Interview with Nicholas Tiangaye, chairman of the CAR Human Rights League,

Human rights have suffered a serious setback in the aftermarth of the May 2001 coup in the Central African Republic. Many people, including former Defence Minister Jean Jacques Demafouth, were arrested for their alleged involvement. The criminal tribunal rendered two verdicts: one in absentia in August and another in September. Nicolas Tiangaye, a leading CAR lawyer who defended Demafouth and who heads the CAR Human Rights League (Ligue centrafricaine des droits de l’homme) offered his perspective into both the human rights situation and the coup trials. Here is an excerpt from the interview he granted IRIN on 21 October. QUESTION: What is the state of human rights in the CAR? ANSWER: The situation of human rights in the CAR has passed through many phases. The current phase is characterised by aggravation of the tension resulting from the May 2001 coup attempt, because, in its aftermath, many people were arrested and others were summarily executed. This was a major concern for human rights groups, both national and international. Today, with the recent trials of the alleged coup plotters that resulted in the death sentences passed in absentia and those sentences of between one and 10 years imprisonment, things seems to have moved toward a certain [degree of] normalisation. However, elsewhere, such as at police and gendarmerie stations, some abuses like detentions beyond the legal time limits, the [adverse] conditions of detention, and other arbitrary acts are still being applied to peaceful citizens. Also, the OCRB [Office Centrafricain de Repression du Bandites] continues to summarily execute suspected bandits and armed robbers. These, briefly, are the main concerns of human rights organisations. Q: Have there been other human rights violations during the recent political and military crises? A: In addition to violations of individual physical integrity, there were also serious violations of collective liberties. For instance, political parties can no longer hold meetings or demonstrations. Q: What is the stance of the CAR Human Rights League vis-à-vis the new legal procedures that the prosecutor's office intends to apply against Francois Bozize, the fugitive former army chief of staff? A: Our league does not automatically oppose legal procedures. If the prosecutor's office believes that an offence has been committed, then it should start legal procedures. What we demand is that the procedures respect the law. Q: During the coup trials, many detainees complained that they were prevented from receiving family visits and denied access to their doctors and lawyers. Was this true of many detainees? A: The most flagrant case was the one of Demafouth. His lawyers were not allowed to visit him for several months. They and the CAR Human Right League condemned this action. Eventually, his lawyers and family were allowed to visit him. Q: During his trial, Demafouth repeated that there were people who made up stories about him in the hope that he would die in prison. Will he file a complaint? A: No, I do not think so. I think that his acquittal constitutes the best punishment for them [Demafouth’s opponents], because now they will hang their heads in shame when they pass him in the street. I think that this punishment is worse than a judicial one. Q: Do you think that Demafouth's acquittal will contribute to national reconciliation? A: I think that the verdict handed down calmed the people. Everybody expected that verdict. People knew that Demafouth was innocent, so if he had been sentenced it would have stirred up discord and stirred up problems in the country. When the court announced the verdict the general sentiment was the one of [public] relief. Q: You were talking about the death penalty to which the coup plotters were sentenced in absentia. Does the CAR Human Rights League support the death penalty? A: The league has a position of principle: it opposes the death penalty. This is not only the position of our league but also that of all human right groups. Q: In Western countries, especially in the USA, people campaign actively against the death penalty. Is there any such campaign in the CAR? A: No such campaign has started in the CAR yet. Moreover, a campaign alone is not enough, for one must also to consider the state of society. It is not easy to make people accept that idea [of abolishing capital punishment]. They must be prepared [to accept it], and their level of development must be taken into account. In my opinion, social and economic problems should be resolved before engaging in debates about the death penalty. The preoccupations of Central Africans are elsewhere. People will tell you, ‘We need something to eat and survive.’ This is a sociological problem that requires mature reflection, and which should not be tackled hurriedly. Q: During the first criminal session in March, the defence counsels boycotted the trials. Why did you decide to return to court for the second session? A: In March, we decided to leave the trial, because one of our colleagues was arbitrarily excluded from the proceedings. To express our disapproval we decided to boycott the session of the criminal court. Later, we changed our minds because it was useless to continue the wrestling match with the magistrates to the detriment of the accused. Q: What is your comment about the verdict in absentia of the criminal court that sentenced former President Andre Kolingba and other to death? A: I do not like commenting on court decisions. The coup d'etat is condemnable. The Human Rights League condemned it and those who perpetrated it should be brought to justice to answer for their actions. Even if I personally and the league I head oppose the death penalty, this penalty has not yet abrogated from our laws. Our courts thought that this penalty was the one commensurate with the offences the coup plotters are accused of. I cannot comment on that decision. Concerning the second criminal session, in which all my five clients were acquitted, I think the judges demonstrated their independence and deserve praise, for, in other countries, Demafouth would have been sentenced. If Demafouth has now been acquitted despite pressures and the passion that his trial evoked, it is because our magistrates are courageous and independent.