Pete Muller

Fighting Against Impunity for Crimes of

Sexual Violence
Highlights of TRIALs work supported by
the FCO
1

TRIALs work to fight against sexual violence in the DRC and BiH
Following the publication of the International Protocol on the Documentation and Investigation of Sexual
Violence in Conflict, TRIAL has conducted a wide range of activities in the East of the Democratic Republic of
Congo and in Bosnia and Herzegovina (BiH). This document illustrates some of the impact TRIAL has had
with regards to the fight against impunity for sexual violence in those specific countries. These activities have
been made possible thanks to the support of the Foreign and Commonwealth Office.
In Bosnia-Herzegovina

32
victims
assisted in BiH
18 sexual violence
cases submitted on behalf of
In May 2015, the Parliamentary Assembly of BiH adopted in
132 Congolese victims
urgent procedure important amendments to the BiH
20 documentation missions undertaken to
Criminal Code thanks to TRIAL's advocacy efforts, revising
gather evidence in the DRC
the definition of rape (and other forms of sexual violence) as
4 criminal trials against perpetrators
a crime against humanity and war crime against civilians. In line
in the DRC launched
with international standards, the amendments eliminated the use of
8 perpetrators of sexual
violence
force, or threat thereof, as an element of rape and other forms of sexual
prosecuted
violence.
in BiH
TRIAL trained 37 beneficiaries including lawyers, human rights defenders,
members of the judiciary, prosecutors as well as judicial and prosecutorial associates
on the use of international human rights standards in protecting victims of sexual violence,
such as the International Protocol.
Thanks to TRIALs direct engagement, the Court of BiH has, for the very
first time in the history of criminal proceedings in BiH, awarded
compensation to 3 victims of war crimes/wartime sexual violence

In the Democratic Republic of Congo

Between 2015 and 2016, TRIAL successfully trained 50 local actors including members of the local police
specialized in combating violence against women, lawyers and human rights defenders who carried out 20
documentation missions to gather evidence on sexual violence cases committed in the East of the DRC.
TRIAL programs combine training sessions on how to use the Protocol (including theoretical modules, role
plays and exercises) with individualised coaching sessions and documentation missions undertaken under
TRIALs supervision in order to concretely translate the Protocol working methods in real access to justice for
victims of sexual violence.

TRIAL is the only organisation based in the DRC offering training and coaching programs to local
actors on the implementation of the International Protocol on the Documentation and Investigation of
Sexual Violence in Conflict and the only BiH-based actor to offer training to lawyers and human rights
defenders on the use of international human rights standards in protecting victims of sexual violence.

Success stories
Success story A: compensation awarded to
victim of sexual violence in BiH
In September 2014, Slavko Savic, a former
member of the Light Infantry Brigade of the Army
of Republika Srpska Army (VRS), was arrested
on wartime rape charges. In 1993, Elma Z.
(assumed name), a survivor of Bosniak
nationality, was twice taken away at gun point
and raped by the perpetrator. TRIAL provided
legal assistance to the victim, which included
requesting protective measures as well as a
decision on compensation in the criminal
proceeding. The main goal of TRIALs work on
this case was to change the Court of BiHs
practice in order to make it easier for victims to
request compensation in criminal proceedings. In
June 2015, the Court of BIH sentenced Slavko
Savic to eight years in prison for rape, ordering
Savic to pay the victim 30 000 KM in damages.
The ruling was upheld on appeal in February
2016.

Sucess story - S4: Impunity ended and

compensation awarded to victim of sexual
violence in BiH
Ana B. (assumed name), of Croatian nationality, was
still a minor in 1992, when several soldiers of the
Republika Srpksa Army (VRS) raped her in Kotor
Varos, today part of Republika Srpska. Although the
crime was reported to authorities right after it
occurred, nothing was done for 20 years. TRIAL has
strategically pressured judicial authorities to prosecute
the perpetrators of this crime. In April 2014, the
Prosecutor's Office of BiH finally raised an indictment
against Bosiljko Markovic and Ostoja Markovic for war
crimes against civilians. The trial started in September
2014, during which several witnesses testified. In
June 2015, the Court of BiH delivered its judgment,
convicting the two men of war crimes against civilians
and sentencing both to ten years in prison. For the
first time in the history of criminal proceedings in BiH,
the Court decided to award compensation to a victim
of war crimes, ordering the accused to pay a
26.500KM fine.

Success story: Kamuvu (DRC)

Since the end of 2013, scores of girls whose ages
range from 6 months to 14 years old have been
abducted and raped at night before being
returned to their families the following day. Most
of them have been treated at Panzi Hospital in
Bukavu where they need months to recover from
the trauma. Some of them are left with permanent
damage to their reproductive system. During
2014 and 2015, Kavumus prosecutor had
refused launching an effective investigation. At
the end of 2015, TRIAL started working on the
Kavumu cases as part of a Task Force created by
the UN Mission in the country. TRIAL constituted
a lawyers network that stepped up the
documentation effort in coordination with the local
police specialized in combating violence against
women. In March 2016, a formal investigation into
all rapes as part of a single mass crime was
launched and the competence over these crimes
was transferred, as requested by TRIAL, to the
more competent military judicial authorities. The
investigations are ongoing.

Success story: Furaha (DRC)

Mrs Furaha Lugumire used to work as a nurse at
Panzi Hospital in Bukavu. She worked with victims of
sexual violence in the team led by Dr. Denis
Mukwege, Director of the Hospital. In April 2013, she
started receiving anonymous phone calls threatening
her due to her work in Panzi. In June 2013, she was
kidnapped by six armed men, sexually assaulted and
then recovered unconscious three days later in a
public square in Bukavu. Despite the several
complaints, nothing was done to shed light on
Furahas case. Furaha was subjected to other
attacks and lived in constant fear to the point that she
decided to quit her job and flee the country. At the
beginning of 2015, Furahas case was nowhere to be
found in the prosecutors archives in Bukavu. A
lawyer coached by TRIAL revived the case and took
some steps in the investigation. But, after a year of
continuous efforts, the case was still inconclusive. In
March 2016, TRIAL submitted the case to the United
Nations Human Rights Committee in order to have a
decision condemning the DRC for inaction, restoring
Furahas dignity and obtain compensation for the
crimes she suffered.