Observatory for the Protection of Human Rights Defenders Annual Report 2004 - Democratic Republic of Congo

Constraint upon freedom of assembly – Kinshasa⁶⁶

The NGOs which collectively make up the Organisations of Civil Society Dynamics/Driving Forces (Dynamique des Organisations de la Société Civile/Forces vives) wanted to organise a peaceful demonstration on 20 April 2004 to protest against war, poverty and the partition of the DRC and in favour of holding free and democratic elections.

The organisers of the event, including the National Council of Development Organisations (Conseil national des organisations de développement – CNONGD), the National Support Centre for Popular Participation (Centre national d'appui à la participation populaire – CENADEP), and the National Network of Human Rights Organisations in the DRC (Réseau national des organisations de droits de l'Homme en RDC – RENADHOC), sent a letter to Mr. David Nku Imbie, Governor of the city of Kinshasa, advising him about the organisation of this demonstration. In a letter dated 19 April 2004, the day before the event was to be held, Mr. Nku Imbie refused them the right to organise this march, on the grounds of the "possible effect of the demonstration on public order and the protection of people and their property". This letter was also sent to the Minister of the Interior, to the Provincial Police Inspector of Kinshasa, to the Provincial Director of the National Intelligence Agency (Agence nationale de renseignements – ANR)/city of Kinshasa, to the city's Head of Division for culture and arts, and also to the Burgomasters of the Gombe, Kinshasa and Lingwala communes.

On 20 April 2004, the demonstrators gathered despite the Governor's prohibition. However, faced with a considerable police force deployed around the assembly site and all along the intended route, the peaceful march never took place.

Continued harassment of the League of Electors – Kinshasa⁶⁷

Campaign to discredit the LE towards its donors

Since January 2004, the League of Electors (Ligue des électeurs – LE) has been the victim of a smear campaign orchestrated by pro-governmental associations, such as the Congolese Civil Society (Société civile congolaise – SOCICO), towards its various sponsors. These NGOs in fact contacted the principal donors of the LE, by letter or by meetings, and advised them to stop their funding mainly by accusing the LE of not supporting the transition process and of inciting the people to revolt.

This strategy, which has deprived the League of the financial support of a number of institutions, has seriously limited its activities.

Intimidation of Mr. Paul Nsapu⁶⁸

On 26 April 2004, Mr. Paul Nsapu, president of the LE, was interviewed on the television channel Antenne A when he gave his views on the political situation in the DRC and the follow up to the referral to the International Criminal Court (ICC) on human rights violations in the eastern part of the country. This interview was recorded and broadcast by Télé Kin Malebo (TKM).

During the night of 27 to 28 April 2004, when Mr. Nsapu was returning home in his car after attending a seminar organised by the International Organisation of the Francophonie (Organisation internationale de la francophonie – OIF), entitled "Managing the transition process with regard to the role of democracy-supporting institutions", his vehicle was tailed and caught "in a vice" between two cars with tinted windows and disguised registration plates. The drivers of these two vehicles first tried to cause an accident, before chasing Mr. Nsapu to a service station, where he hid to escape them. His pursuers watched him for half an hour before disappearing.

In addition, on 23 July and 16 August 2004, Mr. Nsapu received anonymous calls on his mobile phone threatening him with death.

Arrest and arbitrary detention of Mr. Kabamba Kabamba

On 14 June 2004, Mr. Kabamba Kabamba, a member of the LE, published in the local press an article condemning the suspicious circumstances of the failed coup against the ruling power in the DRC, on 10 and 11 June 2004, which was presumed to have been organised by Major Eric Lengi, Commander of the Special Group for Presidential Security (Groupe spécial de la sécurité présidentielle – GSSP)

On 16 June 2004, Mr. Kabamba Kabamba was arrested at his home by agents of the ANR, and driven with his wife, Mrs. Justine Bilonda, to the ANR offices. Mr. Kabamba was questioned at length on his connections with Mr. Paul Nsapu, president of the LE, as well as on the association's sources of funding. Mr. Kabamba Kabamba and his wife were not released until 21 June 2004, without any charges being brought against them. They have since lived in hiding.

