Democratic Republic of Congo
10.08.01
Urgent Interventions
'D.R. CongoDemocratic Republic of Congo: arbitrary arrest and incommunicado detention of Mr. Constant Tshibadi Matambwa Kadinga
Case COD 240801.1
Follow-up of Case COD 240801
Geneva, September 21, 2001
The International Secretariat of OMCT has received new information regarding the following situation in the Democratic Republic of Congo.
New information
The International Secretariat of OMCT has been informed by the Association africaine de défense des droits de l'homme (ASADHO), a member of the OMCT network, of the sentencing to death of 12 detainees in a trial in Likasi, Democratic Republic of Congo. Of the 80 persons being tried, another 27 were sentenced to prison terms ranging from 5 to 15 years in length, while 40 others were acquitted.
According to the information received, the Likasi Military Court (Cour d'Order Militaire - COM) has delivered its verdict concerning the trial of 80 detainees, 66 of whom are members of the armed forces and 14 of whom are civilians, who were being tried for their alleged participation in the plotting of a coup and for attempting to kill the late President, Laurent Désiré Kabila last October.
The first group of persons in question includes: ex-Ambassador Emmanuel Dungia and 10 high-ranking military officers: Lieutenant-Colonel Luc Mayolo Mokode Akaso; Commander Lokenyo Ndjoli Jean-Marie; General Kandolo Jean Calvin; Commander Bokoli Jean Denis, Commander Bekama Jean-Luc; Commander Bowanga Bolumbu; Commander Jean Liévin Iyosela; Commander Ngoma Bete; Baudouin Mongambi and Emmanuel Etisala.
There are also 17 young soldiers «kadogo» originating from Kivu, accused of having been recruted by the Commander Masasu to carry out a coup against President L.- D. Kabila. Although they were under arrest since October 2000, they were never brought before a magistrate. According to testimonies, they were regularly subjected to torture during their detention. They were displaced 13 times from one location to another (including to a container at the airport), and were finally held in the Buluo high security prison in Likasi. These young soldiers are : Bahati Simweravi; Kashinzwe Byegulu Bernard; Bihira Mahmoud Illa; Batasema Mastaki; Kubuya Kitsa Désiré; Bagunda Laurent; Mukanirwa Nyampeta Djodjo; Bayoya Mirindi Justin; Katende Jimmy; Sensele Kasongo; Pungwe Alexandre; Braza Kindjo; Ulimwengu Barhongozi; Balume Mbovo; Lubumba Ngandu Joël; Mutekulva Kilongo Papy and Bagaye Jean Philippe.
There is a third group is constiting of former FAZ (Zaïre Armed Forces) officers and related civilians, mainly originating from the Province of Equateur, who were arrested in April 2001 on charges of attempting a coup against Président Kabila : Colonel Kabali Bosenge; Major Malunza Khelo; Major Wanyanga Jean; Captain Kabati Mohunga; Commander Agbanaka Kayo; Lieutenant Amuli Baguma; Commander Ngatu Jean; Commander Koyekwe Ngoysu; Commander Gbazo Kamanda; Police officer Siki Lievin; Warrant officer Nyamurasa Ntadesa; Warrant officer Iluku Isofa; Commander Kesangana Mafu; Commander Kongunza Mokanda; Sergent Gbangbisi Mbaya; Sergent Mboma Bakosa; Commander Samba Bangonda; Warrant officer Dawili Zongakose; Commander Kpakasa Ngazali; Sergent Nyembo Kazimoto; Koyese Swako; Kpabe Awe; Mbaya Te Mbaya; Banza Koko; Tangbawe Willy; Enyang Valentin; Bambe Ngubtene (student); Mrs Mongboko Antoinette; Commander Kpoko Ndoya; Ndolu Emmanuel; Warrant officer Bingi Bada; Ndonga Wa Ndonga; Commander Tombo Ganda; Commander Kogenago Zope; Lema Molombo; Kembo Magbatia; Yangba Samuluma; Mombunzi Wake; Mboli Dasewa; Butu Monga; Sebutu Akpasa; Commander Ngenza Akamwako; Lebia Xavier; Libo Gbamnu; Ngaya Sanza; Eyenga Esanga; Boyenge Mabele; Dabagia Ngazu; and Dubale Thomas.
