central Reserve Police Officer 
for the rape of a 10-year-old girl.  The judge sentenced 
the felon to three years imprisonment and 100 lashes. 
While the verdict and proceedings illustrate the ability 
of West Darfur's courts to adjudicate crimes involving 
sexual and gender-based violence (SGBV), the 
international community should be wary of reading too 
much into the outcome of this case.  The continued 
inability of government authorities to conduct rape 
prosecutions systematically, as evidenced by the West 
Darfur State Prosecutor's initial refusal to take the 
case, remains the most significant impediment to the 
pursuit of justice for survivors of SGBV in Darfur. 
USAID supported the Darfur Lawyers Legal Aid Network that 
helped the victim's lawyer prosecute the case under 
criminal statutes, but such resources cannot be provided 
to every survivor of SGBV in Darfur.  Human rights groups 
estimate that incidents of rape occur on average every 
three to four days, with more than 100 incidents a year 
in South Darfur alone.  Yet, according to the Government 
of National Unity Advisory Council for Human Rights, only 
35 prosecutions with 28 convictions occurred in all of 
Darfur during the past three years.  End summary and 
comment. 
 
-------------------------------------- 
Sexual Violence and Impunity in Darfur 
-------------------------------------- 
 
¶2.  (U) Incidents of rape and other forms of SGBV are 
widespread in Darfur and widely documented in U.S. 
government, UN, and non-governmental organization (NGO) 
reports.  Likewise, Sudanese government authorities have 
consistently demonstrated a lack of ability and will to 
document, investigate, and prosecute cases of rape and 
SGBV per reftels A, B, and C. 
 
¶3.  (SBU) Through the Initiative to Combat Violence 
Against Women (VAW Initiative), USAID and partner 
organizations have worked to prevent rape and SGBV, 
respond to survivor's medical, psychological and economic 
needs, and change the pervading environment of criminal 
impunity and lack of justice for victims.  In supporting 
the Darfur Lawyers legal`Aid Network,USAIE h!s"enabned 
urViwors vo seek redress hN }danfsa cou~ts, Maw8EpQ*defcnli~axtepgjQw il_fcv`\`nB ucQm}bmQ 
Cg}wapi_oC,3wissQbe,re`3itpbswQklteQtsm0~Ht-& neyicjwlRQnYi6eVoAw*wuOdsQ5Q 
-#9.!(0mQl(.e(l1nQ$5QQ+yl Geneina, the state capital of West 
Darfur.  The distance between the victim's home and El 
Geneina posed several logistical challenges, not least of 
which was the transport of the victim and witnesses to 
the courts in El Geneina.  The Office of the U.N. High 
Commissioner for Refugees (UNHCR) was involved in the 
rape case since the initial hearing in December 2005, and 
worked closely with the victim's lawyer to ensure these 
logistical problems were overcome. 
 
¶5.  (U) This case was pursued through "private 
prosecution."  Under article 136 of Sudan's Criminal 
Procedures Act, a private lawyer may request 
authorization from a state prosecutor to prosecute a 
criminal matter.  In this particular incident, the 
victim's attorney filed a request for permission to 
 
KHARTOUM 00001422  002 OF 002 
 
 
criminally prosecute the case with the state prosecutor 
of West Darfur, who subsequently approved the request. 
Since the accused individual was a member of the Central 
Reserve Police (CRP), an armed civil defense force under 
the authority of the Sudanese government, a special 
application to prosecute the accused in a civilian 
criminal court was presented to his commander.  The 
victim's lawyer won approval for this special application 
after several court appearances. 
 
¶6.  (U) Prosecution of this case was finalized in El 
Geneina on May 3, 2006, when the judge handed down a 
decision against the accused.  The judge convicted the 
accused of raping a minor and sentenced him to three 
years imprisonment and 100 lashes.  Sudanese criminal 
procedures permit the defendant to appeal the conviction 
and sentence.  If successful both the conviction and 
sentence could be overturned; however, there is no 
indication that the felon has appealed the decision. 
 
-------------------------------------- 
Factors that Contributed to Conviction 
-------------------------------------- 
 
¶7.  (U) This case marks only the second known conviction 
of a government official for rape in Darfur.  As such, 
the following factors contributed to the successful 
conclusion of this case: 
 
A)  Victim access to a dedicated and experienced private 
lawyer:  In this case, the victim benefited from 
immediate access to the expertise of a lawyer who had 
more than 20 years of criminal law experience through a 
referral from the USAID-supported Darfur Lawyers Legal 
Aid Network; 
 
B)  Subsidization of transport costs by the Darfur 
Lawyers Legal Aid Network:  Without financial assistance, 
most of Darfur's population cannot afford prohibitive 
travel expenses or other costs required to privately 
prosecute criminal activity in the region; 
 
C)  Victim social support:  The social support provided 
to the victim by her family proved crucial to the 
successful conclusion of this case.  Family support also 
ensured that the lawyer had the necessary time and 
resources to prepare and interview the victim as well as 
family members and neighbors who witnessed the crime; 
 
D)  Weak opposition:  UNHCR notes that the defendant was 
not represented by legal counsel.  Furthermore, the 
defendant called two alibi witnesses who gave 
contradictory evidence; and, 
 
E)  Discrete criminal proceedings:  During the trial, the 
victim gave evidence in the presence of only the judge 
and the defendant in the judge's private chambers.  This 
very notable improvement in the justice system's 
treatment of victims should be promoted throughout 
Darfur. 
 
------------- 
Final Remarks 
------------- 
 
¶8.  (U) Few successful prosecutions for rape have 
occurred in recent history in North, South, and West 
Darfur.  The fact that this case resulted in a successful 
conviction is a notable achievement, an outcome to be 
encouraged.  By international standards, however, a three- 
year sentence for the rape of 10-year-old girl is a light 
punishment.  According to the prosecuting attorney, 
procedural law in this case prescribed no minimum 
sentence and allowed for a maximum sentence of 10 years. 
In addition, the West Darfur State Prosecutor (Attorney 
General) holds the mandate and responsibility to 
prosecute criminal cases of this nature but refused to 
prosecute this case until ordered to do so by the State 
Ministry of Justice. 
 
HUME