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Suspected death of Jean Claude Ngandu : The president of the Human Rights Organisation ADSAD
is dead. 22/09/2011 ADSAD is a non-governmental organization whose purpose is to defend human rights and to assist those who have
been detained in the Democratic Republic of Congo.
Jean Claude Ngandu was a lawyer working at the Magistrates courts
in Bandundu City in the Dem. Rep. Of Congo. He been president of ADSAD since 2004 after the former president fled the country.
Ngandu was very involved as activist to defend those who have been detained arbitrarily in the Dem. Rep. Of Congo. Ngandu has
unpack and denunciate many abuses among detainees in official and unofficial prisons in Congo. In some of his recent contacts
he highlighted the pressures and threats from the security services in the Dem. Rep. Of Congo.
After this
death, as members of ADSAD we need an investigation to be carried out in order to unpack this suspected death.
In the name
of Adsad team, we presents our condolences to Ngandu’s family. Adsad Team
More than 1,100 women raped every day, report says. AFP,
11.05.2011
More than 1,100 women are raped every day
in the Democratic Republic of Congo, a US medical report released Wednesday says. More than 400,000 women and girls were raped
over a 12-month period, more than 26 times the number reported by the UN.
AFP -
More than 1,100 women are raped every day in the Democratic Republic of Congo (DRC), making sexual violence against women
26 times more common than previously thought, a study concluded Wednesday.
More than 400,000 women and girls between the ages of 15 to 49 were raped in the vast, war-ravaged country in
central Africa during a 12-month period in 2006 and 2007, according to the study published in the American Journal of Public
Health. That is 26 times more than
the 15,000 women that the United Nations has reported were raped there during the same 12 months. "Our
results confirm that previous estimates of rape and sexual violence are severe underestimates of the true prevalence of sexual
violence occurring in the DRC," said Amber Peterman, lead author of the study.
"Even these new, much higher figures still represent a conservative estimate of the true prevalence of sexual
violence because of chronic underreporting due to stigma, shame, perceived impunity, and exclusion of younger and older age
groups as well as men," she said. The study, which gathered data from 2007, did not capture
sexual violence among girls younger than 15 years or women older than 49 years and did not include sexual violence among boys
and men. "Although the burden
of sexual violence among these groups is uncertain, a review of the records of 4,133 women attending Panzi Hospital in Sud
Kivu showed that six percent were younger than 16 years and 10 percent were older than 65 years," said the
study. "In addition, Human Rights Watch reported that sexual violence in 2009 doubled
in comparison with 2008. If this assessment is accurate, then the current prevalence of sexual violence is likely to be even
higher than our estimates suggest." Commenting on the study, Michael VanRooyen, director of the Harvard Humanitarian Initiative, said that "rape in the
DRC has metastasized amid a climate of impunity, and has emerged as one of the great human crises of our time."
Police on trial for killing Floribert Chebeya: the continuation
of impunity
- BBC
News - November 12, 2010 The trial has started of
eight officers charged with the murder of a prominent human rights activist in the Democratic Republic of Congo. They are
accused of killing Floribert Chebeya, head of the charity Voice of the Voiceless, in June. His body was found bound and gagged
in the back of his car after being called to a meeting with police chief John Numbi, which did not take place. Gen Numbi has
been suspended but does not face any charges. The BBC's Thomas Hubert at the court in the capital, Kinshasa, says Gen
Numbi was unexpectedly presented to the court as a witness. About 300 people have turned up for the trial, our reporter says. Impunity fears The officers all face charges of abduction, assassination, terrorism, conspiracy
and mislaying of weapons. Three of the accused are on the run and will be tried in absentia. A lawyer representing Voice of
the Voiceless said the case should have been heard before a high military court. "There is no judge with a rank equal
to his [Gen Numbi], so it was the head of state's responsibility to promote magistrates so that they could match his rank
and try him, otherwise it is just the continuation of impunity," Peter Ngomo told the BBC. Mr Chebeya received regular threats in a career spanning more than 20 years. On
the day he disappeared, Mr Chebeya sent a text message to his wife saying that he was at the police headquarters for the meeting,
but was not heard from again. Both the police and Voice of the Voiceless have confirmed that the meeting with Gen Numbi did
not take place. Mr Chebeya's driver, Fidele Bazana, is still missing. Our reporter says the trial will probably last for
several months, especially if Mr Chebeya's supporters put up a legal fight to bring Gen Numbi before the court, as they
have promised.
Hundreds
mourn murdered DR Congo rights activist – Floribert Chebeya – 27 June 2010 - By Edouardin Mputu (AFP) KINSHASA, DR Congo
— Nearly 1,000 people Saturday gathered for the funeral of murdered Democratic Republic of Congo rights activist Floribert
Chebeya with mourners paying tribute to a man who "earned... a place in the pantheon of heroes." Foreign diplomats and government ministers were among those who paid their
last respects to Chebeya, president of La Voix des Sans-Voix (The Voice of the Voiceless). His death earlier this month prompted international criticism notably from the United States and European
Union. The ceremony in a stadium included dancing,
traditional songs and tributes and was followed by a special mass at a cathedral in Kinshasa. His body was due to buried later
Saturday. Kabila’s
Government tries to show to the International Community that they loved Floribert after his assassination - Just a lie The funeral was attended by Alan Doss, special representative of United
Nations Secretary-General in DR Congo, and the ministers for justice and budgetary affairs. Chebeya's body, dressed in white, was placed in a coffin in a temporary chapel on the stadium pitch. Many
mourners wore T-shirts emblazoned with Chebeya's picture amid a heavy police presence. "Your death by a terrible crime broke my heart, you earned the respect of the nation and a place in the
pantheon of heroes," veteran opposition leader Etienne Tshisekedi, the president of the Union for Democracy and Social
Progress who is currently in Europe, wrote in a letter read out during the ceremony. VSV coordinator Peter Ntumba looked back on the career of Chebeya, who he said was "committed to defending
democracy, human rights and fundamental liberties for nearly 27 years. "His
life was a model of commitment and evangelism, his blood is the blood of a martyr, a seed which will produce other Floriberts",
said Ntumba. In his sermon during a special mass at
Notre Dame of Congo cathedral, Archbishop Laurent Monsengwo said Chebeya "had a place in the history of Congo because
of his commitment to justice, peace and human dignity." "Through
his departure, Chebeya celebrates liberation. As long as man does not understand that he must not kill another, there will
always be Floriberts. The person we mourn is the voice of the voiceless," added Father Yves Koko, priest of the parish
of Notre Dame. Chebeya and his driver disappeared on
June 1 after going to the police headquarters where he had been called to a meeting with police chief John Numbi, which never
took place. The 47-year-old was found dead in the
morning of June 2, tied up on the back seat of his car on a road on the outskirts of Kinshasa. The driver, Fidele Bazana,
has not been found. The police chief has been suspended and
around a dozen officers have been arrested in the course of the enquiry, which is being carried out by military justice authorities. Local and international non-governmental organisations and rights bodies
including Human Rights Watch and Amnesty International have called for an international enquiry. As the cortege travelled from the stadium to the cathedral, several opposition activists held banners accusing
DRC President Joseph Kabila of involvement in Chebeya's death and calling for his resignation. After the mass, justice minister Emmanuel Janvier Luzolo promised that "justice would be done" during
the ongoing investigation. The cause and circumstances
of the death remained unclear. Preliminary results of a June 11 autopsy by Dutch coroners did not rule out the use of violence. Samples were taken to the Netherlands for detailed examination and final
results were expected over coming weeks.

The assassination of
Floribert Chebeya is unacceptable -6/6/2010 The
Adsad condemned the assassination of Mr Floribert Chebeya.- the leader of the human rights organisation called ‘Voix
des Sans Voix’ means Voice of the Voiceless. As
we know, Floribert Chebeya was found dead in a car Wednesday the 2nd June 2010 in Kinshasa - the Capital of the
DR Congo. Like many other human rights activists Floribert Chebeya had been arrested by Congolese authorities numerous times
over the past two decades. What is sure is that the
Congolese Government was involved in that assassination. That is not the first time in DR Congo; many people still suffering
because of their right. U.N. human rights official,
Philip Alston, said Friday that he does not think the investigation will be meaningful. Alston said it is "very likely"
the government was involved in Chebeya's death. French
news reports say a police colonel, Daniel Mukalay, implicated Numbi in Chebeya's death. The rights activist was believed
to be on his way to a meeting with Numbi last Tuesday before disappearing. Interior Ministry officials say national police chief John Numbi was suspended late Saturday to allow for
a smooth inquiry into the death of Floribert Chebeya. ‘Enough
is enough’ we cannot build a nation without human rights activists – everyone need to play his/her part to rebuild
the country. Universal Declaration of Human Rights:
Article 3: Everyone has the right to life, liberty and security of person. Article 5: No one shall be subjected to torture
or to cruel, inhuman or degrading treatment or punishment. Adsad
team
Congo leaders 'killed
opponents' – BBC - 26 nov. 08 - 10.41h A rights group has accused the government of the DR Congo of using violence to
eliminate political opponents since polls in 2006. Human Rights Watch (HRW) said Congolese security forces had deliberately
killed more than 500 people in a campaign against opposition groups.
Human Rights Watch said
the abuses were attracting scant attention because everyone was focusing on the conflict in the east.
More than 250,000 people have fled their homes since fighting erupted in August between government troops
and rebels loyal to Tutsi General Laurent Nkunda.
On Monday UN Secretary General
Ban Ki-moon said that all parties involved in the conflict had committed serious human rights abuses.
His special envoy, Olusegun Obasanjo, has urged Congolese President Joseph Kabila to talk with Gen Nkunda
in order to prevent the situation from worsening.
'Brutal force'
In its report, Human Rights Watch (HRW) accused Mr Kabila's government of "brutal
repression" following elections in July 2006 aimed at bringing democracy to the country after years of fighting.
Five hundred perceived opponents had been killed since then and another 1,000 had been detained
- many of whom reported being tortured, it said.
Many of those targeted were supporters
of defeated presidential candidate Jean-Pierre Bemba and of another political group in the west of the country.
Opposition groups had also used violence, HRW said. "In these cases, the police and army
had a duty to restore order, but often did so with excessive force," it said.
Lambert
Mende, a government spokesman, said the report did not reflect the facts.
Congolese
judges could not avoid convicting people who had committed crimes on the basis that they were political opponents, he said.
But Anneke Van Woudenberg, a senior researcher for HRW, said that the group had
documented the use of "brutal force" against government critics.
"This,
of course, together with the rebellion in the east, is dramatically undermining Congo's ability to develop a democratic
state," she told the BBC.
'Grave concern'
Last week, the UN Security Council approved an additional 3,000 soldiers and police for the UN peacekeeping
mission in DR Congo in an effort to prevent the conflict in the east from escalating
Aid
agencies are struggling to reach tens of thousands of people displaced by the fighting in North Kivu province.
On Monday, the UN leader said both government forces and rebel troops had carried out arbitrary
executions, mass killings, rape and torture there.
In a 28-page report for the UN
Security Council, Ban Ki-moon said the human rights situation there was a "cause for grave concern".
Special envoy Olusegun Obasanjo is due to return to DR Congo at the weekend for more talks
aimed at ending the conflict, the UN said.
