MONUC Monthly Human Rights Assessment: June 2007

Human Rights Division / MONUC

06 aug. 07 – 17.20h

Summary: A Radio Okapi journalist was killed in Bukavu, South Kivu Province; Five Hutu civilians were arbitrarily executed by soldiers of the 3rd Battalion of the Charlie Brigade in the villages of Nyabyashwa and Mikeno, North Kivu Province; The Katanga Military Court acquitted all defendants in the Kilwa massacre trial; The Auditeur Militaire Supérieur of Kinshasa has appealed against the acquittal of Me Marie-Thèrese Nlandu and co-defendants.¹

Moreover, PNC officers were implicated in serious human rights violations, in particular, violations of the right to physical integrity; FARDC soldiers were responsible for violations of the right to life in several areas of the DRC; FDLR elements continued to abduct villagers in South Kivu Province; The Bunia Military Court delivered its verdict in the case of 17 FARDC members implicated in the 11-12 January 2007 mutiny; A mass prison escape took place in Mbandaka, Equateur Province.

Main developments

1. On the night of 13 June 2007, a Radio Okapi journalist was shot dead by unidentified gunmen in Bukavu, South Kivu Province. According to local sources, two men dressed in civilian clothes approached the journalist, who was on the side of the road talking to two of his friends, ( one of whom he had just visited), ordered them to sit down, which they refused to do, and then shot the victim several times. The other two men escaped unhurt and subsequently carried their friend to the hospital where he died shortly after.

On 14 June 2007, the Bukavu Military Tribunal held a public hearing at which two FARDC soldiers suspected of carrying out the killing appeared together with 10 civilians. During a subsequent hearing on 16 June, the court requested additional investigations, including the production of medical and ballistic reports. On 25 June, at the request of the Prosecution, the Tribunal agreed to adjourn until 11 July to allow more extensive investigations to take place.

2. On 19 June 2007, three Hutu civilians were allegedly killed in a local church in the village of Nyabyashwa – 2.5 km north of Luke, North Kivu Province – by soldiers of the 3rd Battalion of the Charlie Brigade. Two days later, in the village of Mikeno, soldiers of the same battalion allegedly killed two Hutus on the pretext that they were FDLR collaborators.

3. On 28 June 2007, the Military Court of Katanga delivered its verdict in the Kilwa massacre trial. The Court acquitted all defendants, including FARDC soldiers and officers and three foreign employees of the multinational company Anvil Mining, of charges of crime against humanity for rape, murder, looting, arson, arbitrary arrest and complicity in the commission of war crimes, concluding that no massacre had taken place and that the 73 civilians who were allegedly killed were casualties of the fighting.

A MONUC investigation conducted in October 2004 had documented cases of summary executions, rape, arbitrary arrest and detention, torture and looting by FARDC forces led by Colonel Adémar, Commander of the 62nd Brigade at the time, and concluded that virtually no fighting had taken place on 15 October 2004 when FARDC regained control of Kilwa from the secessionist movement which had briefly occupied it the day before.

4. On 20 June 2007, fifty days after the verdict, the Auditeur Militaire Supérieur of Kinshasa filed an appeal against the acquittal by the Kinshasa Military Court of lawyer and former Presidential candidate, Marie-Thérèse Nlandu, and her nine co-defendants on charges of participating in an insurrectionary movement and illegal possession of weapons of war. Me Nlandu was arrested on 21 November by the Special Services of the PNC/Kin Mazière when she went to enquire about the whereabouts of six of her collaborators who had been arrested the day before.

5. On 31 May 2007, a meeting of journalists in Mbuji Mayi, Kasaï Oriental Province, was violently disrupted and subsequently dispersed by a group of policemen. According to an eyewitness testimony, members of the provincial branch of the national association of journalists L'Union Nationale de la Presse Congolaise-(UNPC), were holding an extraordinary meeting at a bar in the town of Mbuji Mayi, to decide on the replacement of the President of that association whom they accused of misappropriation of funds as well as connivance with the national intelligence agency (ANR) and other local authorities.

A group of policemen, allegedly sent by the Governor, disrupted the meeting and ordered the members to vacate the bar. The members refused because, according to them, they had duly informed the local authorities of the meeting. The police commander then ordered his men to forcefully remove the members. In the ensuing confusion, several journalists were beaten and manhandled by the police. One journalist was severely struck on the head and had to be admitted to a local hospital. Others lost mobile phones, cameras and Dictaphones.

