MONUC Monthly Human Rights Assessment: April 2007

Human Rights Division / MONUC

17 may. 07 – 14.26h

Summary: A MONUC Multidisciplinary Special Investigation Team continued investigations into the 22-23 March incidents in Kinshasa; Soldiers of Charlie Brigade arbitrarily executed four civilians in Rubaya, Maisisi territory, North Kivu on 29 April; Elements of the 2nd Battalion of the Bravo Brigade continue to arrest and mistreat civilians on the pretext that they are Mayi-Mayi or FDLR collaborators; FARDC elements were responsible for serious human rights violations, particularly arbitrary executions and rape, throughout the DRC.¹

Moreover, PNC agents implicated in violations of the right to life and physical integrity in several provinces; Rwandan Hutu and Mayi-Mayi combatants are the perpetrators of many human rights abuses in North and South Kivu; ANR agents are responsible for cases of arbitrary arrest and ill-treatment; The Kinshasa/Gombe Military Tribunal has acquitted former presidential candidate Marie-Thérèse Nlandu and co-defendants of all charges.

Main developments

1. During the period under review, a MONUC Multidisciplinary Special Investigations Team continued investigations into the events of 22-23 March in Kinshasa. The team interviewed over 200 victims and witnesses and conducted visits to dozens of locations relevant to the investigations. However, the team's work suffered from the refusal of the authorities to grant access to some important locations, such as the compound of former Vice-President Jean-Pierre Bemba and some military camps. Numerous incidents of intimidation by the intelligence services, police and military in the wake of the violence have also discouraged victims, witnesses, hospitals and medical centres staff and authorities from coming forward or speaking freely with the team. The team expects to conclude its investigations in mid-May.

2. On 29 April 2007, five elements of Charlie Brigade (mixed) shot dead four civilians in the village of Rubaya, located 60 km north-west of Goma, in the territory of Masisi, North Kivu Province. All five perpetrators belong to the escort of the Deputy Commander of Charlie Brigade. The victims were all Hutus and resided in the neighbouring village of Kibabi. Investigations into the causes of the killings are ongoing.

3. A series of rapes was allegedly committed by FARDC soldiers from the 2nd Integrated Brigade based in Vuyinga – 60 km west of Butembo, North Kivu, during the first week of April. An 18-year-old woman was allegedly raped on 4 April in her house, and a 13-year-old girl was raped on 5 April 2005 near a water-well. Another minor was allegedly raped on 1 April in Butembo also by a soldier from the 23rd Battalion of the 2nd Integrated Brigade. The alleged perpetrator in the latter case was arrested. These incidents of rape were followed by a wave of arbitrary arrests of civilians by the FARDC in Vuyinga village on 6 April. At least six civilians were allegedly arrested, including the village chief. According to a local source, these arrests took place after the villagers tried to intervene to demand that the perpetrators be punished. All the arrested persons were released on 8 April.

4. On 30 April 2007, the Kinshasa/Gombe Military Tribunal acquitted lawyer and former presidential candidate, Marie-Thérèse Nlandu and her nine co-defendants of charges of organizing an insurrectionary movement, participating in an insurrectionary movement and illegal possession of weapons, due to insufficient evidence. Me Nlandu was arrested on 21November 2006 by the Special Services branch of the police (Kin Mazière) when she went to enquire about the whereabouts of six of her collaborators who had been arrested the day before.

She was charged by the Office of the Military Prosecutor on 22 November and remanded to the CPRK (Kinshasa Central Prison) together with her collaborators later that day. The charges brought against Me Nlandu were linked to statements she had made to a group of MLC supporters outside the Supreme Court of Justice in Kinshasa on 20 November and during an interview with the media inside the Supreme Court on 21 November (the day part of that institution was set on fire and ransacked by protestors) as well as three hand grenades that the police claimed to have found in one of her vehicles on 20 November.

FARDC soldiers were responsible for numerous incidents 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 .

5. On 24 April 2007, in Bukavu, South Kivu Province, two civilians were killed and another seriously injured by a group of about ten armed FARDC soldiers. The soldiers had earlier forced their way into the residence of a pastor in the Muhungu neighbourhood of Ibanga Commune by firing several shots at the main entrance. They subsequently looted the residence. While making their escape, the perpetrators were stopped by a group of civilians from the neighbourhood. They then fired several shots at the crowd, killing two persons on the spot and seriously wounding another.

