Sexual violence during attacks on villages in East Jebel Marra, Darfur

This report focuses on accounts of widespread rape that took place during attacks by Sudanese armed forces and allied militia on villages in and around the area of Deribat, in eastern Jebel Marra, in mid to late December 2006. Women and girls, including at least two pregnant women were targeted. While some women were raped in the villages, others were abducted, raped, and later released. During the attacks civilians were also killed and displaced. The attacks, as has been previously documented in Darfur, were directed against an entire community perceived to be supporting rebels.

According to local sources, in mid to late December 2006, the village of Deribat and eight other villages along the road from Kutur to Deribat were attacked by air and land by government forces and allied militia. The attackers traveled on approximately 20 vehicles and on camel and horseback. Local sources reported that the attacks in December resulted in 36 civilian deaths. The number of casualties has not been independently confirmed. Male residents and children, as young as 3 years old, appeared to have been the target of gunfire. The attacks resulted in a dire humanitarian situation with reports of people dying due to cold weather and other hardships.

At least 15 cases of sexual assault, including rape, were reported to have occurred during the attacks perpetrated by groups of men in uniform, described by the victims as soldiers. Victims were as young as 13 years old. An interviewed survivor said that during the attack on Deribat, “Three of the attackers came to my house. They forced me on the ground. One of them held my legs, while the other two raped me.” The victim stated that the attackers wore khaki uniforms and that they threatened to kill her if she did not comply with their orders. A resident from Suni village recalled that she had gone to visit her relatives in Deribat on the day when the town was attacked. She reported that, “Two armed men came to the house. They were wearing green military uniforms. They beat me with a rope and both of them raped me.” A 13-year-old girl reported that she was outside her house when “Soldiers came in cars heading towards the hills. Three were in green military uniform and the fourth was in civilian clothes. All four of them were armed and all of them raped me.”

A 19-year-old woman reported that she and another 13 women were attacked by a group of about 20 armed men when they were attempting to return to the village after the attack occurred. The women were taken captive and kept for about a week. The victim reported that during that period she was raped everyday by groups of three to four men.

In addition to the above cases, several victims stated that the attackers asked if their husbands or relatives were rebels before proceeding to rape them. A 15-year-old girl was at her house with her relatives when two armed men with their faces covered entered. They accused a male relative of being a rebel and then shot him. The girl was beaten and then raped. A 30-year-old woman was raped by four armed men in camouflage uniforms when at her farm with her child in Deribat. The men asked her if her husband was a rebel, they then proceeded to grab the victim’s child from her back and one of the men raped her. After the rape, one of the assailants said, “We will take her rebel child away.”
Testimony was gathered from two 25-year-old pregnant women who alleged having been raped. One of the victims was at her house with her husband when a group of soldiers came in. The attackers wore green military uniforms and traveled in a Land Cruiser vehicle. The soldiers shot her husband and then proceeded to kick and beat her. A group of 10 men then raped her. She was three months pregnant and had a miscarriage as a result of the rape. The other victim stated that when the attack ensued she attempted to flee with her 20-month-old daughter. Her daughter was killed due to the bombing while she was caught by a group of armed men and kept for four days. The victim reported that she was raped by four men which led her to have a miscarriage. She was five months pregnant.

The High Commissioner is seriously concerned that rape and other sexual violence during the December 2006 attacks was used as a weapon of war to cause humiliation and instill fear into the local population. The systematic use of rape to punish and humiliate local communities is a war crime. It violates Common Article 3 to the 1949 Geneva Conventions, to which the Sudan is a High Contracting Party, and is punishable by the International Criminal Court. The Government has a duty to hold perpetrators of rape accountable and provide protection from such a crime.

Recommendations to the Government of Sudan:

· Immediately stop all attacks against civilians, women and children.
· Issue immediate clear instructions to all forces under its command that rape and other forms of sexual violence will not be tolerated; that they are war crimes and those suspected of being responsible will be investigated and brought to justice.
· Fulfill its responsibility to protect civilians and take action to implement its commitment to disarm the militia operating in the region.
· Establish an independent and impartial body which has the trust of the parties and includes women investigators with primary responsibility for investigating sexual violence. This body should undertake a timely and transparent investigation into all gross violations of international human rights law with a particular focus on allegations of rape and other forms of sexualized violence. The investigation, with due regard to the need to ensure effective protection of victims, should aim to collect evidence to identify and prosecute those who planned, orchestrated, and/or conducted the attacks, in addition to those having committed the acts, including rapes and other forms of sexual violence. The results of the investigation should be made public. Effective legal measures should be taken to ensure that those found to be responsible are effectively prosecuted and do not enjoy impunity. The safety of victims and witnesses should be protected.
· Ensure full reparations, including compensation, restitution, rehabilitation, satisfaction and guarantees of non-repetition for victims of human rights abuses, including rape and sexual violence, and for the relatives of those unlawfully abducted and killed.

· Immediately ensure the respect for the right to health, and in particular facilitate access to the affected areas for delivery of medical and humanitarian aid, including psychosocial support for sexual violence survivors.

· Respect their obligations under international human rights law and international humanitarian law.