Arrest and arbitrary detention of Messrs. Robert Numbi Ilunga, Rodolphe Mafuta, Kally Kalala and Lems Kalema Kinshasa⁶⁹

The Friends of Nelson Mandela Association for the Defence of Human Rights (Association des Amis de Nelson Mandela pour la défense des droits de l'Homme – ANMDH) interceded in May 2004 as a mediator for the authorities of Kinshasa at the request of the NGOs Bana Kalamu et Bana Matonge, two associations for the defence of citizens' rights in the city of Kinshasa, in a matter involving Mr. Martin Matabia Hayala, a businessman who was illegally erecting a private construction on public land in the Matonge II district of Kinshasa.

Whilst the case seemed to have been received favourably by the various authorities, such as the Governor of the city of Kinshasa, the Burgomaster of the commune of Kalamu and the Vice President of the Republic who heads the economic and finance commission, Mr. Matabia Hayala, lodged a complaint – the date and content of which were never communicated – against Mr. Robert Numbi Ilunga, president of the ANMDH, Mr. Rodolphe Mafuta, president of Bana Kalamu, and Messrs. Kally Kalala and Lems Kalema, respectively president and member of Bana Matonge.

All four were arrested on 7 June 2004, before being placed in police custody in the cellar of the police station. Whilst the legal time limit of police custody is 48 hours, the four men were detained there for five days, under particularly precarious conditions (cramped, overcrowded space, without air supply).

Messrs. Numbi Ilunga, Mafuta, Kalala and Kalema were only notified of the charges brought against them on 10 June 2004, after they were heard by the investigating solicitor general who accused them of "inciting the people to revolt" and of "malicious destruction" (Article 112 of the Criminal Code).

They were transferred on 12 June to the central prison of Kinshasa, before being released on bail – amounting to 450 US dollars each – on 16 June 2004.

At the end of December 2004, the action was still pending.

Continuing harassment of the members of the VSV Kinshasa⁷⁰

On 4 July 2004, the Voice of the Voiceless (Voix des Sans Voix – VSV) published a press release reporting the arrest in Brazzaville (Congo) and extradition to the DRC of Major Eric Lengi⁷¹. In this press release, the VSV, fearing an out of court ruling on this failed coup, denounced the confidentiality of the arrest and extradition of Mr. Lengi, which were otherwise refuted by the governments of both the Congo and the DRC.

On 6 July 2004, when Mr. Floribert Chebeya Bahizire, president of the VSV, was going to a meeting with a journalist from the newspaper Le Potentiel at the paper's offices, four armed men in plain clothes took him aside outside the paper's building and violently searched him under the pretext of looking for an anti-government leaflet.

The four men confiscated Mr. Chebeya's bag containing all his documents about the Lengi case, and took some money from him. These men, who were speaking amongst themselves in Swahili, seemed to be acting under the orders of one of them, whom the others called "captain", who spent a long time on the telephone, seemingly waiting for instructions. Mr. Chebeya took advantage of his captors' lack of attention to escape and hide in the offices of Le Potentiel.

Mr. Chebeya, who has already been subjected to verbal threats from senior representatives of the Military Order Court (Cour d'ordre militaire – COM, now dissolved), had to go into hiding from December 2002 to April 2003.

Threats of arrest against Mr. N'Sii Luanda Shandwe Kinshasa⁷²

On 3 December 2004, at the hearing of the case "Department of public prosecution vs. Mr. Michel Bisimwa and others", the Military Prosecutor affirmed that the State Prosecutor had sent a summons to appear to Mr. N'Sii Luanda Shandwe, a lawyer and president of the Human Rights Observers' Committee (Comité des observateurs des droits de l'Homme – CODHO), who is acting as a defence counsel in particular in the case of Mr. Michel Bisimwa. The latter is being prosecuted for the assassination of the former President Laurent-Désiré Kabila. Mr. Shandwe was also informed that this summons would be pre-dated to August 2003 and that it would include notification of his indictment for "treason".

