Democratic Republic of Congo
30.05.01
Urgent Interventions
'D.R. CongoDemocratic Republic of Congo: death sentences of five children commuted to life imprisonment.
Case COD 160801
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Democratic Republic of Congo.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source of the kidnapping and torture of Mr. Kalala Mwitangila on July 10th in Lubumbashi, Democratic Republic of Congo.
According to the information received, Mr. Mwitangila, who is employed by the Tshik Service Quado workshop in Lubumbashi, was kidnapped and tortured by Mr. Banza Muyosi (aka Aboubaka), who is a National Information Agency (“Agence Nationale de Renseignements” - ANR) official. Mr. Mwitangila was reportedly taken to a room in the Town Hall and was subjected to over 100 lashes with a whip.
According to the information received, at 10 am on Tuesday July 10th, 2001, Mr. Mwitangila was asked by Mr. Aboubaka to repair a battery in the latter’s car. The work took place in front of the Tshik Service Quado’s premises, and Mr Aboubaka was present throughout the repair work. When the time came for Mr. Mwitangila to be paid the sum of 200 Congolese Francs (FC) for his work, Mr. Aboubaka reportedly accused Mr. Mwitangila of being responsible for the loss of 50,000 FC of the 100,000 FC that he was claiming to have been keeping in his car. Mr. Aboubaka then had Mr. Mwitangila abducted by four persons in civilian clothing, but who were seemingly under Mr. Aboubaka’s command, and was thrown into the back of Mr. Aboubaka’s vehicle. A passer-by, whose indentity is not known, was also thrown into the back of the vehicle, and they were both taken to one of the ANR/Ville’s offices in the Town Hall. Following around 30 minutes of interrogation, the two men were then taken into another room, this time accompanied by eight plain-clothed men, and were beaten with rubber whips. The passer-by received three lashes, while Mr. Mwitangila reportedly received over 100 lashes from the eight men, on all parts of his now naked body, over a period of around two hours.
According to the information received, Mr. Aboubaka then drove Mr. Mwitangila to his home (No. 27, Rue 6, Katuba-Kisanga) where the former gave him 2,500 FC to cover medical expenses. Mr. Mwitangila was taken by members of his familym to the Lubumbashi Military Court (Cour d’Ordre Militaire de Lubumbashi) to register a complaint at around 4 pm on the same day. From there Mr. Mwitangila was taken by two members of the Congolese Armed Forces to the Sendwe Hospital, having received a further 6,000 FC from Mr. Aboubaka by order of the Police Inspector from the criminal investigation department (“Inspecteur Judiciare”) Mwenze Bin Kuric, which was given to Mr. Tshikala (Mr. Mwitangila’s employer), who had accepted to take Mr. Mwitangila under his care. This sum proved insufficient to cover the medical expenses required by Mr. Mwitangila, who was forced to leave the hospital on July 19th, 2001.
According to the information received, Mr. Aboubaka was arrested on July 23rd, and appeared before the Military Court on the 24th, at which time it was decided that Mr. Mwitangila could sue for damages. Mr. Mwitangila reportedly demanded the sum of 500,000 FC, but the Court ruled that the amount should be US$200. To this day, Mr. Mwitangila has only received 12,000 FC, and Mr. Aboubaka remains unpunished for his crimes.
OMCT is gravely concerned for Mr. Mwitangila’s physical and psychological integrity, given that he has not been able to afford the necessary medical assistance that is required. Furthermore, OMCT deplores the impunity afforded to Mr. Aboubaka and urges the authorities to intervene in order to ensure that Mr. Mwitangila receives reparation.
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 Mr. Mwitangila;
ii. ensure that Mr. Mwitangila is provided with the adequate medical assistance as a matter of urgency;
iii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, notably the eight men who performed the whipping, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions;
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
· 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 the Democratic Republic of Congo in your respective country.
Geneva, August 16th, 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 the Democratic Republic of Congo.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source of the kidnapping and torture of Mr. Kalala Mwitangila on July 10th in Lubumbashi, Democratic Republic of Congo.
According to the information received, Mr. Mwitangila, who is employed by the Tshik Service Quado workshop in Lubumbashi, was kidnapped and tortured by Mr. Banza Muyosi (aka Aboubaka), who is a National Information Agency (“Agence Nationale de Renseignements” - ANR) official. Mr. Mwitangila was reportedly taken to a room in the Town Hall and was subjected to over 100 lashes with a whip.
According to the information received, at 10 am on Tuesday July 10th, 2001, Mr. Mwitangila was asked by Mr. Aboubaka to repair a battery in the latter’s car. The work took place in front of the Tshik Service Quado’s premises, and Mr Aboubaka was present throughout the repair work. When the time came for Mr. Mwitangila to be paid the sum of 200 Congolese Francs (FC) for his work, Mr. Aboubaka reportedly accused Mr. Mwitangila of being responsible for the loss of 50,000 FC of the 100,000 FC that he was claiming to have been keeping in his car. Mr. Aboubaka then had Mr. Mwitangila abducted by four persons in civilian clothing, but who were seemingly under Mr. Aboubaka’s command, and was thrown into the back of Mr. Aboubaka’s vehicle. A passer-by, whose indentity is not known, was also thrown into the back of the vehicle, and they were both taken to one of the ANR/Ville’s offices in the Town Hall. Following around 30 minutes of interrogation, the two men were then taken into another room, this time accompanied by eight plain-clothed men, and were beaten with rubber whips. The passer-by received three lashes, while Mr. Mwitangila reportedly received over 100 lashes from the eight men, on all parts of his now naked body, over a period of around two hours.
According to the information received, Mr. Aboubaka then drove Mr. Mwitangila to his home (No. 27, Rue 6, Katuba-Kisanga) where the former gave him 2,500 FC to cover medical expenses. Mr. Mwitangila was taken by members of his familym to the Lubumbashi Military Court (Cour d’Ordre Militaire de Lubumbashi) to register a complaint at around 4 pm on the same day. From there Mr. Mwitangila was taken by two members of the Congolese Armed Forces to the Sendwe Hospital, having received a further 6,000 FC from Mr. Aboubaka by order of the Police Inspector from the criminal investigation department (“Inspecteur Judiciare”) Mwenze Bin Kuric, which was given to Mr. Tshikala (Mr. Mwitangila’s employer), who had accepted to take Mr. Mwitangila under his care. This sum proved insufficient to cover the medical expenses required by Mr. Mwitangila, who was forced to leave the hospital on July 19th, 2001.
According to the information received, Mr. Aboubaka was arrested on July 23rd, and appeared before the Military Court on the 24th, at which time it was decided that Mr. Mwitangila could sue for damages. Mr. Mwitangila reportedly demanded the sum of 500,000 FC, but the Court ruled that the amount should be US$200. To this day, Mr. Mwitangila has only received 12,000 FC, and Mr. Aboubaka remains unpunished for his crimes.
OMCT is gravely concerned for Mr. Mwitangila’s physical and psychological integrity, given that he has not been able to afford the necessary medical assistance that is required. Furthermore, OMCT deplores the impunity afforded to Mr. Aboubaka and urges the authorities to intervene in order to ensure that Mr. Mwitangila receives reparation.
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 Mr. Mwitangila;
ii. ensure that Mr. Mwitangila is provided with the adequate medical assistance as a matter of urgency;
iii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, notably the eight men who performed the whipping, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions;
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
· 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 the Democratic Republic of Congo in your respective country.
Geneva, August 16th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.