Democratic Republic of Congo
27.01.03
Urgent Interventions
DRC: release of Mr. N'sii Luanda and lawyer Willy Wenga Ilombe
Case COD 270401.1.CC
Follow up of case COD 240401
CHILD CONCERN
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 Observateurs des droits de l’Homme (CODHO), a member of OMCT, that Diyavanga Nkuyu, Mbumba Ilunga, Mwati Kabwe, Bosey Jean-Louis and Banga Djuna, 5 children condemned to death by the Military Court (COM, Cour d’Ordre Militaire), had their sentences commuted to life imprisonment.
Banga Djuna, who did not figure in the initial appeal, was born in 1984 and was arrested on 12 April 1999 and condemned to death in Mbadaka on 8 August 1999 for involuntary murder.
According to the same information, Nanasi Kisala was also condemned to death, but has not benefited from the presidential decision and is still awaiting execution. Nanasi Kisala, born in 1984, was arrested on 14 October 2000 and condemned in Mbandaka on 27 April 2001 for involuntary murder.
Brief remainder of the situation
The International Secretariat of OMCT had been informed by CODHO that four children had been condemned to death by the Military Court (COM, Cour d’Ordre Militaire) of the Democratic Republic of Congo. The Military Court is an exceptional court in which no appeal is possible. In each of these cases the trials have allegedly been carried out summarily.
According to the information received, all of these children had been convicted as soldiers at the time of their trials. They had been awaiting execution in the ex Makala central prison in Kinshasa.
The International Secretariat of OMCT had recalled that, according to 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.
Remarks and action requested:
The International Secretariat of OMCT wishes to thank all those institutions, organizations and individuals who intervened on their behalf on the children condemned to death, but asks you to keep up writing to the authorities of the Democratic Republic of Congo urging them to:
i. immediately repeal the death sentences passed on each child, in particular the one against Nanasi Kisala, in conformity with their international obligation established under art. 6, paragraph 5 of the International Covenant on Civil and Political Rights and reiterated in article 37 of the Convention on the Rights of the Child;
ii. immediately repeal the life imprisonment sentences passed on each child and particularly those against Diyavanga Nkuyu, Mbumba Ilunga, Mwati Kabwe, Bosey Jean-Louis and Banga Djuna, in conformity with their international obligations pursuant to article 37 of the Convention on the Rights of the Child;
iii. ensure that the children sentenced to death and to life imprisonment have the right to appeal the sentence before a competent, independent and impartial authority or judicial body, according to article 40 of the Convention on the Rights of the Child;
iv. amend the Congolese legislation as a matter of priority, in order to abolish the death penalty and life imprisonment for children under 18 years of age;
v. ensure the competence, independence and impartiality of the COM as well as the fairness of its procedures, according to article 14 paragraph 1 of the International Covenant on Civil and Political Rights as well as article 40 of the Convention on the Rights of the Child;
vi. recognise the necessity for every child to be judged by judges with a special training in juvenile justice;
vii. 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, May 31st, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow up of case COD 240401
CHILD CONCERN
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 Observateurs des droits de l’Homme (CODHO), a member of OMCT, that Diyavanga Nkuyu, Mbumba Ilunga, Mwati Kabwe, Bosey Jean-Louis and Banga Djuna, 5 children condemned to death by the Military Court (COM, Cour d’Ordre Militaire), had their sentences commuted to life imprisonment.
Banga Djuna, who did not figure in the initial appeal, was born in 1984 and was arrested on 12 April 1999 and condemned to death in Mbadaka on 8 August 1999 for involuntary murder.
According to the same information, Nanasi Kisala was also condemned to death, but has not benefited from the presidential decision and is still awaiting execution. Nanasi Kisala, born in 1984, was arrested on 14 October 2000 and condemned in Mbandaka on 27 April 2001 for involuntary murder.
Brief remainder of the situation
The International Secretariat of OMCT had been informed by CODHO that four children had been condemned to death by the Military Court (COM, Cour d’Ordre Militaire) of the Democratic Republic of Congo. The Military Court is an exceptional court in which no appeal is possible. In each of these cases the trials have allegedly been carried out summarily.
According to the information received, all of these children had been convicted as soldiers at the time of their trials. They had been awaiting execution in the ex Makala central prison in Kinshasa.
The International Secretariat of OMCT had recalled that, according to 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.
Remarks and action requested:
The International Secretariat of OMCT wishes to thank all those institutions, organizations and individuals who intervened on their behalf on the children condemned to death, but asks you to keep up writing to the authorities of the Democratic Republic of Congo urging them to:
i. immediately repeal the death sentences passed on each child, in particular the one against Nanasi Kisala, in conformity with their international obligation established under art. 6, paragraph 5 of the International Covenant on Civil and Political Rights and reiterated in article 37 of the Convention on the Rights of the Child;
ii. immediately repeal the life imprisonment sentences passed on each child and particularly those against Diyavanga Nkuyu, Mbumba Ilunga, Mwati Kabwe, Bosey Jean-Louis and Banga Djuna, in conformity with their international obligations pursuant to article 37 of the Convention on the Rights of the Child;
iii. ensure that the children sentenced to death and to life imprisonment have the right to appeal the sentence before a competent, independent and impartial authority or judicial body, according to article 40 of the Convention on the Rights of the Child;
iv. amend the Congolese legislation as a matter of priority, in order to abolish the death penalty and life imprisonment for children under 18 years of age;
v. ensure the competence, independence and impartiality of the COM as well as the fairness of its procedures, according to article 14 paragraph 1 of the International Covenant on Civil and Political Rights as well as article 40 of the Convention on the Rights of the Child;
vi. recognise the necessity for every child to be judged by judges with a special training in juvenile justice;
vii. 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, May 31st, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.