Democratic Republic of Congo
01.11.00
Urgent Interventions

DRC: arbitrary arrest and ill-treatment

Case COD 070602
Ill-treatment / Torture / Hunger Strikes/Arbitrary Arrest and Detention

The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Democratic Republic of the Congo.

Brief description of the situation

The International Secretariat of OMCT has received information from the l’Association Africaine de Défense des Droits de l’Homme, a member of the OMCT network, that 22 detained prisoners launched a hunger strike on May 13th, 2002 in protest of their illegal detention at Buluo prison in Katanga Province.

According to the report, 22 detainees (two civilians and 20 officers), who have been in custody for over 20 months at Buluo prison, began a hunger strike to protest against their arbitrary detention on May 13th, 2002. They are currently sleeping on the ground outside their cells because they claim to be “political hostages” rather than prisoners. The conditions in which they are held are extremely poor, and their health has weakened significantly.

According to the report, 30 policemen were ordered by Commanding Officer Kalend de Pir, in Likasi, to enter the prison in an attempt to stop the hunger strike. The officers reportedly beat up the detainees and severely injured Sensele Kasongo on the head and Papy Kilongo on the arm.

According to the information received, the 22 detainees, belong to the Kadogo military, also known as the “Groupe Masasu”, referring to a group of people who were arrested between September and October 2000, under the charge of conspiring against former president Laurent Désiri Kabila. On November 24th, 2002, several men of the “Groupe Masasu” were tried and sentenced. Few were acquitted, while those who were not judged have allegedly not been heard from since then. It is reported that those who were judged, among them the 22 hunger strikers, were not granted a fair trial, since they were not allowed to be present during the hearings, and to this date they have not been heard in court. This is particularly worrying given that among the 22 hunger strikers, several have been condemned to death. The detainees were not allowed either to be present at Likasi in September 2001, during the military trial of members of the armed forces accused of plotting the former president’s assassination. The following is a list of the 22 hunger-strikers and the sentences they were given:

· 24 months: Alpha Abisa Bosongo,
· 10 years: Alphonse Kanombe, Alfred Issa, Ramazani Makobwe,
· 20 years: Sébastien Mahele Rusagulira,
· Sentenced to death: Bagaye Jean Phillipe, Bagunda Laurent, Bahati Simweray Eric, Balume Mbova, Batasema Mastaki, Bayoya Mirindi Justin, Brazza Kindjo, Ilaa Mahmoud, Kashinzwe Byegulu Bernard, Katende Jimmy, Kilongo Papy, Kubuya Désiré, Lubumbula Ngandu Joel, Mukanyirwa Nyampeta Djodjo, Pungwe Alexandre, Sensele Kasongo, Ulimwengu Barongozi Gilbert.

The International Secretariat of OMCT is gravely concerned about the physical and psychological integrity of the aforementioned detainees since they are currently engaged in a hunger strike. OMCT is also concerned that the aforementioned detainees have not been granted a fair trial, and fears that the aforementioned will not be granted adequate reparation or adequate medical attention.

Action requested

Please write to the authorities in Democratic Republic of the Congo urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of the aforementioned detainees;
ii. intervene with the appropriate authorities in order to secure that they are provided with the adequate medical assistance as a matter of urgency
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. order that all the aforementioned detainees, be released immediately 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;
v. 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 embassies of the Democratic Republic of the Congo in your respective country.

Geneva, June 7th, 2002

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