Democratic Republic of Congo
25.10.01
Urgent Interventions
'D.R. Congo
Case COD 011100
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Democratic Republic of Congo.
Brief description of the situation
The International Secretariat of OMCT has been informed by COJESKI, a member of the OMCT network, that on 27 July 2000, around 3 o’clock in the morning, Mr Faustin Kibancha Kamala, former member of the High Council of the Republic/Transitional Parliament, and Mr Thomas Muulawa Kataala, Inspector for the Customs Office OFIDA, were taken by armed individuals from their home, No 29, Avenue Bulambemba, Quartier Binza/IPN in the Commune of Ngaliema in Kinshasa/RDC.
According to the information received, on the same night, they were taken to the Agence Nationale des Renseignements (National Information Agency)/ Departement de la Securite exterieure where they were reportedly tortured and subjected to ill-treatment. Their house was systematically plundered and money, suitcases of clothes, audio-visual equipment and a briefcase containing important documents were taken.
It is reported that the reason for their arrest is possibly linked to Mr Kibancha’s participation in a meeting between representatives of the association movement, political organisations, customary and religious authorities of Kivu and North-Katanga held in Stockholm, Sweden from 12 to 14 February 2000. He has been accused of threatening state security. However it is not clear why Mr Muulawa was also arrested.
One month after their arrest, on 26 August 2000, the detainees were transferred to the Conseil National de Securite (National Security Council)/Commision Exterieure. On 26 September 2000, Mr Kibancha and Mr Muulawa were summoned before the Cour d’Ordre Militaire (Military Court) where they spent another ten days in a lock-up before being transferred to the CPRK (Kinshasa Prison and Rehabilitation Centre) on 5 October 2000. Since, both men remain detained without any form of trial.
Action requested
Please write to the authorities in Democratic Republic of Congo urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons and 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;
ii. guarantee an immediate investigation into their arrests and all allegations of torture and ill-treatment, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
The President Laurent-Désiré Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo. Fax (+ 243) 880 02 120
Mr Mwenze Kongolo, Minister of Justice, Ministère de la Justice, BP 3137, Kinshasa Gombé, République Démocratique du Congo.
Mr Gaetan Kakudji, Minister of the Intérieur, Ministère de l'Intérieur, Hôtel du Conseil exécutif, Kinshasa - Gombé, République Démocratique du Congo.
Geneva, 1 November 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Democratic Republic of Congo.
Brief description of the situation
The International Secretariat of OMCT has been informed by COJESKI, a member of the OMCT network, that on 27 July 2000, around 3 o’clock in the morning, Mr Faustin Kibancha Kamala, former member of the High Council of the Republic/Transitional Parliament, and Mr Thomas Muulawa Kataala, Inspector for the Customs Office OFIDA, were taken by armed individuals from their home, No 29, Avenue Bulambemba, Quartier Binza/IPN in the Commune of Ngaliema in Kinshasa/RDC.
According to the information received, on the same night, they were taken to the Agence Nationale des Renseignements (National Information Agency)/ Departement de la Securite exterieure where they were reportedly tortured and subjected to ill-treatment. Their house was systematically plundered and money, suitcases of clothes, audio-visual equipment and a briefcase containing important documents were taken.
It is reported that the reason for their arrest is possibly linked to Mr Kibancha’s participation in a meeting between representatives of the association movement, political organisations, customary and religious authorities of Kivu and North-Katanga held in Stockholm, Sweden from 12 to 14 February 2000. He has been accused of threatening state security. However it is not clear why Mr Muulawa was also arrested.
One month after their arrest, on 26 August 2000, the detainees were transferred to the Conseil National de Securite (National Security Council)/Commision Exterieure. On 26 September 2000, Mr Kibancha and Mr Muulawa were summoned before the Cour d’Ordre Militaire (Military Court) where they spent another ten days in a lock-up before being transferred to the CPRK (Kinshasa Prison and Rehabilitation Centre) on 5 October 2000. Since, both men remain detained without any form of trial.
Action requested
Please write to the authorities in Democratic Republic of Congo urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons and 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;
ii. guarantee an immediate investigation into their arrests and all allegations of torture and ill-treatment, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
The President Laurent-Désiré Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo. Fax (+ 243) 880 02 120
Mr Mwenze Kongolo, Minister of Justice, Ministère de la Justice, BP 3137, Kinshasa Gombé, République Démocratique du Congo.
Mr Gaetan Kakudji, Minister of the Intérieur, Ministère de l'Intérieur, Hôtel du Conseil exécutif, Kinshasa - Gombé, République Démocratique du Congo.
Geneva, 1 November 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.