Monthly Human Rights Assessment: July 2007

Human Rights Division / MONUC

17 sep. 07 - 10.48h

Summary: The Special Rapporteur on Violence against Women, Ms Yakin Erturk paid a 12-day working visit to the DRC; The Office of the UN High Commissioner for Human Rights (OHCHR) released the UNHRO report on the Bas-Congo Events of 31st January-1st February 2007; FARDC soldiers were allegedly responsible for at least ten cases of arbitrary executions; PNC agents were implicated in violations of the rights to life, physical integrity and liberty; Members of armed groups continue to perpetrate human rights abuses in the Kivus with total impunity; The Kisangani Military Court delivered the verdicts in high-profile appeal cases in Bunia, District of Ituri and the trial of suspects in the murder of Radio Okapi journalist Serge Maheshe continued before the Military Tribunal in Bukavu.1

Main developments

1. At the request of the Congolese government, Ms. Yakin Erturk, Special Rapporteur on Violence against Women, arrived in Kinshasa on 16 July 2007 for a 12-day working visit to the DRC. She held meetings with government authorities, UN agencies, national and international NGO's involved in the combat against sexual violence, victims and partners as well as civil and military authorities.

During her press briefings, she denounced the shortcomings and gaps of the criminal justice delivery system in dealing with sexual violence cases, the failure to execute judgments and to provide reparation to the victims as well as the high number of alleged perpetrators who have been granted bail.

She further urged the local political and judicial authorities to commit themselves to fighting against impunity, preventing and combating all forms of violence and discrimination against women and also recommended the dissemination and full implementation of the new laws on sexual violence. She referred to the the sexual violence situation in South Kivu as the worst she has ever seen in her four years as Special Rapporteur.

2. On 27 July 2007, the Office of the UN High Commissioner for Human Rights (OHCHR) released a report produced by the United Nations Human Rights Office in DRC (UNHRO) on the violent incidents of 31 January-1st February 2007 between members of the politico-religious opposition movement Bundu Dia Kongo (BDK) and the security forces (PNC and FARDC) in Bas-Congo Province.

The report highlights the fact that six months after the events, none of the PNC and FARDC members allegedly responsible for serious human rights violations have yet been brought to justice. It also points out that many of the casualties were the result of indiscriminate and disproportionate use of force and summary executions by PNC and FARDC.

The FARDC also continued to threaten, rob and extort people after the events, especially in Muanda and Boma, on the pretext that they were looking for BDK members. Other concerns highlighted in the report include the fact that some BDK members have been tried before military jurisdictions and the fact that despite the potential for further violence in Bas Congo, the police remain inadequately equipped to face this kind of situation.

3. On 24 July, elements of the 2nd Battalion of the mixed Bravo brigade allegedly arbitrarily executed five male civilians from Kisharo village, Rutshuru territory, North Kivu. The victims' bodies were found at 22km away in Kiseguru, their hands tied behind their backs. Three of the victims were Hutus and the other two were of the Nande ethnic group. Based on information obtained during preliminary investigations, MONUC established that four of the victims had been detained at the HQ of the 2nd Battalion prior to their death on 18 July 2007.

4. Four villagers of Kisigari locality – located halfway between Goma and Rutshuru – were reportedly killed by FDLR troops in separate incidents on 7 and 9 July. Four Hutu residents of Kinyandonyi – 10 km from Rutshuru/Kiwanja – were reportedly killed by FDLR troops on 11 July. Apparently, FDLR had received reinforcements from Walikale/Rusamambo.

5. On 28 July 2007, the Kisangani Military Court conducting on-site hearings in Bunia, Ituri, and delivered its verdict in the Bavi appeal case. The Court confirmed the life sentence that was given in the first trial to the main accused – an FARDC captain – charged with war crimes for murder, rape and looting. Another aptain was sentenced to 10 years imprisonment for murder as a war crime.

