Democratic Republic of Congo
31.05.02
Urgent Interventions

DRCongo: arbitrary arrest of Mr. Kitenge Baruani Franck

URGENT APPEAL - OBSERVATORY

Original : French

RDC 008 / 0007 / OBS 073
Harassment and interrogation
Democratic Republic of Congo (South-Kivu)
19 July 2000

The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, request your URGENT intervention on the following situation in the Democratic Republic of Congo.

Brief description:

The Observatory has been informed by ASADHO (African Association for the Defense of Human Rights) that Mr. Golden Misabiko and Mr. Freddy Kitoko, respectively the president and a member of the Katanga section of ASADHO, are being subject to harassment and intimidation.

According to the information received, Golden Misabiko was summoned on several occasions by the director of the National Agency of Information in Katanga (ANR/KAT), Mr. Pascal Katuta Kapela. On 7 July, Mr. Misabiko returned to the ANR office and was subjected to an interrogation which lasted the entire day, and he had to return on Monday, 10 July and Tuesday, 11 July for more interrogation on the same matters. He was principally asked questions concerning his involvement with ASADHO.

On 15 July, Mr. Freddy Kitoko granted an interview with RFI, during which he denounced the ANR interrogation of Mr. Misabiko. The next day, ANR agents appeared at the Center for Human Rights with a summons in Freddy Kitoko’s name. Mistaking the identity of the person stopped, the ANR agents interrogated Mr. Been Masudi, the Executive Secretary of the Human Rights Center, instead of Freddy Kitoko. Hence, the agents are still looking for Mr. Kitoko.

The observatory recalls that the ASADHO office has been sealed since April 1998 despite general amnesty measures taken by the Kinshasa authorities in 1999.
The Observatory is concerned for the safety of Mr. Golden Misabiko and Mr. Freddy Kitoko, both harassed simply because they support fundmental freedoms. Furthermore, the Observatory expresses its preoccupation with the arbitary measures exercised by the Kinshasa authorities, who systematically harass human rights defenders in DRC.

Action Requested

Please write to the authorities of the Democratic Republic of Congo (DRC) urging that they :

i. to guarantee the physical and psychological integrity of Mr. Golden Misabiko and Mr. Freddy Kitoko;

ii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognised human rights and fundamental liberties) in particular its Article 1 which provides that " Every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level. "

iii. more generally guarantee the effective respect of fundamental human rights and freedoms in accordance with the provisions of the Universal Declaration of Human Rights and the universal and regional Pacts and Covenants ratified by the Democratic Republic of Congo.

Addresses

Laurent Désiré Kabila, President of the Democratic Republic of Congo; Fax : +243 880 02 120

Geneva- Paris, 19 July 2000

Kindly inform the Observatory of any action undertaken quoting the code number of the present appeal.

The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.1998 Human Rights Prize of The French Republic

To contact the Observatory, call the Emergency line :Fax : 33 (0) 1 55 80 83 92
Tel FIDH 33 (0) 1 43 55 20 11 OMCT + 4122 809 49 39
E.Mail : observatoire@iprolink.ch