6. A diamond trader was allegedly killed by a FARDC soldier, on 20 April, in Kasha Bonzola neighbourhood of Mbuji Mayi. The incident allegedly took place when the perpetrator attempted to break into the trader's private residence in order to loot it. When met with resistance from the victim, the perpetrator allegedly fired several shots through the door, fatally wounding the victim in the head. He later escaped with a briefcase and two mobile phones belonging to the victim.

7. During the night of 18-19 April, in Bukavu, South Kivu, one civilian was allegedly killed and another seriously wounded after a group of four armed FARDC soldiers, believed to belong to the Military Police, attacked a private residence in the Essence neighbourhood – 4 km from the centre of Bukavu. The perpetrators broke in the house demanding money. As the owner of the house replied that he did not have any, the perpetrators shot him twice in the head killing him on the spot. The victim's wife was admitted to a local hospital.

8. On 28 April, a student of the University of Goma was shot by a corporal of the 5th Naval Region. The perpetrator reportedly demanded that the victim hand over his mobile phone and then shot him when he refused to do so. The man died the following day at a local hospital. This death resulted in huge protests from the student community in Goma and caused major disruptions to activities in the town.

9. On 6 March 2007, a civilian was shot dead by a FARDC soldier of the 85th Brigade in Walikale – approximately 120 km west of Goma, North Kivu. The perpetrator allegedly ordered the victim to give him three cigarettes and some money. The victim handed over the cigarettes but refused to give the money. At that point the perpetrator became angry and shot him, killing him on the spot. The perpetrator was arrested and was remanded in custody at the Munzenze Central Prison in Goma to await trial.

10. On 21 April 2007, in Butembo, a FARDC soldier from the 2nd Integrated Brigade allegedly arbitrarily executed a PNC agent. The victim received two bullets, one in the head and the other in the chest – and died on the spot. According to the information received, the victim was in a state of drunkenness when he arrived at his post and he was accompanied by a colleague. A FARDC soldier on patrol allegedly addressed the policeman three times and fired after the victim opened fire himself. However, this information was not confirmed by the victim's colleague who was at the scene. According to his declaration, the soldiers addressed them only once and then opened fire. Both the perpetrator and the victim's colleague were arrested for questioning by the Office of the Military prosecutor.

11. On 22 March 2007, a guard of the Epulu National Park – approximately 180 km west of Bunia in Mambasa territory – was shot dead while on patrol with four other guards, by an identified FARDC Sergeant. The perpetrator was part of a group of poachers led by a Captain who has deserted the FARDC. After the incident, the perpetrator rejoined his unit in the 82nd Battalion currently deployed in Fataki. The brother of the victim filed a complaint with the Military Prosecutor who confirmed that the perpetrator had been arrested and would be transferred to Bunia.

12. A male resident of Ayissi-Umbozi village – 6 km South of Ngote, Ituri, was a victim of attempted arbitrary execution on 25 April by two elements of the FARDC 2nd Battalion based in Nioka as he resisted their attempt to extort him of his money. The assailants made their escape with 80,000 Ugandan shillings ($ 58.00 US) but were later apprehended with the help of the local residents and handed over to the Commander of the Nioka Battalion. The perpetrators have since been transferred to the Mahagi Central Prison.

13. Cases of sexual violence continue to be registered throughout the country on a regular basis. However, the highest number of cases was registered in North Kivu. In Butembo alone, a local NGO registered 19 new cases of rape during the month of March 2007. At least three of these rapes were committed by FARDC soldiers from the 2nd Integrated Brigade. In Rwahwa, in the territory of Beni, five cases of rape were committed by elements of this brigade between 15 and 17 April. These violations were committed in reprisal for the killing of a soldier from the 2nd Integrated Brigade by an unidentified person believed to be a Mayi Mayi combatant.

14. A woman was raped in the village of Ndiba in the territory of Walungu – approximately 110 km south-west of Bukavu on 27 March 2007. The alleged perpetrator was identified as a FARDC soldier from the 1st Platoon of the 1st Company of the 2nd Battalion of the 103rd Brigade (ex-11th Integrated Brigade). The incident allegedly took place when the victim was on her way from the fields. The alleged perpetrator threatened the victim with death and then raped her.

