Democratic Republic of Congo
21.08.01
Urgent Interventions
D.R. Congo'Democratic Republic of Congo: violence against street children
Case COD 311001.1
Follow-up of Case COD 311001
Incommunicado detention/Fair trial
Geneva, November 22nd, 2001
The International Secretariat of OMCT has received new information regarding the following situation in Democratic Republic of Congo.
New information
The International Secretariat of OMCT has been informed by the Comité des Observateurs des Droits de l'Homme (CODHO), a member of the OMCT network, of the continuing incommunicado detention of Mr. José Mafwata Shamba in Democratic Republic of Congo.
According to the information received, Mr. José Mafwata Shamba was transferred to the ANR-Intérieur prison in Kinshasa on November 15th. He was arrested on October 4th, having been summoned without reason and without an arrest warrant by members of the Détection militaire des activités anti-patrie (military intelligence)/Department of the Interior (DEMIAP). He was being held in the DEMIAP jail proir to having been transferred.
According to the information received, Mr. José Mafwata Shamba, who is the Secretary General of the Rassemblement National Populaire (RNP) party, has not been allowed access either to legal counsel or to his family since his detention began, giving rise to fears that he may be being subjected to ill-treatment or torture, which are prevalent in the DEMIAP's jails and have even lead to deaths in detention (see Case COD 240401). Under the auspices of the Republican Pact (Pacte Républicain), signatories, which include the Congolese authorities, have pledged not to harass political leaders who are engaging in their professional activities.
Mr. José Mafwata Shamba is being held despite a lack of formal charges having been pressed against him. He is reportedly being held because he distributed party membership cards, despite the fact that his party has not yet been officially registered. He has not yet been brought before a judge, and OMCT fears that he may be detained for a lengthy period before this is the case.
The International Secretariat of OMCT is deeply concerned by this arbitrary arrest and incommunicado detention, which appears to have been conducted primarily for political reasons, and fears that Mr. José Mafwata Shamba may be subjected to torture while in detention.
Brief reminder of the situation
According to information received, Mr. José Mafwata Shamba was summoned without reason and without an arrest warrant on 4 October 2001, in the Boulevard du 30 juin in Kinshasa, outside the "Sabena" offices by members of the Détection militaire des activités anti-patrie (military intelligence)/Department of the Interior (DEMIAP). He was then held in the DEMIAP jail and has not been allowed to receive any visitors since he was arrested.
According to information received, Mr. Shamba is the Secretary General of the Rassemblement National Populaire (RNP) party, the president of which, Mr. Manda Mobutu, is in exile in France. Mr. Shamba allegedly arrived in Kinshasa on 29 September 2001, not only for family reasons, but also to undertake the formalities required to legalise the RNP.
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. José Mafwata Shamba;
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;
iv. intervene with the appropriate authorities in order to secure that Mr. José Mafwata Shamba be allowed to meet with his relatives and lawyer;
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, Democratic Republic of the Congo, Fax : (+243) 880 02 120
· Ministry of Justice, POB 3137, Kinshasa Gombé, Democratic Republic of the Congo, Fax (+243) 880 55 21
· Ministry of Human Rights, Fax (+243) 12 20 664
Please also write to the embassies of Democratic Republic of Congo in your respective country.
Geneva, November 22nd, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case COD 311001
Incommunicado detention/Fair trial
Geneva, November 22nd, 2001
The International Secretariat of OMCT has received new information regarding the following situation in Democratic Republic of Congo.
New information
The International Secretariat of OMCT has been informed by the Comité des Observateurs des Droits de l'Homme (CODHO), a member of the OMCT network, of the continuing incommunicado detention of Mr. José Mafwata Shamba in Democratic Republic of Congo.
According to the information received, Mr. José Mafwata Shamba was transferred to the ANR-Intérieur prison in Kinshasa on November 15th. He was arrested on October 4th, having been summoned without reason and without an arrest warrant by members of the Détection militaire des activités anti-patrie (military intelligence)/Department of the Interior (DEMIAP). He was being held in the DEMIAP jail proir to having been transferred.
According to the information received, Mr. José Mafwata Shamba, who is the Secretary General of the Rassemblement National Populaire (RNP) party, has not been allowed access either to legal counsel or to his family since his detention began, giving rise to fears that he may be being subjected to ill-treatment or torture, which are prevalent in the DEMIAP's jails and have even lead to deaths in detention (see Case COD 240401). Under the auspices of the Republican Pact (Pacte Républicain), signatories, which include the Congolese authorities, have pledged not to harass political leaders who are engaging in their professional activities.
Mr. José Mafwata Shamba is being held despite a lack of formal charges having been pressed against him. He is reportedly being held because he distributed party membership cards, despite the fact that his party has not yet been officially registered. He has not yet been brought before a judge, and OMCT fears that he may be detained for a lengthy period before this is the case.
The International Secretariat of OMCT is deeply concerned by this arbitrary arrest and incommunicado detention, which appears to have been conducted primarily for political reasons, and fears that Mr. José Mafwata Shamba may be subjected to torture while in detention.
Brief reminder of the situation
According to information received, Mr. José Mafwata Shamba was summoned without reason and without an arrest warrant on 4 October 2001, in the Boulevard du 30 juin in Kinshasa, outside the "Sabena" offices by members of the Détection militaire des activités anti-patrie (military intelligence)/Department of the Interior (DEMIAP). He was then held in the DEMIAP jail and has not been allowed to receive any visitors since he was arrested.
According to information received, Mr. Shamba is the Secretary General of the Rassemblement National Populaire (RNP) party, the president of which, Mr. Manda Mobutu, is in exile in France. Mr. Shamba allegedly arrived in Kinshasa on 29 September 2001, not only for family reasons, but also to undertake the formalities required to legalise the RNP.
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. José Mafwata Shamba;
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;
iv. intervene with the appropriate authorities in order to secure that Mr. José Mafwata Shamba be allowed to meet with his relatives and lawyer;
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, Democratic Republic of the Congo, Fax : (+243) 880 02 120
· Ministry of Justice, POB 3137, Kinshasa Gombé, Democratic Republic of the Congo, Fax (+243) 880 55 21
· Ministry of Human Rights, Fax (+243) 12 20 664
Please also write to the embassies of Democratic Republic of Congo in your respective country.
Geneva, November 22nd, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.