6. On 18 June 2007, the Bunia Military Court delivered its verdict in the case of 17 FARDC soldiers who were tried for their participation in the 11-12 January 2007 mutiny in Bunia. The 17 defendants were given sentences ranging from 10 to 20 years in prison for looting, failure to observe military regulations (violation de consigne) and squandering of ammunitions (dissipation de munitions) and also expelled from the FARDC.

The Court also ordered them to pay, in conjunction with the State, a total of $98,000 in damages to the victims (ranging from $800 to $7,000 per victim) as well as the restitution of the looted items. At least five women were allegedly raped during the events but the Military Prosecutor considered that there was insufficient evidence to sustain the rape charges.

7. On the night of 30 June 2007, 24 inmates, including three soldiers sentenced to life imprisonment in the Songo Mboyo mass rape trial, three other soldiers serving 20-year sentences in connection with the July 2005 mutiny in Mbandaka as well as a pre-trial detainee implicated in the Lifumba-Waka mass rape of March 2006, escaped from the GLM Military Prison in Mbandaka. The above-mentioned categories of escapees were among 12 inmates awaiting transfer to Kinshasa at the time of the mass escape.

FARDC soldiers were responsible for several cases of arbitrary executions and other human rights violations, particularly the right to physical integrity and the right to liberty and security of persons throughout the DRC

8. During the night of 27-28 June 2007, two civilians were allegedly shot dead, in separate incidents, at their homes in the neighborhood of Buholo, Commune of Kadutu, Bukavu, by four armed men believed to be FARDC soldiers. The assailants broke into their residences and ordered the victims to give them money. The latter refused to comply, and were subsequently shot. The following day, two alleged perpetrators were caught, burnt and beaten to death respectively by the local population.

9. On 10 May 2007, in Minembwe, South Kivu Province, three FARDC soldiers belonging to the 122 Battalion of the 12th Integrated Brigade were responsible for the arbitrary execution of a Munyamulengue farmer who resisted their attempts to steal corn from his plot of land. The perpetrators were subsequently arrested.

10. On 17 June 2007, in Lueba – 78 km south of Uvira, in the territory of Fizi – , a woman was allegedly killed by three armed men, speaking Swahili, and believed to be FARDC soldiers. The assailants entered the victim's house under the pretext of buying drinks, and subsequently shot her at point blank range. The alleged perpetrator is still at large.

11. Four FARDC soldiers were allegedly responsible for the killing of a student during the night of 14-15 June 2007, in Bukavu. According to the information obtained from a local source, the perpetrators entered the victim's room during the night and shot him in the chest, killing him on the spot.

12. In Kabalo – 300 km west of Kalemie, North Katanga, ANR agents and FARDC soldiers went to the village of Kadimbu on 13 May 2007, allegedly raped five women, subjected the villagers to cruel, inhuman and degrading treatment and also carried out widespread looting. The incident was allegedly directly linked to problems existing between the Chef de localité of Kadimbu and the Chef de Groupement of Bene-Mwishi.

13. On 15 June 2007, armed men in military uniform believed to be FARDC soldiers of the Bravo Brigade allegedly looted 70 houses in the villages of Kitiho – 6 km east of Kihero – and Mushumba – 4 km east of Kishero, North Kivu. A civilian was allegedly killed during the attack.

14. On 2 May, a male nurse was allegedly killed by an FARDC soldier based in Songomoya located along the shores of Lake Albert, Ituri. A corporal has been arrested in connection with the killing. The Office of the Military Prosecutor is conducting investigations.

15. On 3 June, in Bulo, Ndo Okebo collectivity, Ituri, a local trader was allegedly shot five times by a drunken FARDC soldier from the 4th Integrated Brigade. The man was later admitted to the MSF Hospital in Bunia. Another civilian was also reportedly shot by the soldier. The perpetrator was reportedly arrested by his commander.