15. During the night of 1-2 April, in Kabalo – 300 km west of Kalemie – a 13-year-old girl was allegedly raped by a soldier of the 672nd Brigade of the 3rd FARDC Company. In the absence of the victim's parents, the alleged perpetrator broke into the residence of the victim, took her to a classroom and raped her. The alleged perpetrator was arrested and brought before the 3rd Company HQ.

16. A woman claimed to have been a victim of attempted rape committed by a FARDC Adjutant in Eringeti – 63 km north of Beni – on 9 April 2007. The incident took place after the perpetrator, in a state of drunkenness, broke into the victim's residence. The woman was admitted to a local hospital. The alleged perpetrator was arrested and transferred to the Headquarters of the 2nd Integrated Brigade in Beni.

17. On 18 April, a woman was allegedly raped by two FARDC soldiers from the escort of the Commander of the 85th Brigade in Djingala village, in the territory of Walikale, North Kivu Province. The perpetrators allegedly broke into the victim's residence, threatened her husband with death and took her to a nearby forest where they raped her.

18. Two women claimed to have been raped, on 15 April, by two armed soldiers, identified as an insurgent, near Mugaja – 47 km north-west of Uvira. The women claimed that they were raped near a water source after being threatened with death. Both victims were admitted to a local hospital.

19. During a round-up organised by the FARDC soldiers from the 109th Brigade and policemen of the GMI² in Uvira on 12 April 2007, about 40 civilians of the Banyamulenge community were allegedly arrested and were illegally detained in holding cells of the FARDC 109th Brigade, PNC and ANR. Fifteen of the arrested were later released. The round-up was carried out in order to look for firearms and to identify alleged infiltrés.

20. Four civilians, members of the Banyamulenge community were allegedly arrested, subjected to ill-treatment and had their belongings extorted by soldiers from the 109th FARDC Military Brigade at Katogo and Kirungu – 15 km south of Uvira and 20 km south-west of Uvira respectively – on 25 and 30 March 2007. Two of the four victims were illegally detained in the Military holding cell.

21. A pastor claimed to have been beaten and injured, on 30 March 2007, by three armed FARDC soldiers from the 109th Brigade at an illegal check-point near Buhonde – 23 km south-west of Uvira. The victim also had his money extorted.

22. A civilian working at MIBA³ polygone claimed to have been attacked by two FARDC soldiers in Diulu commune of Mbuji Mayi on 8 April 2007. The incident took place near the victim's residence as the perpetrators approached him as he was parking his vehicle, threatened to kill him and demanded money. The perpetrators managed to extort $ 830 US and other valuables.

23. FARDC soldiers from the 2nd Integrated Brigade committed a series of human rights violations against the civilian residents of Rwahwa village – 19 km north-west of Butembo – between 15 and 18 April 2007. The violations were committed in reprisal for the alleged killing of a soldier by an unidentified person believed to be a Mayi-Mayi combatant. During these days at least five women were allegedly raped, many civilians were beaten and at least 12 houses were looted.

24. A large number of FARDC soldiers systematically looted the village of Linga – 31 km south-west of Kpandroma – between 8 and 24 February 2007 during military operations against FNI militias. Eleven women were raped during this period.

25. A civilian employee of the Nyamilima hospital was allegedly tortured after he was arrested by two FARDC soldiers from the 2nd Battalion of the Bravo Brigade on 2 March 2007. The perpetrators took the victims to their camp, tied him up and severely beat him with a baton on his arms, head and lower back. The soldiers accused the man of collaborating with Mayi-Mayi and tortured him in order to force him to accept the accusation. The victim was released on 30 March. This case is among many similar ones in which civilians are arrested and seriously mistreated by FARDC soldiers of the above mention Battalion on the pretext of being Mayi-Mayi or FDLR collaborators. There are allegations that all these activities are masterminded by the head of S2 of the 2nd Battalion.

26. On 15 April, in Mbuji Mayi, a group of five FARDC soldiers allegedly severely beat up a civilian. According to the victim, he was outside in the street when the soldiers asked him what he was doing there. Unsatisfied with the manner in which he replied, the perpetrators took the victim to an isolated location, tied up his hands, and administered blows to his chest and back. They also claimed that the beating was aimed at teaching him to reply politely to soldiers' questions.

27. A civilian claimed to have been a victim of cruel, inhuman and degrading treatment committed by an FARDC soldier in Karawa – 75 km north-east of Gemena in Equateur Province. According to the victim, on 10 April 2007, he was beaten by an FARDC soldier who tried to take possession of his land.