However, after various discussions with civil society representatives following this event, the judge of the High Military Court indicated that the reference to this summons to appear during the hearing had been a mistake and was no more topical. These facts nevertheless constitute an act of intimidation against Mr. N'Sii Luanda, in particular with regard to the recurring acts of repression to which he has been subjected for several years.⁷³

Moreover, on 28 November 2004, when Mr. N'Sii Luanda arrived at the Kinshasa Penitentiary and Re-education Centre (Centre pénitentiaire et de rééducation de Kinshasa – CPRK), along with Mr. Amato Mbunsu Mahamba, a member of the CODHO, to visit his clients in prison, the prison administrator, Mr. Kitungwa Killy Dido, advised him that from then on he was prohibited from visiting the inmates of Wing 1 (which houses those accused in the trial of former President Laurent Désiré Kabila's assassination) and that he had to meet his clients in the presence of the head prison supervisor, and in that official's office. Since the prison administrator refused to cede this last point, Mr. N'Sii Luanda felt obliged to leave the prison without being able to meet with his clients.

Arbitrary arrest and ill-treatment of several defenders Katanga⁷⁴

On 6 April 2004, the Centre for Human Rights and Humanitarian Law (Centre des droits de l'Homme et du droit humanitaire – CDH), based in Lubumbashi, published a press release denouncing the situation of insecurity for nationals of the Equateur province living in Katanga. On 8 April 2004, the National Human Rights Observatory telephoned the members of the CDH, and told them about the "displeasure" on the part of the Governor of Katanga, Mr. Aimé Ngoi Mukena, following the publication of this press release.

On 10 April, Mr. Dieudonné Been Masudi Kingombe, executive director of the CDH, was arrested by ANR officers. When he was transferred to the provincial office of the ANR, Mr. Been Masudi Kingombe was violently beaten on his body and head, and an ANR officer attempted to bite off his ear. Mr. Been Masudi Kingombe was released two hours later in very poor condition, and without any reason for his arrest being given to him.

Furthermore, on 15 April 2004, the provincial director of the ANR, Mr. Katumbwe Bin Mutundi, gave instructions to his officers to look for and arrest Mr. Freddy Kitoko, a lawyer and vice-president of the African Association for the Defence of Human Rights (Association africaine de défense des droits de l'Homme – ASADHO) – Katanga section and Mr. Grégoire Mulamba Tschisabamka, CDH secretary general. Since 10 April 2004, Mr. Tschisabamka had received anonymous calls several times a day threatening him with death.

The ANR also allegedly drew up a list of about 10 people to be arrested, including Mr. Jean-Claude Katende, president of the ASADHO/Katanga, Mr. Oscar Rachidi, president of the League against Corruption and Fraud (Ligue Contre la Corruption et la Fraude – LICOF) and Mr. Hubert Tshiswaka, executive director of the Action against Impunity for Human Rights (Action contre l'impunité et pour les droits humains – ACIDH).

Due to international pressure, none of these people was arrested, and the threats stopped in May 2004.

The CDH also filed a complaint against Mr. Kasongo Tshikala, head of the ANR/city of Lubumbashi, for the mistreatment of Mr. Been Masudi Kingombe. At the end of December 2004, the case was still pending.

Arbitrary arrest and cruel, inhuman and degrading treatment of CDH members – Katanga⁷⁵

On 1 July 2004, Mr. Ferdinand Mukube Mbaya, a CDH representative in Mufunga-Sampwe (Upper-Katanga district), interceded on behalf of a peasant who was being threatened by the military to make him pay a fine. The following day, Mr. Mukube Mbaya was arrested by five of these soldiers on his way home. The five men violently kicked him and beat him with their rifle butts, blaming him for "making them lose money" by intervening the day before, then they ran off.