Congo's
former government headed by current President Joseph Kabila lost and stole $1.3 billion – report. Reuters-24 jul. 08 - 09.09h
KINSHASA (Reuters) - An investigation showed $1.3
billion was stolen or lost in corruption and mismanagement of government agencies and state-run businesses in the Democratic
Republic of Congo in 2006-2007.
Dozens of officials who worked in the post-war transitional government, headed by current President Joseph Kabila,
are being investigated. Those found guilty will be asked to reimburse money and could face prison, a minister involved in
the inquiry said late on Tuesday.
Congo has become a by-word for corruption as it remains
mired in poverty and conflict despite its vast wealth, ranging from copper, cobalt and gold mines in the east to swathes of
timber in the heart of the country and oil fields in the west.
Relative peace has returned to some parts and foreign
investors are flocking to the central African giant after elections in 2006 saw the country reopen for business.
"The result of the work (the investigation) ... so far is ... the discovery that $1.3 billion was embezzled or is missing
from the earnings," Godefroid Mayobo, minister for the prime minister's office, said late on Tuesday.
The
government has opened disciplinary proceedings against 53 people believed to be responsible, he added, as he announced preliminary
findings of two commissions looking into corruption and the recovery of state assets.
Funds disappeared from government
departments dealing with customs and tax. The agencies and businesses implicated were supposed to be providing everything
from electricity and water to overseeing Congo's chaotic aviation and insurance sectors.
Despite promises of a fresh start and better services during election campaigning, analysts say corruption and mismanagement
are still rife under Kabila's latest government.
Kabila won the late 2006 election having ruled the country
unelected for six years after the president, his father Laurent, was assassinated.
A government official said
the investigation only covered the period in 2006 and 2007 when there was a transitional government that included former rebels,
the civilian opposition and members of civil society.
Six neighbouring countries took part in Congo's 1998-2003 war, which was nominally over hunting down foreign rebels but descended into a battle
over the nation's resources.
The international community has spent billions of dollars on peacekeeping and
hundreds of millions more to hold elections and try to rebuild the shattered nation.
Last year, corruption watchdog
Transparency International put Congo in the top 10 of the world's most corrupt countries.
Museveni says U.N.,
Congo must deal with his rebels - Associated Press - 16 jun. 08 - 11.04h The president of Uganda, a key U.S. ally in Africa, said Friday the United Nations and a neighboring
country now have the responsibility of dealing with rebels who’ve been fighting his government.
President Yoweri Museveni said the rebels,
the Lord’s Resistance Army, have been pushed by Uganda into Congo. Museveni described the rebels as a “proxy” for Sudan’s government, although
last week, the rebels said they were attacked by Sudanese troops.
The U.S. State Department numbers the rebels only
in the hundreds but considers them a terrorist group. Formed more than 20 years ago, it is known for raping children and using
them as soldiers, and its leaders are wanted by the International Criminal Court in The Hague.
Museveni came to Fort Leavenworth to watch his
son, Maj. Muhozi Museveni Kainerugaba, graduate from the Army’s Command and General Staff College, where he completed
a 10-month course in military leadership and war fighting skills.
The president said
Uganda will help Congo or the United Nations find
a peaceful resolution of the conflict but added, “It is the responsibility of the Congo government to deal with them there.”
“If they
want our support, we are ready and able to assist them,” Museveni told reporters after the graduation. “Otherwise,
it is really a problem of Congo and the United Nations.” Museveni said a peace agreement would offer the rebels “a soft landing.”
But he was confident that his nation could defeat the Lord’s Resistance Army should it attempt to return to Uganda.
“If they come back, we will
deal with them promptly,” he said.
His son was one of 50 international officers
among the 800 graduates of the command college. Museveni spent time Thursday seeing the post and the community, having dinner
with his son’s host family.
Spokeswoman Janet Wray said it was the first time
in at least 30 years that a foreign leader has attended the graduation.
Jendayi
Frazer, assistant secretary of state for African affairs, said the U.S. considers Uganda a good partner in the global war on terrorism. Museveni and President
Bush have met on numerous occasions during Bush’s seven-year term.
She said the Lord’s Resistance Army leader
Joseph Kony sees himself as a messiah and therefore it’s unlikely the group could become part of a larger terror network,
such as al-Qaida, which is blamed for bombings of U.S. embassies in 1998 in Kenya and Tanzania.
Still, she said, because of the rebels’ tactics, “They
are a highly destructive force.”
Museveni links the rebel group to the Sudanese
government because of ongoing conflicts in that nation’s Darfur region.
Sudan’s government has been blamed for atrocities in Darfur in a conflict pitting Arabs against Africans. The
U.N. says 2.5 million people have been displaced and as many as 300,000 killed.
Last week, both the Ugandan rebels and
the southern Sudanese army reported fighting between those two groups, though the battles could not be independently confirmed.
Kansas Sen. Sam Brownback, who addressed the graduates, said in an interview afterward
that Uganda is important for the United States militarily and strategically
in the global war on terrorism. He’s also been outspoken about the human rights violations occurring in Sudan, in particular the Darfur region.
“Africa’s the continent in
play. The president and Uganda are a key country in this,” Brownback said.
In April, Kony never arrived for a scheduled signing of a peace
deal with diplomats who flew to his jungle hideout. The Ugandan government would have asked the International Criminal Court
to withdraw its indictments of rebel leaders to help end two decades of conflict.
Museveni
said Uganda and the United States share common interests in
defeating terrorism and rejecting indiscriminate acts of violence.
He acknowledged his government had to use violence
in the past to maintain control but called it “disciplined and targeted violence.”
Congo rebels recruiting in Uganda- UPDF - General Laurent Nkunda is secretly drafting Ugandans into his forces to fight the Kinshasa government - The Monitor - 22 may. 08 - 12.11h Renegade
Congolese General Laurent Nkunda is secretly drafting Ugandans into his forces to fight the Kinshasa government, the Ugandan military said on Tuesday.
This revelation follows the arrest on Sunday of 2nd Lt John Nganiza
at Total fuel station in Kashari, Mbarara District as he tried to smuggle 13 men he had enlisted from Kakoba Division to join
Gen. Nkunda’s Congolese National and Democratic Party/ Congolese National Army (CNDP/ANC).
The suspects include Mr Emmanuel Karekyezi, Mr Francisco Ntezimana, Mr Emmanuel Rusanganwa, Mr Joseph Ngamija,
Mr Mugisha Ndamasene, Mr Poster Nsabimana, Mr Onori Nkundizana, Mr Emmanuel Twagirayesu and another man identified only as
Bahati.
Others are Mr Tarsis Njurimwami, WO II Gasoli Apolinyeri, Staff Sgt. Esien
Nsigaro and Cpl. Abdu Halerima. Capt. Tabaro Kiconco, the UPDF Spokesman in western Uganda said the recruits were to be transported through the border district of Kanungu allegedly to get work
placements in eastern Democratic Republic of Congo.
“He [2nd Lt. Nganiza] deceived the recruits that he was
taking them to work in the DRC because there are a lot of job opportunities there,” Capt. Kiconco said while parading
the suspects before journalists at Makenke Barracks on Tuesday. He identified 2nd Lt.
Nganiza as an intelligence officer belonging to the pro-Tutsi Gen. Nkunda militia with training and operational bases in north
Kivu province.
The army retrieved a mobile phone and Shs150, 000 from 2nd Lt. Nganiza
and said the money was to be used to transport the recruits across the porous frontier.
Brig.
Charles Otema, the commanding officer of the UPDF 2nd division said: “Arresting and handing them [the dissidents] over
to DRC government is the measure we have taken to protect our population. We can’t allow them to destabilise our country.”
Late last year, Ugandan intelligence officials seized an omnibus in Kanungu District,
carrying refugees from Nakivale settlement camp in Isingiro District, who were allegedly poised to join Gen. Nkunda’s
forces.
The cocktail of insurgents based in the eastern DRC include the Interahamwe
better known by the acronym FDRL, fighting the Paul Kagame-led Rwandan government. The
UPDF is now on alert in Kanungu and Kisoro districts following reports of repeated incursions by Congolese rebels on Ugandan
soil.
It was not yet clear when Ugandan authorities intend to turn the renegades
over to the administration in Kinshasa. As a signatory of the Tripartite
Plus security agreement, Uganda like other partner states; the DRC, Rwanda and Burund is obliged to hand over such belligerents to countries of origin.
UN troops 'armed DR Congo rebels' – BBC - 28 apr.
08 - 09.37h
The
UN has covered up claims that its troops in Democratic Republic of Congo
gave arms to militias and smuggled gold and ivory, the BBC has learned.
Kung
Fu, whose real name is General Mateso Ninga, said: "Yes, it's true, they did give us arms. They said it was for the security
of the country. So they said to us that we would help them take care of the zone."
The allegations, based on confidential UN sources, involve Pakistani and Indian troops working as peacekeepers.
The UN investigated some of the claims in 2007, but said it could not substantiate claims
of arms dealing.
UN insiders told the BBC's Panorama they had been prevented from pursuing
their inquiries for political reasons.
Gold and ivory
The UN peacekeeping operation in DR Congo is the largest in the world, with 17,000 troops, spread across the
country.
It's true they did, give us arms. They said it was for the security of the country
Spotlight on India and Pakistan
The BBC's Martin Plaut, who returned
to DR Congo to follow up his initial investigation into the allegations, says they have managed to bring a measure of stability
since they were first established by the UN in February 2000.
They have also helped disarm
the warring factions, run democratic elections and assisted with reconstruction.
But an
18-month BBC investigation for Panorama has found evidence that:
- Pakistani peacekeepers
in the eastern town of Mongbwalu were involved in the illegal
trade in gold with the FNI militia, providing them with weapons to guard the perimeter of the mines.
- Indian peacekeepers operating around the town of Goma
had direct dealings with the militia responsible for the Rwandan genocide, now living in eastern DR Congo.
- The Indians traded gold, bought drugs from the militias and flew a UN helicopter into the Virunga National Park, where they exchanged
ammunition for ivory.
The UN looked into the allegations concerning the Pakistani troops
in 2007.
It concluded that one officer had been responsible for dealing in gold - allowing
traders to use UN aircraft to fly into the town, putting them up at the UN base and taking them around the town.
But the UN decided that "in the absence of corroborative evidence" its investigators "could not substantiate
the allegation" that Pakistani peacekeepers supplied weapons or ammunition to the militia.
Ammunition boxes
The head of the UN peacekeeping operation in New York
Jean-Marie Guehenno declared last year: "The investigation has found no evidence of gun smuggling.
The
UN's Alan Doss responds to the allegations
"But it has identified an individual who seemed
to have facilitated gold smuggling. We have shared the report with the concerned troop contributing country and I am confident
they will take the required action. And this issue is closed."
But returning to eastern
DR Congo, the BBC spoke to several residents of the mining town of Mongbwalu,
who said they had seen the FNI re-armed.
One former militant told our correspondent he
had witnessed seven boxes of ammunition being brought from the UN camp to the re-supply the FNI during a critical fire-fight.
Two FNI leaders known as "Kung-fu" and "Dragon", who have been jailed in the capital,
Kinshasa, have stated publicly that they received help from
the UN.