28. A journalist claimed to have been arbitrarily arrested and subjected to mistreatment on 17 April by five FARDC soldiers of the Military Police. She was allegedly arrested for talking on the phone near the official residence of President Kabila in Mbuji Mayi, Kasaï Oriental Province. The perpetrators mistreated her and threatened to transfer her to the ANR.

29. On 27 April 2007, in Parambo Ageyeru ( 8 km, north of Mahagi), a 37-year-old man was allegedly arbitrarily arrested and subjected to ill treatment by two FARDC soldiers of the 1st Battalion of the 1st Integrated Brigade. The victim was tied up by an ANR agent and beaten up by FARDC soldiers.

30. On 27 April, in Vii, collectivity of Mokambo, ( Ituri), local residents intervened to assist a passer-by who was being beaten up by a drunken soldier. That night an undetermined number of soldiers under the command of a Lieutenant entered the village to take reprisal action against the population. The man initially beaten by the drunken soldier was arrested and kept in the FARDC camp in Atala. The rest of the population sought refuge in the nearby forest. A 13-year-old boy was also arrested for having provided assistance to the passer-by.

31. A man reported that on 25 April he was submitted to extortion, ill treatment and arbitrary arrest in Parambo Ageyeru (8 Km N of Mahagi) by two FARDC soldiers of the 1st integrated brigade, 1st battalion. He was intercepted in the road by two FARDC, two customs officers and one ANR officer; he was then tied up and tortured. He still shows physical signs of torture. An official investigation has been launched by the office of the military prosecutor and the commander of the perpetrators

PNC agents were implicated in a steadily increasing number of human rights violations during the month in review, especially in Kasaï Oriental Province

32. The high level of insecurity and the human rights situation in the town of Mbuji Mayi, Kasaï Oriental Province, continued to be cause of grave concern during the reporting period. The alleged perpetrators of most violations (arbitrary executions, armed robbery) are members of the police and the FARDC. In addition, police officers are implicated in several cases of arbitrary arrest and illegal detention followed by torture, cruel, inhuman and degrading treatment. A 21-year-old man died on 30 April after having allegedly been tortured by police officers in the Dibindi commune.

According to the victim's wife, members of the Police d'Investigation Criminelle (PIC) arrested her and her husband at their home on 28 April. The men accused the husband of being a suicidaire⁴ and demanded that he reveal where he had hidden his weapons. Both were beaten on the spot and then taken to the police station where they were tortured in order to admit that the husband was a suicidaire. The wife was released on 30 April and the following day the police informed her of the death of her husband at a local hospital.

33. On 1 April, a civilian resident of the IDP camp in Oïcha – 30 km north of Beni – allegedly died after he was severely beaten by PNC agents based in Oïcha. According to the victim's spouse, he was seriously beaten with batons and had injuries on his face and right side of the body. He allegedly bled profusely through the nose. The victim was taken to hospital where he died on the same day. The victim was beaten because of a minor traffic accident in which he was involved with his bicycle.

34. On 26 March, in Lodja – 500 km north of Mbuji Mayi – a student was allegedly shot dead by a police officer assigned to SOFICOM, a financial institution. The reason of the incident remains unknown.

35. A demobilised soldier, suspected of having looted a house, died on 17 April at the sub-PNC Station in Waka – 515 km north-east of Mbandaka – after having been severely beaten by the police. According to the information received, on 16 April, nine armed policemen entered the victim's house and subjected him and seven other members of his family to cruel, inhuman and degrading treatment. On 17 April, after having looted the house, the policemen brought the victim, his wife, and his mother-in-law to the PNC holding cell where he died as a result of the ill-treatment to which he was subjected. The victim's mother-in-law was released on 20 April and was admitted to a local hospital. The victim's wife was held in detention until 21 April when she was released following the intervention of the Administrator of the territory of Basankusu.

36. According to local sources, three persons, including a minor, were injured, allegedly by policemen, during a demonstration organised by about 250 demobilised soldiers in Gemena – 420 km north-east of Mbandaka – on 2 April 2007. The same sources claimed that further 57 demobilised soldiers were arrested and detained at Angena Prison in Gemena. Some of the demonstrators allegedly looted the residence of the FARDC 10th Brigade Commander. The demobilised soldiers had organised the demonstration to protest against the delays in their payment.

