Democratic Republic of Congo
16.08.01
Urgent Interventions
D.R. Congo'Democratic Republic of Congo: Child Concern - another child has been sentenced to death
Case COD 011100.1
Follow-up of the Case 011100
Provisional release/ Incommunicado detention
Geneva, October 12th 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 the OMCT has been informed by the Comité des Observateurs des droits de l’homme (CODHO), a member of the OMCT network, of the release of Mr Faustin Kibancha Kamala on October 4th 2001.
According to our sources, Mr Kibancha Kamala was released after a request was made by his lawyer to the Military Court (Cour d’Ordre Militaire). He has been freed pending his trial. Despite being a civilian, he remains at the disposal of the military justice.
He has been detained in Kinshasa’s Makala Central Prison, also known as the Penitentiary and Rehabilitation Center of Kinshasa (Centre Pénitentiaire et de Rééducation de Kinshasa - CPRK) since October 5th 2000. No information concerning his co-detainee Mr Thomas Muulawa Kataala has been received and the reasons for his detention still haven’t been explained.
The International Secretariat of OMCT welcomes this provisional release, but remains concerned about the fact that a civilian is to be tried before a military court. Furthermore, OMCT is gravely concerned for Mr Thomas Muulawa Kataala’s physical and psychological integrity, as he has not been allowed access to the outside world since he was transfered to the CPRK on October 5th 2000, and OMCT therefore fears that he may again be subjetced to torture during his detention.
Brief reminder of the situation
The International Secretariat of OMCT was been informed by COJESKI, a member of the OMCT network, that on 27 July 2000, around 3 o’clock in the morning, Mr Faustin Kibancha Kamala, a former member of the High Council of the Republic/Transitional Parliament, and Mr Thomas Muulawa Kataala, Inspector for the Customs Office OFIDA, were taken from their home (No 29, Avenue Bulambemba, Quartier Binza/IPN in the Commune of Ngaliema in Kinshasa/RDC), by armed individuals.
According to the information received, on the same night, they were taken to the Agence Nationale des Renseignements (National Information Agency)/ Departement de la Securite exterieure where they were reportedly tortured and subjected to ill-treatment. Their house was looted and money, suitcases of clothes, audio-visual equipment and a briefcase containing important documents was taken.
It was reported that the reason for their arrest was possibly linked to Mr Kibancha’s participation in a meeting between representatives of the association movement, political organisations, customary and religious authorities of Kivu and North-Katanga held in Stockholm, Sweden from 12 to 14 February 2000. He has been accused of threatening state security. However it was not clear why Mr Muulawa was also arrested.
One month after their arrest, on 26 August 2000, the detainees were transferred to the Conseil National de Securite (National Security Council)/Commision Exterieure. On 26 September 2000, Mr Kibancha and Mr Muulawa were summoned before the Military Court, where they had spent another ten days in detention, before being transferred to the CPRK, on 5 October 2000. Since then, both men have remained in detention without being tried.
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 Mr Thomas Muulawa Kataala;
ii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. guarantee Mr Kibancha Kamala’s procedural rights at all times;
iv. guarantee an immediate investigation into their arrests and all allegations of torture and ill-treatment, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
v. 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 the Democratic Republic of Congo in your respective country.
Geneva, October 12th 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of the Case 011100
Provisional release/ Incommunicado detention
Geneva, October 12th 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 the OMCT has been informed by the Comité des Observateurs des droits de l’homme (CODHO), a member of the OMCT network, of the release of Mr Faustin Kibancha Kamala on October 4th 2001.
According to our sources, Mr Kibancha Kamala was released after a request was made by his lawyer to the Military Court (Cour d’Ordre Militaire). He has been freed pending his trial. Despite being a civilian, he remains at the disposal of the military justice.
He has been detained in Kinshasa’s Makala Central Prison, also known as the Penitentiary and Rehabilitation Center of Kinshasa (Centre Pénitentiaire et de Rééducation de Kinshasa - CPRK) since October 5th 2000. No information concerning his co-detainee Mr Thomas Muulawa Kataala has been received and the reasons for his detention still haven’t been explained.
The International Secretariat of OMCT welcomes this provisional release, but remains concerned about the fact that a civilian is to be tried before a military court. Furthermore, OMCT is gravely concerned for Mr Thomas Muulawa Kataala’s physical and psychological integrity, as he has not been allowed access to the outside world since he was transfered to the CPRK on October 5th 2000, and OMCT therefore fears that he may again be subjetced to torture during his detention.
Brief reminder of the situation
The International Secretariat of OMCT was been informed by COJESKI, a member of the OMCT network, that on 27 July 2000, around 3 o’clock in the morning, Mr Faustin Kibancha Kamala, a former member of the High Council of the Republic/Transitional Parliament, and Mr Thomas Muulawa Kataala, Inspector for the Customs Office OFIDA, were taken from their home (No 29, Avenue Bulambemba, Quartier Binza/IPN in the Commune of Ngaliema in Kinshasa/RDC), by armed individuals.
According to the information received, on the same night, they were taken to the Agence Nationale des Renseignements (National Information Agency)/ Departement de la Securite exterieure where they were reportedly tortured and subjected to ill-treatment. Their house was looted and money, suitcases of clothes, audio-visual equipment and a briefcase containing important documents was taken.
It was reported that the reason for their arrest was possibly linked to Mr Kibancha’s participation in a meeting between representatives of the association movement, political organisations, customary and religious authorities of Kivu and North-Katanga held in Stockholm, Sweden from 12 to 14 February 2000. He has been accused of threatening state security. However it was not clear why Mr Muulawa was also arrested.
One month after their arrest, on 26 August 2000, the detainees were transferred to the Conseil National de Securite (National Security Council)/Commision Exterieure. On 26 September 2000, Mr Kibancha and Mr Muulawa were summoned before the Military Court, where they had spent another ten days in detention, before being transferred to the CPRK, on 5 October 2000. Since then, both men have remained in detention without being tried.
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 Mr Thomas Muulawa Kataala;
ii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. guarantee Mr Kibancha Kamala’s procedural rights at all times;
iv. guarantee an immediate investigation into their arrests and all allegations of torture and ill-treatment, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
v. 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 the Democratic Republic of Congo in your respective country.
Geneva, October 12th 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.