Democratic Republic of Congo
20.04.00
Urgent Interventions
D.R. Congo: kidnappings
Child concern/Release/Death penalty
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 the Comité des Observateurs des Droits de l'Homme (CODHO), a member of the OMCT network, of the release of two children formerly sentenced to death in Democratic Republic of Congo. According to the information received, 2 child soldiers, Jean Louis Basey and Diavanga Nkuyu, who had been condemned to death since 2000, were freed on 10th May, 2003. This release took place following the Presidential Amnesty Global Accord of 14th April 2003 that was signed in Pretoria.
However, no news were received concerning the other child soldiers that had been sentenced, namely Mbumba Ilunga, Mwati Kabwe, Banga Djuna and Nanasi Kisala (see urgent appeals 270401EE, 270401EE.1,270401EE.2)
Brief summary of the situation
The International Secretariat of the OMCT had been informed by the CODHO of the 5 children who had been sentenced to death by the Cour d'Ordre Militaire (COM) of the Republic of Congo, an exceptional court in which no apeal is possible. Among those sentenced was Jean Louis Basey, sentenced in July 1999 for involuntary murder and Diavanga Nkuyu, sentenced in May 1999 for criminal association. In each case, the children were convicted as soldiers at the time of the facts. In May 2001, these children saw their death sentences commuted to life imprisonment. In August 2001, their life imprisonment sentences were in turn commuted to 5 years imprisonment.
However, Nanasi Kisala remained sentenced to death, as well as Babuya Oleko, another child, who did not live through his sentence. He died in September 2001 due to tuberculosis caused by poor detention conditions.
OMCT wishes to recall that according to article 39 of the Convention on the Rights of the Child, to which the Democratic Republic of Congo is party: "States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child."
The OMCT also wishes to recall that according to art. 37a of the Convention: "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age."
Action requested
Please write to the authorities in Democratic Republic of Congo urging them to:
1. take all appropriate measures to promote the physical and psychological recovery as well as the social reintegration of the freed children : Jean Louis Basey and Diavanga Nkuyu, in conformity with art. 39 of the Convention on the Rights of the Child;
2. immediately revoke all death sentences passed on children under the age of 18 years, in particular the one against Nanasi Kisala, in conformity with the their international obligation established under art. 6, paragraph 5 of the International Covenant on Civil and Political Rights and reiterated in article 37 of the Convention on the Rights of the Child;
3. to amend the Congolese legislation in order to abolish death penalty and life imprisonment for children under the age of 18;
4. ensure that child prisoners in the DRC benefit from conditions of detention that are in keeping with the standards of the Convention on the Rights of the Child and with United Nations Rules for the Protection of Juveniles Deprived of their Liberty.
5. ensure that according to Article 37 of the Convention on the Rights of the Child, children in detention "shall be separated from adults unless it is in the child's best interest no to do so."
6. generally guarantee respect of human rights and fundamental freedoms of all children all over the country, in accordance with national laws and international standards, especially the Convention on the Rights of the Child.
Addresses
Joseph Kabila, President, B.P 2006, Brazzaville, Fax: +242 82 0881
Ministère de l'Intérieur, Fax: 243 88 02 042, Email: djo@ic.cd
Ministry of Defense, E-mail: ghimasengo@yahoo.fr
Ministry of Communication, Fax: +243 12 61 205
Procureur Général de la République, B.P.: 7016 Kinshasa/Gombe, RDC
Ministry of Justice B.P.: 31 Kinshasa/ Gombe, Email: minjust@yahoo.fr
Minister of Human Rights, Professor Ntumba Luaba, Minstère des Droits humains, 33/C Boulevard du 30 juin, Kinshasa-Gombe, RDC, Email: ntumbaluaba@yahoo.fr
Minister of Justice, Mr. Ngele Masudi, Ministry of Justice. BP 3137, Kinshasa-Gombe, RDC
Ambassador, Mindua Kesia-Mbe, Antoine, Av. De-Budé 18, (Local 1822), 1202, Genève, Suisse, email: mission.rdc@ties.itu.int, fax: +4122 740 16 82
Please right as well to the diplomatic representatives of the RDC in your respective countries.
Kindly inform us of any action undertaking quting the code of this appeal in your response.