Mr. Mukube Mbaya, who sustained a broken leg as a result of the injuries inflicted by the soldiers, had to be hospitalised.

In addition, on 18 October 2004, Mr. Sylvain Kapende Dimbu, a CDH member in Kambove (Upper-Katanga district), was arrested by armed plain clothes officers of the national police, when he was carrying out an education assignment into human rights in Kafira (Kasenga territory). Accused of being a "spy" in the pay of the Maï-Maï militiamen, Mr. Kapende was violently beaten up, before being transferred to the police station and locked in a cell which was infested with "binkufu" (a type of flea, used as a means of torture). The same day, Mr. Polycarpe Kabela Shinka, another CDH member in Kambove, came to the police station to inquire about Mr. Kapende Dimbu's situation, and was also locked up.

On 20 October 2004, Messrs. Kapende Dimbu and Kabela Shinka were forced by police officers to walk 25 km to Kambove, where they were set free.

Grave threats against Mr. Golden Misabiko – Katanga⁷⁶

Mr. Golden Misabiko, honorary president of the ASADHO/Katanga, was arrested and arbitrarily detained from 5 February till 13 September 2001 at the Kinshasa Penitentiary and Re-education Centre (Centre pénitentiaire et de rééducation de Kinshasa – CPRK), and forced to leave the country in 2002, as a result of repeated threats against him. After spending almost two years in exile in Europe, Mr. Misabiko returned to Katanga in June 2004 and then resumed his activities.

On 24 October 2004, Mr. Misabiko circulated an open letter among the ASADHO partner organisations, condemning the human rights violations committed against civilians during the conflict in the Kivu, and drawing attention to the dangers experienced by the population in the mining towns of Katanga, as a result of the abusive exploitation of the uranium reserves in this province.

On 23 December 2004, while Mr. Misabiko was with his two children in a place called the "Allilac Center" in Lubumbashi, he noticed that a car was tailing them. The same vehicle was still tailing them forty-five minutes later, when they had just returned to their car to go home.

Mr. Misabiko tried, in vain, to call someone at the United Nations Mission in the DRC (Mission des Nations unies en RDC – MONUC). He then stopped to buy some water, and two people got out of the car which was following them. Mr. Misabiko identified one of them as being one of his former attackers on 5 February 2001 and, in addition, as being one of his torturers during his seven months of detention. When Mr. Misabiko asked him the reason for this harassment and who was behind, the man immediately declared that he was not in any way connected with security services. Because of Mr. Misabiko's insistence, he replied that he was going to "call the boys to deal with [him]" and that "this time it [would] be more serious".

Since that date, Mr. Misabiko has noticed that he is under constant surveillance at his home and wherever he goes. On 27 December 2004, Mr. Misabiko further learnt from an unofficial source that several dozens of ANR members were instructed to follow his every movement, in order to "deal with" him.

Harassment of and death threats against several defenders Katanga⁷⁷

In 2004, the members of the Meeting of Associations for the Defence of Human Rights in Katanga (Concertation des associations de défense des droits de l'Homme du Katanga – CADHOK), a platform of a dozen NGO's, including the ASADHO/Katanga, the CDH, the Evangelical Group for Non-Violence (Groupe évangélique pour la nonviolence – GANVE) and the New Union Dynamics (Nouvelle dynamique syndicale – NDS), were subjected to reprisals because of their repeated denunciations of the abusive exploitation of mineral resources by several companies in the region, in particular the Mining Company of Katanga (Société minière du Katanga – SOMIKA). Indeed, this private company is established in a zone which was declared unsuitable for building development in 2000, close to the ground water of Kimilolo, which feeds into the pumping station of the Congolese National Water Distribution Company (Régie congolaise de distribution d'eau – REGIDESO) which provides drinking water for 70% of the population of Lubumbashi.

