serve as preparation by giving the witness an
idea of what is expected during the trial;
• Badibanga then emphasised that, in this case,
approaching victims ‘was a slow process with
maximum safeguards’, which means that there
many considerations to make about questioning
victims – for instance, the issue of re-traumatisation
and whether victims preferred to be interviewed
by a man or a woman; and
• Finally, Badibanga noted that as there is renewed
conflict in the Central African Republic, this
conflict makes it likely that the victims of the
crimes in this case will be re-traumatised as they
are more vulnerable and could be exposed again
to the same kind of violence.
dd
DELPHINE DJIRAÏBÉ
Chief Attorney, Public Interest Law Centre, N’Djamena
Accountability for sexual gender-based violence
in the Hissène Habré case at the Extraordinary
African Chambers
Djiraïbé, in her presentation, discussed the 2016
conviction of former Chadian president, Hissène
Habré, at the Extraordinary African Chambers in
Dakar, and the challenges, trauma and processes
involved in including sexual violence charges in
the case. In particular, she addressed the role of
women and legal practitioners, their importance
in the prosecution of sexual and gender-based
violence, and the ways in which women can apply
gender-sensitive approaches when dealing with
survivors. Her presentation made special mention
of the remarkable women who testified in Hissène
Habré case and the courage this entailed.
Djiraïbé described how she worked with women
survivors of the police force responsible for much
of the abuse in the course of the Habré presidency,
the Documentation and Security Directorate (DDS).
She described some of the difficulties in working
with issues of sexual and gender-based violence in
the Chadian context, in light of the fact that
there are very few experts on sexual and genderbased violence in Chad. Despite the significant
challenges, and the protracted trial, she noted
how remarkable it was that justice prevailed,
and that gender-based violence was included
in the conviction.
Djiraïbé noted the immense trauma that survivors
went through in the process of testifying and
during the investigations, and highlighted the
risk of re-traumatisation involved in prosecution
of sexual and gender-based violence. Additionally,
she highlighted the prevalence of reprisal attacks
by Hissène Habré supporters on those who
testified. Despite this, she noted the courage and
determination of those who testified. In her own
words, ‘the women that we brought decided
that they did not even want to hide their faces
anymore, they wanted to look [Hissène Habré]
in the eye and ask him why he did that to them’.
In light of the significant trauma, Djiraïbé
emphasised the importance of survivors’
working with women attorneys and investigators.
She further highlighted the importance of building
trust, and detailed the ways in which this was
accomplished through sharing rooms and spending
a lot of time together – moving the relationships
beyond the attorney–client relationship to a trusting,
shared space. As she put it: ‘Because this was a
do or die situation, you were no longer a normal
attorney doing your job, you are accompanying
these women and sharing the social lives of the
victims on a daily basis, it’s important to build
trust so that they can open up and testify.’
Djiraïbé further highlighted the importance
of the trial’s taking place outside of Chad, on
account of limited trust in the Chadian justice
system. She noted the insufficiency of legislation
in Chad, specifically as it pertains to the definition
of rape – which means that very few cases actually
go before a judge, and often leads to protracted
and unconcluded trials when they do. The trial’s
location in Dakar, for Djiraïbé, provided a sense
of confidence and protection for survivors and
victims. She concluded by highlighting the
importance of accountability and the danger
of impunity in the fight against sexual and
gender-based violence.
8\ Accountability for conflict-related sexual and gender-based violence: Successes, challenges, narratives, and omissions
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