Please also write to the embassies of Democratic Republic of Congo in your respective country.
Geneva, May 19, 2003
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 the Comité des Observateurs des Droits de l'Homme (CODHO), a member of the OMCT network, of the release of two children formerly sentenced to death in Democratic Republic of Congo. According to the information received, 2 child soldiers, Jean Louis Basey and Diavanga Nkuyu, who had been condemned to death since 2000, were freed on 10th May, 2003. This release took place following the Presidential Amnesty Global Accord of 14th April 2003 that was signed in Pretoria.
However, no news were received concerning the other child soldiers that had been sentenced, namely Mbumba Ilunga, Mwati Kabwe, Banga Djuna and Nanasi Kisala (see urgent appeals 270401EE, 270401EE.1,270401EE.2)
Brief summary of the situation
The International Secretariat of the OMCT had been informed by the CODHO of the 5 children who had been sentenced to death by the Cour d'Ordre Militaire (COM) of the Republic of Congo, an exceptional court in which no apeal is possible. Among those sentenced was Jean Louis Basey, sentenced in July 1999 for involuntary murder and Diavanga Nkuyu, sentenced in May 1999 for criminal association. In each case, the children were convicted as soldiers at the time of the facts. In May 2001, these children saw their death sentences commuted to life imprisonment. In August 2001, their life imprisonment sentences were in turn commuted to 5 years imprisonment.
However, Nanasi Kisala remained sentenced to death, as well as Babuya Oleko, another child, who did not live through his sentence. He died in September 2001 due to tuberculosis caused by poor detention conditions.
OMCT wishes to recall that according to article 39 of the Convention on the Rights of the Child, to which the Democratic Republic of Congo is party: "States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child."
The OMCT also wishes to recall that according to art. 37a of the Convention: "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age."
Action requested
Please write to the authorities in Democratic Republic of Congo urging them to:
1. take all appropriate measures to promote the physical and psychological recovery as well as the social reintegration of the freed children : Jean Louis Basey and Diavanga Nkuyu, in conformity with art. 39 of the Convention on the Rights of the Child;
2. immediately revoke all death sentences passed on children under the age of 18 years, in particular the one against Nanasi Kisala, in conformity with the their international obligation established under art. 6, paragraph 5 of the International Covenant on Civil and Political Rights and reiterated in article 37 of the Convention on the Rights of the Child;
3. to amend the Congolese legislation in order to abolish death penalty and life imprisonment for children under the age of 18;
4. ensure that child prisoners in the DRC benefit from conditions of detention that are in keeping with the standards of the Convention on the Rights of the Child and with United Nations Rules for the Protection of Juveniles Deprived of their Liberty.
5. ensure that according to Article 37 of the Convention on the Rights of the Child, children in detention "shall be separated from adults unless it is in the child's best interest no to do so."
6. generally guarantee respect of human rights and fundamental freedoms of all children all over the country, in accordance with national laws and international standards, especially the Convention on the Rights of the Child.
Addresses
Joseph Kabila, President, B.P 2006, Brazzaville, Fax: +242 82 0881
Ministère de l'Intérieur, Fax: 243 88 02 042, Email: djo@ic.cd
Ministry of Defense, E-mail: ghimasengo@yahoo.fr
Ministry of Communication, Fax: +243 12 61 205
Procureur Général de la République, B.P.: 7016 Kinshasa/Gombe, RDC
Ministry of Justice B.P.: 31 Kinshasa/ Gombe, Email: minjust@yahoo.fr
Minister of Human Rights, Professor Ntumba Luaba, Minstère des Droits humains, 33/C Boulevard du 30 juin, Kinshasa-Gombe, RDC, Email: ntumbaluaba@yahoo.fr
Minister of Justice, Mr. Ngele Masudi, Ministry of Justice. BP 3137, Kinshasa-Gombe, RDC
Ambassador, Mindua Kesia-Mbe, Antoine, Av. De-Budé 18, (Local 1822), 1202, Genève, Suisse, email: mission.rdc@ties.itu.int, fax: +4122 740 16 82
Please right as well to the diplomatic representatives of the RDC in your respective countries.
Kindly inform us of any action undertaking quting the code of this appeal in your response.
Please also write to the embassies of Democratic Republic of Congo in your respective country.
Geneva, May 19, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.