The remaining seven defendants received 15-year sentences for murder and benefited from extenuating circumstances for having been subjected to psychological pressure from their hierarchy as well as collabourating with the Prosecution. On 19 February 2007, the Bunia Military Tribunal had sentenced the nine defendants, all members of the 1st Integrated Brigade, to life in prison for their participation in the arbitrary executions of at least 32 civilians in Bavi – 32 km south of Bunia – between August and November 2006. They were charged with war crimes for murder, rape and looting. The Tribunal also awarded between $10,000 and $15,000 US in damages to the victims' families.

6. On 10 July, the Military Prosecutor of Kipushi, Katanga Province, officially committed former Mayi Mayi leader, Kyungu Mutanga, alias Gédéon, to stand trial before a military court on charges of "insurrection, crimes against humanity, war crimes and terrorism", committed between October 2003 and May 2006 in the territory of Mitwaba. The trial is scheduled to begin on 7 August.

FARDC soldiers were responsible for numerous cases of arbitrary executions and other human rights violations, in particular, the rights to physical integrity, liberty and security of persons

7. On 29 July, a FARDC soldier allegedly raped and then chopped a Hutu woman to death together with her three-month old baby in Kinyambo, located between Chengereo and Bunagana in Rutshuru territory, North Kivu Province. The alleged perpetrator was arrested and transferred to the Bravo Brigade HQ, but has not yet been transferred to the Office of the Military Prosecutor in Goma. He is reportedly from the 9th IB.

8. On 20 July 2007, in the Commune of Katuba, Lubumbashi, a civilian employee of the Société Minière du Katanga (SOMIKA) was allegedly handcuffed, extorted and burnt by four men in uniform, believed to be FARDC deserters. The victim was subsequently admitted to the local hospital where he died five days later.

9. In Bukavu, South Kivu Province, four men wearing the FARDC uniform allegedly shot dead a security guard near to the Panzi market on the night of 21-22 July. Another resident of the neighbourhood was also allegedly shot by the same assailants after he refused to show them the residence of the neighbourhood Chief (Chef de quartiler). He was admitted to a local hospital.

10. Three FARDC soldiers and two civilians allegedly shot dead a Belgian citizen in the Socimat neighbourhood of Ngaliema Commune in Kinshasa on 2 August. Four of the alleged perpetrators were arrested and detained by the Ngaliema Office of the Military Prosecutor. The fourth, a FARDC soldier is still at large.

11. During the night of 24-25 July 2007, in the locality of Lopa, Ituri, a local trader was allegedly extorted and executed by a FARDC soldier of the 4th Brigade. The alleged perpetrator is still at large. On the night of 21 July 2007, a young cyclist was allegedly shot dead by unidentified soldiers in Kabondo, Province Orientale.

12. On 4 July 2007, in the village of Nyaruhange, North Kivu, a civilian was allegedly arbitrarily executed and another seriously injured by a Lieutenant of the Bravo Brigade. Both victims had resisted extortion.

13. On 21 July 2007, a medical doctor was allegedly shot dead by armed men in uniform in Muranga, Goma. Still in North Kivu, on 23 July, in the Lac Vert Neighborhood, Goma, two Banyamulenge men were allegedly killed by soldiers of the Echo Brigade based in Nyabyungu.

14. On 28 July, five soldiers from the 2nd Integrated Brigade in Butembo, North Kivu, entered a local bar and extorted the patrons of their money, a total of $115.00 US. One of the five allegedly shot a young man who refused to hand over his motorbike. The victim was later admitted to a local hospital.

15. On 3 July 2007, a minor was allegedly raped by a FARDC soldier in the village of Nakolo – 3 km from Gemena, Equateur Province. The victim was with her mother when the alleged perpetrator intercepted the minor and subsequently raped her after threatening both with a firearm. During the night of 3-4 July 2007, in the locality of Mukungwe-Groupement of Tumbimbi, Bukavu, in the territory of Walungu, a minor was raped by a FARDC soldier. The perpetrator was arrested.

16. On 30 July, men wearing FARDC and PNC uniforms as well as armed civilians allegedly raped a 16-year-old girl and a woman in the Keshero neighbourhood of Goma. According to the victims, the assailants also took mobile phones, around $1,500, jewellery as well as foodstuff.