16. On 13 June 2007, in Jupabok – 8 km east of Nderi in Djugoth collectivity, Ituri – two armed men in civilian clothes and wearing military boots allegedly entered a private residence and threatened to kill a civilian and his wife if they did not hand over all the money in their possession. The man was injured in the face with a bayonet. The aggressors shot twice but missed the victim who, in panic, fought with one of the aggressors and managed to seize his weapon (that was later handed over to NEPBATT). The victim was later taken to the hospital for treatment. According to the collectivity chief, this and other similar incidents in the area are perpetrated by elements of the FARDC and the PNC.

17. On 2 June 2007, a MONUC national staff member working at the Mbandaka airport, Equateur Province, was severely beaten by four FARDC/Air Force elements, allegedly on the orders of the Commander of the Airport Military Office. According to the victim, he was summoned to the FARDC office in connection with a report that a MONUC pilot had taken photographs of aircraft at the airport. He was allegedly struck on the chest and mouth and subsequently detained at the FARDC airport holding cell for two hours. He was released following intervention by MONUC security officers. As a result of the beating, the victim sustained a broken rib and was evacuated to Kinshasa for medical treatment.

18. A civilian was allegedly subjected to cruel, inhuman or degrading treatment during his detention in the holding cell of the Naval Forces in the village of Butala – 28 km from Ilebo, Kasai Occidental – between 29 May and 1 June 2007. The victim had been arrested on the charges of "outrage à l'autorité militaire". Every day during the period of detention, he was allegedly tied to a tree and given 10 strokes by soldiers acting on the orders of their commander. The victim was subsequently admitted to a local hospital and was treated at the expenses of the perpetrators. The case is under investigation by the Military prosecutor.

19. In Rimba – near Ngote in Mahagi territory, Ituri – a woman was allegedly abducted and raped by a FARDC of the 2nd Battalion of the 1st Integrated Brigade. In another case, on 8 June 2007, in Alibha – 22 km south of Aru-, a pregnant woman was allegedly raped by a FARDC of the 3rd Battalion of the 1st Integrated Brigade. The victim had a miscarriage as a result. She was admitted to the local hospital. The alleged perpetrator has since been redeployed.

20. On 25 June 2007, a minor, resident of Kayna, North Kivu, was allegedly raped by a FARDC Warrant Officer. The victim was on her way to the restroom when she was unexpectedly intercepted and forcibly taken to a private residence where she was allegedly repeatedly raped. The alleged perpetrator was apprehended whereas the victim was admitted to the local hospital.

21. A minor was allegedly raped by a FARDC officer at the Badiadingi camp, in the Commune of Ngaliema, Kinshasa. The alleged perpetrator was arrested and detained at the CPRK. On 19 June 2007, in the neighborhood of Mpokolo, Commune of Muya, Mbuji Mayi, a woman was allegedly gang raped by armed men in FARDC uniform. Her pregnant friend was allegedly extorted.

22. On 14 June 2007, a FARDC soldier of the 2nd Battalion of the 13th Integrated Brigade based in Marabo allegedly raped a minor. The alleged perpetrator was subsequently arrested by the FARDC HQ in Marabo. Investigations are ongoing.

23. During the night of 10-11 June, a group of 10 persons, including two FARDC soldiers, allegedly broke into a private residence in Kananga and raped a woman. Other women who were at the house at the time managed to hide.

24. During the night of 1-2 June 2007, in the Commune of Kazamba, Kikwit, Bandundu Province, a minor was allegedly raped by a FARDC soldier belonging to the Military Police unit. The alleged perpetrator was arrested and arraigned before the Office of the Military Prosecutor.

25. On 14 June 2007, two civilians were allegedly wounded by two FARDC soldiers of the 23rd Battalion based in Mabanbi – 35 km south west of Butembo. The first civilian was wounded on his left arm while resisting an attempt to extort his belongings. The second civilian was wounded on his right leg while trying to escape from a soldier who had tried to force him to carry his belongings. The second victim was admitted to the local hospital. Both alleged perpetrators were later arrested.

26. Between 2 and 3 June 2007, Naval Force soldiers reportedly committed acts of torture, cruel, inhuman or degrading treatment and looting in Zongo – 500 km northeast of Mbandaka. On 2 June 2007, a minor carrying a can of oil from Bangui (Central African Republic) to Zongo was surrounded by an unknown number of the Naval Force soldiers who requested him to pay taxes for the importation of such a product into the DRC. Following his refusal to pay, the boy was reportedly repeatedly beaten, and seriously injured. He was saved by his brother's intervention, during which one of the perpetrators was also injured.

