Arbitrary and incommunicado detention of Mr. Francis Bukasa

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Democratic Republic of Congo (DRC).

Brief description of the situation

The International Secretariat of OMCT has been informed by the African Association for the Defence of Human Rights (Association africaine de défense des Droits de l’Homme, ASADHO), a member of OMCT SOS-Torture Network, about the arbitrary and incommunicado detention of Mr. Francis Bukasa, accountant for the prosecutor’s office in Kinshasa, by agents of the National Intelligence Agency (Agence Nationale des Renseignements, ANR).

According to the information received, Mr. Francis Bukasa was arrested on 8 October 2008 at his office located on the 2nd floor of the INSS building, on the 30th of June boulevard in the area of Gombe, by a group of four agents of the ANR. He would have been taken to a cell located on Lemera avenue ex-3Z, in Gombe.

According to the same information received, Mr. Francis Bukasa has still not been informed of the reasons of his arrest and has not yet been brought before a judge. Moreover, his family is not allowed any visit.

The International Secretariat of OMCT is gravely concerned with regard to the arbitrary and incommunicado detention of Mr. Francis Bukasa and the risks of torture he faces. OMCT calls upon the authorities to immediately launch a thorough, independent and impartial investigation into these events. OMCT recalls that the Democratic Republic of Congo is a State party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to the International Covenant on Civil and Political Rights that prohibit torture and ill treatments. OMCT also recalls that according to article 11 of the Convention against Torture “Each State Party shall keep under systematic review (…) arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”. Furthermore, OMCT recalls that according to article 9.1 of the International Covenant on Civil and Political Rights «no one shall be subjected to arbitrary arrest or detention ».

Actions requested

Please write to the authorities of the Democratic Republic of Congo (DRC) urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Francis Bukasa;
2. Guarantee immediate and unconditional access to legal representation, his family and adequate medical care if necessary;
3. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, and if such charges exist, bring him before an impartial, independent, competent and fair tribunal and guarantee his procedural rights at all times;
4. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• President of the Republic, H.E. Joseph Kabila, Cabinet du Président de la République, Palais de la Nation, Kinshasa/Gombe, République Démocratique du Congo, Email: upp@ic.cd; Fax +243 88 02 120;
• Le Ministre des Affaires Etrangères et de la Coopération Internationale, M. Antipas Mbusa Nyamwisi, Cabinet du Ministre, bâtiment du Ministère des Affaires Etrangères, Kinshasa/Gombe, République Démocratique du Congo.
• Le Ministre de la Justice et Garde des Sceaux, M. Mutombo Bakafwa Senda, Ministère de la Justice et Garde des Sceaux, BP 3137, Kinshasa Gombé, République Démocratique du Congo, Fax: + 243 88 05 521, Email : minjustrdc@yahoo.fr
• Vice-Ministre des Droits Humains, M. Claude Nyamugabo, Cabinet du Vice-Ministre, Boulevard du 30 juin, Kinshasa/Gombe, République Démocratique du Congo, Fax: + 243 12 20 664 ; + 243 9939971 ; Email: mindroitshumains@yahoo.fr
• Ambassadeur, M. Antoine Mindua Kesia-Mbe, Mission permanente de la République démocratique du Congo, Avenue de Budé 18, 1202 Genève, Suisse, e-mail : missionrdc@bluewin.ch, Fax : +41 22 740.16.82

Please also write to the embassies of the Democratic Republic of Congo in your respective country.

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Geneva, 23 October 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.