VZCZCXRO0360
PP RUEHMA RUEHROV
DE RUEHKH #2367/01 2691031
ZNR UUUUU ZZH
P 261031Z SEP 06
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC PRIORITY 4727
INFO RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHRN/USMISSION UN ROME

UNCLAS SECTION 01 OF 03 KHARTOUM 002367 
 
SIPDIS 
 
AIDAC 
SIPDIS 
SENSITIVE 
 
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 
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: EAID PREF PGOV PHUM SOCI SU AU
SUBJECT: DARFUR - PRECEDENT-SETTING CASES OF RAPE PROSECUTION 
 
REF: A) Khartoum 0097, B) Khartoum 1422, C) Khartoum 1350, D) 
 
Khartoum 1912 
 
KHARTOUM 00002367  001.2 OF 003 
 
 
------------------- 
Summary and Comment 
------------------- 
 
¶1. (SBU) In the last five months, USAID's Office of Transition 
Initiatives (USAID/OTI) grantees assisted in prosecuting several 
potentially precedent-setting cases of rape in Darfur.  The cases 
had positive outcomes; however, USAID cautions that these cases may 
represent anomalies, rather than a decisive trend.  Moreover, they 
could be attempts to distract the international community's 
attention from the Sudanese justice system's otherwise pitiful track 
record in investigating and prosecuting cases of rape and other 
forms of sexual and gender-based violence.  End Summary. 
 
---------- 
Background 
---------- 
 
¶2. (SBU) USAID has previously documented that legal redress for 
cases of sexual or gender-based violence in Darfur is complicated by 
legal and medical procedures, which are often unsatisfactorily 
completed or disregarded (Ref A).  This trend continues.  For 
example, police refuse to investigate some rape cases; state 
prosecutors refuse to prosecute cases; the form medical personnel 
complete after conducting a medical exam on a rape victim, "form 8", 
is regularly unavailable at police stations; and court hearings are 
repeatedly adjourned due to absence of the defendant or the victim, 
who may not have been informed of the date of the hearing. 
 
¶3. (SBU) In contrast to the difficulty of prosecuting rape cases, 
the Attorney General of Nyala has filed a case against the Amel 
Centre for providing legal representation to IDPs detained in May 
after the anti-Darfur Peace Agreement (DPA) protests in Otash camp. 
Located in Nyala, the Amel Centre is a member of the Legal Aid 
Network, which is supported by the UN Development Program (UNDP) and 
USAID/OTI; the network has members in all three Darfur states. 
According to a press release published by the Sudanese Organization 
Against Torture (SOAT), the Attorney General of Nyala is currently 
compiling evidence for a case against the Amel Centre, accusing it 
of "offences against the state," "spreading false information," and 
of being "a threat to national security."  Reportedly, this case is 
related to the legal assistance the Amel Centre has provided to 
Otash internally displaced persons (IDP) camp residents. 
 
------------------------------- 
Precedent-Setting Cases of Rape 
------------------------------- 
 
¶4. (U) Per Ref B, the El Geneina General Court in West Darfur 
sentenced a central reserve police officer to three years 
imprisonment and 100 lashes for the rape of a 10 year old girl on 
May 3, 2006.  The Legal Aid Network of West Darfur provided legal 
representation and subsidized transportation costs for the victim, 
contributing to the successful prosecution of this case. 
 
¶5. (U) On August 6, the Special Court of Nyala convicted and 
sentenced a member of an Arab militia to five years imprisonment and 
100 lashes with a whip for raping a 26- year old Massalit woman from 
Duma IDP camp on June 20.  In addition, the defendant was sentenced 
to three years imprisonment for possessing a firearm without a 
license. 
 
¶6. (SBU) According to USAID, the following factors assisted in 
ensuring justice was served in the Nyala case mentioned above: 
 
-- Close coordination between the UN Mission in Sudan Human Rights 
Unit (UNMIS-HR) and the lawyers of Amel Centre:  UNMIS-HR conducted 
an initial investigation of the rape, after which it referred the 
case to an experienced lawyer from the USAID/OTI-funded Amel 
Centre; 
 
-- Evidence:  There were eight police witnesses who were dispatched 
to the scene of the crime after a young boy initially reported it. 
A legal adviser, who was trained previously by the Amel Centre in 
human rights, facilitated the testimony of the witnesses during the 
trial.  In addition, during the police investigation of the case, 
the perpetrator confessed to committing the crime; 
 
 
KHARTOUM 00002367  002.2 OF 003 
 
 
-- Training of key medical and legal personnel:  An experienced 
medical assistant, previously trained by World Vision, diagnosed the 
rape and was able to document it adequately. 
 