According to the information received, those accused of conspiring to kill the Head of State, treachery through collaboration with the ennemi, treachery designed to demoralise the Armed Forces and the nation, inciting the Armed Forces to perform act in violation of their duties and conspiring to change the constitutional regime, were sentneced as follows:
Ex-Ambassador Dungia and Tyika Iyongo were acquitted; Ikutu Itele was sentenced to eight years of imprisonment, as were Mongambi Baudouin, Etisala, Iyolesa, Bowanga, Bokoli, Bekama, Mayolo; and Ngoma Bete and Lokenyo were sentenced to five years of imprisonment. Jean-Calvin Kandolo was handed a 15 year sentence, due to a lack of extenuating circumstances in his case. All of those found guilty were sentenced for conspiring to change the constitutional regime, and have been demoted and expelled from the Army and ordered to pay 5000 Congolese francs for legal expenses.
Of those being accused of the afore-mentioned charges, plus that of non-denunciation, the COM found the following persons guilty of the charges of conspiring to change the constitutional regime and treachery through conspiracy with the enemy of the State:
Wozango, Lele Kongbo, Kesanga Mafu Tigre, Gerengbo Ngakola, Iluku Isofa, Kpakasa Nganzele, Koyekwe Ngoysu Constant, Ngato Jean, Yangba Sambuluma, Taylor, Kinda, Mbema Jean, Egbogbo, all of whom were sentenced to death under Article 431 of the Military Justice Code.
Ngenza Akamwako, Dubale Nguba Thomas, Bingi Bada, Lena Molombo, Ligbo Mbamunu, Mbayate Mbaya, KpokoNdoya Santos, Lango Ebondo, Bombunzi Wake, Ngoko Ngwangele, Sebutu Gbasese, Dabagya Ngazu, Nyembo Kazimoto and Banza Koko were sentenced to 10 years in prison. Kogenago Zope and Samba Bango were sentenced to 15 years in prison, while Kongunza Mokanda Didier was sentenced to five years. The procedures were halted against Koyeswe Swako due to his demise. Another five persons: Agbanako Kayo Andre, Major Wanyanga Jean, Siki Lieven, Legbya Xavier and Yoka Boli were acquitted, but remain at the disposition of the authorities for further investigations. The remainder of the 80 detainees were acquitted.
OMCT is deeply concerned about the physical and psychological integrity of the persons who have been sentenced to prison terms, as it is believed that they have been repeatedly tortured in the period preceding the trial, and risk been subjected to further ill-treatment and torture during their detention. OMCT also fears that those who have been sentenced to death will be executed in the near future, despite the fact that the Congolese authorities have instored a moratorium on executions since March 2001. OMCT stresses that it is strongly opposed to the death penalty as an extreme form of cruel, inhuman and degrading treatment of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments. Furthermore, OMCT is is concerned that the conditions for a fair trial were not present and that the rights of the defense were be ignored, particularly those of civilians being tried by the Military court.
Brief reminder of the situation
According to the information received, 80 detainees, 66 of whom are members of the armed forces and 14 of whom are civilians, were thought to be likely to be unfairly tried by the Likasi Miltary Court (Cour d’Ordre Militaire) for conspiracy and the attempted assassination of the late Head of State, Laurent-Désiré Kabila. The trial of the 80 detainees was due to start on Monday August 27th, 2001 and finish on September 13th.
The International Secretariat has been gravely concerned about the circumstances under which the trial will to take place. According to the information received, there was no accusation file against the majority of the accused, in particular the 51 soldiers and civilians from the Equateur Province. The President of the Military Court stated that the judges referred to the statements made by the secret services and that other evidence was to be presented during the trial. However, according to the information received, the evidence included in these statements was obtained through the use of torture and ill treatment. This was notably the case of Kesangana Mafu, who was drugged and tortured by Colonel Mulimbi before being interrogated. Furthemore, Colonel Mulimbi obliged Commander José Mokwesu to shoot and kill his co-detainee Mr Pierre Ngutene. The other detainees declared they had also been interrogated under the same conditions.
As far as the trial itself is concerned, it was held in Katanga, a region reputed to be favour of the Kabila regime, although the events in question allegedly took place in Kinshasa. Most of the detainees were not going to be assisted by lawyers of their choice and were not allowed to appeal against the Military Court's decision, despite the fact that they risked the death penalty. The accused were denied the right to cite witnesses in their favour. This violates the rights of the defense and caused the detainees to have serious doubts about the fairness of the trial.
OMCT recalls that Article 15 of the Convention Against Torture, to which the Democratic Republic of Congo is party, states that «Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings…».
Action requested :
Please write to the authorities in Democratic Republic of Congo urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
ii. immediately repeal the death sentences imposed on the 12 persons, and more generally, both enforce the current moratorium on executions and abolish the death penalty
iii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses :
· President Joseph Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo. Fax (+ 243) 880 02 120
· Minister of Justice, Ministère de la Justice, BP 3137, Kinshasa Gombé, République Démocratique du Congo. Fax : (+243) 880 55 21
· Minister of Human Rights, Ministre des droits humains, Fax : (+243) 12 20 664
Please also write to the embassies of Democratic Republic of Congo in your respective country.
