Democratic Republic of Congo
01.10.01
Urgent Interventions
'D.R. CongoDemocratic Republic of Congo: release of Pastor Carlos Rodrigues and aide Mrs. Christine
Case COD 240801
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 has been informed by the Association Africaine de Défense des Droits de l’Homme (ASADHO), a member of the OMCT network, that 80 detainees, 66 of whom are members of the armed forces and 14 of whom are civilians, are 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 is due to start on Monday August 27th, 2001. They are currently being held in the Buluo Prison in Likasi.
According to information received, among those detained are ex-Ambassador Emmanuel Dungia and 11 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 have been under arrest since October 2000, they have never interrogated by a magistrate. According to testimonies, they have been 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 are currently being 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 et 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, arrested in April 2001 under the charge of an attempted 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; Dubale Thomas.
The International Secretariat is gravely concerned about the circumstances under which the trial will to take place. According to the information received, there is 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 will refer to the statements made by the secret services and that others proofs will be constituted during the process. However, according to the information received, the proofs included in these statements were obtained through the use of torture and ill treatment. This is 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 is believed that it will take place 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 will not be assisted by lawyers of their choice and will not be allowed to appeal against the Military Court's decision, despite the fact that they risk the death penalty. The accused were denied the right to cite witnesses in their favour. This violates the rights of the defense and causes the detainees to have serious doubts about the fairness of the trial.
OMCT is deeply concerned about the physical and psychological integrity of the persons being held in Likasi and fears that they may have been subjected to torture since the day they were arrested, i.e for nearly 11 months. OMCT also fears that the conditions for a fair trial are not present in the trial due to take place on Monday 27th August 2001 and that the rights of the defense may be ignored, particularly those of civilians being tried by the Military court.
Moreover, 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 the Democratic Republic of Congo urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of all the detainees;
ii. ensure their immediate release in the absence of valid charges, or, if such charges exist, bring them before an impartial and independent tribunal, guaranteeing their procedural rights at all times
iii. guarantee an immediate investigation into the alleged acts of torture and ill treatment, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as 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 the Democratic Republic of Congo in your respective country.
Geneva, August 27th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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 has been informed by the Association Africaine de Défense des Droits de l’Homme (ASADHO), a member of the OMCT network, that 80 detainees, 66 of whom are members of the armed forces and 14 of whom are civilians, are 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 is due to start on Monday August 27th, 2001. They are currently being held in the Buluo Prison in Likasi.
According to information received, among those detained are ex-Ambassador Emmanuel Dungia and 11 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 have been under arrest since October 2000, they have never interrogated by a magistrate. According to testimonies, they have been 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 are currently being 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 et 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, arrested in April 2001 under the charge of an attempted 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; Dubale Thomas.
The International Secretariat is gravely concerned about the circumstances under which the trial will to take place. According to the information received, there is 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 will refer to the statements made by the secret services and that others proofs will be constituted during the process. However, according to the information received, the proofs included in these statements were obtained through the use of torture and ill treatment. This is 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 is believed that it will take place 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 will not be assisted by lawyers of their choice and will not be allowed to appeal against the Military Court's decision, despite the fact that they risk the death penalty. The accused were denied the right to cite witnesses in their favour. This violates the rights of the defense and causes the detainees to have serious doubts about the fairness of the trial.
OMCT is deeply concerned about the physical and psychological integrity of the persons being held in Likasi and fears that they may have been subjected to torture since the day they were arrested, i.e for nearly 11 months. OMCT also fears that the conditions for a fair trial are not present in the trial due to take place on Monday 27th August 2001 and that the rights of the defense may be ignored, particularly those of civilians being tried by the Military court.
Moreover, 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 the Democratic Republic of Congo urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of all the detainees;
ii. ensure their immediate release in the absence of valid charges, or, if such charges exist, bring them before an impartial and independent tribunal, guaranteeing their procedural rights at all times
iii. guarantee an immediate investigation into the alleged acts of torture and ill treatment, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as 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 the Democratic Republic of Congo in your respective country.
Geneva, August 27th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.