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Demonstration against sexual violence, in Conakry, November 2015. CELLOU BINANI / AFP
On this day in March 2022, after a visit to the Nzérékoré Central House in southern Guinea, Hélène Kolkol Zogbélèmou thought of “giving up everything”. The human rights activist had just learned that the man who had abused the 12-year-old child whose case she is following had “disappeared” from prison. “The girl became pregnant and her baby did not survive. The attacker was not even tried for what he did. He escaped by bribing prison officials,” the activist, who can be reached by phone, testifies. For her, another case that demonstrates impunity for sex crimes in Guinea.
Amnesty International documents this relentless observation in a report released on Tuesday 27 September, on the eve of a historic trial. The 28 September 2009 massacre in which soldiers, police and militiamen killed more than 150 protesters and raped 109 women during an opposition rally at a stadium in Conakry.
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The NGO’s study shows that sexual violence in Guinea “involves minors in 75% of cases, the vast majority of whom are under the age of 13”. Imams, priests, doctors, police officers, teachers… These authority figures – along with fathers, uncles, neighbors – are very often involved in rape cases. The scale of the abuses and crimes is such that Amnesty is calling on the authorities to “urgently adopt a general law on gender-based violence”.
Because even if the number of reports has tripled in recent years from 125 in 2018 to more than 400 in 2021 – a sign of a timid freedom of expression – access to justice for victims of rape and sexual assault is like a barrier race .
Five to ten years imprisonment
However, the country has recently strengthened its legal arsenal. Since 2016, the Criminal Code has punished rape with five to 10 years in prison, and up to life imprisonment if it results in the victim’s death. The NGO warns, however, that the sentences imposed are not always “commensurate with the seriousness of the crimes committed”. “It is not uncommon for suspected rapists to continue to roam freely in the same neighborhood as a complainant. They fear for their safety,” confirms activist Kadiatou Konaté, co-founder of the Club of Young Girls Leaders of Guinea, contacted by phone and quoted in the report.
“If you talk, the community will deny you access to health care, school and even the water pump”
Another big mistake in the survivors’ journey is access to medical care. Due to a lack of financial resources, they cannot afford emergency contraception and thus avoid an unsafe abortion – but they also protect themselves from sexually transmitted infections. Without forgetting the forensic certificate, also paying. Although not required by law, its absence “becomes a major impediment to a possible conviction in court,” the study authors note. Overall, the emergency costs amount to around one hundred euros, a sum that is difficult to raise quickly in a country where the average monthly income is 79 euros according to the World Bank.
Rape also affects the social lives of survivors. Amnesty cites the case of the Nzérékoré region, where Hélène Kolkol Zogbélèmou intervened, testifying to the existence of an “embargo” against those who denounce the attackers. “If you speak up, the community suddenly cuts you off from health care, school and even the water pump. At the end you leave the village. And the attacker is protected,” she explains.
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Cases of out-of-court settlements – such as the payment of reparations by traditional authorities – also undermine victims’ rights. “This pressure results in charges being dropped,” the report said. “Customary laws often take precedence over the laws of the republic,” confirms attorney Halimatou Camara, who notes frequent recantations in incest cases where “the family imposes silence to keep the group together.”
“Promote Zero Tolerance”
If, despite these obstacles, it is possible to file a complaint, the victims are at risk of investigators’ distress. Since 2009, however, two special units to combat sexual violence have been set up within the police and gendarmerie. But “these brigades lack computers, vehicles, mobile phones and scientific equipment to analyze the DNA or sperm collected,” the NGO laments. Complainants sometimes have to pay additional out-of-pocket costs to compensate for these deficiencies. “Sometimes the police officers ask the victim’s family to pay for the arrest of the suspect or for filing a complaint,” assures Kadiatou Konaté.
While the military junta promised to fight gender-based violence when it took power in September 2021, Amnesty calls for concrete action. The NGO recommends “promoting zero tolerance” towards “harmful gender stereotypes” by setting up awareness and prevention campaigns.
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Substantial provisions supporting the work of feminist organizations that contributed to the breaking of the Omerta by publicly denouncing rape cases. Among the emblematic cases of recent months is the story of M’mah Sylla. In November 2021, the death of this 25-year-old woman after successive rapes sparked a wave of outrage on the streets of the country. The authorities had expressed their condolences in a press release.
M’mah Sylla had gone to an unauthorized clinic in Conakry for treatment. According to Halimatou Camara, her lawyer, she was “drugged, raped and butchered” there by alleged “doctors”. The seven surgeries that followed to treat his injuries were not enough to save his life. “She was wracked with guilt for going to these fake doctors alone. She asked me if what happened to her was her fault,” says activist Djenaba Diallo, president of the association Mon enfant, ma vie, who can be reached by phone: “We will continue to fight for all victims of rape to stop telling themselves to feel guilty for what they have suffered. »