The BBC managed to get into the maximum security jail and both confirmed this.
Political pressure
Kung Fu, whose
real name is General Mateso Ninga, said: "Yes, it's true, they did give us arms. They said it was for the security of the
country. So they said to us that we would help them take care of the zone."
The FNI has
been described by Human Rights Watch as "some of the most murderous individuals that operate in eastern Congo".
The ethnic Lendu
militia was involved in the bitter clashes with their Hema rivals in the Ituri district.
UN
insiders - close to the investigation - told the BBC they had been prevented from pursuing their inquiries for political reasons.
The BBC's Martin Plaut says that in short, the Pakistanis, who are the largest troop contributors
to the UN in the world, were too valuable to alienate.
These are not the only allegations
to have been brought against peacekeepers in DR Congo.
In December 2006, former UN Secretary
General Kofi Annan said Moroccan troops had been involved in widespread sexual abuse.
"There
have been crimes such as rape, paedophilia and human trafficking," he said, shortly before leaving office.
Diplomat pleads
guilty to possessing child pornography – AP
- 18 apr. 08 - 10.16h
ALEXANDRIA, Va. (AP) — A former U.S.
diplomat pleaded guilty Thursday to possession of child pornography in a case that also included allegations that he pressured
visa applicants in Brazil for sex.
Gons
Gutierrez Nachman, 42, admitted during a plea hearing in U.S. District Court that he had sex with 14- to 17-year-old girls
while serving as a consular officer in Brazil and Congo, and that he documented the encounters in pictures and videos.
According
to court documents, Nachman extensively documented his sexual activities from at least 2004 through 2006. One videotape was
labeled "2004 Congo Sexual Adventures."
The plea deal includes no admission, however, to allegations that Nachman
pressured attractive Brazilian visa applicants for sex.
In a court affidavit, a State Department investigator said
she interviewed several visa applicants in Brazil
who had sex with Nachman after being aggressively pursued by him. One of the women told agents that Nachman "took advantage
of her."
Nachman's attorney, Lorilee Gates, said Nachman likely faces nine to 11 years in prison under federal sentencing
guidelines. She declined to comment after the hearing.
The plea bargain prohibits the government from bringing more
serious charges against Nachman, including production of child pornography, which carries a mandatory minimum sentence of
15 years.
Nachman, a dual citizen of the U.S. and Costa Rica, earned his law degree at the University
of Pennsylvania, where he was president of the Naturist Student Association
and led demonstrations involving public nudity in 1995, according to the campus newspaper.
Thursday's hearing ended
on an unusual note. Nachman's attorney told the judge that Nachman was trying to marry his fiancee but was having difficulty
doing so because the jail where he is being held prohibits such ceremonies.
"Are you asking me to perform the wedding?"
Judge Gerald Bruce Lee asked.
Gates said that would be wonderful, and the judge appeared to be considering the idea
until prosecutor Ron Walutes pointed out that the fiancee is a 21-year-old Brazilian national - a profile not entirely
dissimilar from some of Nachman's victims in the case.
Lee then said he thought the logistical difficulties of obtaining
a marriage license while incarcerated made such a ceremony unlikely.
RD Congo:
Arbitrary executions, rape, torture and other forms … - Monthly Human Rights Assessment:
October 2007 – MONUC - 28
nov. 07 - 15.47h
Summary:
Germain Katanga, warlord and leader of the Force de Résistance Patriotique en Ituri (FRPI) militia was transferred to the
International Criminal Court (ICC) for trial; In Kisangani, Province Orientale, two military magistrates were subjected to
cruel, inhuman and degrading treatment by FARDC soldiers acting on the orders of the Commander of the 9th Military Region;
On 26 October 2007, the Independent Expert
on the human rights situation in the DRC, Mr. Titinga Pacere, addressed the UN General Assembly’s Social, Humanitarian
and Cultural (third) Committee. He stated that the human rights situation in the DRC remained a matter of grave concern, characterized
by arbitrary executions, rape, torture and other forms of cruel, inhumane and degrading treatment perpetrated by the FARDC
and the PNC as well as armed groups, in a climate of total impunity.
In Katanga Province, an attempted prison break in Buluwo resulted in five deaths; The “Gédéon”
trial continued before the Kipushi Military Tribunal, Katanga Province; MONUC and Congolese military justice officials conducted
a second investigative mission into allegations of mass rape perpetrated in Lieke Lesole, Opala territory, Orientale Province;
FARDC and PNC elements were responsible for a huge number of violations of the rights to life and physical integrity, including
rape.
Main developments
1. On 30 September 2007, two military magistrates attached to the Office of the Military
Prosecutor in Kisangani, Orientale
Province, were subjected to cruel, inhuman and degrading treatment by
FARDC elements acting on the orders of the Commander of the 9th Military Region. The men were arrested at their residence
located in the Makiso commune at around 5:00 p.m. by General Kifwa himself, accompanied by twenty members of his security
detail.
They were undressed, severely beaten in the presence of members of their respective
families and subsequently taken to the Katele military camp, almost naked and with their hands tied behind their backs where
they were again subjected to severe beatings. On the morning of 1st October, they were further humiliated by being exposed
during the weekly military parade presided over by General Kifwa. The victims were admitted to a local clinic in a serious
condition.
2. In reaction to the above incident, all civilian and military magistrates
operating in the city of Kisangani went on strike and subsequently, on 2 October 2007, addressed a memorandum to the President
of the Republic in which they condemned the recurrent intrusion and interference in the independence of the judiciary by senior
military commanders, in violation of the Congolese Constitution and international norms and standards as well as the use of
torture, cruel , inhumane or degrading treatment by the Commander of the 9th Military Region.
The
signatories to the memorandum also recommended that the perpetrator should be suspended, replaced and brought to justice,
sine qua non condition for the end of the strike; the clarification of the type of relationship that should exist between
the military leadership and the judiciary and an end to interference of high-ranking officers in the administration of justice.
MONUC condemned the illegal arrest and mistreatment of the magistrates in a press release issued on 4 October 2007. MONUC
also supported the demands expressed in the memorandum signed on 2 October by Magistrates of Kisangani; recommended that the
Commander of the 9th Military Region and his subordinates should be immediately suspended and brought to justice; and urged
the relevant authorities to take all necessary measures to guarantee the independence of the judiciary in the DRC.
3. Germain Katanga, leader of the Force de Résistance Patriotique en Ituri (FRPI) militia in Ituri, was transferred
to the International Criminal Court (ICC) on the night of 16-17 October 2007 with the assistance of Congolese authorities.
He is accused of having committed crimes against humanity and war crimes in Ituri in 2002 and 2003. Germain Katanga was allegedly involved in many serious massacres committed
in Ituri, including in Nyakunde in September 2002 where at least 1200 civilians were massacred by FRPI militiamen under his
command.
Germain Katanga
also allegedly directed many other massacres including those of Bunia, Komanda and Bogoro where hundreds of civilians were
tortured, enslaved and killed. Germain Katanga was promoted to the rank of General in the FARDC on 10 January 2005, together
with five other former warlords of Ituri, all accused of similar crimes. He was arrested on 11 March 2005 together with Thomas
Lubanga and with three other leaders of the Lendu/Ngiti militias (Floribert Ndjabu, Goda Sukpa, Pitshou Iribi).
4. On 26 October 2007, the Independent Expert on the human rights situation in the DRC, Mr. Titinga Pacere, addressed
the UN General Assembly’s Social, Humanitarian and Cultural (third) Committee. He stated that the human rights situation
in the DRC remained a matter of grave concern, characterized by arbitrary executions, rape, torture and other forms of cruel,
inhumane and degrading treatment perpetrated by the FARDC and the PNC as well as armed groups, in a climate of total impunity.
He deplored the fact that in North-Kivu, the ongoing clashes involving pro-Nkunda soldiers
have been accompanied by serious human rights violations. He denounced the widespread problem of sexual violence, most specifically
in North-Kivu, South-Kivu and Equateur Provinces.
He called upon the authorities to give special priority to preventing and combating the prevailing climate of impunity. To
this end, he called for the creation of an International Criminal Court or mixed Chambers specifically to deal with crimes
in the DRC, and urged the government to adopt a “zero-tolerance” policy for perpetrators of serious human rights
violations.
5. On 3 October 2007, a joint team composed of the MONUC/Kisangani and the
Congolese military justice officials, the Administrator of Opala territory, UNPOL and Milobs conducted a second investigative
mission into allegations of mass rape perpetrated in Lieke Lesole, Opala territory, Orientale Province, from 21 July-3 August,
by a group of Mayi Mayi under the command of Col Thoms. The team interviewed 29 victims of rape, including 8 minors as well
as 24 victims of ill-treatment and extortion. Mayi Mayi elements under the command of a certain Col Thoms were allegedly responsible
for 114 cases of rape and other human rights violations committed in Lieke Lesole from 21 July to 3 August 2007.
6. In Katanga Province, on 15 October 2007, an attempted prison escape at the high security prison in Buluwo
-110 km north of Lubumbashi - resulted in five deaths, three inmates and two policemen, and injury to eleven persons, including
prisoners, FARDC soldiers and policemen. Most of the inmates at Buluwo are military prisoners and have been sentenced to death,
life in prison, other long prison terms or are political detainees. The mutiny was triggered by a decision taken by the Acting
Deputy Director of the prison to provide the PNC and FARDC prison guards with food from the inmates’ food supplies.
FARDC soldiers were responsible for at least ten cases of arbitrary execution as well as other human rights
violations, particularly violations to the rights to physical integrity, liberty and security of persons throughout the DRC
7. On 30 September 2007, two civilians were allegedly arbitrarily executed by two FARDC corporals
of the 24th Integrated Brigade, close to the Parking market- 49 km northeast of Beni, North-Kivu.
According to reliable sources, the perpetrators had forced the men to carry their personal belongings and then shot them at
point- blank range because they showed signs of fatigue before arriving at their destination. The same sources indicated that,
in order to cover up their act, the two FARDC elements claimed that the men had been killed during an attack by a group of
ADF/NALU (Ugandan rebels). The Office of the Military Prosecutor has already identified the perpetrators.
8. On 27 October 2007, a mother and her four children were shot dead by a FARDC soldier in Gbado, Commune of
Maluku, Kinshasa. The alleged perpetrator later committed
suicide. According to police sources, he frequently assumed the role of a policeman with the complicity of his brother, the
Commander of the local police station. Earlier that day, he had reportedly had an altercation with a bandit. Apparently, in
retaliation, he later went to the man’s home and shot his wife and four children.
9.
On 9 October 2007, in Cagala, territory of Walungu,
South-Kivu Province,
a civilian was allegedly shot dead by FARDC soldiers in his private residence. The victim’s wife was also injured during
the attack.
10. In Butembo, North-Kivu
Province, armed men in military uniform believed to be FARDC soldiers
were allegedly responsible for two cases of arbitrary execution. On the night of 20-21 October 2007, a woman was shot dead
by an armed man in military uniform and on the night of 24-25 October 2007, a business man was shot dead in similar circumstances’.
No one has yet been arrested in connection with the killings.
