Democratic Republic of Congo
15.01.01
Urgent Interventions
D.R. Congo: Arrestation / illegal detention
Case COD 240401
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 la Voix des Sans Voix (VSV), a member of the OMCT network, of a series of arbitrary arrests and incommunicado detentions of tens of people, and a death, in the DEMIAP/DI’s detention facilities since April 15th 2001, in Kinshasa, Democratic Republic of Congo.
According to the information received, Mr. Nkongolo Kajima Martin, 31, a resident of Malueka street, Binzo/Ozone, Ngaliema commune, and a student at Kinshasa University, was arbitrarily arrested by members of the Congolese Armed Forces at 22h00 on April 15th 2001, and is being detained incommunicado in the Detection of Unpatriotic Activities Police, Interior Direction’s (DEMIAP/DI) detention facilities in Kinshasa/Kintambo. Mr. Martin was walking down Matadi street on his way home when he was arrested, despite having presented his identity papers to the military officials. Other residents living on Matadi street, including Mr. Ilunga, and Luozi avenue, notably residents of no.6 Luozi avenue, have also been arbitrarily arrested. The families of those arrested have reportedly tried to see the detainees and bring them food, but have been prevented from doing so by DEMIAP guards.
According to the information received, Mr. Pierre, a resident of No. 6 Luozi avenue, reportedly died as a result of the ill-treatment he received in the DEMIAP's facilities. Mr. Pierre had apparently been recovering from a recent medical operation when he was arrested and detained. It is reported that a significant arms cache was uncovered at his residence - reportedly two large trucks filled with weapons and ammunition
According to the information received, those arrested are reported to have been caught up in a security operation launched by the authorities, reportedly in response to an attempted coup against Major-General Joseph Kabila's regime during April 15th and 16th, by the Armed Forces of Zaire’s Special Presidential Division (DSP), which fled to Congo-Brazzaville following the ouster of President Mobutu Sese Seko in May 1997. It is believed that Mr. Martin and the other people arrested on April 15th and 16th in the Ngaliema commune, which include both civilians and members of the military, are being detained for interrogation concerning the attempted coup and reported DSP arms smuggling. The authorities have effectively blocked off access to the commune of Ngaliema and are reportedly carrying out a surveillance operation on key sites, such as the Kokolo military camp, which is suspected of being used as a source of weaponry and ammunition for DSP activities.
The International Secretariat recalls that the DEMIAP and all other detention facilities not directly under the control of the Prosecution Department had been closed by decision of the Head of State on March 8th, 2001, reportedly due to the prevalence of torture and other forms of cruel, inhuman and degrading treatment in these facilities.
The OMCT is gravely concerned about the Congolese authorities' reported use of arbitrary arrest, incommunicado detention, torture and other forms of cruel, inhumane or degrading treatment, as well as the re-opening of the DEMIAP's detention facilities.
Action requested
Please write to the authorities in Democratic Republic of Congo urging them to:
1. take all necessary measures to guarantee the physical and psychological integrity of Mr. Martin, Mr. Ilunga and all the other detainees currently being held by the DEMIAP/DI;
2. 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;
3. order a thorough and impartial investigation into these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
4. guarantee adequate reparation to all injured people, and Mr. Pierre’s family;
5. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
- President Joseph Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo. Fax (+ 243) 880 02 120
- Minister of Justice, Ministère de la Justice, BP 3137, Kinshasa Gombé, République Démocratique du Congo. Fax : (+243) 880 55 21
- Minister of Human Rights, Ministre des droits humains, Fax : (+243) 12 20 664
Please also write to the embassies of Democratic Republic of Congo in your respective country.
Geneva, April 24, 2001
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 la Voix des Sans Voix (VSV), a member of the OMCT network, of a series of arbitrary arrests and incommunicado detentions of tens of people, and a death, in the DEMIAP/DI’s detention facilities since April 15th 2001, in Kinshasa, Democratic Republic of Congo.
According to the information received, Mr. Nkongolo Kajima Martin, 31, a resident of Malueka street, Binzo/Ozone, Ngaliema commune, and a student at Kinshasa University, was arbitrarily arrested by members of the Congolese Armed Forces at 22h00 on April 15th 2001, and is being detained incommunicado in the Detection of Unpatriotic Activities Police, Interior Direction’s (DEMIAP/DI) detention facilities in Kinshasa/Kintambo. Mr. Martin was walking down Matadi street on his way home when he was arrested, despite having presented his identity papers to the military officials. Other residents living on Matadi street, including Mr. Ilunga, and Luozi avenue, notably residents of no.6 Luozi avenue, have also been arbitrarily arrested. The families of those arrested have reportedly tried to see the detainees and bring them food, but have been prevented from doing so by DEMIAP guards.
According to the information received, Mr. Pierre, a resident of No. 6 Luozi avenue, reportedly died as a result of the ill-treatment he received in the DEMIAP's facilities. Mr. Pierre had apparently been recovering from a recent medical operation when he was arrested and detained. It is reported that a significant arms cache was uncovered at his residence - reportedly two large trucks filled with weapons and ammunition
According to the information received, those arrested are reported to have been caught up in a security operation launched by the authorities, reportedly in response to an attempted coup against Major-General Joseph Kabila's regime during April 15th and 16th, by the Armed Forces of Zaire’s Special Presidential Division (DSP), which fled to Congo-Brazzaville following the ouster of President Mobutu Sese Seko in May 1997. It is believed that Mr. Martin and the other people arrested on April 15th and 16th in the Ngaliema commune, which include both civilians and members of the military, are being detained for interrogation concerning the attempted coup and reported DSP arms smuggling. The authorities have effectively blocked off access to the commune of Ngaliema and are reportedly carrying out a surveillance operation on key sites, such as the Kokolo military camp, which is suspected of being used as a source of weaponry and ammunition for DSP activities.
The International Secretariat recalls that the DEMIAP and all other detention facilities not directly under the control of the Prosecution Department had been closed by decision of the Head of State on March 8th, 2001, reportedly due to the prevalence of torture and other forms of cruel, inhuman and degrading treatment in these facilities.
The OMCT is gravely concerned about the Congolese authorities' reported use of arbitrary arrest, incommunicado detention, torture and other forms of cruel, inhumane or degrading treatment, as well as the re-opening of the DEMIAP's detention facilities.
Action requested
Please write to the authorities in Democratic Republic of Congo urging them to:
1. take all necessary measures to guarantee the physical and psychological integrity of Mr. Martin, Mr. Ilunga and all the other detainees currently being held by the DEMIAP/DI;
2. 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;
3. order a thorough and impartial investigation into these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
4. guarantee adequate reparation to all injured people, and Mr. Pierre’s family;
5. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
- President Joseph Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo. Fax (+ 243) 880 02 120
- Minister of Justice, Ministère de la Justice, BP 3137, Kinshasa Gombé, République Démocratique du Congo. Fax : (+243) 880 55 21
- Minister of Human Rights, Ministre des droits humains, Fax : (+243) 12 20 664
Please also write to the embassies of Democratic Republic of Congo in your respective country.
Geneva, April 24, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.