Pete Muller Photography

Battling Impunity: Rape Trials in Eastern Congo: The Trials

In the lush hills of eastern Congo, a brutal war rages against female inhabitants. As rival militias fight for control of territory and resources, women’s bodies often become components of the battlefield. Each year, thousands of women are raped in eastern Congo, with more than 8,300 reported cases in 2009 alone. Since the 1990’s, rape has been used as a weapon of war; a brutal and indelible tactic aimed at demoralizing male enemies by violating their wives, mothers and sisters. These crimes, committed with impunity, have destroyed tens of thousands of lives. 

In recent months, ranking officials in the Congolese military have resolved to intervene in this horrific trend. With support from international organizations, the Congolese military has established and utilized mobile military tribunals to administer justice in this largely lawless land. The tribunals, made up of military judges and civilian attorneys, are capable of operating wherever crimes occur. 

In February 2011, one such tribunal tried and convicted Lt. Col. Mutware Daniel Kebibi, the most senior Congolese military officer to ever face charges of rape and crimes against humanity. Kebibi was accused of orchestrating the systematic rape of more than 60 women and the looting of dozens of shops in the mountaintop village of Fizi on New Year's Day 2011. After ten days of agonizing testimony and vicious argument, the military judges sentenced Kebibi and eight of his men to decades of imprisonment with hard labor. Thousands of residents that gathered to observe the trial erupted in cheer as the sentences were handed down. “You thought you would get away with it,” they jeered. “Now you will pay.” 

It was a landmark case in Congo, a clear and decisive message to the roving militias and military units that continue to rape and pillage with regularity. “We believe that we have made our position clear with these convictions,” said Freddy Mukendi, the President of the Military Court. “These types of criminal acts will no longer go unpunished.” Lt. Col. Kebibi’s senior rank signaled that the tribunals are capable of targeting all perpetrators regardless of power and seniority. 

  • Lush hills in the district of Fizi, eastern Congo. It was in Fizi town where Lt. Col. Mutware Kebibi and his men went on a mass rape and looting campaign on New Year’s Day 2011. When the day ended, more than fifty women had been raped, dozens of shops looted and scores of residents beaten. Kebibi and ten of his men were soon arrested and a military tribunal arranged. Kebibi would be the highest-ranking officer in the Congolese military to face charges of crimes against humanity and mass rape.
  • Congolese soldiers await the commencement of morning court inside a makeshift courtroom in the town of Baraka, Democratic Republic of Congo.
  • The wife (center) of Lt. Col. Kebibi (R-in green uniform) pays her husband a visit outside his holding cell during the trial. She was in regular attendance throughout the proceedings, often wearing a visibly concerned expression. Her and her children are dependent upon Kebibi’s financial support.
  • Heavily armed Congolese soldiers escort Lt. Col. Kebibi between his holding cell and the courtroom. During the trail, local and international officials were deeply concerned that fighters loyal to Kebibi would attempt to rescue him by force. As the trail proceeded, the United Nations peacekeeping force took up positions at all entry points into Baraka town in order ensure that Kebibi loyalists were not able to easily enter.
  • A bailiff hangs a photo of Congo's President, Joseph Kebila, on the main courtroom wall.
  • Sido Bizinungu (center), a close associate of Lt. Col. Kebibi (L), casts an intimidating gaze toward a witness as the latter testifies against the soldiers. The witness explained that Kebibi’s soldiers looted his shop and brutally assaulted him during their rampage. Testifying against such hardened fighters in open court required tremendous courage on behalf of all the witnesses, none of whom had any assurance that their testimony would lead to convictions.
  • A Congolese police officer stands guard over huge crowds that turned out to watch the proceedings. Despite the blazing sun, hundreds forewent their typical duties in order to observe the trail.
  • Defense attorneys listen to rape victims testify against Kebibi and his men during a single day of closed sessions in the trail. Nearly fifty women came forward to recount the brutal rapes they'd survived. Their names were withheld for their own security. They were referred to only as F1-50.
  • Judges and other officials take a break during a closed session of the trail during which they heard graphic testimony from rape victims.
  • Lt. Col. Kebibi listens to arguments against him during a late night session of his trial. While this was his first trial, many indicate that Kebibi has been involved in numerous instances of rape and killing in the past.
  • Fizi residents stand outside a shop that was looted by Lt. Col. Kebibi’s marauding forces on New Year’s Day. In addition to the rape of women, dozens of shops were looted and many residents were beaten.
  • Sido Bizinungu, a close associate of Lt. Col Kebibi, smokes a cigarette during a break in sessions. Of all the soldiers, Sido struck me as the most deranged and dangerous. As other soldiers began to realize that their fate was grim, Sido remained defiantly indifferent. Early in the trial he made an attempt to smash my camera.
  • The daily proceedings often went on for nearly ten hours. Despite the length, many observers stayed to watch until after dark.
  • A young solider accused of rape and crimes against humanity listens to arguments against him during the trail. A number of the accused soldiers seemed less like hardened killers and rapists and more like lost schoolboys. It’s likely that many were forcibly conscripted as young children.
  • A woman waits outside the courthouse to hear sentencing.
  • Freddy Mukendi (C), the President of the military court, reads out sentences on the final day of the trail. While the prosecution had requested the death penalty for Kebibi and others, that penalty was not handed down. The chief prosecutor was deeply disappointed and indicated that he plans to appeal those sentences. Kebibi and eight soldiers received lengthy prison sentences, one was acquitted and one was handed over to a juvenile tribunal for sentencing.
  • After receiving a twenty-year prison sentence, Kebibi is lead out of the courtroom amid jeers and chants against him. Many in the crowd also felt that the sentence was too light. “He should be killed for his crimes,” one woman exclaimed.
  • Intro
  • The Viral Insurgent: Ebola in Sierra Leone
  • Changing Tides: M-23 Vanquished
  • Battling Impunity: Rape Trials in Eastern Congo
    • The Trials
    • The Victims
  • Into Existence: South Sudan
    • Border Wars
    • Cattle Raiders
    • Miss New Sudan
    • The Independence Brigade
  • Machine Gun Americana
  • Zimbabwe
  • Force Projection: Mali at War
  • Reverberations: Egypt in Crisis
  • Tearsheets
  • Private Galleries
  • Multimedia & Video
    • Drawing New Lines: Southern Sudan's Borderlands
    • South Sudan: Creating an Anthem
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