11. On the night 13-14 October
2007, the driver of the former Governor of North-Kivu Province was allegedly shot dead in Goma, North
Kivu, by an armed man believed to be a soldier of the 14th Integrated Brigade. The victim’s wife, a six-month
pregnant lady, was also seriously injured during the attack. She was admitted to the local hospital in a critical condition.
12. In Gwoknyeri (27 km west of Mahagi, Ituri), in a local bar, thirteen civilians were
threatened with death and one of them was shot on his right leg by a FARDC sergeant, on 29 October 2007. All victims were
suspected of stealing his magazine. The perpetrator was later neutralized by the bar customers.
13.
In Ituri, on 12 October 2007, a minor was allegedly raped by a FARDC soldier of the 1st Integrated Brigade in Ayforo -45 km
north of Aru. The alleged perpetrator is still at large.
14. In South-Kivu, on 29 September
2007, between the villages of Kasagi II and Mankulu, a woman was allegedly threatened with death and subsequently raped by
a soldier of the 11th FARDC Brigade based in Shabunda.
15. In North-Katanga, on 9 October
2007, ninety-two civilians, including women, residents of the village
of Kahese-80 km southwest of Manono- in the Collectivity of Kyofwe, Groupement
of Mbayo- were subjected to cruel, inhuman and degrading treatment as well as extortion by 25 FARDC soldiers of the 67th Brigade.
The alleged perpetrators were on official mission to the area in order to arrest a number of men suspected to be Mayi-Mayi
combatants. The victims have lodged a formal complaint with the Office of the Military Prosecutor in Kalemie.
16. In Province Orientale, on 27 September 2007, a civilian was arbitrarily arrested, illegally detained over
a period of 12 days, and beaten up by six FARDC soldiers in Makangba -48 km of Isiro-.
17.
On 9 October 2007, a truck driver was allegedly arrested, extorted and subjected to ill-treatment by a group of FARDC soldiers
under the command of a Lieutenant in Ngote- 32 km west of Mahagi-, Ituri, on the grounds that he had refused to give a ride
to the wife of one of the perpetrators.
18. In Kasaï oriental, on 6 October 2007, a civilian
was allegedly extorted and subjected to ill-treatment by five FARDC soldiers in the Commune of La Muya, Mbuji Mayi. The victim was admitted to the local hospital.
19.
In North-Katanga, on the night of 23 October, a woman was allegedly arbitrarily arrested and illegally detained with her two
month-old baby in place of her husband by two FARDC soldiers of the 671st Battalion in Kafumbe - 90 km southeast of Manono-.
PNC elements were implicated in serious human rights violations during the month in review, in particular,
violations of the rights to life and physical integrity, including torture and rape
20. On 27
October, a police officer shot dead a motorcycle taxi driver in Butembo, North
Kivu Province during clashes
with a group of taxi drivers who were passing with the body of a dead colleague on a police vehicle. Earlier that day, the
discovery of the dead body of the motorcycle taxi driver in the Commune of Bulengera had resulted in a mass demonstration
by the other taxi drivers which was dispersed by the PNC at around 11:00 a.m.
In reaction
to the arbitrary execution of their colleague, the taxi drivers set fire to the PNC vehicle. They subsequently set up roadblocks
on the main streets of the town, set fire to the house of the policeman who had killed their fellow taxi man and also to the
PNC station in the Mususa Commune.
21. On 21 October 2007, two civilians were shot dead
by a PNC officer in Mwene Ditu, Kasaï Oriental
Province. The alleged perpetrator together with three other PNC officers
met with resistance from local residents when they went to arrest a suspect. The PNC officer subsequently fired at the crowd
killing two civilians. The alleged perpetrator went into hiding but his colleagues were arrested and transferred to the Office
of the Military Prosecutor.
22. In Ituri, on 2 October 2007, a 90-year-old arson suspect
was allegedly tortured to death by two policemen in the locality of Djupuyaka, Mokambo collectivity -southeast of Mahagi-.
Local sources indicated that the victim was wrongfully suspected of arson and was severely beaten during his arrest and transfer
to Apala. On 12 October 2007, he succumbed to his injuries.
23. In Kasaï Oriental, on
the night of 6-7 October 2007, two civilians, including a theft suspect and a PNC collaborator, were allegedly shot dead by
a PNC officer in the village of Muhemba
Nzewu, District of Kabinda -80 km southeast of Mbuji Mayi-. According to local sources, one of
the victims resisted arrest on legal grounds as it was 11:00 pm, whereas the second victim, a PNC collaborator, was killed
by accident as he was trying to neutralize the suspected thief. The PNC has opened an investigation into the case.
24. On 16 October 2007, an inmate sentenced to life imprisonment for libel against the Head of State, forgery
and the use of forgery, and criminal conspiracy in Katanga Province was allegedly abducted and summarily executed, by the Groupe Mobile d’Intervention
(GMI), in connection with the Buluwo Prison mutiny of 15-16 October 2007. Local sources revealed that the victim died as result
of cruel, inhuman and degrading treatment. The dead body was transferred to the mortuary of the General hospital in Likasi, Katanga Province.
25. In Equateur, on the night of 30 September 2007, two minors were allegedly raped by
a FARDC soldier and a PNC element, in the locality of Yandongi, District of Mongala (540 km northeast of Mbandaka). According
to victim’s parents, the two minors were intercepted, taken to the nearby forest, threatened with death and subsequently
raped.
26. In Maniema Province, on 6 August 2007, a minor, who was detained at the local PNC holding cell,
was allegedly raped by the PNC Commander in Punia -230 km northeast of Kindu-. The Commander had relocated the victim to his
private residence, reportedly on security grounds. The victim was threatened and subsequently raped by the PNC commander.
The alleged perpetrator was arrested and detained at the local prison.
27. In Ituri, on
22 October 2007, a minor was allegedly raped by a PNC officer of the Groupe Mobile d’Intervention (GMI) in Bunia. The
victim’s father has lodged a complaint with the local PNC. The alleged perpetrator was arrested
28. In Kasaï Occidental, on the night of 23-24 October 2007, a minor was allegedly gang raped by two policemen,
at the Kananga railway station. The victim was admitted to
the local clinic whereas as one of the suspects was arrested and detained at the PIC (Police d’ Investigation Criminelle)
holding cell
29. In Kasaï Occidental, on 22 September 2007, a minor was allegedly raped
by two policemen attached to the Katoka II PNC sub station, Kananga.
The victim was intercepted, taken to one of the holding cells and alternately raped by the two policemen. The perpetrators
are still at large.
30. In Kasaï Oriental, in the neighborhood of Bubanji, Commune of
Diulu, Mbuji Mayi, a minor was allegedly repeatedly raped by a PNC officer attached to the mines Office, in connivance with
his junior sisters, over a period of 72 days (since 4 August 2007). The alleged perpetrator and his accomplices were arrested
and detained on 12 October 2007.
31. In Kasaï Occidental, on 24 October 2007, a woman
was allegedly gang raped by four PNC officers in Mashala, Territory
of Dibengue. The alleged perpetrators were arrested.
32. On 29 October 2007, a minor was allegedly intercepted and subsequently raped by a policeman in Bandundu Ville.
The alleged perpetrator was caught in flagrante delicto by the victim’s mother. He was later arrested and transferred
to the Office of the Military Prosecutor. In an unrelated case, on 28 October 2007, a minor was allegedly victim of an attempted
rape by a policeman in the locality of Bulungu, District of Kwilu -200 km north of Kikwit, Bandundu Province-. The alleged perpetrator
was arrested and transferred to the local PNC headquarters.
33. In Katanga, on 24 October 2007, a fisherman was allegedly subjected
to ill-treatment by two elements of the naval police in the locality of Kapolowe -120 km northeast Kipushi-. The victim was
repeatedly beaten up and subsequently detained at the PNC sub-station in Kapolowe. He was later admitted to the local hospital
in a critical condition. One of the two alleged perpetrators was arrested and detained.
34.
In Kinshasa, eleven journalists were briefly arrested, detained
and allegedly struck by PNC officers attached to the Funa PNC station in the Commune of Kalamu on 30 October. The victims
were reportedly preparing to cover a meeting organized by members of the extra-parliamentary opposition scheduled for later
that day. According to the local PNC, the meeting was “not authorized”. The police officers allegedly confiscated
the personal belongings of the journalists during their arrest.
Implication of other security services in Human
Rights violations
35. On the night of 22-23 September 2007, in the neighborhood of Mikonga, Commune
of Nsele, Kinshasa, a woman was allegedly shot dead and her
husband injured by two men in Republican Guard uniforms. The assailants had attempted to extort the couple. The victim died
on the spot whereas her husband was admitted to the local hospital.
36. On the night of
4-5 October 2007, a civilian was allegedly extorted and shot dead in his car, in presence of his wife, by two armed men wearing
Republican Guard uniforms, in the neighbourhood of Binza, Commune of Ngaliema, Kinshasa.
37. On 2 October 2007, a civilian was allegedly arbitrarily arrested and subjected to
cruel, inhuman and degrading treatment by two ANR elements in the village of Bishile -45 km from Kongolo, Katanga Province, who accused him of facilitating prostitution. The victim was
admitted to the local hospital in a critical condition.
38. In North-Katanga, on 19 October
2007, a journalist was allegedly arbitrarily arrested, illegally detained and severely beaten by 12 ANR agents in Kongolo
- 350 km northeast of Kalemie-, causing injury to his right eye. The victim had gone to the ANR office to verify a report.
He was admitted to the local hospital for treatment.
39. In Kasaï Oriental, on 12 October
2007, a civilian was allegedly arbitrarily arrested and illegally detained for four days in place of his son by the local
ANR. The victim’s son was suspected of embezzlement in a local company.
Members of armed groups have
continued to commit human rights abuses on the populations of North and South Kivu
40. In North-Kivu, on the night of 28-29 October 2007, a civilian was killed, three others were injured by machete
and a minor was abducted by Mayi-Mayi combatants commonly referred to as “Baraka Group” in the Groupement of Mwenye,
territory of Lubero.
41. On 15 October 2007, two diamond traders were allegedly extorted and shot dead by two
Mayi-Mayi combatants in the locality of Kikonde, territory of Fizi
-141 km south of Uvira-South Kivu
Province.
42. Still in South-Kivu,
on the night of 31 October-1 November 2007, three civilians were allegedly abducted and taken to an unknown destination and
a local clinic was looted during an attack carried out by the FDLR in the village
of Kabushwa/Katana -42 km north of Bukavu-.
Administration
of Justice
43. During the month of October the trial of former Mayi
Mayi leader, Kyungu Mutanga, alias “Gédéon” continued before the Kipushi Military Tribunal in Katanga Province. Several witnesses testified
to the implication of Mayi Mayi elements under the command of Gédéon in armed attacks, murder, arbitrary executions, cannibalism,
mutilation, rape and sexual slavery in the territory of Mitwaba in 2004.
Throughout the hearings, Gédéon
categorically denied his involvement and claimed to have learned of the different accusations brought against him and his
men for the first time in court. On 30 October the Prosecutor informed the Tribunal that 11 new persons, including Gédéon’s
wife, two children and bodyguards, were officially summoned to appear before the court.
44.