37. On 2 April, in Kasese – 125 km north-east of Punia in Maniema Province – a civilian was allegedly subjected to ill-treatment by a police officer. The incident took place after the victim resisted an arbitrary arrest by the police officer. The victim was allegedly beaten unconscious and was evacuated to Bukavu.

38. Three more cases of armed robberies implicating PNC agents were registered in Mbuji Mayi. During the night of 30-31 March, a group of five armed men, two of who were wearing PNC uniforms, allegedly broke into a private residence in Diulu Commune, threatened and tied up the residents and took all the money and valuables from the house. In similar circumstances another private residence in Dibindi Commune was allegedly attacked and looted during the night of 1-2 April. The perpetrators were five armed men, one of who was wearing a PNC uniform. The same groups of perpetrators allegedly attacked and looted a local parish of Dibindi Commune, also during the night of 1-2 April.

39. On 21 April 2007, police officers assisted by FARDC elements allegedly subjected the residents of Bonyanga – 600 km north-east of Mbandaka, Equateur Province, to arbitrary arrests, torture, cruel, inhuman and degrading treatment, looting and heavy fines in reprisal for protest action taken some days earlier. Following the death by drowning of two young women on 9 April, reportedly caused by the harassment from elements of the Naval Force, the following day the local population, armed with machetes and sticks, attacked and burned down the local Naval Force base resulting in the hasty dispersal of the soldiers. On 21 April, a team of police officers and soldiers was sent to conduct investigations. It was members of the investigation team who allegedly led the reprisal against the local residents.

40. On 30 March 2007, during a meeting in Saio (Mongbwalu), Ituri, the"chef de cité" asked the people to participate actively in the discussions. A participant who complained that the police cells in Mongbwalu had become a place of detention mainly for members of the Lendu ethnic group was subsequently arrested by the Police d'Investigation Rapide (PIR) on the orders of the "chef de cite" and then illegally detained for four days in the police holding cells.

41. Two civilians, one of who is a minor, were arbitrarily arrested and illegally detained in the police station of Bena Kabongo in Mbuji Mayi, on 3 April. The minor was allegedly detained by the PNC on the orders of his aunt who accused him of disobeying her. The second victim was accused of beating up his niece.

42. On 4 April 2007, a 17-year-old boy was arrested in the place of his father by the PNC Special Services of Bena Kabongo, in Dibindi Commune in Mbuji Mayi. The father of the victims had allegedly been accused of debt.

43. A civilian arrested for having committed a theft was allegedly severely beaten and otherwise mistreated by the policemen from the police station Kananga-Est. According to the victim, he was arrested on 10 April by two PNC agents and two FARDC soldiers carrying out a patrol of the area. They took the victim to his house and demanded money for his release. Not satisfied with the amount given, the perpetrators beat the victim, tied up his arms and took him to the holding cell of the police station. According to the OPJ in charge of the case, the policemen inflicted injuries to the victim during the arrest as the latter tried to resist.

44. During the reporting period, armed robberies continued unabated in Mbuji Mayi. A civilian claimed to have been a victim of an armed robbery carried out by two armed policemen in a school in Mbuji Mayi in the night of 11 April 2007. According to the victim, he and a group of women were observing an evening church service carried out at the school premises, when a group of armed policemen attacked the school in order to loot it. The situation returned to normal after the intervention of ten PNC agents who had been called to the scene by neighbours.

45. A 3-year-old child was allegedly raped by a policeman in Mvuzi – 2 km from Matadi – on 4 April 2007. The perpetrator allegedly lured the child into his house by promising sweets and then raped her. The incident was reported to the police and the alleged perpetrator was arrested. He is currently detained in the Matadi prison awaiting trial.

46. A woman was allegedly subjected to cruel, inhuman and degrading treatment by the policemen in Kasongo – 195 km south-east of Kindu – on 13 March 2007. The victim was arrested after the came to a police station to inquire about her brothers who had been arbitrarily arrested. The victim was allegedly tied up and dragged along the ground.

47. According to a local source, a minor was allegedly raped by a PNC commander while in illegal detention in a police holding cell in Mukonga – 180 km from Kasongo in Maniema – in early March 2007. The minor had been arbitrarily arrested instead of her brother by policemen carrying out an investigation into a theft. The victim was allegedly taken out of the holding cell during the night and taken to the office of the police commander who then raped her.

