Democratic Republic of Congo
19.05.03
Urgent Interventions
DRC: Former child soldiers : Release/Death penalty
CHILD CONCERN
Case COD 270401.2.CC
Follow-up of case 270401.1.CC
Geneva, August 17th, 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 Observateurs des droits de l’Homme (CODHO), a member of OMCT network, that a new child has been condemned to death in the Democratic Republic of Congo.
According to information received, Babuyu Oleko, a child soldier born on May 3, 1984, was arrested November 15, 2000 and condemned to death on January 10, 2001 for involuntary murder. On the 20th of July, 2001, Babuya Oleko arrived in the central prison of Kinshasa. He was incarcerated in building 2, which is reserved for adults condemned to death. He was incarcerated with Nanasi Kisala, another child condemned to death (see urgent appeal COD 270401.1.CC).
Diyavanga Nkuyu, Mbumba Ilunga, Mwati Kabwe, Bosey Jean-Louis, and Banga Djuna, five children who were condemned to death but had their sentences commuted to life imprisonment, have received a new presidential pardon. According to CODHO, they are now condemned to 5 years imprisonment.
Brief reminder of the situation
The International Secretariat of OMCT has been informed by CODHO that six children have been condemned to death by the Military Court (COM, Cour d’Ordre Militaire) of the Democratic Republic of Congo, which does not allow appeals. In each of these cases the trial was conducted summarily. Five of these children had their death sentences commuted to life imprisonment.
All of these children had been convicted as soldiers at the time of their trial. They had been awaiting execution in the ex-Makala central prison in Kinshasa.
The International Secretariat of OMCT had recalled that, according to the terms of the Special Rapporteur on the Situation of Human Rights in the DRC, the COM has been widely criticised for its failure to satisfy the conditions of independence and of impartiality in its judgements. The COM exercises prerogative powers that are incompatible with international norms on the administration of justice. In particular, its statutes do not allow for any form of appeal.
Actions requested:
The International Secretariat of OMCT wishes to thank all those institutions, organisations, and individuals who intervened on the behalf of the children and requests you to continue to write the authorities of the Democratic Republic of the Congo urging them to:
1. repeal all death sentences imposed on children under the age of 18, and in particular the sentences of Nanasi Kisala and Babuya Oleko, in conformity with their international obligation established under article 6 of the International Covenant on Civil and Political Rights and reiterated in article 37 of the Convention on the Rights of the Child;
2. ensure children that are condemned to death the right to appeal the sentence before a competent, independent, and impartial authority or judicial body, according to article 40 of the Convention of the Rights of the Child;
3. amend the Congolese legislation in order to abolish the death penalty and life imprisonment for children under the age of 18;
4. ensure the competence, independence, and impartiality of the COM as well as the fairness of its procedures, in accordance with article 14 of the International Covenant of Civil and Political Rights as well as article 40 of the Convention on the Rights of the Child;
5. recognise the necessity for every child to be judged by judges with special training in juvenile justice;
6. ensure that incarcerated children are separated from adult prisoners, unless its in their best interest not to be, in accordance with article 37 of the Convention on the Rights of the Child;
7. guarantee the respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards and, in particular, the Convention on the Rights of the Child.
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, August 17, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Case COD 270401.2.CC
Follow-up of case 270401.1.CC
Geneva, August 17th, 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 Observateurs des droits de l’Homme (CODHO), a member of OMCT network, that a new child has been condemned to death in the Democratic Republic of Congo.
According to information received, Babuyu Oleko, a child soldier born on May 3, 1984, was arrested November 15, 2000 and condemned to death on January 10, 2001 for involuntary murder. On the 20th of July, 2001, Babuya Oleko arrived in the central prison of Kinshasa. He was incarcerated in building 2, which is reserved for adults condemned to death. He was incarcerated with Nanasi Kisala, another child condemned to death (see urgent appeal COD 270401.1.CC).
Diyavanga Nkuyu, Mbumba Ilunga, Mwati Kabwe, Bosey Jean-Louis, and Banga Djuna, five children who were condemned to death but had their sentences commuted to life imprisonment, have received a new presidential pardon. According to CODHO, they are now condemned to 5 years imprisonment.
Brief reminder of the situation
The International Secretariat of OMCT has been informed by CODHO that six children have been condemned to death by the Military Court (COM, Cour d’Ordre Militaire) of the Democratic Republic of Congo, which does not allow appeals. In each of these cases the trial was conducted summarily. Five of these children had their death sentences commuted to life imprisonment.
All of these children had been convicted as soldiers at the time of their trial. They had been awaiting execution in the ex-Makala central prison in Kinshasa.
The International Secretariat of OMCT had recalled that, according to the terms of the Special Rapporteur on the Situation of Human Rights in the DRC, the COM has been widely criticised for its failure to satisfy the conditions of independence and of impartiality in its judgements. The COM exercises prerogative powers that are incompatible with international norms on the administration of justice. In particular, its statutes do not allow for any form of appeal.
Actions requested:
The International Secretariat of OMCT wishes to thank all those institutions, organisations, and individuals who intervened on the behalf of the children and requests you to continue to write the authorities of the Democratic Republic of the Congo urging them to:
1. repeal all death sentences imposed on children under the age of 18, and in particular the sentences of Nanasi Kisala and Babuya Oleko, in conformity with their international obligation established under article 6 of the International Covenant on Civil and Political Rights and reiterated in article 37 of the Convention on the Rights of the Child;
2. ensure children that are condemned to death the right to appeal the sentence before a competent, independent, and impartial authority or judicial body, according to article 40 of the Convention of the Rights of the Child;
3. amend the Congolese legislation in order to abolish the death penalty and life imprisonment for children under the age of 18;
4. ensure the competence, independence, and impartiality of the COM as well as the fairness of its procedures, in accordance with article 14 of the International Covenant of Civil and Political Rights as well as article 40 of the Convention on the Rights of the Child;
5. recognise the necessity for every child to be judged by judges with special training in juvenile justice;
6. ensure that incarcerated children are separated from adult prisoners, unless its in their best interest not to be, in accordance with article 37 of the Convention on the Rights of the Child;
7. guarantee the respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards and, in particular, the Convention on the Rights of the Child.
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, August 17, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.