On 6 October 2007, a former FNI militia member who was among the persons charged with the murder of two MONUC Military Observers
in Mongbwalu in May 2003, and had escaped from the Bunia Prison on 13 January 2007, was captured by the PNC in Mongbwalu.
He was sentenced in absentia to life imprisonment for war crimes by the Bunia
Military Court on 19 February 2007. He was officially notified of his sentence by the Office of
the Military Prosecutor in Bunia on 10 October. After the notification was delivered, his lawyer immediately filed a motion
against the judgment, therefore effectively requesting a new trial for the accused. The new trial began on 23 October before
the Bunia Military Tribunal.
45. In South-Kivu, on 27 October 2007, fifty-seven civilians,
including 20 women, accused of practising witchcraft, were arbitrarily arrested in Luvungi -58 km north of Uvira- illegally
detained, subjected to ill-treatment and subsequently transferred to Lemera -80 km north of Uvira- by elements of the FARDC
12th Integrated Brigade with the complicity of local traditional leaders. Local sources indicated that the 57 were detained
under very inhumane conditions at the residence of the traditional leader (Mwami) of the Bafulero tribe to await tests aimed
at determining if they were indeed involved in the practice of witchcraft.
All 57 detainees
were released following the intervention of the UNHRO on 31st October and most of them were transported back to Luvungi. Comment:
It’s important to point out that Congolese Law does not recognise witchcraft as an offence and therefore the arrest
of the 57 civilians was completely arbitrary. The Mwami’s action is illegal and is punished under Art. 57 of the Penal
Code.
46. In South-Kivu, two cases of mob justice were reported, respectively in Bukavu
and Burhale, Territory of Walungu.
In Bukavu, on the night of 29-30 October 2007, a civilian suspected of theft was lynched by the local population. In Burhale,
another theft suspect was beaten to death by the local residents.
Prisons and other Detention Centres
47. On 1 October 2007, the inmates of Kindu Central Prison, Maniema
Province, staged a violent protest against the appalling conditions at
the detention facility. They prevented the rehabilitation work on a section of the prison and ransacked the Director’s
office. The protest was provoked by a fight between two military inmates and a civilian, resulting in injury to all three.
The situation was brought under control in the afternoon following the intervention of the PNC Provincial Inspector, the Public
Prosecutor as well as the Military Prosecutor. The three injured and another inmate who had been sick for over two weeks were
taken to the Kindu General Hospital
for treatment.
48. On 16 October 2007, a 64-year-old man died while in detention at the
Office of the Military Prosecutor holding cell in Lodja, Kasaï
Oriental Province. The victim
had allegedly been arbitrarily arrested and illegally detained over a period of 14 days for receiving stolen goods. Despite
his deteriorating health condition, the victim was not granted bail to go to the local clinic. In reaction to his death, the
local population staged a violent demonstration which was subsequently dispersed by the PNC. The Office of the Public Prosecutor
has opened an investigation into the case.
49. Mass escapes from prisons and holding cells
in the DRC continued throughout the reporting period. Cases were registered in Equateur
Province and in Ituri. In Gemena, ten inmates escaped from the local
central prison on the night of 17-18 October 2007. During the night of 16-17 October 2007, a group of 14 inmates, charged
with serious crimes, including rape, murder and armed robbery reportedly escaped from the Mahagi Central Prison. On the night
of 21-22 October 2007, ten suspects escaped from the PNC holding cell in Thedeja - 21 km southeast of Mahagi-Ituri. In Equateur Province,
between 16 and 22 October 2007, five inmates escaped from the Gbadolite Central Prison - 950 km north of Mbandaka.
50. On the night of 22-23, an inmate escaped form the Kalemie Central Prison in North Katanga Province.
Still in North-Katanga, on 13 October 2007, two PNC officers charged with rape escaped from the FARDC (Inspection Judiciaire
Militaire) holding cell in Kongolo. The guard on duty was arrested and detained.
51. In
Province Orientale, during a visit of the Ministers of Justice and Human Rights, nine inmates of the Kisangani Central prison
were granted conditional release (libération conditionnelle) for having served a quarter of their sentences and for good behaviour,
in compliance with Articles 35 and 38 of the penal Code.
52. During the night of 3-4 October
2007, an inmate escaped from the PNC holding cell in Aru, Ituri. The two FARDC soldiers on duty were allegedly drunk. They
went into hiding after the escape. In Ituri, on 9 October 2007, two inmates escaped from the Bunia Central Prison. In North-Katanga,
during the night of 4-5 October 2007, three inmates escaped from the Kalemie central prison.
DRC: Insecurity prompts political crisis in South Kivu – IRIN - 19 nov. 07 - 09.53h
KINSHASA, 16 November
2007 (IRIN) - Democratic Republic of Congo's war-ravaged province of South Kivu has been plunged into a political crisis after
the governor rejected the provincial assembly's decision to sack him for mismanagement.
"I am
not affected by this motion. I heard about it like everyone else but I have not been officially informed of the matter," Célestin
Cibalonza told IRIN by phone.
Assembly members passed a motion of no-confidence against
Cibalonza on 14 November, saying he had managed the province's affairs badly and had failed to tackle rampant insecurity.
A variety of armed Congolese and foreign groups are active in the province.
Under the constitution, a governor subjected to a no-confidence motion is supposed to hand his resignation
to the national president within 24 hours and dissolve his provincial government.
"Since
the governor refuses to bend, the dispute can only be resolved in the courts. But in the time that takes, the insecurity is
likely to get worse," said Philippe Buyoya, a political scientist at Lubumbashi and Kinshasa universities.
Cibalonza's spokesman and provincial justice minister Alfred Maisha said the governor had formally
called on the Supreme Court of Justice in Kinshasa and the court
of appeal in Bukavu, South Kivu's capital, to throw out the no-confidence ruling. He said the assembly had given
no notice of the motion's debate nor offered the governor a chance to defend himself.
Maisha told the AFP news agency that the assembly had created
an "institutional crisis."
R. Mountain: Progress has been very disappointing bringing
sexual violence perpetrators to justice - Nina Yacoubian / MONUC - 06 nov. 07 - 13.30h
With the continuous tense situation in East of the country triggering more sexual violence
against women, we talked to MONUC Deputy Special Representative of the UN Secretary General, Ross Mountain, about this issue
and the efforts that the international community and the DRC government are doing to solve the problem.
INTERVIEW
Is sexual violence a long term societal problem
in the DRC or it is just a result of war?
The further tragic dimension
is that while the conflict has largely stopped, this practice continues on.
The
tradition, as I understand it, has been to look after women and protect them in the different societies. Therefore, it is
very largely a result of a protracted conflict in this country.
The further tragic dimension
of this, however, is that while the conflict has largely stopped, this practice continues on, and frankly, given the very
large number of cases, it continues to face women across this country.
Did you get any statistics on the number
of victims of sexual violence?
It is quite hard to get specific statistics.
Overall, I am sorry to say that we are dealing literally with hundred of thousands of victims over the last couple of years.
For example, there was a UNFPA survey of roughly half of the health centers, last year, and that found 50,000 cases reported.
If that many cases were reported, how many cases are really there.
In South Kivu alone, in 2006,
we were looking at something like 25,000 cases. This is an extraordinary large problem. It is not just an anecdotal problem
but a massive one that demands we all combined try and make sure that essentially not only women who are victims of rape and
abuse are treated but that sexual violence must stop.
Who are the perpetrators?
Historically, it has been men in uniform on demand and, indeed, they remain the largest perpetrators as well.
Today, they include clearly militias and the armed forces of this country as well as, and I am sorry to say, the police. That
remains the prime group of perpetrators.
At the same time, however, the proportion that
has been committed now by civilians, who are not military and uniform personnel, is increasing. That is a very troubling sign.
Is the government doing anything special to change this situation?
The proportion that
has been committed now by civilians is increasing. That is a very troubling sign.
The
government has been involved with the international community in what is called the “initiative conjointe” which
brings together a number of UN agencies as well as national and international civil society and various ministers.
They deal first with the treatment of victims such as medical treatment and psycho-social treatment, and then,
with their reinsertion back into their community or another community because of the stigmatization problem that unfortunately
lingers on.
The government is also concerned with the issue of bringing perpetrators to
justice. I am sorry to say that this is the weakest part of this exercise. While some progress has been made on the treatment
side, and we have remarkable examples like Panzi Hospital,
and MSF Hospital
in Bunia, in terms of bringing the perpetrators to justice, progress has been very disappointing.
There
have been some examples, such as in Equateur, where some seventy eight members of the military battalion were accused of having
raped nearly 120 women. With the support of the international community and MONUC human rights, we managed to get some 12
of them brought before military justice where about six were convicted.
Unfortunately,
with the current state of the prisons in this country, after a month or two nobody was in custody. I offer this as an example
of the challenge that is before us and that is why we are working with our government partners to see how we can focus indeed
specially on the area of justice and impunity. Without that, we fear that the dissuasion that is necessary for those who continue
to repeat such practices will not have effect.
What exactly MONUC is doing?
MONUC is very involved with the humanitarian community in the protection of civilians. Our military forces
are deployed around internally displaced camps and accumulations to provide protection and to discourage violence against
civilians.
Unfortunately, with
the current state of the prisons in this country, after a month or two nobody was in custody.
MONUC
combine with the UN country team here, which is in this area led particularly by the UN Population Fund (UNFPA) to put together
an integrated program that deals with all aspects of this. We are actively working with government partners in terms of making
sure that this is denounced at all levels, that such violations are reported.
We are doing
what we can collectively to ensure that those who are identified can be brought to justice. It is a long road, but it is a
road that certainly has been started and we are determined that progress will be made.
What are the humanitarian
agencies doing for sexual violence victims?
In my capacity as a humanitarian
coordinator, I do have fund at my disposal for humanitarian work. This is one of the areas we have prioritized to ensure that,
on one hand, protection is provided to avoid more of this happening, and on the other hand, victims of sexual violence do
receive the kind of comfort and support that is obviously very important.
Currently we
are concerned about the conflict that is going on in North Kivu where since September, there
are about 150,000 people, including women and children, who have been displaced from their homes. Indeed, since last December,
we were up to 350,000 displaced. That means in the province as a whole, we have currently about 800,000 displaced persons.
Unfortunately, we have seen at the same time an increase of sexual violence in the province
again mostly perpetrated by men in uniform and that is something that clearly the UN agencies and the NGO partners as well
as MONUC military are very sensitive about and very concerned that they do all that is possible to, on one hand stop these
thing from happening and protect the population, and, on the other hand, try to bring relief, comfort and care to those who
are victims.
North Kivu: existence
of mass graves - at least nine dead bodies found in Rubare - Nina Yacoubian / MONUC - 19 sep. 07 - 17.37h
At its weekly press conference on Wednesday 19 September 2007, MONUC
confirmed the presence of at least nine dead bodies in Rubare, in the territory of
Rutshuru, North Kivu. It was following allegations
of the existence of mass graves that a mixed team composed of representatives from MONUC’s Human Rights division and
the DRC Military Auditor went to the site to lead a preliminary investigation.
MONUC’s investigation team was able, on 10 September last,
to verify the existence of three mass graves in Rubare, in the camp of the former headquarters of the 2nd Battalion of the
Bravo Brigade who later left the camp on 2 September last, to support ex-general Laurent Nkunda,” said Michel Bonnardeaux,
interim MONUC spokesperson.
