Democratic Republic of Congo
15.02.00
Urgent Interventions
'D.R. CongoDemocratic Republic of Congo: arrest and disappearance of archbishop Kataliko
Case COD 040602
Arbitrary Arrests and Detention
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), a member of the OMCT network, that 65-year old Mr. Moleboy Mombila Célestin, an agent at the National Transport’s Office (ONATRA), his 56-year old wife Mrs. Niakongo Mombindo Eulalie, their 24-year old daughter Moleboy Nyabilolo and police officer Mukendi Kabongo were arbitrarily detained.
According to the information received, the four victims were arbitrarily arrested under the order of Commandant Mwelo Mangwele, a military officer at the public prosecutor’s office of the Court of Military Order (COM), a relative of the general prosecutor of the COM, Colonel Charles Alamba Mungako.
According to report, Mr. Moleboy’s family and Mr. Mangwele’s family are neighbours. On May 10th, 2002, one of Mr. Mangwele’s children stole 200 FC (Francs Congolaise) from Ms. Moleboy, but the dispute was settled by Ms. Moleboy’s parents. However, when Mr. Mangwele learnt of the incident he pressed charges against the Moleboy family at the Paka-Djuma police station in Lingwala.
According to the report, at the station, Police Officer Kabongo resolved the case peacefully without further reprimands. Commandant Mwelo Mangwele, however, was dissatisfied with the way in which this case had been settled and promises to retaliate. On May 11th, 2002, a jeep with a dozen military soldiers was sent to arrest the Moleboy family. Mr Moleboy and Mrs. Niakongo were arrested at home and Police Officer Kabongo was detained at his office. The prisoners were then taken to the public prosecutor’s office. One week later on May 18th, 2002, Ms. Moleboy was also arrested. That evening, Mrs. Niakongo Mr Moleboy and Mr. Kabongo were transferred to the detention centre “Centre Pénitentiaire et de rééducation de Kinshasa” (CPRK) and held in cells 9 and 8. On May 20th, 2002, Ms. Moleboy was also taken to the CPRK and placed in cell 9. All four victims are still being held in detention without valid charges and trial.
The International Secretariat of OMCT strongly condemns the arbitrary detention of the aforementioned people, and is gravely concerned for their physical and psychological integrity. OMCT fears that they will not be granted a fair trial, and be given adequate reparation.
OMCT reminds that in its joint press release with FIDH (March 28th, 2002), the Congolese authorities were urged to dissolve the Court of Military Order in the shortest delay since the COM is an exceptional jurisdiction that does not respect international norms and standards applicable to the conduct of fair trials, and that subsequently military courts should be concerned solely with members of the military judged for acts committed during their service in the armed forces. OMCT also reminds that the abolition of the COM was one of the objectives of the National Action plan for the protection and promotion of human rights adopted by the Congolese government in 1999.
Action requested
Please write to the authorities in the Democratic Republic of Congo urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above mentioned detainees;
ii. order their immediate release in the absence of any valid legal charges, or, if such charges exist, bring them before an impartial and competent ordinary tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of 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
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards
Addresses
· S.E Président Joseph Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo ; Fax (+ 243) 880 02 120, Email : upp@ic.cd
· Ministre de la Justice, Ministère de la Justice et Garde des Sceaux, BP 3137, Kinshasa Gombé, République Démocratique du Congo ; Fax : (+243) 880 55 21, E-mail : minjust@yahoo.fr
· Ministre des droits humains, Ministère des droits humains ; Fax : (+243) 12 20 664, E-mail : mindroits_humains@yahoo.fr, Min_droitshumains@yahoo.fr
· Ministre de l’Intérieur, Ministère de l’Intérieur, Fax : 00 243 88 02 042, E-mail : djo@ic.cd
· Ministre de la Défense, Ministère de la Défense, Fax : 00 243 12 20 981, E-mail : ghimasengo@yahoo.fr
· Ministre de la Communication, Ministère de la Communication, Fax : 00 243 12 61 205
· Procureur Général de la République, 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 June 4th, 2002
Arbitrary Arrests and Detention
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), a member of the OMCT network, that 65-year old Mr. Moleboy Mombila Célestin, an agent at the National Transport’s Office (ONATRA), his 56-year old wife Mrs. Niakongo Mombindo Eulalie, their 24-year old daughter Moleboy Nyabilolo and police officer Mukendi Kabongo were arbitrarily detained.
