Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 3 results.
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Jurisprudence judicial mechanism
East Timor - Egidio Manek et al.
- Year
- 2003
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- East Timor
- Keywords
- Aiding and Abetting Definition of Rape Consent Accused at large
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1061/Manek-et-al/
- Type of mechanism
- District Court
- Name of mechanism
- Special Panels for Serious Crime Panels in East Timor (SPSC)
- Name of accused
- Egidio Manek et al.
- Charges
- Of the 14 indicted, four individuals were charged with rape as a crime against humanity (Section 5(1)(g) UNTAET Regulation 2000/15), namely Egidio Manek (Deputy Commander), Olivio Tatoo Bau (member of the Laksaur militia, Tilomar/Salele), Americo Bau (or Mali) (idem), and Gabriel Nahak (member of the Laksaur militia, Leogore, Suai Kota). All under Section 14 UNTAET Regulation 2000/15 (committing, ordering, soliciting or inducing, aiding, abetting or otherwise assisting). However, the indictment never led to any trial before a court in East Timor, owing to the continued absence of the accused from the country. Accused at large. There is no final decision in this case and the Special Panel was closed down in 2005.
- Status
- 2715
- Case number
- 09/CG/TDD/2003
-
Jurisprudence judicial mechanism
IACtHR - Raquel Marti de Mejía v. Peru
- Year
- 1996
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Peru
- Keywords
- Discrimination Definition of Rape Outrages upon Personal Dignity Right to an Effective Remedy State Responsibility Rape, Torture Private Life
- Reference link
- http://cidh.org/annualrep/95eng/Peru10970.htm
- Type of mechanism
- Regional court
- Name of mechanism
- Inter-American Court of Human Rights
- Status
- 2715
- Findings
- The IACHR acknowledged that rape could rise to the level of torture, an aggravated form of inhumane treatment, which is prohibited by Article 5(2) of the ACHR. The Court held that rape constitutes torture, in line with the United Nations Convention Against Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment, if the rape was: “1) an intentional act through which physical and mental pain and suffering is inflicted on a person; 2) committed with a purpose; and 3) committed by a public official or by a private person acting at the instigation of the former.” As to the case of Mejía, the IACtHR established that rape as torture had been committed against her: “Raquel Mejía was a victim of rape, which caused her physical and mental pain and suffering (…) [She] was raped with the aim of punishing her personally and intimidating her (…) [T]he man who raped [her] was a member of the security forces.” The IACtHR thus concluded that the rape of Mejía amounted to torture and since an official of the Peruvian state perpetrated the rape, the IACtHR attributed responsibility for the rape to Peru. The IACtHR urged Peru to punish the perpetrators and pay the victim fair compensation. In addition, the IACtHR also emphasized that rape not only constitutes a severe violation of Article 5 of the ACHR, but also amounts to a violation of Article 11 of the ACHR (the right to privacy by safeguarding the right to have “honor respected” and “dignity recognized”). The IACtHR explained that it “considers that sexual abuse (…) implies a deliberate outrage to [the victim’s] dignity. In this respect, it becomes a question that is included in the concept of “private life”. The IACtHR concluded that the offender abrogated Mejía’s right to privacy when he raped her. It attributed responsibility for the Article 11 violations to the Peruvian state because a public official perpetrated the rape and encouraged Peru to hold the offenders accountable. Lastly, the IACtHR held that Peru’s failure to act with due diligence in guaranteeing Mrs. Mejía’s right to an effective judicial recourse for the human rights violations she and her husband, Mr. Mejía, suffered constituted a violation of Articles 1(1) (Right to non-discrimination), 8(1) (Right to due process), and 25 (Right to an effective recourse) of the ACHR.
- Case number
- Case 10.970
- Reparations / awards
- The IACtHR attributed responsibility for the rape to Peru. The IACtHR urged Peru to punish the perpetrators and pay the victim fair compensation.
-
Jurisprudence judicial mechanism
ICC - Germain Katanga
- Year
- 2014
- Issues
- Definitions/Elements of Sexual Violence Crimes Modes of Liability Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Acquittal Common Purpose Forced Marriage Forced Nudity Definition of Rape Withdrawal of Charges Severance of Charges
- Reference link
- https://www.icc-cpi.int/drc/katanga
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Name of accused
- Germain Katanga
- Charges
- Initially, Katanga was charged (together with Chui) with crimes against humanity and war crimes, including sexual slavery, committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. Although subsequent events resulted in withdrawal of the sexual slavery counts as evidence from two victims/witnesses of sexual violence substantiating these counts was excluded by the Court because of security concerns, a change in their security situation made it possible for the Prosecutor to reinstate the sexual slavery as a crime against humanity and a war crime counts and add charges of rape as a crime against humanity and a war crime as well as outrages upon personal dignity as a war crime on 12 June 2008 (Prosecution’s Submission, 12 June 2008). According to the amended document containing the charges, in its section elaborating on ‘sexual offences’ (Prosecution’s Amended Document, 12 June 2008, para. 89): “women, who were captured at Bogoro and spared because they hid their ethnicity, were raped, sexually enslaved or humiliated. Threatened with death by the combatants, one woman was stripped and forced to parade half naked in front of them. Others were raped and forcibly taken to military camps. Once there, they were sometimes given as a ‘wife’ to their captors or kept in the camp’s prison, which was a hole dug in the ground. The women detained in these prisons were repeatedly raped by soldiers and commanders alike and also by soldiers who were punished and sent to prison. The fate reserved to captured women was widely known. Shortly after the Bogoro attack, KATANGA saw one of the imprisoned women detained in such conditions in one of the FRPI camps.” On 30 September 2008, the Chamber confirmed the charges against Katanga (and Chui) for rape and sexual slavery as crimes against humanity and war crimes under Article 25(3)(d), but declined to confirm the charge of outrages upon personal dignity as a war crime as, the Chamber held, the link to the suspect was lacking (Decision on the Confirmation of Charges, 30 September 2008). On 21 November 2012, the Court severed the charges against Katanga and Chui.
- Trial chamber verdict
- The Judgement against Katanga was pronounced on 7 March 2014 and although he was convicted for several other crimes against humanity and war crimes under Article 25(3)(d), he was acquitted for the sexual violence charges. The Chamber unanimously found Katanga not guilty of contributing to the acts of sexual violence as they did not believe these crimes formed part of the common purpose of the attack, unlike the crimes of directing an attack against a civilian population, pillage, murder and destruction of property as war crimes/crimes against humanity.
- sentencing
- A total sentence of 12 years’ imprisonment was given on 23 May 2014 (for other charges).
- Appeals chamber verdict
- On 13 November 2015, a Panel of three Judges of the Appeals Chamber, specifically appointed by the Appeals Chamber, reviewed Katanga’s sentence and decided to reduce it. Accordingly, the date for the completion of his sentence was set to 18 January 2016. Decisions on possible victim reparations, which might have an impact on victims of sexual violence, will be rendered later.
- Status
- 2715
- Case number
- ICC-01/04-01/07
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