The Kavumu case has become, through its historic verdict, the symbol of the fight against impunity for sexual violence in the Democratic Republic of the Congo (DRC).
©PHR Congolese military men, with behind them a convoy of Pakistani peacekeepers who ensure protection during the trial
Arcadian landscapes
Elsa Taquet, DRC legal advisor for TRIAL International, and present during the trial, describes Kavumu village's environment.
She recounts:
“Kavumu is located high up, on the shores of Lake Kivu, one of the African Great Lakes, and of Kahuzi-Biega National Park. All around, you can see broad green and hilly expanses, endless sugar cane fields and banana plantations. These idyllic landscapes contrast with the extreme poverty and insecurity that characterize the village of Kavumu and its surroundings. The population lives almost exclusively off farming. The villagers come to sell their daily harvests along the road that connects their village to Bukavu.”
©Google Maps
It is in this striking environment that terrible crimes took place. Indeed, between 2013 and 2016, around forty little girls aged from 18 months to 12 years were kidnapped in the surroundings of Kavumu.
Each case followed the same modus operandi: the little girls were kidnapped at night from their homes, unbeknown to their parents. They were taken to the forest and raped. Their hymnal blood was collected, sometimes with the help of sharp objects. Then, they were taken home or abandoned unconscious at the crime scene.
©Anne Ackermann
Examined at the Panzi hospital and then operated by Doctor Denis Mukwege, the majority of these girls still suffer from permanent damage to their sexual organs and are still traumatized.
Fetish practices at the origin of these crimes
The large investigation carried out in connection with this trial linked the modus operandi of these attacks to a militia particularly active in Kavumu: the Yeshi la Jesu militia (the army of Jesus), led by politician and Member of the provincial assembly of South Kivu (MPP), Frédéric Batumike. This militia was known for its attacks on the region's military positions.
Some fetish objects put before the Court
During the trial, it was possible to prove that the little girls’s rapes were committed by Batumike's men with the aim of making bulletproof talismans with the blood of the victims.
©TRIAL International - Blade weapons seized from the hands of those arrested at the Bishiburu plantation, the plantation belonged to Batumike
“The perpetrators broke into our houses at night to kidnap our daughters,” said a mother of a victim who asked for anonymity to protect her from reprisals. “They raped them out of pure superstition, and many suffered injuries that will linger with them the rest of their lives.”
A trial which transcends borders
The trial, which began on November 9, 2017, five years after the first rapes on minors, is the result of hard work at a local and international level. Initially, these attacks were considered as isolated events and the parents of the victims were discouraged from reporting them.
Congolese civil society and international organizations have combined their efforts to attract national authorities’ attention and build a solid case. The complexity and perversity of these crimes have put the Congolese justice system under severe strain.
Forensic experts, medical and legal field experts, psychologists and lawyers from the DRC, the Great Lakes Region and from Europe, have joined forces to seek justice and compensation for these young victims and their relatives.
©PHR The military court in Kavumu
A team from Radio Télévision Suisse (RTS) even went there to film a television broadcast. One of the journalists describes the trial as “an exceptional event in a country where complaints are usually buried with dollars”.
©RTSInfo Elsa Taquet and Daniele Perissi, head of the DRC program for TRIAL International next to the plaintiffs’ lawyers
©RTSInfo Elsa Taquet replying to the RTS in the DRC
Reversal and threats
One of the most significant aspects of the trial was the attitude of Mr Batumike, leader of the Yeshi La Jesu militia (the army of Jesus) and MP.
When the trial began, he seemed sure of himself because he was convinced that he enjoyed immunity, “but after five days, and considering the seriousness of the facts alleged against him, he understood that he was no longer untouchable. Trust gave way to fear and anger because for the first time he realized that the trial would not be suspended. On the other hand, not once did I see any remorse on his face,” explained Elsa Taquet.
©TRIAL International Batumike the head of the militia in front of one of the lawyers
The plaintiffs’ lawyers, as well as the witnesses and victims have also had to deal with threats.
"We must not lose sight of the fact that there were murders, men’s deaths in this case." reminded Doctor Denis Mukwege.
Protective measures put in place
Following requests from the public prosecutor and the plaintiffs, protective measures were adopted during the trial for the benefit of victims and witnesses. Given the age of the victims and the level of trauma suffered by them and their families, these protective measures were essential:
- encoding the names to protect the witnesses, victims and plaintiffs' identity
- the use of voice-altering equipment during interrogation of witnesses and plaintiffs
- the use of protected booths for the testimony of certain witnesses and closed hearings for plaintiffs
©PHR The booths during the trial
- the use of special clothing to protect the identities of victimes and witnesses during the hearings.
©PHR Witnesses covered from head to toe
These measures, some of which were ordered for the first time in the DRC, helped prevent re-victimization of the young girls. Notably, pre-recorded testimonies were used, instead of their appearance during the trial.
A necessary message of hope for the population
“This verdict shows that even a man as powerful and influential as Batumike is not immune from justice and that a local or national MP is not protected from criminal prosecution when it concerns international crimes”, said Elsa Taquet.
“The second message that this trial sends to the Congolese population and to the rest of the world is that for such abhorrent crimes, everything will be done, even in a context as difficult as the DRC, to punish those responsible and prevent future similar crimes. I hope this trial has brought hope to all other victims of sexual violence.”
©PHR The crowd for the Kavumu trial