On 4 October 2004, the GANVE published, under its own name, a press release titled Cela nous concerne tous (This affects us all), denouncing the risks of pollution at the REGIDESO pumping station. On 29 October 2004, the SOMIKA lodged a complaint for defamation before the Kenya Katuba (Lubumbashi) peace court. A hearing was scheduled for 11 January 2005.

On 2 December 2004, Mr. Jean-Pierre Muteba, secretary general of the NDS, had to be hospitalised in Lubumbashi, as a result of what the doctors diagnosed as "attempted poisoning". Mr. Muteba was transferred to Kinshasa to receive the appropriate care. He was later able to return to Lubumbashi, once he was out of danger.

In a letter dated 13 December 2004, the Deputy Minister for Mines, Mr. Cirimwami Muderhwa, ordered the SOMIKA to cease its operations at the Kimilolo site. This decision displeased the managers of the SOMIKA and the 350 employees at the works, mostly members the Association of Mining Developers and Workers of Katanga (association des Exploitants miniers et artisanaux du Katanga – EMAK), a professional association closely connected to the public authorities.

Since this date, the members of ASADHO-Katanga, CDH, GANVE and NDS have been subjected to continued harassment and serious threats.

So, in the evening of 16 December 2004, a group of men arrived at the ASADHO-Katanga headquarters. Although they assured the guard they were looking for Mr. Marc Walu, financial director of the association, they finally declared that they "would come back to look for him later", even though the guard had told them that Mr. Walu was in the office.

On 21 December 2004, five people, who held themselves out as being employees of the SOMIKA, burst into the "Maison Ekumène", a religious organisation and member of the GANVE, and threatened two Spanish voluntary workers, who had published the press releases by the CADHOK and the GANVE concerning the SOMIKA in their last newsletter.

On 23 December 2004, the ASADHO/Katanga, the GANVE and the NDS received an anonymous email threatening the members of these three organisations and their families. This email, sent from the address "First true", contained in particular the following message: "Look around you and you will understand that we are no longer going to let you act as before. We know you. What you are doing. Where you live. Where you work. When any of you goes to work. When he finishes. It doesn't take long to remove your car's wheels. It doesn't take long to blow up your office. A visit to your home can be easily arranged. Stronger measures are what you need, and if you don't wish to think of your children.... If you are reasonable, contact us at this address".

On 28 December 2004, the ASADHO/Katanga, the GANVE, the CDH and the Congolese League for the Protection of Consumers' Rights (Ligue congolaise de sauvegarde des droits des consommateurs – LISCO) published, under the name of the CADHOK, a joint press release condemning the refusal on the part of the SOMIKA to comply with the decision of the Deputy Minister, as well as the threats made against their members.

On 29 December 2004, two officials from the EMAK arrived at the workplace of Mr. Jean-Marie Kabanga, a member of the GANVE. Mr. Kaganga was able to leave without being noticed. A few hours later, the same two officials were spotted in the neighbourhood where Mr. Kabanga lives, while questioning his neighbours as to his exact address and working hours.

On 31 December 2004, the ASADHO, the GANVE, the CDH and the NDS received a second email from "First true", and worded as follows: "You don't want to be reasonable. Some of your friends have been. We know each of you, your respective boards of directors. We are telling you that something is going to happen and you run the risk of not seeing your children any more. We know your habits and what you do with your time. If you have wives and children, think about them for a last time. Final warning and those who are in charge of you will not protect you". This email also named several members of the four organisations, including: Messrs. Jean-Claude Katende and Freddy Kitoko, respectively president and vice-president of the ASADHO/Katanga, Mr. Golden Misabiko, Mr. Walu, Messrs. George Kapiaka and Thimothée Mbuyia, ASADHO/Katanga members, Messrs. Muteba, Cryspin, Kabanga and Thiya, members of the GANVE, and Mr. Grégoire Mulamba, secretary general of the CDH.

