Democratic Republic of Congo
04.01.02
Urgent Interventions

'D.R. Congo

Case COD 100502
Arrest and Arbitrary detention


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

Brief description of the facts

The International Secretariat of OMCT was informed by la Voix des Sans-Voix, VSV, a member of the OMCT network, that on Thursday 25th April 2002 at around 22:00, four Chinese citizens, Mrs. Ling, her son, and two other unidentified Chinese nationals, as well as Mrs. Linda, a housekeeper of Filipino nationality, were apprehended at 72 Avenue Tshatshi (residence of Mr. Kisombe Kiakumwisi), town of Gombe, by several agents of the National Information Agency (l’Agence Nationale de Renseignements, ANR) who arrived in two Jeeps.

These agents led by two directors of the ANR first arrived at around 20:00 before returning at around 22:00 seeking the owner of the residence.

At the moment when the policeman guarding the villa wanted to enquire about the situation, the ANR arrested the five foreigners who had just returned from a car trip.

The five occupants of the villa had been put on board the two Jeeps and driven two an ANR prison in Kinshasa/Gombe. It is important to point out that the majority of the victims had arrived in Kinshasa around two months earlier and rented a house from Mrs. Sabina Soi Fan, who is currently in Hong Kong, China. As for Mrs. Ling, she is reportedly well-known in business circles because of her stores in Kinshasa/Gombe.

The motive for the arrest of the occupants of the villa was not known. They were interrogated about their passports and their stay in the DRC.

On 2nd May 2002, the detainees were transferred to prison cells at the Directorate General for Migration (Direction Générale des Migrations, DGM), behind the ex Kin-Mazière building, where they were placed in detention.

Meanwhile, Mr. Kisombe Kiakumwisi, owner of the villa, reportedly warned his tenant, Mrs. Sabina Soi Fan, to vacate the residence at the end of May 2002 in case of non-payment of three-months rent and of non-renewal of the rental.

Efforts were undertaken by the Chinese ambassador in Kinshasa to identify the victims as well as to pressure the Congolese authorities, but were unsuccessful.

OMCT expresses its grave concern regarding the disrespect for proper procedure in the matter of the arrest and demands the immediate release of the detainees in the absence of valid legal accusations.

Actions requested

Please write to the authorities in Democratic Republic of Congo urging them to:
i. take all necessary measures in order to safeguard the physical and psychological integrity of Mrs. Ling, her son, the two other unidentified Chinese nationals, and of Mrs. Linda;

ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order an immediate, thorough and impartial investigation into the above-mentioned cases in order to identify those responsible, bring them to trial and apply the penal, civil and or administrative sanctions as provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights laws and standards.

Adresses

§ H.E President Joseph Kabila. Presidency of the Republic, Kinshasa-Ngaliema, Democratic Republic of Congo ; Fax (+ 243) 880 02 120, Email : upp@ic.cd
§ Ministry of Justice, Ministry of Justice and Lord Chancellor, BP 3137, Kinshasa Gombé, Democratic Republic of Congo; Fax : (+243) 880 55 21, E-mail : minjust@yahoo.fr
§ Minister of Human Rights, Ministry of human rights; Fax : (+243) 12 20 664, E-mail : mindroits_humains@yahoo.fr, Min_droitshumains@yahoo.fr
§ Minister of the Interior, Ministry of the Interior, Fax : 00 243 88 02 042, E-mail : djo@ic.cd
§ Minister of Defense, Ministry of Defense, Fax : 00 243 12 20 981, E-mail : ghimasengo@yahoo.fr
§ Minister of Communication, Ministry of Communication, Fax : 00 243 12 61 205
§ Attorney General of the Republic, B.P. : 7016 Kinshasa/Gombe, Fax : 00 243 12 20 843

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

Geneva, 10 May 2002.