Democratic Republic of Congo
04.06.02
Urgent Interventions

DRCongo: arbitrary detention of 3 members of the Moleboy family and one policeman

Democratic Republic of Congo: Torture and legal proceedings against Freddy Loseke

Case COD 090500

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Democratic Republic of Congo.

Brief description of the situation

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Freddy Loseke Lisumbu La Yayenga, Editor of La Libre Afrique, who has been in custody since his arrest on 31 December 1999 in the Democratic Republic of Congo and who is currently on trial on charges of "outrage à l'armée" (insulting the army).

According to the information received, he is in severe ill-health as a result of being tortured while in custody, and despite failing to produce evidence, the prosecution has demanded a 10-year prison sentence for Freddy Loseke on charges of "outrage à l'armée". Reports indicate that a verdict is imminent.

It is believed that the process is politically motivated. The charge relates to two articles which Freddy Loseke wrote in late December 1999 about alleged unrest within the armed forces. According to the information, Mr. Loseke has appeared before the Cour d'Ordre Militaire on several occasions and his case has repeatedly been adjourned because the prosecution has failed to provide the relevant documentation.

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 Freddy Loseke and ensure immeidate access to adequate medical assistance;
ii. guarantee an immediate investigation into these allegations of torture, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iii. put an end to the trial of civilians in military courts, revoke all decisions that might be pronounced by the court and order the immediate release of Freddy Loseke;
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

The President Laurent-Désiré Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo. Fax (+ 243) 880 02 120

Mr Mwenze Kongolo, Minister of Justice, Ministère de la Justice, BP 3137, Kinshasa Gombé, République Démocratique du Congo.

Mr Gaetan Kakudji, Minister of the Intérieur, Ministère de l'Intérieur, Hôtel du Conseil exécutif, Kinshasa - Gombé, République Démocratique du Congo.

Geneva, May 9, 2000

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.