17. An officer of the 3rd Company of the 102nd Brigade based in Maturale – 42 km north of Uvira, South Kivu Province – reportedly raped a 14-year-old girl. A reliable source indicated that the alleged perpetrator attempted to settle the matter privately by giving the family of the victim $50.00 US as well as a goat.

18. During the night of 21-22 July, a junior FARDC officer of the 2nd Battalion of Bravo Brigade allegedly attempted to rape a woman in the village of Kalengera – 11 km south of Rutshuru. The victim put up a fight and managed to seize the assailant's weapon as well as his jacket which she later handed over to the Chef de localité. The commander of the alleged perpetrator was informed of the incident but has reportedly not taken any action.

19. On 12 June 2006, at Uri – 3 km south of Mahagi-Port, a fisherman was allegedly subjected to cruel, inhuman and degrading treatment by a Naval Force soldier. The victim fainted and was admitted to the local hospital.

20. During the period in review, civilians were subjected to forced labour, cruel, inhuman or degrading treatment in the localities of Ktana and Budodo, Bukavu, in South Kivu by FARDC soldiers of the 11th Integrated Brigade.

21. On 9 July, in Lukwangulo, Kalemie, a man and his four minor sisters were arbitrarily arrested and detained by FARDC soldiers of the Naval Force. The victims were later tied up, beaten and detained at the naval camp. They were released two days later upon the intervention of the Military Prosecutor.

22. On 27 June 2007, the Katwiguru IDP camp, in the territory of Rutshuru, Goma, was allegedly looted by armed men in FARDC uniform. That was the third consecutive attack against the Katwiguru IDP camp after the distribution of food and non-food items by humanitarian agencies.

23. On 29 July, four Radio Colombe journalists were arrested and detained for four hours at the Bravo Brigade HQ, accused of broadcasting military information. The radio had broadcast a news item earlier aired on Radio Okapi in connection with a 27 July attack on the FARDC position in Katoro.

24. On 5 July 2007, a human rights activist/journalist was threatened by an FARDC Major in Bunia and had his camera confiscated while he was taking pictures of DDR activity. In Aru, the same officer harassed and threatened two Radio Okapi journalists while they were gathering information on allegations of cinchona trafficking (in which he is reportedly implicated). On 19 March, 2007, the officer had verbally abused two staff members of UNHRO/Bunia while they interviewed a cinchona farmer whom he had arrested. The case has been brought to the attention of the Auditeur Militaire Supérieur.

PNC agents were the alleged perpetrators of several violations of the rights to life, physical integrity and liberty during the period in review.

25. During the night of 9-10 July 2007, in the Commune of Lukonga, Kananga, Kasaï Occidental Province, a civilian was allegedly shot dead and a woman raped by men in PNC uniform. One of the alleged perpetrators was arrested on 13 July.

26. On 20 July 2007, in Mawangu, territory of Kasongolunda, 800 km southwest of Kikwit, Bandundu Province, one civilian was shot dead and others were seriously injured during a clash between artisan miners and the PNC elements in charge of the security of Midamines. In reaction to the incidents, the Governor of the Bandundu Province ordered the suspension of all the PNC officers allegedly implicated. Investigations are ongoing.

27. On the night of 2-3 July 2007, in Kamisimbi, Bukavu, a civilian was shot dead by three PNC officers. According to reliable sources, the three PNC officers were robbing a private residence when the victim surprised them and alerted the neighbourhood. One of the three assailants subsequently fired at the victim. The alleged perpetrators were arrested and detained at Walungu Central Prison.

28. Two civilians were allegedly shot dead by the police in Oshwe territory – 150 km from Bandundu ville. The incident took place as the local population resisted the policemen's attempt to arrest their fellow villagers.

29. The PNC in Mbuji Mayi – Kasaï Oriental Province – continued to be implicated in cases of torture during the reporting period. Following his arrest on 11 July, a man was allegedly beaten with an iron bar by two policemen. The men allegedly removed his clothing, set it on fire and then burnt him on the back with it in order to make him confess of being a suicidaire.

The two policemen were arrested and transferred to the holding cell of the Office of the Military Prosecutor. On 17 July, a civilian claimed to have been tortured by a PNC Lieutenant following his arrest on 10 July accused of being a suicidaire. The officer allegedly ordered him to remove his shirt, heated a plastic cup over a fire and then gradually poured the content of the melted cup on the victim's back, severely burning him in several parts.