According to the information received, the four victims were arbitrarily arrested under the order of Commandant Mwelo Mangwele, a military officer at the public prosecutor’s office of the Court of Military Order (COM), a relative of the general prosecutor of the COM, Colonel Charles Alamba Mungako.
According to report, Mr. Moleboy’s family and Mr. Mangwele’s family are neighbours. On May 10th, 2002, one of Mr. Mangwele’s children stole 200 FC (Francs Congolaise) from Ms. Moleboy, but the dispute was settled by Ms. Moleboy’s parents. However, when Mr. Mangwele learnt of the incident he pressed charges against the Moleboy family at the Paka-Djuma police station in Lingwala.
According to the report, at the station, Police Officer Kabongo resolved the case peacefully without further reprimands. Commandant Mwelo Mangwele, however, was dissatisfied with the way in which this case had been settled and promises to retaliate. On May 11th, 2002, a jeep with a dozen military soldiers was sent to arrest the Moleboy family. Mr Moleboy and Mrs. Niakongo were arrested at home and Police Officer Kabongo was detained at his office. The prisoners were then taken to the public prosecutor’s office. One week later on May 18th, 2002, Ms. Moleboy was also arrested. That evening, Mrs. Niakongo Mr Moleboy and Mr. Kabongo were transferred to the detention centre “Centre Pénitentiaire et de rééducation de Kinshasa” (CPRK) and held in cells 9 and 8. On May 20th, 2002, Ms. Moleboy was also taken to the CPRK and placed in cell 9. All four victims are still being held in detention without valid charges and trial.
The International Secretariat of OMCT strongly condemns the arbitrary detention of the aforementioned people, and is gravely concerned for their physical and psychological integrity. OMCT fears that they will not be granted a fair trial, and be given adequate reparation.
OMCT reminds that in its joint press release with FIDH (March 28th, 2002), the Congolese authorities were urged to dissolve the Court of Military Order in the shortest delay since the COM is an exceptional jurisdiction that does not respect international norms and standards applicable to the conduct of fair trials, and that subsequently military courts should be concerned solely with members of the military judged for acts committed during their service in the armed forces. OMCT also reminds that the abolition of the COM was one of the objectives of the National Action plan for the protection and promotion of human rights adopted by the Congolese government in 1999.
Action requested
Please write to the authorities in the Democratic Republic of Congo urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above mentioned detainees;
ii. order their immediate release in the absence of any valid legal charges, or, if such charges exist, bring them before an impartial and competent ordinary tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of 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
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards
Addresses
· S.E Président Joseph Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo ; Fax (+ 243) 880 02 120, Email : upp@ic.cd
· Ministre de la Justice, Ministère de la Justice et Garde des Sceaux, BP 3137, Kinshasa Gombé, République Démocratique du Congo ; Fax : (+243) 880 55 21, E-mail : minjust@yahoo.fr
· Ministre des droits humains, Ministère des droits humains ; Fax : (+243) 12 20 664, E-mail : mindroits_humains@yahoo.fr, Min_droitshumains@yahoo.fr
· Ministre de l’Intérieur, Ministère de l’Intérieur, Fax : 00 243 88 02 042, E-mail : djo@ic.cd
· Ministre de la Défense, Ministère de la Défense, Fax : 00 243 12 20 981, E-mail : ghimasengo@yahoo.fr
· Ministre de la Communication, Ministère de la Communication, Fax : 00 243 12 61 205
· Procureur Général de la République, 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 June 4th, 2002