ICC Convicts Former Central African Rebel Commander Over Torture And Detention Crimes

Former Central African Republic rebel commander Mahamat Said Abdel Kani has been convicted by the International Criminal Court of four crimes against humanity, including torture and persecution, committed during the country's 2013 conflict. He was accused of overseeing a detention centre in Bangui where prisoners were allegedly beaten, tortured and held in appalling conditions. The ICC acquitted him of several war-crimes charges after finding that the armed conflict had ended when some of the alleged offences occurred. His sentence will be decided at a later hearing.

ICC CONVICTS MAHAMAT SAID ABDEL KANI

The International Criminal Court has convicted former Central African Republic rebel commander Mahamat Said Abdel Kani of crimes against humanity committed during the country's violent political crisis in 2013.
Judges in The Hague found the 56-year-old former Seleka commander guilty of four counts of crimes against humanity, including torture and persecution. He was acquitted of several war-crimes charges after judges concluded that the armed conflict had already ended when some of the alleged crimes took place.
Said had pleaded not guilty to all the charges.
The ICC will hold a separate hearing to determine his sentence.

PRISONERS WERE TORTURED IN BANGUI

Prosecutors accused Said of overseeing a detention facility operated by the Central Office for the Repression of Banditry in Bangui, the capital of the Central African Republic.
The court heard that people suspected of supporting former President François Bozizé were detained and subjected to severe abuse.
ICC judges said prisoners were beaten, tortured and subjected to extremely harsh detention conditions. Some were reportedly whipped, burned or restrained using a torture method known as “arbatachar”, in which a detainee's hands, elbows and feet were tightly bound behind the back.
Judges also heard that some detainees were held in underground cells without proper sanitation, where waste, faeces and urine accumulated.

‘THE HOLE’ CELL

One of the detention areas was reportedly known as “the hole”.
According to evidence presented at trial, the cell was extremely small, dark and poorly ventilated. Some prisoners could not lie down properly because of the limited space.
The conditions formed part of the prosecution's case that detainees were deliberately subjected to degrading treatment.
Judge Miatta Maria Samba said Said and others oversaw the torture of prisoners as part of a campaign targeting people perceived to be supporters of Bozizé.

SAID WAS ACCUSED OF PERSONALLY TAKING PART

The prosecution alleged that Said did not merely have authority over the detention facility but also personally participated in the mistreatment of at least one prisoner.
The ICC found that he exercised authority over the detention centre and was involved in crimes committed against detainees.
The conviction makes Said the first member of the Seleka militia to be convicted by the ICC. The court had previously convicted two leaders from the opposing anti-Balaka militia in cases connected to the Central African Republic conflict.

HOW THE CENTRAL AFRICAN REPUBLIC DESCENDED INTO WAR

The violence followed the rise of the predominantly Muslim Seleka rebel coalition, which seized power in 2013 and ousted President François Bozizé.
The takeover triggered widespread violence and the emergence of anti-Balaka militias, which were largely associated with Christian communities.
The conflict developed along political, religious and communal lines, leaving civilians exposed to killings, displacement, torture and other abuses.
The ICC opened its investigation into the Central African Republic situation in 2014.

WHY SOME WAR CRIMES CHARGES WERE DISMISSED

Although Said was originally facing seven counts of war crimes and crimes against humanity, the judges did not convict him on all the charges.
The court determined that some of the alleged offences occurred after the armed conflict had ended. As a result, several war-crimes charges were dismissed, while the crimes-against-humanity charges resulted in convictions.
The distinction is important because war crimes are legally linked to armed conflict, while crimes against humanity can be prosecuted when certain widespread or systematic attacks against civilians take place, even outside an ongoing armed conflict.

SAID REMAINS IN ICC CUSTODY

Said was surrendered to the ICC in January 2021 and has remained in the court's custody during the proceedings.
His trial opened in September 2022 after judges confirmed seven counts of war crimes and crimes against humanity in December 2021.
The proceedings were also affected by a period of suspension linked to his health before hearings resumed.

SENTENCE WILL COME LATER

The conviction does not yet determine how long Said will remain imprisoned.
The ICC will conduct a separate sentencing process before announcing the punishment. The defence may also have legal avenues to challenge the judgment under the court's procedures.
For victims and survivors of the Central African Republic conflict, the case represents another attempt to establish individual responsibility for abuses committed during one of the country's most turbulent periods.
The verdict also reinforces the ICC's continuing effort to prosecute alleged perpetrators of serious international crimes when national justice systems are unable or unwilling to do so.