48. A human rights activist in Boma – 120 km west of Matadi – was arrested and illegally detained when he refused to pay ‘frais judiciaire' (legal fees).. The victim was illegally detained for two days in the holding cell of the Office of the Military Prosecutor and two days in the prison of Boma.

49. On 13 April, two PNC agents allegedly extorted two goats from a civilian in Mbuji Mayi. The policemen arrived at the victim's residence to arrest his son accused of a theft. As the latter was absent, they threatened his father to arrest him as an accomplice and demanded payment for not doing so. Despite the victim's protests, the policemen took two goats from the house.

50. On 19 March, a woman was reportedly raped by a policeman in Kankonde village – 120 km from Kamina. The perpetrator allegedly belonged to a group of nine policemen that had been sent to the village for an investigation. The victim underwent a medical operation as a result of rape.

51. On 22 April 2007, a journalist from Radio Okapi was beaten by a PNC officer, the Commander of the Police Integrated Battalion, in Kananga. The victim received several blows with a baton on his left leg and he also lost some of his equipment. The incident took place while the journalist was conducting a live transmission of a football match. The exact reason of the beating remains unknown.

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

52. On 12 April, a civilian was summarily executed after a Republican Guard (RG) soldier fired at him in Maleke neighbourhood of Kisangani – 13 km from the city centre. The victim was allegedly arrested during an argument he had with another civilian. However, the reason of the killing remains unknown. The alleged perpetrator was arrested and taken to the Office of the Military Prosecutor. A Republican Guard Commander attempted to obstruct the administration of justice by delaying the transfer of the suspect to the Prosecutor's Office for a period of five days.

53. A demobilised Mayi-Mayi combatant was allegedly subjected to cruel, inhuman and degrading treatment by two ANR agents in Lubero – 45 km south of Butembo. The victim was arrested on 17 March for a theft of a goat and was seriously beaten until one of his arms was broken. After a complaint was filed by the victim, the perpetrators were arrested by the PNC but released two days later.

54. Two civilians of the Banyamulenge community claimed to have been arbitrarily arrested – one on 10 April and the other on 12 April – and severely beaten by four ANR agents in Uvira. The victims also had their money and belongings extorted by the perpetrators. One of the victims was arrested for allegedly facilitating the escape of another civilian. The second victim was accused of possessing a fake identity card.

55. In Kinshasa, on 18 April 2007, three lawyers were allegedly abducted by three armed men in civilian clothes. One of the victims, a defence counsellor, arrived at the house of his colleagues in Masina Commune of Kinshasa in order to discuss a case that his client had filed against a Colonel from the Police Inspectorate of Kinshasa (IPK). Later, the victims were seen forced into a jeep outside the house by three armed men and consequently detained by the ANR.

56. The President of a local NGO in Mbuji Mayi was allegedly a victim of arbitrary arrest and cruel, inhuman and degrading treatment inflicted by the Director of the ANR in Mbuji Mayi on 18 April 2007. According to the victim, the arrest took place after a press conference organised by him on 14 April during which he accused counsellors of the Governor of having violated human rights of members of the Kayok community. The Director of the ANR accused the victim of insulting the Governor during the press conference. The victim was detained for 26 hours and was released without charges. The victim has filed a complaint against the Director of the ANR.

57. On 22 April, a civilian was arrested and subjected to cruel, inhuman and degrading treatment while in detention by an ANR agent and four FARDC soldiers of the 10th Military Region in Bukavu. According to the victim, he was arrested for having criticised the decision of the Governor to prohibit humanitarian agents and those employed in timber exploitation to access Kanyola – Nindja axis and enter in contact with FDLR/Rastas who transport the timber. The victims stated that six other persons were also detained in the ANR holding cells, some of them for reasons not connected to the State security.

58. In Kitenge – 900 km north of Lubumbashi, Katanga Province, two civilians were arrested on 18 April and detained until 20 April on charges of failure to repay a debt and land conflict. The two men were kept at the private residence of the ANR Director and were released after reportedly paying 8,500 and 6,600 Congolese francs respectively.

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

59. Reports of attacks by armed Rwandan Hutu (FDLR/Rasta) on villages in Walungu territory of South Kivu continued throughout the period in review. Thus, two civilians were allegedly arbitrarily executed during an attack carried out on Ciganda village – 65 km south west of Bukavu – during the night of 8-9 April 2007. Another civilian was allegedly abducted. The perpetrators also took utensils and livestock.