On the same day, the CDH and the NDS received another email from someone claiming to be part of a plot organised by the SOMIKA, in collusion with the EMAK. In particular this person referred to the attempted poisoning of Mr. Muteba, and sought to warn the people cited in the second email from "First true" of similar deeds.

Continued harassment of members of the Lotus Group Kisangani / Eastern Province⁷⁸

Smear campaign against the Lotus Group and threats against Mr. Dismas Kitenge Senga

On 23 September 2004, the Executive Secretary of the Congolese Liberation Movement (Mouvement de libération du Congo – MLC) held a press conference in Kinshasa, during which he affirmed that MLC members had not committed any violent acts nor had there been any human rights violations against the Pygmy communities in Ituri.

Reacting to these words, Mr. Dismas Kitenge Senga, president of the Lotus Group (Groupe Lotus), granted an interview to Radio France International (RFI) and Okapi, during which he recounted the violations committed by MLC troops against civilian populations and the Pygmy communities.

That same day, the Lotus Group received calls from MLC officers, protesting against these denunciations, before being subjected, for more than three weeks, to a vast smear campaign orchestrated by the authorities of the MLC through conferences and debates, as well as speeches on the radio.

In addition, Mr. Kitenge regularly received anonymous calls threatening him with death.

At the end of December 2004, these threats had not yet stopped.

Attack against Mr. Marc Koya Osoko – Opala

On 12 November 2004, Mr. Marc Koya Osoko, president of the Lotus Group branch in Opala, was violently beaten up y a soldier of the Armed Forces of the DRC (Forces armées de la RDC – FARDC) in Yate, 200 km from Kisangani, when he was trying to intervene in the arbitrary arrest of a villager by a group of soldiers.

Threats against Messrs. Okinani and Mambele – Opala

On 15 November 2004, the Lotus Group published, on the strength of information provided by Mr. Okinani, co-ordinator of the Lotus Group in Opala, and Mr. Mambele, social services facilitator and a member of the Opala branch, a press release condemning the acts of torture perpetrated by Mr. Akili Mali, captain of the National Police Force in Balinga Lindja (Opala territory), and the acts of harassment committed against the population by the administrative authorities. This press release was widely broadcast by the private radio stations in Kisangani.

On 4 December 2004, Messrs. Ngandi Likala and Osandu Tolenge, "community heads" (an administrative authority recognised by the national authorities) of Balinga Lindja, issued notice of an inquiry against members of the Lotus Group branch in Opala.

At the end of December 2004, Messrs. Okinani and Mambele, who had to go into hiding, were still not been able to resume their activities.

Continued threats against Mr. Willy Loyombo – Opala

On 18 November 2004, Mr. Willy Loyombo, member of the Lotus Group in Opala and president of the Non-Governmental Organisation for the Settling, Literacy and Promotion of Pygmies (Organisation nongouvernementale pour la sédentarisation, l'alphabétisation et la promotion des pygmées – ODAPY), was arrested by Mr. Akili Mali Kahindo, an MLC intelligence officer in Teturi, of Ituri province. Mr. Loyombo was speaking at the time with the Pygmies about the situation of the rights of indigenous peoples in the region, when Mr. Kahindo violently told him off, before driving him to the police station, where he was questioned at length about his activities and threatened with death.

Mr. Loyombo was released on the same day without charges.

Continued harassment of Justice Plus members – Ituri⁷⁹

The members of the association Justice Plus, based in Bunia, Ituri province, continue to be regularly harassed and threatened following the publication of their reports on the violations of human rights by the authorities, the national armed forces and the militiamen in Ituri.

Arbitrary arrest of and threats against Messrs. Christian Lukusha, Aimé Batsi, Joël Bisubu and Mrs. Odette Butsitsi – Bunia

At the end of September 2004, Justice Plus published a report on the administration of justice in Ituri, entitled Justice in Ituri : breaches of procedure are undermining proceedings.