Geneva, September 21, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case COD 240801
Geneva, September 21, 2001
The International Secretariat of OMCT has received new information regarding the following situation in the Democratic Republic of Congo.
New information
The International Secretariat of OMCT has been informed by the Association africaine de défense des droits de l'homme (ASADHO), a member of the OMCT network, of the sentencing to death of 12 detainees in a trial in Likasi, Democratic Republic of Congo. Of the 80 persons being tried, another 27 were sentenced to prison terms ranging from 5 to 15 years in length, while 40 others were acquitted.
According to the information received, the Likasi Military Court (Cour d'Order Militaire - COM) has delivered its verdict concerning the trial of 80 detainees, 66 of whom are members of the armed forces and 14 of whom are civilians, who were being tried for their alleged participation in the plotting of a coup and for attempting to kill the late President, Laurent Désiré Kabila last October.
The first group of persons in question includes: ex-Ambassador Emmanuel Dungia and 10 high-ranking military officers: Lieutenant-Colonel Luc Mayolo Mokode Akaso; Commander Lokenyo Ndjoli Jean-Marie; General Kandolo Jean Calvin; Commander Bokoli Jean Denis, Commander Bekama Jean-Luc; Commander Bowanga Bolumbu; Commander Jean Liévin Iyosela; Commander Ngoma Bete; Baudouin Mongambi and Emmanuel Etisala.
There are also 17 young soldiers «kadogo» originating from Kivu, accused of having been recruted by the Commander Masasu to carry out a coup against President L.- D. Kabila. Although they were under arrest since October 2000, they were never brought before a magistrate. According to testimonies, they were regularly subjected to torture during their detention. They were displaced 13 times from one location to another (including to a container at the airport), and were finally held in the Buluo high security prison in Likasi. These young soldiers are : Bahati Simweravi; Kashinzwe Byegulu Bernard; Bihira Mahmoud Illa; Batasema Mastaki; Kubuya Kitsa Désiré; Bagunda Laurent; Mukanirwa Nyampeta Djodjo; Bayoya Mirindi Justin; Katende Jimmy; Sensele Kasongo; Pungwe Alexandre; Braza Kindjo; Ulimwengu Barhongozi; Balume Mbovo; Lubumba Ngandu Joël; Mutekulva Kilongo Papy and Bagaye Jean Philippe.
There is a third group is constiting of former FAZ (Zaïre Armed Forces) officers and related civilians, mainly originating from the Province of Equateur, who were arrested in April 2001 on charges of attempting a coup against Président Kabila : Colonel Kabali Bosenge; Major Malunza Khelo; Major Wanyanga Jean; Captain Kabati Mohunga; Commander Agbanaka Kayo; Lieutenant Amuli Baguma; Commander Ngatu Jean; Commander Koyekwe Ngoysu; Commander Gbazo Kamanda; Police officer Siki Lievin; Warrant officer Nyamurasa Ntadesa; Warrant officer Iluku Isofa; Commander Kesangana Mafu; Commander Kongunza Mokanda; Sergent Gbangbisi Mbaya; Sergent Mboma Bakosa; Commander Samba Bangonda; Warrant officer Dawili Zongakose; Commander Kpakasa Ngazali; Sergent Nyembo Kazimoto; Koyese Swako; Kpabe Awe; Mbaya Te Mbaya; Banza Koko; Tangbawe Willy; Enyang Valentin; Bambe Ngubtene (student); Mrs Mongboko Antoinette; Commander Kpoko Ndoya; Ndolu Emmanuel; Warrant officer Bingi Bada; Ndonga Wa Ndonga; Commander Tombo Ganda; Commander Kogenago Zope; Lema Molombo; Kembo Magbatia; Yangba Samuluma; Mombunzi Wake; Mboli Dasewa; Butu Monga; Sebutu Akpasa; Commander Ngenza Akamwako; Lebia Xavier; Libo Gbamnu; Ngaya Sanza; Eyenga Esanga; Boyenge Mabele; Dabagia Ngazu; and Dubale Thomas.
According to the information received, those accused of conspiring to kill the Head of State, treachery through collaboration with the ennemi, treachery designed to demoralise the Armed Forces and the nation, inciting the Armed Forces to perform act in violation of their duties and conspiring to change the constitutional regime, were sentneced as follows:
Ex-Ambassador Dungia and Tyika Iyongo were acquitted; Ikutu Itele was sentenced to eight years of imprisonment, as were Mongambi Baudouin, Etisala, Iyolesa, Bowanga, Bokoli, Bekama, Mayolo; and Ngoma Bete and Lokenyo were sentenced to five years of imprisonment. Jean-Calvin Kandolo was handed a 15 year sentence, due to a lack of extenuating circumstances in his case. All of those found guilty were sentenced for conspiring to change the constitutional regime, and have been demoted and expelled from the Army and ordered to pay 5000 Congolese francs for legal expenses.