“According to local sources, one week before the withdrawal
of the 2nd Battalion, thirty civilians were detained in this camp, of which three succeeded in escaping,” he added.
On 11 September last, MONUC’s Human Rights division informed the Superior Military
Auditor and the Garrison Military Auditor of the existence of these three mass graves. Some photos of the site, as well as
information relating to the location and dimension of the graves was forwarded to the FARDC also,” explained Mr. Bonnardeaux.
This is not the first time that the finger has been pointed at the 2nd Battalion of the
Bravo Brigade. The MONUC and Military Auditor General joint investigation on the 9-10 March 2007 massacre of 15 civilians
in Buramba, also in Rutshuru, concluded that the soldiers of this battalion were also responsible.
Furthermore,
MONUC’s Human Rights division is pursuing allegations that these soldiers may have conducted arbitrary executions of
prisoners on numerous occasions before withdrawing from their military positions,” concluded Mr. Bonnardeaux.
North Kivu province was the theatre for clashes between
the Armed Forces of the DRC (FARDC) and the soldiers of ex-general Nkunda which began on 27 August 2007, and lasted until
6 September 2007, when a cessation of hostilities was imposed.
Tens
of thousands of people have been displaced from their homes: Each time it is the civilian population that suffers - E. Young & B. Grujic
/ MONUC - 14 sep. 07 - 16.55h
Tens
of thousands of people have been displaced from their homes following the clashes in North Kivu
province between troops loyal to ex General Laurent Nkunda and the DRC Armed Forces (FARDC). In an interview, Patrick Lavand’homme,
head of the Office for the Coordination of Humanitarian Affairs (OCHA) in Goma explained the current humanitarian situation,
and the efforts being made to assist those displaced.
Interview
What is the humanitarian situation now?
Since the clashes the first consequence was the lack of humanitarian access for NGOs and UN agencies on the
ground. Therefore we are restricted in being fully able to check the humanitarian situation on the ground.
We made a report on population displacement, initially in a rather small way, and then we made some assessments
of population movements, which increased as clashes increased.
Today there is several
tens of thousands of families arriving into Goma, from Sake but also from zones south of Masisi, including Ngungu. We have
tried our best to respond to the situation but as I said, we have a limited access and for the moment the humanitarians are
concentrated on Goma, and on the southern axes of Sake.
All the other axes, towards Masisi,
Kitchanga and Rutshuru are not accessible any more.
Where are the displaced people located, and in what
numbers?
Today we only have cumulative numbers for those displaced since December 2006,
when we had the first Sake crisis. There are displaced today who are still in these original sites. More recently we have
3,000 more internal displaced people in the camps, or in families of reception.
The principal
zones of concentration are the axes north of Rutshuru, Goma and the most recent are on the southern axes of Sake towards Bweremana
and there are many isolated pockets which are emerging every day.
We have telephone contacts
with partners on the ground in Masisi, Kitchanga and Mueso, but we do not have a real access and therefore we don’t
have precise figures.
What was the first humanitarian action to assist
those displaced?
The first step was to give water, shelter kits, food and primary care
health, primary assistance which will save lives.
But to assist those displaced one needs
to do more than giving individuals shelter kits. It is also necessary to set up a census system, and we work with the committees
for the displaced and then NGOs and UN agencies, to try to check these lists in order to be able to set up distributions.
Do you collabourate with the Congolese authorities?
There is indeed
a collabouration with the Congolese authorities. Recently in Goma we had to identify a first site for the displaced with the
reintegration minister for North
Kivu. But this site
was not sufficient, so it is necessary to identify other sites with the authorities.
We worked with the Congolese authorities on the protection of the
population, in order to have the police force present around the sites, to avoid cases of rapes and other problems.
We asked the army not to have soldiers circulating in the zones where there are displaced people, and to make
the soldiers understand that the assistance is humanitarian aid intended for civilians and not for soldiers. It is within
this framework that we work with the authorities.
How have those
displaced responded to the international community’s assistance?
For the displaced
populations, it should be known that some have been displaced since November or December 2006. They are really very tired
of being displaced. Those newly displaced were displaced at the time of the first clashes in late 2006.
Today they find themselves displaced again and there is an enormous frustration at the level of the population.
It is a frustration towards the government, but also towards the UN agencies and NGOs
because they pose overall questions as to who is responsible, who has done what?
But I
think they are starting to have a comprehension of the mission of the international humanitarians, NGOs and UN agencies who
are here trying to ease their suffering as much as possible.
Overall they are in a very
precarious situation. I would like to add that it is a worrying situation. There is nothing but displaced people. In Rutshuru,
there is a huge amount of displaced people in host families which has given them hospitality for the last six or nine months.
These host families have become poor in assisting their compatriots. More and more the
host families are suffering because of insecurity, with less and less access on the ground. They are not able to cultivate
the land, and thus there is real impoverishment in the whole of Rutshuru and Masisi.
How do you feel
the situation will evolve in the days and weeks to come?
Today, we are in a relatively
calm situation, as there is a suspension of hostilities between the two parties, the dissidents and the FARDC. One has the
impression of being in the eye of the storm, which is to say we are in a calm period, but we don’t know what what
will happen next. We are very afraid. All the humanitarians had already envisaged a contingency
plan since July, to cater for more than 280,000 newly displaced in the province. One is approaching
this scenario more and more and we are really appealing to have a political solution, a negotiated solution, so that the weapons
will stop firing, because each time it is the civilian population that suffers.


'State
of war' - Congo rebels seize gorilla park – Gen Nkunda want killed
more 3/9/2007
Rebels in the Democratic Republic of Congo have taken control of large parts of the Virunga National Park, home to rare mountain gorillas.
The move has raised fears for the fate of the gorillas. Only 700 remain - half of which are in Virunga.
Meanwhile, the army says it has killed at least 28 troops loyal to rebel General Laurent Nkunda in the latest
fighting in eastern DR Congo.
Some 170,000 people have fled the area this year, says the UN refugee agency.
"If anything happens to the mountain gorillas now, there is nothing we can do," said Norbert Mushenzi of the
Congolese Institute for the Conservation of Nature (ICCN).
"As of today, the sector is no longer under my control and we have been rendered powerless by these actions."
Nine gorillas have been killed this year, allegedly by Gen Nkunda's men, sparking outrage among conservationists.
'State of war'
Gen Nkunda's forces are believed to have moved into the park in pursuit of Rwandan Hutu rebels, who have bases
there.
Officials from local conservation group, Wildlife Direct, say the forces looted weapons and communication
equipment from Jomba and Bikenge ranger patrol posts within the park.
Gen Nkunda, a Tutsi, has accused the government of forming an alliance against him with the Hutu FDLR, accused
of involvement in the 1994 Rwandan genocide of Tutsis.
After Tutsis took control in Rwanda, they crossed the border into eastern DR Congo.
Over the weekend, Gen Nkunda told the BBC there was a "state of war" in North Kivu.
The United Nations says up to 10,000 people have fled fighting into Uganda.
The UN refugee agency says it is organising shelter for those who fled the violence Monday night and wish
to stay on the Ugandan side of the frontier.
Following a visit by Rwandan Foreign Minister Charles Murigande to Kinshasa, DR Congo has promised to increase
its operations against the FDLR.
Rwanda has twice invaded its large neighbour, saying it is trying
to stop the FDLR from attacking its territory.
Peacekeepers
BBC Kinshasa correspondent Arnaud Zajtman says that the two countries are still divided by the same issues
- DR Congo wants Rwanda to reign in Tutsi fighters, such as Gen Nkunda, while Rwanda wants DR Congo to stop the activities
of the Hutu rebels, known as the FDLR.
Last month, Rwanda protested against DR Congo's move to call off an offensive
against the FDLR.
Mr Murigande and his Congolese counterpart Mbusa Nyamwisi also asked the UN to intensify patrols in the east
of the country where fighting is raging.
The UN has some 17,000 peacekeepers in DR Congo - the largest such force in the world and has sent an extra
200 troops to the region after the latest fighting.
The BBC's Arnaud Zaitjman in Kinshasa says the ministers have also agreed to form a commission to ensure that Congolese
ethnic Tutsis who are refugees in Rwanda are repatriated.
Fragile truce holds after fierce fighting in eastern DRC – AFP - 03 sep. 07 - 16.04h
GOMA, DRCongo — A fragile truce held in eastern Democratic Republic
of Congo on Saturday as an EU representative urged greater cooperation between fractious neighbours Rwanda and the DRC.
"We are concerned by the situation in the east of the DRC. We hope to see commitments made by the countries in the
region put into action," the EU special representative to Africa's Great Lakes region, Roeland van de Geer, told AFP in an interview.
The appeal followed a series of recent clashes in the eastern
DRC's troubled Nord-Kivu province between troops loyal to renegade general Laurent Nkunda and government forces as well as
Rwandan insurgents.
Several regular army troops have been killed in the clashes, described
as "extremely heavy" on Friday by the UN Observer Mission in the DRC, known as MONUC.
On
Saturday, the situation in Nord-Kivu remaind "very tense", said MONUC spokeswoman Sylvie van den Wildenburg.
"We are continuing to exercise strong pressure to avoid a resumption of fighting and we have brought initial
emergency assistance, mainly medicines, to the hospitals in Masisi," the main regional town, she added.
MONUC has deployed around 4,300 peacekeepers in Nord-Kivu, out of a total force of 17,500 UN troops in the
country.
"We are ready to negotiate a peace plan, but the government doesn't want to,"
Nkunda told AFP on Saturday.
"I am not at war. But if the government attacks me again,
I am going to respond."
Colonel Philemon Kav, an army brigade commander, has said Nkunda's
forces sustained "heavy losses" when they launched a pre-dawn offensive on Thursday in a bid to overrun a key post at Katale,
south of Masisi, the main regional town.
One soldier was killed and 29 wounded in that
assault, Yav said.
Nkunda, a powerful warlord, says he is protecting his own minority
Tutsi population in Nord- and Sud-Kivu provinces from locally based Rwandan Hutu FDLR rebels, who he has accused the DRC government
of backing.
The EU's Van de Geer said he had discussions with all the parties to try to
find "concrete solutions" to the problems posed by Nkunda and by the repatriation of the FDLR to Rwanda.
He
gave no details of the contents of those discussions.
"Officially, the positions of Kinshasa and Kigali are relatively close," the EU official said, adding however that "they must
strengthen cooperation between the two capitals."
He added: "We want the commitments
that have been made to be respected and it is very important that there be a direct dialogue between the two countries, here,
in Kinshasa."
The
UN says more than 170,000 civilians have been displaced in fighting in the region since the beginning of the year.
After previous bouts of fierce fighting last year between the regular army and forces loyal to Nkunda, the
two sides agreed to integrate the mainly Tutsi forces into special "mixed" brigades in Nord-Kivu. Five such brigades have
been deployed since January but UN monitors say this has only worsened the situation.
On
Friday, it seemed apparent to western observers that the rivals were gearing up for heavy fighting.
"Calm
yes, but this is like the eve of battle," a Western security official said. "Each side is reorganising, taking up new positions
before likely further hostilities."