The following day, the victim and his family who were at the local medical centre, were approached by two Naval Force soldiers who threatened them. On the same day, an estimated number of 20 Navy soldiers attacked and destroyed the hotel belonging to the victim's family, to avenge the Naval Force soldiers who had been injured during the fight the previous day. The victim was admitted to a hospital in Bangui. The Military Prosecutor of Gemena is conducting investigations.

27. A FARDC General in Kinshasa allegedly subjected a civilian to arbitrary arrest and illegal detention, cruel, inhuman or degrading treatment for 45 days over a civil matter. The high-ranking officer had allegedly given the victim the sum of $2,000 US to start a business involving the sale of a local brand of beer. On, or around 30 April 2007, (three months after the money hand-over) the victim reported that 430 crates of beer were missing. The General allegedly invited him to his residence, arrested him and ordered his soldiers to beat him.

The man was later placed in a holding cell at a military camp where the General works and made to remain in his underwear only. He allegedly received 50 strokes every day during his 45-day detention period. He was transferred to the Office of the Military Prosecutor in Ngaliema Commune after having recovered 430 crates. The Office of the Military Prosecutor charged the man with Abus de confiance and ordered him to pay $400 for the 80 missing crates plus $100 as legal fees. The victim claimed to have already paid $370 of the $500 demanded. In addition, the General also allegedly claimed the sum of $5,000 from the victim as the profit generated by the business.

28. Between 24-27 May, the FARDC commander in Mola – 23 km southwest of Kpandroma, Ituri – allegedly arrested and tortured three civilians who were accused by the locality Chief of destroying abandoned water well. The three victims were admitted to a local hospital. The FARDC Commander in Kpandroma is conducting investigations.

29. On 3 June 2007, four detainees in the holding cell of the Njiapanda police station – 50 km west of Butembo – were allegedly subject to cruel, inhuman or degrading treatment by soldiers of the 2nd Integrated Brigade on the orders of the local administrative chief. The men were allegedly beaten on their buttocks with a stick.

30. On 19 June 2007 in Adu – 10 km from Mahagi-Port – a fishermen was subjected to cruel, inhuman or degrading treatment and thrown in the lake by a soldier from the Naval Force. The victim had refused to pay extortion money to the FARDC soldier.

31. On 23 June 2007, two demobilized soldiers were allegedly arbitrarily arrested and subjected to cruel, inhuman or degrading treatment by six FARDC soldiers. The alleged perpetrators were investigating the theft of four computers at the Kalemie University Centre. Also in connection with the investigations, five civilians were arrested, tied up and transferred to the office of the Public Prosecutor.

32. During the night of 19-20 June 2007, in Bolobo – 180 km of Bandundu-, two civilians were seriously beaten up and extorted by FARDC soldiers, in reprisal for the involvement of the two victims in a clash between a PNC officer and FARDC soldiers.

PNC elements were implicated in serious human rights violations during the month in review, in particular, violations of the rights to lie and physical integrity

33. On 15 June, a police officer in Luotu – 35 km southeast of Butembo, North Kivu Province – shot dead a man and seriously injured another because they reportedly resisted arrest. On Monday, 18 June, the police fired at a crowd in Gemena, Equateur Province, killing a 13-year-old boy and seriously injuring an 11-year-old boy. The crowd was protesting against the killing of a young man from the area by unidentified gunmen on 17 June.

The police had reportedly fired shots in the air but resorted to firing at the crowd when they felt threatened. The perpetrators of both incidents have been arrested and transferred to the Office of the Military Prosecutor in Butembo and Gemena respectively. The policeman responsible for the death of the 13-year-old boy in Gemena was later sentenced to death and ordered to pay $10,000 in damages by the Gemena Military Tribunal.

34. On 12 June 2007, twenty-two Congolese returning from Angola were allegedly arrested and subjected to ill treatment by PNC officers in Shamukwale, in the territory of Kahemba – 800 km of Bandundu. One of the victims allegedly died of the ill-treatment inflicted upon him.

35. On the night of 26-27 June 2007, a civilian was allegedly beaten to death while in custody at the PNC sub station in Lubilandji, district of Tshilenge – 30 km east of Mbuji Mayi, Kasaï Oriental Province. The victim was allegedly arbitrarily arrested and illegally detained on the grounds that he had given a ride to a civilian. The alleged perpetrators are still at large.

