The Challenge to the Special Criminal Court in the Central African Republic Delivering on its ‘Defence’ Promise

Abstract

Listen

Translate article

Abstract The Special Criminal Court (SCC or ‘the Court’) was created with the ambitious goal of fighting widespread impunity in the Central African Republic (CAR) while strengthening local justice capacities, including for defence lawyers. To achieve this, the SCC’s founders established a dedicated Corps spécial d’avocats (‘Special Body of Defence and Victims Lawyers’), complemented by extensive training and mentorship programmes, to align defence capabilities before the SCC with international legal standards. This article examines whether these efforts have effectively ensured strong defence capability and fair trial to the accused before the Court. The first part reviews the SCC’s dedicated Corps spécial d’avocats in the context of CAR’s structural challenges, which make it difficult to meet international judicial standards. The second part focuses on the SCC’s first completed trial (the ‘Paoua’ case) to assess whether the SCC’s promise of fair trial rights fortified by a robust defence and an effective protection of the rights of the accused has lived up to the reality. The article demonstrates a discrepancy, both in general and during the SCC’s inaugural trial, between envisioned defence standards and the reality. It reveals a series of structural challenges, as well as legal hurdles that impeded the ability of lawyers and judges to effectively ensure the highest standard of fairness to the accused. It concludes by highlighting the SCC’s challenge in balancing fair trial standards with the fight against impunity and emphasizes the need for a broader shift in how defence rights are viewed in international and hybrid courts.