-- Subsidization of transport costs by the Amel Centre:  Without 
financial assistance, the police witnesses, the IDP woman, nor the 
medical assistant could have afforded travel expenses or other costs 
required to prosecute the case; and 
 
--Speed of trial:  In less than six weeks, the hearing was held and 
the accused sentenced. 
 
¶7. (SBU) A case that occurred in El Fasher, North Darfur, is worth 
mentioning as well.  On July 10, the General Court convicted and 
sentenced a policeman to four years imprisonment for the rape of a 
mentally-ill 26 year old Zaghawa woman in Golo.  Several unique 
circumstances in this case contributed to the successful prosecution 
of the perpetrator.  The factors include: 
 
-- The victim's brother was a policeman, which allegedly influenced 
the dismissal of the perpetrator from the police force.  After the 
police force dismissed the defendant, the case was able to be 
prosecuted because the defendant no longer held immunity.  (Comment: 
 USAID notes that this indicates that police officers can be 
prosecuted if there is political will.  End comment.); 
 
-- The prosecution's lawyer had evidence against the defendant, 
including a series of notes taken during a mediation session between 
the victim and the perpetrator prior to the trial.  Additionally, 
the case was strengthened by the testimony of the four male police 
officers who witnessed the rape.  The victim's police officer 
brother facilitated the other police witnesses' testimonies in 
court; and 
 
-- The perpetrator was given a prison sentence of four years, 
considered to be lengthy in Darfur.  However, by international 
standards, a four-year sentence for the rape of 10-year old girl is 
a light punishment, although the sentence also included 100 lashes, 
which is a typical punishment under Sharia law.  According to the 
prosecuting attorney, procedural law in this case prescribed no 
minimum sentence and allowed for a maximum sentence of 10 years. 
 
----------------------- 
Other Legal Initiatives 
----------------------- 
 
¶8. (U) USAID/OTI funds three complementary grants to UNMIS-HR and 
the UNDP, through the U.S. Secretary of State's Initiative to Combat 
Violence Against Women.  These grants, as well as the UNDP-supported 
Justice and Confidence Center operated by the International Rescue 
Committee, have contributed to the success of the recent cases. 
 
¶9. (U) In late May, the UN Children's Fund (UNICEF) conducted a 
three-day training of 39 police officers on preventing and 
responding to sexual and gender-based violence in Nyala.  This is 
the first training to focus specifically on sexual and gender-based 
violence.  Previous training of law enforcement officials focused 
more broadly on human rights training for law-enforcement, 
judiciary, and security officials. 
 
¶10. (U) UNICEF and the Sudanese government police force have 
initiated a new collaborative effort to develop women and child 
protection units across Sudan.  The program aims to manage cases of 
violence against children, exploitation, abuse, and gender-based 
violence.  UNICEF and the Sudanese government police plan to 
establish units in each police zone in Khartoum, South Darfur, 
Southern Kordofan, Blue Nile, and Kassala states.  Billel Police 
Station near Kalma camp (Ref D) and Mershing Police Station in 
northern South Darfur are scheduled to be among the first 
operational units. 
 
¶11. (U) UNDP will lead a comprehensive training program to build the 
capacity of AMIS to carry out its protection mandate in Darfur.  The 
training program covers topics such as Sudanese legal frameworks, 
principles in managing IDP camps, child protection, child rights, 
gender-based violence, codes of conduct, cultural values, and 
benchmarks for voluntary return.  (Comment:  USAID notes that the 
six-month rotations of AMIS troops will require retraining of 
incoming contingents.  End comment.) 
 
--------------- 
 
KHARTOUM 00002367  003.2 OF 003 
 
 
Lessons Learned 
--------------- 
 
¶12. (SBU) The rape cases described above demonstrate the importance 
of quality legal representation, funding to transport witnesses, 
training of key legal and medical personnel, and close coordination 
between medical staff, human rights officers, lawyers, and 
paralegals.  Future UNDP and Legal Aid Network efforts should 
broaden the availability of services to rural areas through mobile 
legal clinics, as most legal services are only available in urban 
areas.  USAID will continue to monitor the conduct in future cases 
and advocate for expansion of programs in this direction. 
 
HUME