Need
Investigation: uranium smuggling scandal – Reuters - 13 mar. 07 - 09.18h
KINSHASA (Reuters) - Democratic Republic of Congo has provisionally released
the country's top nuclear researcher, arrested last week on suspicion of belonging to an international ring to illegally export
uranium, a minister said on Monday.
Minister of Scientific Research Sylvanus Mushi said he was deeply disappointed
by the release from custody on Saturday of Commissioner General for Atomic Energy Fortunat Lumu, just four days after he was
arrested with one of his colleagues.
Mushi, recently appointed as part of a new government,
accuses the two men of illegally negotiating partnerships with foreign companies. He said he learned of Lumu's release on
Monday morning.
"This was a great disappointment, because we haven't yet uncovered everything
there is to uncover," Mushi told Reuters. "(Lumu's) presence outside of custody will seriously harm any chance of succeeding
with this investigation."
Lumu declined to comment, saying he would not speak publicly
while the investigation was ongoing.
Mushi last week denounced a deal signed between Lumu
and a subsidiary of UK-listed Brinkley Mining to mine and export uranium in the vast mineral-rich central African nation.
He said the deal, agreed last year under a post-war transitional government, was part of what he called "a criminal enterprise".
Don Strang, Brinkley Mining's executive director for finance, told Reuters Monday the company had done nothing
wrong.
"The agreement stands as originally announced. That's the line we stand by. There's
nothing that would weaken the arrangement," he said.
Strang said he expected the matter
to be clarified in the next 48 hours.
"It's been raised with the relevant people. I think
it's all being sorted out," he said.
Former minister of scientific research, Gerard Kamanda
wa Kamanda, Lumu's boss at the time the deal was signed, said on Monday that the accusations against the nuclear chief are
unfounded and the agreement with Brinkley Mining was legal.
"The declarations of the new
minister are dangerous. He seems to be refusing the regulation of this sector and wants to push out the man who heads the
controlling agency for radioactive materials. That's worrying," he said.
"We are talking
about the management of sensitive materials. This company was to help us do so transparently."
Mushi
said last week there was no evidence to support Congolese press reports that around 100 uranium bars had disappeared from
the nuclear research centre where Lumu works.
Why his mobile phone (cell phone)
was disconnected 2 days before?
Why they ask him to go to work
on the bank holiday?
Why the criminals check his body
before to go, to make sure if Hermas is really dead?
Hermas’
Death: The first trial started on Tuesday the 27th February
2007 at Kinshasa and continued.
Born in Democratic Republic of Congo in 1963. After his Degree in Sociology at University in Congo (Lubumbashi), He went to continue his studies in Geneva
University in Switzerland to study Town Planning. After
his Master Degree He decides to go back home to rebuilt the country. He was working with Government and United Nations project CONADER; Project of Mobilisation
and Disarmament of Child Soldier, Facilitate of Unification of the Army and Restore Peace after many years of War in Congo.
Hermas died on the 8th April 2005 around 7.30 pm after assassination
at the Petrol station in Kinshasa Town Area, near he was living. After
many shot in air, armed group shot him inside the Petrol Station’s Shop. Hermas
was Pastor, married and father of 4, his wife is also Sociologist.
Bas-Congo: 134 deaths - Appeals Court
orders a second round of governor elections - E. Young & B. Alao / MONUC - 08 feb. 07 - 13.04h
The Bas-Congo Appeals Court has reached a verdict in relation to the closely contested governor elections,
and has demanded the Independent Electoral Commission (IEC) to organise a second round of governor elections, for the
positions of governor and vice governor for the province.
The exact date for the second round will be fixed by the Independent Electoral Commission. In the first
round of governor elections, which was held on Saturday January 27 2007, independent candidate Simon Mbatshi, who is closely allied to the AMP-the political platform of President Kabila-
won 51.72% of the votes.
His total represented 15 votes out of a total of 29, against the MLC candidate of Fuka Unzola,
who obtained 14 votes, or 48.28%.
The nomination of Mr. Mbatshi led to allegations of election corruption by the political
religious group Bunda Dia Kongo (BDK), in a province that is widely considered to be an MLC stronghold.
Prior to a
planned BDK protest march on February 1 2007, Congolese Police
raided a home of the BDK leader in Bas-Congo’s capital Matadi on January 31 last, which led to widespread violent
unrest in the province, causing the deaths of an estimated 134 people.
In collabouration with the DRC Authorities,
MONUC has already deployed to Matadi 61 officers of a formed police unit (FPU), who are specially trained in riot and crowd
control. This is in addition to a Mobile Operating Base, consisting of 104 troops, which will be deployed in the coastal town
of Muanda, the scene of many fatalities.
This will bring the total
number of MONUC troops stationed in the province to close to 270. In addition, a MONUC human rights team is also currently
carrying out a detailed investigation into the unrest of January 31 and February 1, and are meeting with local authorities
and carrying out interviews with victims and witnesses.
Furthermore, the Governor of Bas-Congo has put in place six
judicial commissions to investigate the unfortunate events of last week, and a preliminary report was published on February
7 last.
The report has laid the blame for the unrest on the BDK
members, and General Mbuayama Nsiona, the commander of the 2nd military region, as well as Mr. Mukendo, the
Provincial Inspector of the Bas-Congo police, have subsequently been suspended from their positions.
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WHO KILLED HERMAS
MUPOLO? 10/08/2005
Born in Democratic Republic of Congo in 1963.
After his Degree in Sociology at University in Congo (Lubumbashi), He went to continue
his studies in Geneva University in Switzerland to learn Town Planning.
After the Master Degree He decides to go back home to rebuilt the country.
He was working with Government and United Nations project CONADER; Project of Mobilisation
and Disarmament of Child Soldier, Facilitate of Unification of the Army and Restore Peace after many years of War in Congo.
Hermas died Yesterday 8th April 2005 around 7.30 pm after assassination at the
Petrol station in Kinshasa Town Area, near he was living.
After many shot in air, armed group shot him inside the Petrol Station’s Shop.
Hermas was Christian, married father of 4, his wife is also Sociology by profession.
Hermas’ Family is in the dangerous situation.
The human rights organisation demand investigations about this case and others who was
killed.
Adsad Team
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Nous rapportons le rapport de l'Avocat recu de
Kinshasa / Republique Democratique du Congo.29/11/2005
Les assassins ont été arrêtés (ils sont cinq au total :
une femme nommee BABADJI LUKENU qui se trouve au Pavillon 9 de CPRK et quatre hommes). Ils ont avoué avoir tué le jeune frère
du Dr Soni Mukwenze Emmanuel et auraient même confessé avoir touché une somme importante en dollars américains; mais depuis,
la Justice traîne les pieds et l’affaire n’est même pas fixée au niveau du Tribunal. Et comme on sait que beaucoup d’argent
et certaines personnalités sont impliquées
personne n’en
parle, faisant semblant de ne rien connaître. C’est très facile à comprendre, les intouchables ainsi que le pouvoir
lui même sont derrière. Tout le monde sait que le Pasteur HERMAS MUPOLO a refusé comme d'ailleurs personnes honnêtes, de tremper dans la corruption où les agents du pouvoir
auraient voulu l’entraîner. A cause de lui, ils avaient mal à voler les millions de dollars injectés dans la CONADER par la
Communauté Internationale. Voila pour quoi ils
l’ont
tué. C’est bien là le triste sort des justes ou des honnêtes gens qui veulent le bien et la paix du Congo.
La mort de Rév. Pasteur LUKUSA
La mort de Rév. Pasteur LUKUSA le 26 Décembre 2004 après près de 6 mois d'emprisonnement par le Gouvernement
de Kinshasa prouve l'insécurité des leaders Chrétiens. L'Adsad réagit et condamne cette façon d'agir du Gouvernement Kabila.
D'après les nouvelles en provenance de Lubumbashi, 2ème ville de la RDC, le Rev. Lukusa est mort après une semaine de
sa sortie de la prison, très malade après un empoisonnement. La vérité est toujours têtue. Après la chasse de Rev. KUTINO
maintenant nous enregistrons une mort d'un Leader Charismatique comme Rev. Lukusa. L'Adsad demande qu'une enquete
soit initiée par une organisation indépendante.
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AMNESTY INTERNATIONAL Public Statement about KUTINO FERNANDO
Democratic Republic of Congo (DRC): Acts of political repression on the increase -
4 July 2006
Amnesty International today condemned as flagrantly unfair a trial
by military tribunal that resulted on 16 June in heavy prison sentences against evangelical church leader Pasteur Fernando
Kutino, his colleague, Pasteur Timothée Bompere, and a third man, Junior Nganda. Amnesty International also condemned as illegal
the expulsion from the country on 15 June of Supreme Court lawyer Mukadi Bonyi.
Amnesty International considers that
Pasteur Fernando Kutino and his co-defendants, who were accused of illegal possession of firearms, criminal conspiracy and
attempted murder, have been deprived of their right to a fair hearing by a competent, independent and impartial court of law.
The organization is concerned that the trial by military tribunal was summary and that some of the evidence presented by the
prosecutor against the accused was extracted under torture. The organization is calling for the verdicts in this case to be
set aside. If the state believes that there is enough admissible evidence, the case should be heard before a properly constituted
civilian court which respects international standards of fair trial and excludes the possibility of the death penalty. In
the absence of a fair trial before a civilian court, Amnesty International believes that the imprisoned men should be released.
Amnesty
International is also concerned by the arbitrary and unlawful expulsion on 15 June of lawyer Mukadi Bonyi, following a week
of incommunicado detention. Maître Mukadi Bonyi was denied the opportunity to contest the allegations against him, the legality
of his detention, or the decision to expel him before a judge or other properly-constituted legal authority.
Amnesty
International believes that the accusations against all these men were politically motivated. The unlawful and arbitrary conduct
of the state authorities in these cases represents a deterioration in respect for human rights in the DRC amid an already
tense political atmosphere in advance of elections set for 30 July. The organization is concerned that state security services
-- notably those reportedly accountable only to DRC President Joseph Kabila and his special security advisor, including the
services spéciaux (Special Services) police -- appear to be acting in an increasingly repressive manner towards perceived
political opponents and critics.
The organization appeals to the DRC government to uphold, and to direct its security
services to fully respect the right to liberty and the rights to freedom of expression and association guaranteed by the Constitution
of the DRC and by the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People's
Rights (ACHPR), treaties to which the DRC is a state party.
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Background about Pasteur Kutino
Pasteur Kutino, who had only recently returned to the DRC after three years in exile, was
detained by services spéciaux police after a speech he made on 14 May to a large crowd in the capital, Kinshasa. His
speech was reportedly critical of so-called foreign influence over the DRC's transitional government and called for an inclusive
national dialogue between Congolese political parties before the elections. The initial charge against him was 'incitement
to hatred' ('incitation à la haine'). However, he and the two other men appeared before
a military tribunal on 31 May on charges of illegal possession of firearms ('détention illégale d'armes de guerre'),
criminal conspiracy ('association des malfaiteurs'), and attempted murder ('tentative d'assassinat').