The officer involved in this case has reportedly gone into hiding. On 9 July another man claimed to have been tortured by elements of the GMI (Groupe Mobile d'Intervention) in order for him to reveal where he had hidden arms and ammunitions used to operate within the MIBA Polygone.

30. On the night of 20 July 2007, in the neighbourhood of Nkonga, Commune of La Muya, Mbuji Mayi, a woman was allegedly raped by a man in PNC uniform. A group of assailants broke into the residence of the victim, forcibly undressed and neutralized her. One of them, in PNC uniform, allegedly raped her. The assailants allegedly extorted money and valuables.

31. On 29 June 2007, a young female student was allegedly arbitrarily arrested and subjected to cruel, inhuman or degrading treatment by the commander of PNC sub station in Bulape – 35 km of Mweka, Kananga. The victim, who had resisted an attempted rape by the PNC commander, was undressed, beaten and forced to walk naked in the village. She was released upon intervention of the education inspector.

32. On 6 July 2007, a civilian was subjected to cruel, inhuman or degrading treatment by the PIR in Kalemie. The victim was tied up and repeatedly beaten on the orders of the PIR Commander. He was accused of stealing his uncle's money.

33. On 7 July 2007, an employee of the Société Minière des Bakwanga (MIBA) was allegedly subjected to cruel, inhuman and degrading treatment by six elements of the Kanshi PNC station in Mbuji Mayi. The alleged perpetrators broke into his private residence, struck him repeatedly and also removed his clothes in public. The victim has lodged a complaint with the Office of the Military Prosecutor.

34. On 30 June 2007, a university student was allegedly beaten up by four PIR elements in Bunia and was later admitted to a local hospital. The PIR elements intervened following an incident in which the students had forcibly taken the motorbike of a taxi-man who had accidentally hit one of them. The victim has filed an official complaint before the Office of the Military Prosecutor.

35. On 11 July 2007, in the locality of Lubama – 450 km south of Kananga, Kasaï Occidental Province, ten civilians were allegedly beaten up and extorted by a PNC commander. A female victim was also allegedly undressed in public. In Mbandaka, the Chef d'Antenne and a Journalist of Radio Okapi were allegedly subjected to threats and verbal abuse by the PNC Provincial Inspector.

36. On 19 July, in Mbuji Mayi, allegedly on the orders of the commander of the Bonzola sub-police station, a mother was arrested together with her five-year son in the place of her husband who was accused of insulting a neighbour during a heated exchange. Although the mother explained to the investigating officer (OPJ) that her child was anaemic, the officer allegedly insisted on guarding both of them in a container which serves as holding cell. The child died the following morning allegedly of suffocation. The Commander was arrested by the Office of the Military Prosecutor. The OPJ implicated in the incident has fled the scene. Investigations are ongoing.

37. The commander of a sub-police station in Malembe, Oshwe territory, Bandundu Province, reportedly arrested and detained four residents from 28-30 July because they had refused to attend mass at the local Roman Catholic Church. The four were reportedly paid a fine of 1,500 FC each in order to obtain their release.

Other security forces were implicated in several cases of human rights violations

38. On 29 June 2007, in Osombo – 11 km south of Kindu, a civilian was allegedly subjected to cruel inhuman or degrading treatment by two soldiers of the Republican Guard. The victim was involved in a land dispute with a woman reportedly closely related to the presidential family. The bicycle of the victim was allegedly extorted by the two RG soldiers. On 20 July 2007, two civilians were allegedly seriously beaten up by 12 RG soldiers in Kisangani. The perpetrators were later transferred to the Office of the Military by the S2 of the RG.

39. The ANR continues to operate beyond its jurisdiction. The ANR in Beni ordered all the civil society organizations operating in the region to report to its office for registration and identification. In addition, the local ANR demanded the payment of $ 50.00 US as registration fees. Following the protest by members of the civil society, the measure was suspended.

40. On 2 July 2007, a journalist of a local radio station in Mbuji Mayi was allegedly summoned and questioned for almost five hours by the ANR on the ground that his station had broadcast false information in connection with the 30 June parade.