36. A student was allegedly subjected to cruel, inhuman or degrading treatment during his arrest on 10 June and detention on 11 June in the PNC holding cells in Lubero, North Kivu. The student was arrested by PNC agents in Mambasa – 90 km south of Butembo – during a round-up of students allegedly accused of wanton destruction of property and livestock. According to the victim, he was beaten with rifle butts. The injuries on his body were consistent with the allegations. The Military Prosecutor of Beni has reportedly started an investigation.

37. Three policemen from the Idiofa police station (Bandundu Province) and three agents from the Office of the Public Prosecutor allegedly raped a five-month pregnant woman in the locality of Madimbi where they went to arrest the victim's brothers. The men arrested the woman in place of her brothers, severely beat her and subsequently gang raped her on the way back to Idiofa. A reliable source has indicated that the woman had a miscarriage as result of the cruel, inhuman or degrading treatment received.

38. On 27 May 2007, a nine-year-old girl from the Commune of La Muya, Mbuji Mayi, was allegedly raped by a police officer. The victim was playing at a friend's house when the alleged perpetrator asked her to run an errand for him. As soon as the child arrived in front of the policeman's house, he allegedly grabbed her, forced her into his room and raped her. The perpetrator was arrested and transferred to the Office of the Military Prosecutor. The victim's father claimed to have been threatened and intimidated by the alleged perpetrator and his police colleagues to withdraw his complaint.

39. On 18 June, in Bandundu city, a minor was allegedly raped by a PNC officer in charge of security at a local radio station. The alleged perpetrator was arrested and arraigned before the office of the Military Prosecutor. On 14 June 2007, in Kiseleketi – 30 km south of Kenge, Bandundu Province-, three women were allegedly raped by PNC officers. The alleged perpetrators had found the victims in the private residence of an alleged suspect who had vanished into the distance. Still in Bandundu Province, on 19 June in Bandundu city, a woman suspected of committing an offence, was allegedly raped by a PNC officer. The alleged perpetrator was apprehended.

40. On 16 June 2007, in Kolokoto – 7 km from Mahagi port-, a woman was allegedly raped by a PIR (Police d'Intervention Rapide) agent when she went to follow up on a complaint she had previously filed. A military magistrate issued an arrest warrant against the suspect after positive identification by his own PIR colleagues. The suspect has since escaped and the PIR commander may be involved.

41. On 4 June, the chief of police in Nyakunde, Ituri, allegedly arbitrarily arrested a 19-year-old woman and subsequently raped her. He was arrested by the Office of the Military Prosecutor. Investigations are ongoing.

42. On 11 June, an 8-year-old girl was allegedly raped by a PNC officer in Kananga. The victim, who is the daughter of the policeman's wife, lived in the same house with the perpetrator.

43. Between 10 and 12 June 2007, two detainees were allegedly severely beaten by PNC elements in the police station of Kananga-Ouest, Kasai Occidental Province. The injuries on the victims' bodies were consistent with the allegations.

44. On 3 June 2007, in Kaïlo – 75 km, northeast of Kindu, Maniema Province, a civilian was allegedly arbitrarily arrested, illegally detained for seven days, and subjected to ill treatment by a PNC Commander. The victim, who was arrested for debt, was released in exchange for the payment of the sum of 12.500 FC.

45. Still in Maniema Province, on 14 June 2007, in Punia – 240 km northeast of Kindu, 12 civilians who were peacefully demonstrating in protest of the non payment of their three-month salary arrears, were allegedly arbitrarily arrested and illegally detained by the PNC Commander acting on the orders of the Administrateur du Territoire. Protesters claimed that the relevant local authorities were officially informed of the march. The victims were released the following day.

46. On 15 June 2007, in the Commune of Bipemba, Mbuji Mayi, a pregnant woman was allegedly arbitrarily arrested and illegally detained at the local police sub station, by the PNC, in place of her husband, who was accused of debt. The Public Prosecutor subsequently released her.

47. On 14 June 2007, during a routine visit to the PNC sub station in the neighborhood of Biancky, in the commune of Kananga, two UNHRO staff members were indirectly threatened by a police officer, in an adjoining office, who said "Les gens des Droits de l'Homme s'occupent des civils et non des policiers. Un jour, nous allons mourir avec eux" (insinuating in Lingala that "we are going to attack them").

