Fear for safety of Mr. Norbert Luyeye Binzunga, detained in CPRK in Kinshasa

Arbitrary detention/ Torture and ill-treatment/ Fear for physical and psychological integrity

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Democratic Republic of Congo (DRC).

Brief description of the situation

The International Secretariat of OMCT has been informed by the Voix des Sans-Voix pour les Droits de l'Homme (VSV), a member organisation of OMCT SOS-Torture Network, about the arbitrary detention as well as of the acts of torture and ill-treatment inflicted upon Mr. Norbert Luyeye Binzunga, president of the party “Union of the Republicans” (Union des Républicains, UR). He is currently detained at the Kinshasa Penitentiary and Re-education Centre, the main prison in Kinshasa, charged with “contempt of the head of State”.

According to the information received, Mr. Norbert Luyeye Binzunga was arrested on 4 March 2009 on the order of the General Administrator of the National Intelligence Agency (Agence Nationale des Renseignements, ANR), accused of having uttered public insults against the President of the Republic, by militaries of the Republican Guard, police and agents of the ANR and taken forcibly to the Presidential Security, located in the former Litho Moboti Group (GLM) building in Kinshasa/ Gombe. He was then transferred to the cabinet of the General Administrator (located on the Coteaux avenue), where he would have been tortured, including with violent blows, until he lost consciousness.

Mr. Norbert Luyeye Binzunga was then detained incommunicado at the Direction of Internal Security (Direction de Sécurité Intérieure, DSI) of the ANR in Kinshasa/ Gombe until his transfer, on 9 May 2009, by the prosecution service of the Appeal Court of Matete to ward 8 of the Kinshasa Penitentiary and Re-education Centre. Since then, he would have again access to his family and lawyers, but would still not have been examined by a doctor, raising fear for his health following the acts suffered.

OMCT is preoccupied for the health and safety of Mr. Norbert Luyeye Binzunga and urges the DRC authorities to guarantee at all times his physical and psychological integrity in accordance with the Convention against Torture and other cruel, inhuman and degrading treatment or punishment and the International Covenant on Civil and Political Rights both ratified by DRC, as well as the UN Standard Minimum Rules for the Treatment of Prisoners.

OMCT condemns the acts of torture and other forms of ill-treatment suffered by Mr. Norbert Luyeye Binzunga and recalls article 11 of the Convention against Torture which stipulates that “Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture ».

OMCT urges the competent Congolese authorities to guarantee a prompt, effective, thorough, independent and impartial investigation into these allegations, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

Furthermore, the authorities should ensure that Mr. Norbert Luyeye Binzunga obtains redress and a fair and adequate compensation, including the means for as full rehabilitation as possible.

Finally, OMCT is preoccupied that the detention is politically motivated and recalls that « no one shall be subjected to arbitrary arrest or detention » (article 9.1 of ICCPR). Moreover, according to article 15 of the 07/008 law establishing the status of political opposition “no member of the political opposition can be abducted, arrested, charged, searched, detained or tried because of his political opinions expressed in respect of the Constitution, laws and rules of the DRC[1]”.

Action requested

Please write to the authorities of the DRC urging them to:

1. Guarantee in all circumstance the physical and psychological integrity of Mr. Norbert Luyeye Binzunga;
2. Guarantee him immediate and unconditional access to a medical examination by a doctor of his choice as well as an appropriate medical treatment, in accordance with the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Order his immediate release in the absence of valid legal charges that are that are consistent with international law and standards, and if such charges exist, ensure that he is given a prompt and fair trial, in which his procedural rights are guaranteed at all times;
4. Guarantee a prompt, effective, thorough, independent and impartial investigation into these allegations, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
5. Ensure that adequate, effective and prompt reparation, including adequate compensation, proper medical care and rehabilitation, is granted to Mr. Norbert Luyeye Binzunga;
6. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.

Addresses

• President of the Republic, H.E. Mr. Joseph Kabila, Cabinet du Président de la République, Palais de la Nation, Kinshasa/Gombe, Democratic Republic of Congo, Email: upp@ic.cd; Fax +243 88 02 120;
• Minister of Foreign Affairs and International Cooperation, Mr. Alexis Tambwe Mwamba, Cabinet du Ministre, bâtiment du Ministère des Affaires Etrangères, Kinshasa/Gombe, Democratic Republic of Congo;
• Minister of Justice, Mr. Luzolo Bambi Lesa, Ministry of Justice, BP 3137, Kinshasa Gombé, Democratic Republic of Congo, Fax: + 243 88 05 521, Email : minjustrdc@yahoo.fr
• Minister of Human Rights, Mr. Upio Karura, Cabinet du Vice-Ministre, Boulevard du 30 juin, Kinshasa/Gombe, Democratic Republic of Congo, Fax: + 243 12 20 664 ; + 243 9939971 ; Email: mindroitshumains@yahoo.fr
• Ambassador, Mr. Antoine Mindua Kesia-Mbe, Permanent Mission to the Democratic Republic of Congo, Avenue de Budé 18, 1202 Geneva, Switzerland, e-mail : missionrdc@bluewin.ch, Fax : +41 22 740.16.82

Please also write to the embassies of DRC in your respective country.

*

Geneva, 16 June 2009

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

[1] OMCT translation. The French version reads «aucun membre de l’opposition politique ne peut être enlevé, interpellé, poursuivi, recherché, détenu ou jugé en raison de ses opinions politiques exprimées dans le respect de la Constitution, des Lois et Règlements de la RDC ».