Members of armed groups have continued to commit serious human rights abuses with full impunity

41. On the night of 27-28 July, 10 armed men in uniform, speaking Swahili and Mashi, believed to be FDLR combatants, attacked Bulwe – 50 km south-west of Bukavu, in Walungu territory, South Kivu Province and abducted four women. The following day, the FARDC with the support of MONUC's South Kivu Brigade found two of the women, one of whom was dead while the other was seriously wounded. Both victims had been stabbed.

42. On the night of 1 July, in the village of Mutanda – 6 km southwest of Kibirizi, over 40 houses were allegedly looted by the FDLR. The localities of Bwuma and Kiwazi, in the Groupement of Binza, collectivity of Bwisha – 4 km of Kisharu – were allegedly burnt by the FDLR. A civilian was allegedly killed during the FDLR attack.

43. On the night of 12 July 2007, in Ndolera, Groupement of Itara/Luvungi, in the territory of Uvira, four civilians, including the Chef de Localité, were abducted and subjected to cruel, inhuman or degrading treatment by the FDLR. The victims were accused of providing information on the FDLR to the 10th Military Region.

44. Due to several attacks by FDLR rebels, the PNC abandoned their position in Kisharu – 30 km from Rutshuru/Kiwanja, North Kivu, on 10 July. On 7 July FARDC soldiers from the 2nd Battalion of Bravo Brigade also abandoned their position in the Kisharu/Mirambi area, leaving the local residents with no protection. The FARDC soldiers returned to Kisharu on 12 July. As a result of the growing insecurity, several families from Kihito, Kasave and other villages located east of Kisharu sought refuge in Kiwanja/Nyongera. IDPs from villages located in the Busanza groupement also arrived in Rutshuru and set up camp in front of the PNC District Station in Rutshuru.

45. On 7 July 2007, an employee of the local Red Cross, resident of Vusigha – 90 km southwest of Butembo, allegedly received serious bullet wounds as a result of an attack carried out on his private residence by Mayi Mayi elements of the Leopard Battalion of the Baleine Brigade. The victim was admitted to the local hospital.

46. On the night of 15 July, armed Mayi Mayi combatants attacked the locality of Kambayira – 22 km west of Butembo, North Kivu Province – and extorted the residents of all their valuable possessions. Those who offered resistance were beaten, struck with machetes and also received death threats

47. On the night of the 21-22 July, three FDLR/RASTA elements attacked the village of Nyabishaka – 60 km south-west of Bukavu – looted several houses and also abducted two women. The attack caused panic among the local population who remember quite vividly the 26-27 May massacre in Kanyola Groupement perpetrated by the FDLR/RASTA in which 17 villagers were killed.

Administration of Justice

48. On 28 July, the Kisangani Military Court acquitted Chief Kahwa of charges of participation in an insurrectionary movement and illegal possession of weapons because of the amnesty that was granted in 2003. The Court declared that it had not been formally seized to hear charges of war crimes for murder, assassination, aggravated assault and battery brought against the defendant and consequently ordered the Prosecution to re-open the case. Chef Kahwa will therefore await trial in prison.

49. The hearing into the killing of Radio Okapi journalist Serge Maheshe continued before the Military Tribunal in Bukavu, South Kivu Province on 27 July. Following submissions made by both the Military Prosecutor and the counsel for the defence and the family of the victim, the Tribunal decided to continue with the hearing instead of listening to closing arguments as had been agreed at the previous hearing. The different parties requested the Tribunal to continue the trial to allow more witnesses to give evidence. They also requested that a proper ballistic examination be carried out. Two key eyewitnesses, both friends of the journalist, were indicted by the Military Court in Bukavu and have been tried in connection with the killing.

50. On 27 July, six of the nine BDK (Bundu Dia Kongo) members who were arrested and charged in connection with the abduction of a male resident in Matadi on 23 July were sentenced by the Matadi Tribunal de Grande Instance to six months in prison with hard labour. They will only serve one month in prison as they received a suspended five-month sentence. All six have appealed the decision of the Tribunal. The Tribunal acquitted the other three BDK members and also ordered the plaintiff to pay 10,000 FC as reparation to each of them for false accusation.