48. A man who was arrested and detained for drunkenness in public at the sub police station in Kawa, territory of Bagata – 150 km southwest of Bandundu Ville, on 26 May, died allegedly as a result of ill-treatment. According to police sources, the victim refused to obey an order given by the police on duty to enter the holding cell. The officer then violently pushed him into the cell, causing him to fall and injure his neck. He died on the way to the hospital. The policeman was arrested the same day and transferred to the Office of the Bandundu Military Tribunal.

49. On 4 June 2007, police officers based in Lubudi territory – 320 km north of Lubumbashi – reportedly carried out widespread looting in the village of Kisasa – while on a mission to investigate a case of suicide. The PNC elements allegedly ransacked the villagers' huts and took away several heads of livestock.

50. The police have been responsible for several cases of arbitrary arrest and illegal detention during the reporting period. Civilians were arrested in place of family members suspected of having committed an offence, for failure to repay a debt on time; some persons were arrested for no valid reasons while others were detained because the complainant was a close friend of the investigating officer. In Kisangani, Orientale Province, two women from the Tshopo Commune who had been involved in a dispute over a three-dollar debt were arrested by the local police and placed in the holding cell with their babies aged four months and one year respectively. The Public Prosecutor released the victims of arbitrary arrest and illegal detention during joint visits with UNHRO.

51. According to a local NGO, PNC agents deployed to the territory of Idiofa, Bandundu Province, continued to extort, arrest and illegally detain as well as inflict ill-treatment upon the local population. The commander of the alleged perpetrators was arrested by the office of the Military Prosecutor in Kikwit.

52. On 13 June 2007, two residents of Lemera – 85 km northwest of Uvira, South Kivu Province – were allegedly arrested, detained and subjected to cruel, inhuman or degrading treatment by the deputy commander of the PNC accompanied by FARDC soldiers of the 81st Battalion of the 8th Integrated Brigade. The incident occurred after a FARDC soldier who was prevented from walking into a local cinema without a ticket, got angry and went to complain to the PNC deputy commander.

The latter accompanied by three FARDC soldiers allegedly went to the scene and seized all the projection equipment and extorted money from the victims who were allegedly subsequently arrested, undressed, detained and subjected to ill-treatment. The following day, they were allegedly ordered to sign a written document in which they agreed to give up their equipment and valuables to the PNC commander.

53. On 22 June 2007, in Bandundu, a minor was allegedly seriously beaten up by a PNC officer. The victim had gone to the PNC's residence to recover her money. The victim was admitted to the local hospital whilst the alleged perpetrator was arrested and arraigned before the Office of the Military Prosecutor.

54. On 6 June 2007, in Atsina – 50 km north of Aru – a minor was arrested and detained for 8 days by the PNC on the grounds that he had struck the PNC commander's brother in law with his bicycle. The victim's father was also arrested and detained for 7 days. He was allegedly forced to pay 100 USD, 5 goats and a bicycle, in exchange for his release.

55. On 10 June 2007, a couple was allegedly subjected to cruel, inhuman or degrading treatment as well as extortion by two PNC officers in Mwema – 60 km north of Kasongo-. The man was wanted by the police for having killed a chimpanzee. The victim was allegedly beaten up, undressed and forced to practice painful exercises.

56. On 26 June 2007, in the Commune of Barumbu, Kinshasa, a young girl and a young boy were allegedly arbitrarily arrested by nine PNC officers. The policemen had gone into a private compound in search of a vendor who had allegedly insulted their colleague earlier. The owner of the compound, his nephew and his niece were allegedly beaten up by the PNC. The boy and the girl were allegedly taken to an unknown location.

57. On 9 June 2007, in Angaba – 34 km southeast of Mahagi-, a couple was allegedly arbitrarily arrested and subjected to ill-treatment by the local PIR commander. The victims were detained for 48 hours. They were ordered to pay the sum of 75,500 USH ($ 48.00) in exchange for their release. The victims were also threatened not to report on the case. The woman was admitted to the local hospital. On 20 June, the alleged perpetrator was arrested by the office of the Military Prosecutor and was later transferred to Mahagi.