60. Rwandan Hutu combatants reportedly carried out two attacks on Budodo village – 67 km south-west of Kanyola in Walungu territory of South Kivu during the nights of 31 March-1 April and 1-2 April. During the first attack, a 2-year-old child was allegedly killed, a girl was burnt, four civilians were injured and nine others, including six minors, were allegedly abducted by the perpetrators. During the second attack, five other civilians were allegedly abducted. The perpetrators also took the victims' belongings and livestock.

61. During the night of 3-4 April 2007, three civilians were allegedly killed during an attack by a group of four armed Rwandan Hutu on the village of Murhali – approximately 55 km south-west of Bukavu. The perpetrators allegedly looted the local medical centre.

62. Three women were allegedly abducted by armed Rwandan Hutu combatants during their attack on the village of Kaniola-centre – 55 km south-west of Bukavu – during the night of 4-5 April 2007. The victims were reportedly taken to Mugaba forest. According to local sources, the perpetrators initially abducted six persons, but three of them were saved by the FARDC stationed in the vicinity.

63. The Mayi-Mayi of the Baraka group resumed its activities in the area around Malio – between 55 and 65 km south-west of Beni, North Kivu. Reports of several human rights abuses committed by the Mayi-Mayi came from the area over the past month. On 9 March, 13 civilians were allegedly arbitrarily executed by the Mayi-Mayi in retaliation for arrests of some of their combatants by the FARDC. On 15 March, Mayi-Mayi combatants allegedly abducted 13 civilians and took the victims to their positions in Kanimba.

On 29 March a policeman was abducted, mutilated and killed, on 31 March, by the Mayi-Mayi between Butuhe and Vurondo. On 2 April, one civilian was killed and seven others abducted by the Mayi-Mayi near a gold mine in Kiboto – 55 km south-west of Beni. Three civilians were burnt alive after the Mayi-Mayi attacked Kivira village and set five houses on fire in retaliation for the alleged arrest and killing of a Mayi-Mayi combatant by the FARDC on 9 April.

64. A woman claimed to have been raped, on 5 April, on her way from the Nalugi market – area west of Katobo – 57 km north-west of Uvira. The alleged perpetrator belongs to the group of insurgents operating in the Haut Plateaux of South Kivu Province.

65. Two women were allegedly raped in Kaweka village – 100 km west of Kalemie – at the beginning of April 2007 by Mayi-Mayi combatants from "Mundus" group. Both women have signs of infections at an advanced stage due to the lack of appropriate medical treatment.

Administration of Justice

66. On 25 April, the Military Court of Katanga delivered its verdict in the trial of Major Ekembe, ex-Commander of the FARDC 63rd Brigade, and other FARDC officers responsible for the death of 15 presumed Mayi-Mayi combatants in the Mitwaba Prison in March-April 2005. Félix Baseme was sentenced in absentia to 10 years in prison while his co-defendants Ekembe, Kanyimbu and Muyembe were sentenced to 15 months imprisonment. All four convicted men were ordered to pay the court charges of 20,000 FC each. The Court also ruled that the convicted men and the State would pay $10,000 US in damages to the families of each victim.

67. Due to the absence of a fully functional criminal justice system, civilians continue to resort to mob justice. Residents of Mabanga South neighbourhood, Karisimbi Commune of Goma allegedly stoned a soldier after he was caught attempting to break into a private residence in the night of 2-3 April 2007. After the intervention of the Military Police the victim was transferred to the local hospital where he died due to the injuries sustained.

68. The trial into the Bunia FARDC mutiny of 11-12 January 2007 began and continued during the month of April. The first hearing took place on 2 April 2007. The mutiny, which was started by members of the 1st Integrated Brigade and followed by members of the other Brigades, ended up with the looting of Bankoko area in Bunia and five alleged cases of rape. The president of the Military Court identified the suspects (17 in total, two of whom were absent) and pronounced the charges against them: looting, misuse of ammunition and "violation de consigne". Seventeen victims were organised as "partie civile". No rape charges have yet been brought against the 17 due to insufficient evidence.