51. During the reporting month, the Tribunal de Grande Instance in Boma (TGI) acquitted two BDK members charged respectively with "rebellion" and criminal conspiracy, participating in an insurrectionary movement, rebellion, wanton destruction, assault and battery (coups et blessures) in connection with the 31st January and 1st February incidents in Bas Congo Province. Of 15 BDK members arrested and tried, ten have been acquitted and five who were sentenced by the Military Tribunal have appealed the decision.

52. The verdict concerning 27 human rights defenders and civil society actors accused of defamation (imputation dommageable) by SIFORCO (Société Industrielle et Forestière du Congo) for having addressed a petition to the Government of the DRC accusing the company of illegal exploitation of natural resources and expected for Monday 16 July, was postponed again due to the absence of the President of the Tribunal de Paix of Bumba – 520 Km northeast of Mbandaka.

On 17 July 2007, the President of the Tribunal de Paix announced to the parties his decision to reopen debates, as requested by SIFORCO that was not represented by its counsel when the debate was closed on 5 July 2007. The hearings will resume on 28 August 2007. Meanwhile, a Mediation Commission has been appointed by the Minister of Environment to try to find an amicable solution to the dispute.

53. On 20 June 2007, fifty days after the verdict was pronounced, the Auditeur Militaire Supérieur of Kinshasa filed an appeal against the acquittal of lawyer and former Presidential candidate, Marie Therese Nlandu and her co-defendants by the Kinshasa Military Court on charges of participating in an insurrectionary movement and illegal possession of weapons.

54. The trial of six policemen (two in absentia) who were allegedly responsible for the killing of a demobilized soldier and the rape of two women in the village of Waka II – 515 km north east of Mbandaka, Equateur Province, on 16 April 2007, began on 31 July before the Mbandaka Military Tribunal. Two of the six defendants were among the 24 inmates who escaped from the Mbandaka military holding cell on the night of 30 June 2007.

Prisons and other Detention Centres

55. On 14 July, the Governor of Orientale province unilaterally released five suspects in Aru and ordered the release of 66 inmates in Nderi Central Prison – 300 km north of Bunia – who had been sentenced to 10 months in prison for arson and wanton destruction ("incendies volontaires and destructions méchantes") by the Tribunal de Grande Instance of Ituri on 22 June 2007.

56. Following the death of an inmate at Kabemba Central Prison – 420 km of Kikwit, Bandundu Province, on 11 July 2007, as a result of cruel, inhuman or degrading treatment inflicted upon him by the prison wardens on the orders of the local PNC Commander, the Minister of the Interior relieved all the local chief of security services (including PNC, ANR, DGM and DEMIAP) of their duties.

In addition, the local PNC Deputy Commander and the Director of the Kahemba Central Prison were transferred before the Military Prosecutor, whereas the PNC Commander was transferred to Kenge, on disciplinary grounds.

57. On 6 July 2007, thirty inmates of the Munzenze Central Prison in Goma were granted conditional release (libération conditionnelle) for having served a quarter of their sentences and for good behaviour, in accordance with Articles 35 and 38 of the Penal Code.

58. On 10 July 2007, the Deputy Minister of Justice accompanied by the Public Prosecutor visited the Butembo Central Prison in North Kivu Province. In reaction to the death of an elderly inmate who had been kept on pre-trial detention for seven months, she reiterated the Government's commitment to improving the detention conditions of inmates across the country. She subsequently ordered the release of two convicts who had served a quarter of their sentences.

59. On 16 July 2007, at the Kisangani Central Prison, inmates rose up against the prolonged pre-trial detention and extortion practices. The incident took place when eight inmates whose request for bail had been turned down by the court vehemently refused to return to their cells. Some inmates and their visitors, including women, were allegedly beaten up by members of the PNC who were called in to restore order.

Three inmates were seriously injured whereas some visitors, including a pregnant lady, presented visible marks of ill-treatment. Local sources indicated that prison wardens systematically extort money from the families of detainees before allowing them to visit and bring food.


Endnotes:

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

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