Other security forces were implicated in cases of human rights violations

58. On 11 June 2007, in Bakwa Tshinene – 90 km east of Mbuji Mayi – a pastor of a local protestant church was allegedly arbitrarily arrested and illegally detained by four ANR agents for unknown reasons. The victim was transferred on foot to Katanga – 30 km from Bakwa Tshinene-, and subsequently detained. He was ordered to pay the sum of 5.000 CF for his release. The victim refused to pay the "release fees". The provincial coordination of civil society organizations in Mbuji Mayi made representation to the ANR Director, who subsequently released him.

59. On 28 May 2007, a civilian was allegedly arbitrarily arrested, illegally detained and subjected to ill treatment by the Chef de Poste of the ANR in Kasongo – 240 km southeast of Kindu, Maniema Province – and charged with an offence that had no link to State security. The victim was detained for five days.

Members of armed groups have continued to commit human rights abuses on the populations of North and South Kivu

60. During the night of 1-2 June, FDLR elements allegedly attacked the village of Kakunda – 75 km west of Bukavu – in the territory of Kalehe, abducted four persons (two men, a woman and a child) and carried them into the Kahuzi-Biega forest. The dead body of one of the men was allegedly found by some Kakunda villagers the following morning 5 km from the village. The assailants also looted the village taking away livestock and household items.

61. Still in the territory of Kalehe, this time in Mamba/Chamusi – 75 km northwest of Bukavu – during the night of 3-4 June, a group of FDLR allegedly killed one man, abducted two women and five men and took them into the Kahezi-Biega forest. Two men managed to escape and later returned to the village. The assailants also allegedly looted the village.

62. FDLR elements continued to kill, abduct and harass civilians and loot villages in many parts of the North Kivu Province. On 23 June 2007, an elderly man was allegedly killed and over 30 houses were looted in Bunyereza – 3 km north of Shinda – by nine FDLR. Five civilians were beaten up during the same attack. On 13 June in Mbolu – 15 km of Bunyatenge-, a farmer was allegedly killed by the FDLR. The victim had allegedly attempted to prevent the assailants from looting his farm.

63. On 22 May 2007, in Bovata, locality of Kikingi, territory of Beni, North Kivu, four civilians including two women, were allegedly abducted in their farms by the ADF/NALU (Ugandan rebels). The victims were taken to an unknown location.

Administration of Justice

64. On 5 June 2007, former Mayi-Mayi militia leader Kyungu Mutanga, alias "Gédéon", appeared before the Military Court of Kipushi in Katanga Province. The hearing was held to decide on the extension of his pre-trial detention for another 30 days. The Court later confirmed the detention. Former Mayi-Mayi militia leader Gédéon surrendered to MONUC on 12 May 2006 and was handed over to the Military Prosecutor on 16 May 2006. He is accused of having committed crimes against humanity, war crimes, cannibalism, pillage, terrorism and rebellion in the territory of Mitwaba between October 2003 and May 2006.

65. The last hearing of the appeal trial of seven FARDC soldiers who participated in the Mbandaka mutiny of July 2005 and who were sentenced to life imprisonment for crimes against humanity under article 7 of the Rome Statute of the ICC took place before the Military Court of Equateur during the month in review. The condemnation for crimes against humanity was confirmed for only three out of seven defendants, and their sentence was reduced to 20-years imprisonment. The other four accused were condemned to between two and three years in prison. The Court confirmed all compensations assigned to the victims in the first degree, and also assigned compensations to several victims (including four victims of sexual violence) who had not received any indemnity in the first degree.

66. During the month of June 2007, three appeal trials, including the Chief Kahwa and the Milobs case, continued before the Kisangani Military Court conducting on-site hearings in Bunia. Chief Kahwa attended the hearing after his refusal to show up in the absence of one of his lawyers. In the Milobs case, three of the five defendants submitted their appeals after the legal deadline and therefore the Court rejected the appeals and confirmed their life sentence.

On 28 June 2007, the hearing into the Milobs case resumed. Two defendants appeared before the Court and denied any implication in the killings. In his closing statement, the Auditeur Supérieur referred to art 8.2 (a) (i) of the Rome Statute on war crimes for willful killing and thus requested the confirmation of the life sentence pronounced in the first instance.

