ICC will Continue to Pursue Preliminary Investigation in Guinea

As part of an on-going ICC preliminary investivation, Fatou Bensouda, Deputy Prosecutor of the International Criminal Court (ICC), arrived in Conakry, the capital of Guinea, last Wednesday (February 17, 2010).  Upon arrival Bensouda said: "The aim of our visit is to observe what has been done about the painful events of September 28 2009 here in Conakry so that justice should be done to the victims." Bensouda visited the Conakry stadium where national security forces have been accused of killing of more than 150 people at an opposition rally.  A United Nations report said that in addition to the deaths, 1,200 people were injured and hundreds of girls and women were raped. Guinea's military junta reported 63 deaths.

Guinea has been a State Party to the Rome Statute since July 14, 2003. As such, the ICC has jurisdiction over war crimes, crimes against humanity or genocide possibly committed in the territory of Guinea or by nationals of Guinea. In October 2009, the ICC said the situation in Guinea was under preliminary examination.  In preliminary investigations the Office of the Prosecutor considers whether the alleged crimes fall within the ICC's jurisdiction and whether the facts warrant further involvement.  Beatrice Le Fraper, the Special Adviser to the Prosecutor of the Court, has said that before a full-scale investigation the ICC will examine the nature and gravity of the crimes, the interests of justice in general and whether Guinea is unwilling or unable to try individuals accused of serious violations.  Guinea's prime minister, Jean Marie Dore told reporters that the "judiciary is a problem in Guinea, the way it is organised, the training of the magistrates and some of their behaviour presents problems between the Guinean authorities and their internal and external partners."

During her time in Guinea, Bensouda met with Guinea's interim President, General Sekouba Konate, as well as Guinea's transitional Prime Minister, Justice Minister, cabinet ministers, judges and representatives of victims' groups. Beatrice le Fraper told reporters that "[c]ooperation is good. Guinean authorities were not obliged to show us the places where potential crimes were committed but they have been transparent."

A United Nations report said Moussa Dadis Camara, the junta chief at the time, and his aides bore "direct criminal responsibility" for the massacre. In the weeks after the killings, Camara was shot and seriously wounded by an aide. He is now allegedly in exile in Burkina Faso.

Bensouda stated: "If the Guinean authorities are not seen to be doing something... [then] the ICC will do it.The bottom line is that there will not be impunity. The victims of these crimes will have justice one way or another."

After her three days in Guinea, Bensouda spoke of "atrocious crimes" committed in the Conakry stadium, adding "men in uniform attacked civilians, they killed and wounded.In full daylight they mistreated, violated and submitted women to unprecedented sexual violence."

Bensouda concluded: "As the deputy prosecutor of the ICC, I have gathered from this visit the feeling that crimes against humanity were committed. On the basis of the information that we have received from this visit, we will pursue our preliminary investigation." She added that "These few days working in Guinea confirmed that Guinean institutions and the ICC can work in a complementary way: either Guinean authorities can prosecute the main people in charge themselves, or they will turn to the court to do it."

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