The Special Criminal Court (SCC) was established in 2015 as a hybrid national criminal court fully integrated into the Central African Republic’s (CAR) justice system. Its five-year mandate officially began on October 22, 2018, with the possibility of renewal. The court is hybrid in nature, comprising both national and international judges and prosecutors, and holds jurisdiction over serious violations of human rights and international humanitarian law. This includes genocide, crimes against humanity, and war crimes committed within CAR’s territory since January 2003.
The accused in a recent case—Issa Sallet Adoum (alias Bozizé), Ousman Yaouba, and Mahamat Tahir, members of the R3 rebel group—face charges for crimes committed on May 21, 2019, in Lemouna and Koundjili. These crimes include murder and other inhuman acts constituting crimes against humanity, as well as war crimes such as torture and attacks on personal dignity. In his capacity as a military leader, Bozizé is also accused of being complicit in the rapes committed by his subordinates during the same period in Koundjili.
On February 21, 2022, the Assize Chamber of the SCC appointed the first Assize section to oversee the case. The court set the date for the opening of its first trial on April 19, 2022. The trial’s commencement was hailed by Human Rights Watch as “significant progress” in the ongoing effort to secure justice for the grave crimes that have plagued CAR. Esti Tambay of Human Rights Watch remarked that the trial marked a “landmark moment” for CAR’s victims, who have long sought justice for the atrocities committed during the country’s successive conflicts. The senior international justice counsel at Human Rights Watch further noted that the SCC “could be an important justice model for other countries to consider.”
Progress and Challenges in Achieving Justice
Since its inception in 2018, the SCC has made notable strides in curbing impunity for serious violations of human rights and international humanitarian law in CAR. It operates alongside the International Criminal Court (ICC), with the ICC focusing on cases involving more senior leaders, while the SCC addresses a broader range of cases within CAR’s capital, Bangui. As of August 2021, the SCC has 21 suspects in pretrial detention. However, the identities of these suspects have not been disclosed due to the confidential nature of ongoing investigations, as outlined in the SCC’s legal framework.
While the SCC’s efforts have been instrumental in bringing justice to victims, there is a need for greater transparency. The court should explore ways to provide victims and the general public with more information about its proceedings. Ensuring public access to information would bolster trust in the court’s work and enhance support for its mission to hold perpetrators of serious human rights violations and breaches of humanitarian law accountable.
