Congo army colonel gets 20 years for ordering mass rape in landmark trial

A Congolese court has sentenced an army colonel to 20 years in prison, convicting him of crimes against humanity in the highest-profile sexual violence case ever prosecuted in a nation in which thousands are brutally raped each year.

The trial marks the first time a commanding officer has been tried for such a crime.

Prosecutors had sought the death penalty for Lt Col Mutuare Daniel Kibibi, 46, who was accused of ordering his troops to attack the village of Fizi on New Year's Day where doctors later treated 62 women who had been raped. One woman testified that Kibibi had raped her for 40 minutes.

Three of Kibibi's officers received the same sentences. Five others got lesser terms. One was acquitted and another, a minor, will be tried in juvenile court.

Kibibi, married with eight children, was convicted of four counts of crimes against humanity but will serve no more than 20 years in prison. He denies the charges and says the testimony by his bodyguards was part of a plot to denigrate him.

Kibibi's lawyer Alfred Maisha described his client as a "valiant hero" who had served in the army since 1984 and had put his life at risk many times in the defence of the country. Maisha said many of the troops under Kibibi's command were poorly trained and included former members of rebel and militia groups.

Witnesses said the soldiers descended upon Fizi after residents killed a soldier who had been involved in a row with a local shop owner. On New Year's Day, the soldiers smashed down doors and went from house to house, pillaging, beating and raping from evening to the next morning.

The 49 who testified will receive up to $10,000 each in government damages.

Unspecified other damages must be paid for victims' "humiliation, degradation of their health, social stigmatisation, risk of divorce, and possibility of HIV," presiding judge Col. Fredy Mukendi ordered.

Rape has long been used as a weapon of war in eastern Congo. More than 8,000 rapes were reported in 2009.

Activists said they hoped this would serve as a warning. "Unquestionably, Lt Col Kibibi and his soldiers are more than a little stunned to find themselves on trial before this groundbreaking domestic mobile court. If word about the court spreads around the country, it could have an enormous impact on deterring future crimes, now that the rule of law is finally being enforced domestically, to at least some extent," said Kelly D Askin of the Open Society Justice Initiative.

Military prosecutor Col Laurent Mutata Luaba had demanded death sentences for Kibibi and the officers accused in the Fizi case and 20-year sentences for the rank-and-file. He said the men had "behaved like wild beasts," terrorising and attacking the defenceless civilians they had orders to protect.

The total number of victims of the New Year's Day rapes will never be known. The women who testified in court were identified as Female 1 to Female 49, amid fears for their security and efforts to lessen the strong social stigma associated with rape in Congo.

The 11 men brought to trial were the only ones identified by victims, but there were more than 100 soldiers at the Fizi camp on New Year's Day and many remain in the area.