Democratic Republic of Congo
16.05.01
Urgent Interventions

D.R. Congo'Democratic Republic of Congo: Releases from detention

Case COD 100801


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 the Voix des Sans Voix pour les droits de l’homme (VSV), a member of the OMCT network, of the arbitrary arrest and incommunicado detention of Mr. Constant Tshibadi Matambwa Kadinga, the area president of the “Force novatrices pour l’union et la solidarité” (FONUS) opposition political party, at around 1 am on Saturday July 28th, 2001, in Kinshasa, Democratic Republic of Congo (DRC).

According to the information received, around 20 policemen came to Mr. Kadinga’s house and arrested him without presenting him with a warrant, although, as a justification for his arrest, they reportedly brandished two leaflets calling for people to join in a peace and solidarity march in support of the “inter-congolese dialogue,” being organised by five opposition political parties and organisations – the UDPS, FONUS, MPR/Fait privé, MNC/L and the “Pionniers de l’indépendance,” being held on Monday July 30th, 2001 in Kinshasa/Gombe.

According to the information received, while Mr. Kadinga was being transported to the Kinshasa commune police offices (“sous-commissariat”), the policemen reportedly demanded that Mr. Kadinga’s wife, Mrs. Ebondo Kalombo Maguy, pay them US$200 for her husband’s release. Upon his arrival at the police offices (“sous-commissariat”), Mr. Kadinga was transferred to the “Inspection provinciale de la police de Kinshasa’s” (IPK, ex-Circo) offices in Lingwala. Due to the visit of the UN Special Rapporteur on Human Rights, Mr. Roberto Garreton, to the IPK, which was due to take place during Saturday 28th, Mr. Kadinga was then transferred during the morning of the 28th to the police offices in Lemba, without his family having been informed of this change. Mr. Kadinga’s family and members of FONUS only became aware of his whereabouts on August 1st, following investigations made by his wife.

Mrs. Ebondo Kalombo Maguy had been interviewed by Radio France Internationale on August 1st, in which she described the circumstances of her husband’s arrest, and, as a result, is now reportedly also at risk of being arrested by plain-clothes and uniformed policemen. She is reportedly under constant surveillance at her home.

According to the information received, following the afore-mentioned interview, Mr. Kadinga was transferred to the police offices (“sous-commissariat”) in Selembao on August 2nd, where he remains detained to this date, in unhygenic conditions, without being able to receive visits. Mr. Kadinga was reportedly interrogated at each of the police stations to which he was transferred, and it is thought that the police have been trying to extract information from him concerning his alleged role in the creation and distribution of the afore-mentioned leaflets. Reports indicate that at each successive relocation to a new police station, the conditions of detention and of interrogation are steadily worsening.

OMCT is gravely concerned for Mr. Kadinga’s physical and psychological integrity, and fears that, due to the increasingly harsh conditions of his detention and the lack of family visits, he is increasingly at risk of being tortured.

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 Mr. Kadinga and his wife;
ii. intervene with the appropriate authorities in order to secure that Mr. Kadinga be allowed to meet with his relatives and lawyer;
iii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
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 10th, 2001

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.