The prosecution alleged that the arms had been discovered by police during a search of Pasteur Kutino's Armée de Victoire
(Army of Victory) church at the time of arrest. The other charges relate to an alleged conspiracy to kill the leader of another
church, Pasteur Ngalasi, in 2003, apparently over a property dispute.
The trial before a military tribunal was held
at the Inspectorat Provincial de Kinshasa (IPK), the Kinshasa Provincial Inspectorate, a police headquarters in the
city. On 16 June the tribunal sentenced Pasteur Kutino to 20 years' imprisonment, Pasteur Timothée Bompere to 10 years' imprisonment,
and Junior Nganda to 20 years'. The verdicts are being appealed. Two other men, 'Patu' and Freddy Musamu, were tried and sentenced
in absentia to heavy prison terms, while another man was acquitted.
The trial, in which the prosecution demanded the
death penalty, was summary, lasting for only nine sittings despite the seriousness and complexity of the charges. The accused
maintained their innocence, Pasteur Kutino protesting that his only “offence” had been to exercise his right to
freedom of expression. A request by defence lawyers for the case to be transferred to a civilian court as the proper jurisdiction
was rejected by the tribunal. Pasteur Kutino was not present for most of the trial, stating that he was too ill to attend.
His lawyers filed a request for adjournment which the tribunal rejected, despite medical evidence supporting Pasteur Kutino's
claim. On 7 June, defence lawyers walked out of the tribunal, protesting the conduct of the trial. At the time of delivery
of the verdict, neither the accused nor their lawyers were present.
The evidence against the men is disputed. One
of the detainees, Junior Nganda, alleged that testimony he gave to police in 2003 over the alleged murder attempt was obtained
through torture while he was detained at the IPK police detention centre. Amnesty International has recently publicly documented
reports of torture and cruel, inhuman or degrading treatment at the IPK (see AI Urgent Action AFR 62/012/2006, published on
8 May 2006). Nevertheless the tribunal reportedly continued to rely on parts of this testimony in its deliberations. Other
evidence relied on testimony, recorded on video, which was again allegedly obtained under torture at the IPK in 2003 of a
man, Maboso Lisasi, who has since died in detention. No independent investigations on these allegations of torture have been
carried out. The alleged intended victim of the murder plot, Pasteur Ngalasi, apparently refused to implicate Pasteur Kutino
or his associates directly, restricting his deposition only to the fact that in 2002 and 2003 he had brought legal complaints
against 'persons unknown' for armed attacks at his home. Irregularities were also alleged in the state's handling of the weapons'
evidence.
In the second case, Maître Mukadi Bonyi, a lawyer at the DRC's Supreme Court of Justice and university professor,
who served also as legal adviser to Oscar Kashala, a presidential candidate in the forthcoming elections, was arrested by
the services spéciaux police in Kinshasa on 8 June. After a week in incommunicado detention he was taken to the airport
and summarily expelled from the country to Belgium on 15 June. The reasons for his arrest and expulsion have not been made
clear, but followed the expulsion in May 2006 of 32 so-called “foreign mercenaries” whom state authorities, to
widespread incredulity, alleged were preparing a coup d'état. These men, from South Africa, Nigeria and the USA, had, it is
reported, been engaged to work as private security personnel for Oscar Kashala and his political party. Maître Mukadi Bonyi
had been involved in submitting legal applications to the DRC authorities that would license the men to carry firearms in
the DRC. Although Congolese by birth, he is reportedly the holder of a Belgian passport. Amnesty International understands
that another lawyer, Maître Lumbala Ilunga detained at around the same time as Maître Mukadi Bonyi, has since been released.
Nous rapportons le rapport de l'Avocat recu de
Kinshasa / Republique Democratique du Congo.29/11/2005
Les assassins ont été arrêtés (ils sont cinq au total :
une femme nommee BABADJI LUKENU qui se trouve au Pavillon 9 de CPRK et quatre hommes). Ils ont avoué avoir tué le jeune frère
du Dr Soni Mukwenze Emmanuel et auraient même confessé avoir touché une somme importante en dollars américains; mais depuis,
la Justice traîne les pieds et l’affaire n’est même pas fixée au niveau du Tribunal. Et comme on sait que beaucoup d’argent
et certaines personnalités sont impliquées
personne n’en
parle, faisant semblant de ne rien connaître. C’est très facile à comprendre, les intouchables ainsi que le pouvoir
lui même sont derrière. Tout le monde sait que le Pasteur HERMAS MUPOLO a refusé comme d'ailleurs personnes honnêtes, de tremper dans la corruption où les agents du pouvoir
auraient voulu l’entraîner. A cause de lui, ils avaient mal à voler les millions de dollars injectés dans la CONADER par la
Communauté Internationale. Voila pour quoi ils
l’ont
tué. C’est bien là le triste sort des justes ou des honnêtes gens qui veulent le bien et la paix du Congo.
La femme du Pasteur KUSONIKA KALALA ROMUALD et ses enfants seraient portés disparus.
Dans le souci de vous informer, en ce qui concerne la lutte contre les abus de droits de l’homme, ADSAD ne ménage
aucun effort pour fouiller les informations, à mettre à votre disposition dans le
dossier du Révérend Pasteur KUSONIKA KALALA ROMUALD, médecin de son état, un élément nouveau vient de s'ajouter. En effet, nous avons reçu une information selon
laquelle il serait en Angleterre, et non aux arrêts. C'est plutôt sa famille, c'est à dire sa femme et ses enfants qui seraient
portés disparus jusqu'a ces jours. Sont-ils en détention ou seraient-ils en fuite, nous ne saurons pas le dire pour le moment. Notre souci est de voir les droits de l'homme être respecté,
comme sous d'autres cieux notamment en Grande Bretagne, aux USA, en France et tant d'autres pays. Notre pays perd tous les
jours des cerveaux, des paisibles citoyens qui seraient pourtant utiles a la
société, tout simplement par le non respect ces droits de l'homme. Nous déplorons cette situation et disons non aux abus des
droits de l'homme.
Qui veut tuer le Docteur
KUSONIKA KALALA?
Plusieurs Pasteurs sont en danger parce qu'ils
refusent de tremper dans la Corruption. La période des élections en République démocratique du Congo vient avec l'insécurité dans le pays. Le dossier du pasteur Hermas MUPOLO continuera a laisser couler beaucoup d'encre,
depuis que certains hommes de Dieu continuent à chercher les pistes de sa mort. Le Coordonnateur du ministère du Rev. Dr SONI
MUKWENZE, le pasteur KUSONIKA KALALA Romuald, médecin de son état, dans la poursuite de sa lutte contre les abus des droits
de l'homme, aurait été arrêté en date du 21 Juillet 2006, d'après nos informations. Nous savons
aussi qu'en début septembre 2005, il a passé
deux mauvaises semaines dès son retour de la Grande Bretagne, puis relégué dans
son village natal,au lieu d'être utile à la population en tant que médecin. Que
lui arriverait-il?
Adsad Team.
WHO KILLED HERMAS MUPOLO? we need your help.
Hermas Mupolo is a brother of the founder of Adsad and former
Adsad's President.
In French!
Né en République Démocratique du Congo, Hermas Mupolo travaillé avec un projet des Nations
Unies en partenariat avec le Gouvernement. Le Projet CONADER s'occupait du désarmement
et démobilisation des soldats en RDC. Il travaillé comme responsable de la logistique.
Après sa licence en Sociologie, Hermas a travaillé
avec les Humanitaires dans World Vision.
Après une Maîtrise en Urbanisme et Aménagement
du territoire à l’Université de Genève, Hermas est rentré en RDC pour servir son pays.
Hermas a été tué ce vendredi 8 avril 2005 aux
environs des 19h30 dans la Station d’essence de Binza Delvaux assassiné par une femme et quatre hommes armés sous l’œil de la police.
Nous demandons qu’une enquête soit faite
pour arrêter les responsables de cet acte incivique et barbare. Nous signalons que plusieurs autres personnes ont été victimes
de cette barbarie.
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Certains Pasteurs
en danger parce qu'ils refusent de tremper dans la Corruption.
Parmi les personnes victimes
on peut compter:
Le Dr Soni Mukwenze Emmanuel,
Grand frere de Pasteur Hermas Mupolo, assassine le 08 avril 2005. Le Dr Soni Mukwenze est toujours en danger suite a l'impact
du travail qu'il fait comme Pasteur et Directeur des Ecoles Bibliques, et pour avoir refuse la corruption a la quelle certaines
personnes sont trempees.
Le Révérend Albert LUKUSA( Pasteur
et de l’Eglise VIENS et VOIS de Lubumbashi) empoisonné pendant son emprisonnement et mort après que le Gouvernement
lui ait refusé la sortie pour se faire soigner à l’Etranger;
le Docteur Apôtre SIKATENDA
IYADI ( Eglise du Dieu Vivant de SIKATENDE) vient d’être empoisonné et en est mort il y a quelques jours;
le Pasteur MBIYE ( Eglise CITE
BETHEL) a été empoisonné et aujourd’hui devenu invalide;
Le Pasteur MUKUNA ( Eglise ACK/Bandal
a failli être empoisonné et vient de démissionner de l’E.R.C. ;
le Chantre chrétien célèbre
Patrice NGOY MUSOKO dont l’information sur son empoisonnement s’amplifie de plus en plus.
Tout récemment et pour la seconde
fois, la résidence de l'Apôtre NTAMBU LUKOKI (Eglise FOI AUDACIEUSE) a été saccagée et ses véhicules sauvagement endommagés
par des hommes armés, malgré la garde qu’on lui avait attribuée par la Police après les premières menaces, il n’a
eu la vie sauve que parce qu’il se trouvait en Europe.
La situation de menaces résidentielles
régulières s’apparente avec celle de Révérend Dr Aggrey NGALASI de l’Eglise La Louange qui est consécutivement
pillé à domicile ces deux dernières années.
En Juin dernier, les église
indépendantes et charismatiques du Congo avaient été farouchement touchées lorsque votre ami personnel le Révérend Pasteur
MICHAEL MONGANE de Church on the Rock International a été également empoisonné et en est mort ;
et de la mort par noyade jamais
décortiquée du fils de Prophète Daniel KAWATA à la même période.
Alors qu’on commençait
d’oublier les cas de la mort mystérieuse du Pasteur NDONGE qui est survenue un mois après qu’il était nommé Secrétaire
Général d’un Parti Politique Chrétien;
Des morts brutales du Révérend
LUKESO Lwansi, Pasteur de Rajec et du Révérend KANGUDI, le fameux interprète des Evangélistes internationaux ;
Ainsi que des arrestations et
la fuite du Pasteur Fernando KUTINO (Responsable du ministère Armée de Victoire et de la Radio Télévision Message RTMV) après
qu’il est initié le mouvement ‘Sauvons le Congo’. Ce dernier est encore vivant parce qu’il a pu trouver
asile en France.
Très récemment encore un célèbre
professeur de l’Institut Pédagogique National, connu pour ses positions opposées à celles du Gouvernement venait
d’être assassiné chez lui à la maison.
Vous avais appris que quelques
semaines après l’assassinat du Pasteur Hermas Mupolo, un prêtre catholique très critique à l’égard du Gouvernement
a été trouvé assassiné dans la Commune de Mont Ngafula / Kinshasa.
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