69. The Commander of the FARDC Brigade based in Isiro – 300 km north-east of Kisangani – sent four FARDC soldiers to forcibly extract a friend of his who had been arrested and detained in the prison of Isiro. Following the incident, the security situation in the area seriously deteriorated and led to the closure of the Prosecutor's office for 48 hours. The District Commissioner ordered the Commander to respect judicial decisions and return the persons extracted back to prison. This officer is known for his past attempts to obstruct the administration of justice.

70. Between 3 and 9 April, the Military Tribunal of the Garrison of Kalemie carried out chambres foraines⁵ in the territory of Moba – 300 km south of Kalemie. In total, eight cases were tried by the Tribunal which resulted in four sentences and four acquittals. Among those sentenced was a FARDC Lieutenant of the 6th Military Region who received a 20-year prison term for having raped a minor in Mwanza – 90 km west of Moba – on 29 September 2006.

71. The first court hearing of seven adepts of the politico-religious group Bundu Dia Kongo (BDK) was adjourned until 16 May. The hearings, earlier scheduled for 16 April, are to take place in Muanda – 120 km west of Matadi, Bas-Congo Province. The detainees are accused of rebellion, destruction of property and attacks against military personnel during the 31 January – 1 February violent incidents in Bas-Congo. A request for their temporary release (bail) was turned down.

72. On 11 April, the Second Commander of the PNC in Mahagi, Ituri District, allegedly abused his power and released a detainee accused of medical mal-practice that led to the death of a patient. This crime is punishable according to the Congolese law by up 5 years of imprisonment. The accused had been detained illegally in the PNC holding cells since 3 March 2007 and was never presented to a judge. The liberation allegedly took place after the detainee paid an undisclosed sum of money to the PNC Commander.

73. On 13 April, in Kamina, a CONADER employer was sentenced to 10-year imprisonment and 100.000 FC in damages payable to the victim of rape (a minor) he had committed on 17 August 2006.

74. An FARDC Adjutant was sentenced, on 18 April, to 12 years in prison for having committed rape in August 2006 by the Military Tribunal of the Garrison of Lubumbashi. The accused is also to pay $1,000 US in damages to the victim and a fine of 10,000 FC.

75. On 30 April, in Gemena, Equateur Province, the Military Court delivered its verdict in the trial of a DPP Captain responsible for the rape of a 14-year-old girl. The DPP officer was sentenced to five years imprisonment, expelled from the FARDC and ordered to pay $4,000 US in damages to the victim.

Prisons and other Detention Centres

76. The central prison of Buta – approximately 300 km north of Kisangani – is currently in an advanced state of dilapidation. Nineteen inmates, including several sentenced for life-imprisonment, freely leave the detention facility and walk around the town. Neither the Prison Director not two PNC agents in charge of security are able to control these movements. Due to the absence of food and water in the prison, the detainees spend the day cutting and selling the leaves of manioc.

77. According to the Director of the Mbuji Mayi Central Prison, three detainees passed away in the facility on 17 April 2007 due to severe malnutrition. The Director claimed it was the result of the lack of support from the State, which does not provide food and basic medical care for the detainees. In Mwene Ditu, Kasaï Oriental, two inmates of the local prison died on 28 and 30 April respectively due to lack of food and medical attention.

78. Ten out of 17 detainees of the Palace of Justice in Mbuji Mayi managed to escape form the detention facility on 16 April 2007. According to the Prosecutor, some of the escapees had been arrested for rape and premeditated theft. Efforts are being made to find all the persons escaped.

79. During the reporting period many detainees have escaped from the Kalemie Central Prison and other detention centres. Ten escapes were registered between 4 and 16 April 2007. According to the Director of the prison, this became possible due to the dilapidated states of the buildings. Most of the escapees were accused of serious crimes and may present danger to the population of Kalemie. During the night of 29-30 April, an inmate who was serving a 10-year sentence for rape escaped from the holding cell of the Office of the Military Prosecutor (l' Auditorat Militaire) where he had been temporarily transferred.

80. The Mahagi (Ituri) prison has been refurbished thanks to a project financed by UNDP. On 28 April, 75 detainees were transferred from the holding cells of the Mahagi PNC station that served as the prison to the new facility.

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Endnotes:

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

2 Groupe Mobile d'Intervention.

3 Société minière de Bagwanga.

4 The suicidaires are current or former members of the armed forces and the police who have negotiated "protection deals" with illegal miners. The suicidaires' activities are also illegal. They have been responsible for the death of and injuries to an alarmingly high number of miners.

5 Itinerant court hearings.