67. On 23 June 2007, the Gemena Military Court delivered its verdict in the case of two PNC officers accused of having killed a 13-year-old boy in Gemena – 400 km, northeast of Mbandaka – during the 18 June 2007 clashes between the Groupe Mobile d'Intervention (GMI) and the local population. One of the two defendants was sentenced to death and ordered to pay 10.000 USD in damages to the victim, in solidum with the Congolese State, for murder whereas his co-defendant was acquitted as the Court established that the latter did not participate in the commission of the crime.

68. The Boma Military Court holding on-site hearings in Lemba – 145 Km from Matadi, Bas-Congo Province – delivered its verdict in the case of five policemen who were on trial for their involvement in the events of 30 May 2007 in Lemba. The PNC Commander was sentenced to 20 years in prison for "inciting the men to unlawful conduct and arbitrary arrest". Two PNC officers were sentenced to death for murder and squandering of ammunitions "dissipation de munitions" (one of the two was sentenced in absentia) whereas the other two received seven years in prison for "dissipation de munitions". The police officers had used excessive force when met with resistance from a group of villagers during an attempt to arrest a suspect at a funeral ceremony in Lemba on 30 May.

69. On 15 June 2007, the Mbuji Mayi Military Court pronounced its verdict in the case of 22 persons charged with "criminal conspiracy, illegal possession of weapons and ammunitions, rape and armed robbery". 15 defendants were sentenced to death, one to five years imprisonment, in absentia, one to two years in prison whereas five were acquitted. 13 out of the 15 defendants, who were sentenced to death, have already appealed the decision.

70. The trial of 27 human rights defenders charged with defamation (imputation dommageable) following a petition they sent to the Government of the DRC in September 2006 against SIFORCO (Société Industrielle et Forestière du Congo) accusing the company of illegal exploitation of natural resources, resumed on 5 June at the Tribunal de Paix in Bumba – 520 km northeast of Mbandaka, Equateur Province. The Presiding Judge granted the defence lawyers' request made at the previous hearing to have the tribunal hear the case of 23 of the defendants separately, due to the prolonged absence of the other four, but ruled that the trial would resume on 5 July due to the absence of some of the 23 defendants.

71. On 17 June 2007, a civilian, resident of Makoka in the territory of Rutshuru, accused of armed robbery, was allegedly stoned to death and burnt by the local population. On 18 June, a demobilized soldier, accused of theft, was allegedly captured at Kikobero, towards the border with Uganda, stoned and subsequently burnt. Citizens are also resorting to vigilante groups, contributing factor of mob violence. The case in point is that of a civilian, alleged robber, who was allegedly arrested, lynched and burnt by a vigilante group operating in the Commune of Dibindi, Mbuji Mayi, during the night of 14-15 June 2007.

Prisons and other Detention Centres

72. On 27 May 2007, two civilians died while in custody in PNC holding cells allegedly due to cruel and inhuman treatment. On case was recorded at the PNC holding cell in Manzasay – 60 km of Bandundu city-. The other case took place at the PNC holding cell in Kindongombe – 60 km, southwest of Bandundu city. The alleged perpetrator of the Kindongombe case was arrested and arraigned before the Office of the Military Prosecutor in Bandundu.

73. During the night of 5-6 June, four inmates of the Kalemie Central Prison attempted to escape by destroying the padlocks on the doors to their cell. The attempt was thwarted by the PNC and FARDC prison guards. The four men were transferred to the Camp Marin Prison where the most dangerous prisoners are kept.

74. On 22 June 2007, an inmate died in custody at the PIC holding cell in Mbuji Mayi. The deceased was allegedly arbitrarily arrested and illegally detained for failure to repay a debt by the PIC on 21 June 2007. The victim presented visible marks consistent with the allegations of cruel, inhuman or degrading treatment inflicted upon him by the PIC. The office of the public Prosecutor is investigating into the matter.

75. On the night of 22 June 2007, four inmates including a FARDC soldier sentenced to death in a murder case, reportedly escaped from the Beni Central Prison. On 17 June 2007, in Mahagi, Ituri, three inmates escaped from the PNC holding cell.

76. During the night of 24-25 June 2007, a detainee escaped from Bunia prison. He had been convicted to death penalty by the Military Court of Bunia for attempted murder. During the reporting period, a military inmate died at the CPRK.

Endnotes:

1 Some of the incidents under investigation took place in May 2007.