Democratic Republic of Congo
11.10.00
Urgent Interventions
D.R. Congo: attack on a catholic parish church and convent
Case COD 080103
Death penalty / Fair trial
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Democratic Republic of Congo.
Brief description of the situation
The International Secretariat of OMCT was informed by the African Association for the Defense of Human Rights (ASADHO), a member of the OMCT network, of the death sentences pronounced by the Court of Military Order (Cour d’Ordre Militaire - COM) against 30 persons (including 10 persons who received sentences in absentia), all of whom were accused of having taken part in the assassination of former President Laurent-Désirée Kabila.
According to the information received, out of 135 defendants in this trial, 30 persons were sentenced to death, 27 to life imprisonment, 9 people were sentenced to twenty years of prison, 5 to fifteen years, 2 to ten years, 1 to five years, 3 to two years and 50 people were acquitted.
According to the information received, the conditions in which the hearings were held do not meet the internationally recognised standards for fair trials, notably for the following reasons:
· a military court is not allowed to try civilians (9 civilians were sentenced to death) ;
· at least 3 women were arrested and tried for and on behalf of their husbands, who were absent or in hiding;
· the Court of Military Order does not include the right to appeal against the sentences;
· the fact that the family of the chief of State was a party claiming damages in the trial, while military judges are nominated by the chief of State himself casts strong doubts about the impartiality of the trial.
OMCT wishes to recall that on September 23rd, 2002, President Joseph Kabila suspended the moratorium on death penalty he had pronounced shortly after coming to power.
OMCT is strongly concerned for the physical and psychological integrity of all the persons who were tried by the COM in relation with this case, including those who were acquitted, and most notably those who have received death sentences.
Action requested
Please write to the authorities in the Democratic Republic of Congo urging them to:
i. repeal all sentences handed down to civilian persons as a result of this trial before the Court of Military Order;
ii. immediately sign a presidential decree to amnesty political crimes, as stated by art. III, 8 of the Pretoria agreements signed on December 17th 2002;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country, in accordance with international human rights and humanitarian laws and standards, as well as with the Pretoria agreements signed on December 17th 2002, notably its art. III, 3.
Adresses
Note : if you come up against difficulties using some of the DRC e-mail adresses and fax numbers mentioned below, we suggest that you refer to the embassy in Geneva.
· S.E. l’Ambassadeur de la République démocratique du Congo, Mission permanente de la République démocratique du Congo auprès de l’Office des Nations Unies à Genève, Avenue de Budé 18, 1202, Genève, Suisse, e-mail : mission.rdc@ties.itu.int , fax : +41 22 7401682
· S.E Président Joseph Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo, Email : upp@ic.cd
· Ministre de la Justice, Ministère de la Justice et Garde des Sceaux, BP 3137, Kinshasa Gombé, République Démocratique du Congo, E-mail : minjust@yahoo.fr
· Ministre des droits humains, Ministère des droits humains ; Fax : (+243) 12 20 664, E-mail : mindroits_humains@yahoo.fr , Min_droitshumains@yahoo.fr
· Ministre de l’Intérieur, Ministère de l’Intérieur, Fax : (+243) 88 02 042, E-mail : djo@ic.cd
· Ministre de la Défense, Ministère de la Défense, Fax : (+243) 12 20 981, E-mail : ghimasengo@yahoo.fr
· Ministre de la Communication, Ministère de la Communication, Fax : (+243) 12 61 205
· Procureur Général de la République, B.P. : 7016 Kinshasa/Gombe
Please also write to the embassies of the Democratic Republic of Congo in your respective country.
Geneva, January 13th 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Death penalty / Fair trial
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Democratic Republic of Congo.
Brief description of the situation
The International Secretariat of OMCT was informed by the African Association for the Defense of Human Rights (ASADHO), a member of the OMCT network, of the death sentences pronounced by the Court of Military Order (Cour d’Ordre Militaire - COM) against 30 persons (including 10 persons who received sentences in absentia), all of whom were accused of having taken part in the assassination of former President Laurent-Désirée Kabila.
According to the information received, out of 135 defendants in this trial, 30 persons were sentenced to death, 27 to life imprisonment, 9 people were sentenced to twenty years of prison, 5 to fifteen years, 2 to ten years, 1 to five years, 3 to two years and 50 people were acquitted.
According to the information received, the conditions in which the hearings were held do not meet the internationally recognised standards for fair trials, notably for the following reasons:
· a military court is not allowed to try civilians (9 civilians were sentenced to death) ;
· at least 3 women were arrested and tried for and on behalf of their husbands, who were absent or in hiding;
· the Court of Military Order does not include the right to appeal against the sentences;
· the fact that the family of the chief of State was a party claiming damages in the trial, while military judges are nominated by the chief of State himself casts strong doubts about the impartiality of the trial.
OMCT wishes to recall that on September 23rd, 2002, President Joseph Kabila suspended the moratorium on death penalty he had pronounced shortly after coming to power.
OMCT is strongly concerned for the physical and psychological integrity of all the persons who were tried by the COM in relation with this case, including those who were acquitted, and most notably those who have received death sentences.
Action requested
Please write to the authorities in the Democratic Republic of Congo urging them to:
i. repeal all sentences handed down to civilian persons as a result of this trial before the Court of Military Order;
ii. immediately sign a presidential decree to amnesty political crimes, as stated by art. III, 8 of the Pretoria agreements signed on December 17th 2002;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country, in accordance with international human rights and humanitarian laws and standards, as well as with the Pretoria agreements signed on December 17th 2002, notably its art. III, 3.
Adresses
Note : if you come up against difficulties using some of the DRC e-mail adresses and fax numbers mentioned below, we suggest that you refer to the embassy in Geneva.
· S.E. l’Ambassadeur de la République démocratique du Congo, Mission permanente de la République démocratique du Congo auprès de l’Office des Nations Unies à Genève, Avenue de Budé 18, 1202, Genève, Suisse, e-mail : mission.rdc@ties.itu.int , fax : +41 22 7401682
· S.E Président Joseph Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo, Email : upp@ic.cd
· Ministre de la Justice, Ministère de la Justice et Garde des Sceaux, BP 3137, Kinshasa Gombé, République Démocratique du Congo, E-mail : minjust@yahoo.fr
· Ministre des droits humains, Ministère des droits humains ; Fax : (+243) 12 20 664, E-mail : mindroits_humains@yahoo.fr , Min_droitshumains@yahoo.fr
· Ministre de l’Intérieur, Ministère de l’Intérieur, Fax : (+243) 88 02 042, E-mail : djo@ic.cd
· Ministre de la Défense, Ministère de la Défense, Fax : (+243) 12 20 981, E-mail : ghimasengo@yahoo.fr
· Ministre de la Communication, Ministère de la Communication, Fax : (+243) 12 61 205
· Procureur Général de la République, B.P. : 7016 Kinshasa/Gombe
Please also write to the embassies of the Democratic Republic of Congo in your respective country.
Geneva, January 13th 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.