Of those being accused of the afore-mentioned charges, plus that of non-denunciation, the COM found the following persons guilty of the charges of conspiring to change the constitutional regime and treachery through conspiracy with the enemy of the State:
Wozango, Lele Kongbo, Kesanga Mafu Tigre, Gerengbo Ngakola, Iluku Isofa, Kpakasa Nganzele, Koyekwe Ngoysu Constant, Ngato Jean, Yangba Sambuluma, Taylor, Kinda, Mbema Jean, Egbogbo, all of whom were sentenced to death under Article 431 of the Military Justice Code.
Ngenza Akamwako, Dubale Nguba Thomas, Bingi Bada, Lena Molombo, Ligbo Mbamunu, Mbayate Mbaya, KpokoNdoya Santos, Lango Ebondo, Bombunzi Wake, Ngoko Ngwangele, Sebutu Gbasese, Dabagya Ngazu, Nyembo Kazimoto and Banza Koko were sentenced to 10 years in prison. Kogenago Zope and Samba Bango were sentenced to 15 years in prison, while Kongunza Mokanda Didier was sentenced to five years. The procedures were halted against Koyeswe Swako due to his demise. Another five persons: Agbanako Kayo Andre, Major Wanyanga Jean, Siki Lieven, Legbya Xavier and Yoka Boli were acquitted, but remain at the disposition of the authorities for further investigations. The remainder of the 80 detainees were acquitted.
OMCT is deeply concerned about the physical and psychological integrity of the persons who have been sentenced to prison terms, as it is believed that they have been repeatedly tortured in the period preceding the trial, and risk been subjected to further ill-treatment and torture during their detention. OMCT also fears that those who have been sentenced to death will be executed in the near future, despite the fact that the Congolese authorities have instored a moratorium on executions since March 2001. OMCT stresses that it is strongly opposed to the death penalty as an extreme form of cruel, inhuman and degrading treatment of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments. Furthermore, OMCT is is concerned that the conditions for a fair trial were not present and that the rights of the defense were be ignored, particularly those of civilians being tried by the Military court.
Brief reminder of the situation
According to the information received, 80 detainees, 66 of whom are members of the armed forces and 14 of whom are civilians, were thought to be likely to be unfairly tried by the Likasi Miltary Court (Cour d’Ordre Militaire) for conspiracy and the attempted assassination of the late Head of State, Laurent-Désiré Kabila. The trial of the 80 detainees was due to start on Monday August 27th, 2001 and finish on September 13th.
The International Secretariat has been gravely concerned about the circumstances under which the trial will to take place. According to the information received, there was no accusation file against the majority of the accused, in particular the 51 soldiers and civilians from the Equateur Province. The President of the Military Court stated that the judges referred to the statements made by the secret services and that other evidence was to be presented during the trial. However, according to the information received, the evidence included in these statements was obtained through the use of torture and ill treatment. This was notably the case of Kesangana Mafu, who was drugged and tortured by Colonel Mulimbi before being interrogated. Furthemore, Colonel Mulimbi obliged Commander José Mokwesu to shoot and kill his co-detainee Mr Pierre Ngutene. The other detainees declared they had also been interrogated under the same conditions.
As far as the trial itself is concerned, it was held in Katanga, a region reputed to be favour of the Kabila regime, although the events in question allegedly took place in Kinshasa. Most of the detainees were not going to be assisted by lawyers of their choice and were not allowed to appeal against the Military Court's decision, despite the fact that they risked the death penalty. The accused were denied the right to cite witnesses in their favour. This violates the rights of the defense and caused the detainees to have serious doubts about the fairness of the trial.
OMCT recalls that Article 15 of the Convention Against Torture, to which the Democratic Republic of Congo is party, states that «Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings…».
Action requested :
Please write to the authorities in Democratic Republic of Congo urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
ii. immediately repeal the death sentences imposed on the 12 persons, and more generally, both enforce the current moratorium on executions and abolish the death penalty
iii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses :
· President Joseph Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo. Fax (+ 243) 880 02 120
· Minister of Justice, Ministère de la Justice, BP 3137, Kinshasa Gombé, République Démocratique du Congo. Fax : (+243) 880 55 21
· Minister of Human Rights, Ministre des droits humains, Fax : (+243) 12 20 664
Please also write to the embassies of Democratic Republic of Congo in your respective country.
Geneva, September 21, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.