Democratic Republic of Congo
21.06.01
Urgent Interventions

'D.R. Congo

Case COD 140901

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

Brief description of the facts

The International Secretariat of the OMCT has been informed by La voix des sans voix des droits de l'homme (VSV), member of the OMCT network, of the death of Mr. André Lungula after having been beaten up by army personnel in Kinshasa, Democratic Republic of the Congo.

According to the information received, Mr. André Lungula was the personal driver of Mr. Ali Sabra, the owner of the Sabsons bakery situated at the Avenue Luambo Makiadi et Avenue Marché cross-roads in Kinshasa. On Sunday 9 September, while driving Mr. Moussa from the central railway station at approximately 1 p.m., he inadvertently made a false manoeuvre and drove down an avenue leading to the French embassy. In doing so, he nearly ran into a Cherokee Jeep coming in the opposite direction. General Faustin Munene and four soldiers responsible for his protection were in the Jeep. According to our source of information, the general gave orders to pursue the car driven by Mr. Lungula.

According to the information received, the car driven by Mr. Lungula was quickly overtaken between the French embassy and the building that formerly housed the "Sabena" airline company. Mr. Lungula was forced to get out of his car and was accused of being a "Mobutiste" and a rebel, and of wanting to kill General Munene. On hearing these accusations, General Munene ordered his men to beat up the driver who had made a mistake. Mr. Lungula, who was helpless, was brutally hit by four soldiers, and in spite of the intervention by the Commander of the Police Sub-Commissariat situated in the uncompleted building belonging to the "Litho Moboti" Group (GLB), the soldiers continued their assault under the orders of their superior.

According to our information, the victim was apparently so seriously injured after the beating that the policemen who were present did not dare to touch him. Mr. Moussa alerted the driver's employer, Mr. Sabra, who obtained permission from the police to immediately take the injured man to the Kinshasa general hospital. On his arrival, it was necessary to obtain the equipment and products required to operate on the internal haemorrhage that had been diagnosed by the doctors. The operation was not sufficient and Mr. Lungula died on Monday 10 September at about 3 a.m.

OMCT condemns this mortal assault against a civilian by armed actors in the Congolese conflict, as well as the passiveness of the police force towards the military personnel responsible for this act.

Action requested

We request you kindly to write to the authorities in the Democratic Republic of the Congo asking them :

i. to order a complete and impartial inquiry into the circumstances surrounding the death of Mr. Lungula, to identify those responsible and bring them before a competent court, and to apply the penal, civil and/or administrative sanctions as foreseen by the law;

ii. to ensure the right of the victim's family to compensation;

iii. to ensure respect for human rights and fundamental freedoms all over the country, according to national laws and international standards.

Addresses

· President Joseph Kabila, Présidence de la République, Kinshasa-Ngaliema, Democratic Republic of the Congo, Fax : (+243) 880 02 120

· Ministry of Justice, POB 3137, Kinshasa Gombé, Democratic Republic of the Congo, Fax (+243) 880 55 21

· Ministry of Human Rights, Fax (+243) 12 20 664

Please also write to the diplomatic representation of the Democratic Republic of the Congo in your country.

Geneva, 14 September 2001.

Kindly inform us of any action you may take, citing the code of this appeal in your reply.