With regard to the drafting of this report, Messrs. Joël Bisubu and Christian Lukusha, respectively training and research officers at Justice Plus in Bunia, visited the prison in Bunia on 7 and 8 August 2004, having received authorisation delivered on 7 August 2004 by the senior deputy Prosecutor.

On 28 September 2004, Messrs. Bisubu and Lukusha received a summons from the police department of Bunia, on the order of the Prosecutor of the Republic for the High Court of Bunia, ordering them to appear at the police department on 29 September 2004. The reason for the summons was not mentioned.

On 29 September 2004, as Mr. Bisubu was in Kinshasa, Mr. Lukusha turned up alone at the police department. Questioned by the chief inspector of the department, Mr. Lukusha was accused of visiting the prison without prior authorisation, and was immediately placed under provisional detention. When he was told about the situation, Mr. Aimé Batsi, a lawyer and member of Justice Plus, arrived at the Prosecutor's office to defend Mr. Lukusha. However, he too was placed in detention on the orders of the Prosecutor, who blamed him in particular for "participating in the drafting of a heinous report". Messrs. Lukusha and Batsi were transferred that same day to the detention centre of the police station in Bunia, before being released on 30 September 2004, as a result of pressure from Justice Plus and the Lotus Group.

Mr. Bisubu, on his return from Kinshasa on 1 October 2004, appeared on 4 October at the police department of Bunia, where he too was interrogated at length by a magistrate, on the orders of the Prosecutor.

On 12 October 2004, the local radio station La Voix d'Allemagne (the Voice of Germany) broadcast a programme condemning the acts of harassment against members of Justice Plus. This programme in particular stressed the association's co-operation with international organisations, and its role in documenting human rights violations for the ICC. As a result of this intervention, between 13 October and the beginning of December 2004, Mr. Bisubu received many anonymous telephone calls threatening him with death. On 16 October 2004, Miss Odette Butsitsi, an organiser for Justice Plus, also received anonymous calls threatening her with death.

On 3 November 2004, Mr. Bisubu received a new summons to appear in court on 9 November 2004. As the date of the summons did not comply with the requisite eight clear days, he asked for an extension of the summons, which was not sent to him.

Messrs. Bisubu and Lukusha were also advised that the facts for which they were blamed had been amended by the Prosecutor, who charged them, in December 2004, with "harmful involvement", a criminal offence punishable by six months' imprisonment.

At the end 2004, the proceedings were still pending.

Threats against Mr. Samy Azabho – Aru

As a result of a memorandum published on 25 October 2004 by the branch of Justice Plus in Aru, condemning the killings and human rights violations committed by the Armed Forces of the Congolese People (Forces armées du peuple congolais – FAPC) within the territory of Aru, province of Ituri, Mr. Samy Azabho, director of Justice Plus section in Aru, received several verbal death threats from FAPC members. Faced with this pressure, Mr. Azabho had to stop his activities and leave Aru into hiding.

Death threats against Miss Julie Mwanza – Bunia

Miss Julie Mwanza, assistant in the Justice Plus programme for the fight against violence towards women, gave a speech at a conference for the launch of a report by Amnesty International on the violation of women's rights, which was held at Kinshasa on 26 October 2004. In particular, Miss Mwanza stressed the continued involvement of militiamen in violence against women in Ituri. Her proposals were broadcast by the BBC and Okapi radio stations.

When she returned to Bunia, Miss Mwanza was blatantly threatened with death by several members of the militia, who told her in particular that they were going to "beat [her] to a pulp". Miss Mwanza had to leave Bunia, and has lived in hiding since then.

Threats against and harassment of human rights defenders Kivu

Continued harassment of Messrs. Omar Kavota and Kalihi Pen Munongo – Beni⁸⁰

On 19 December 2003, Messrs. Omar Kavota and Kalihi Pen Munongo, both members of the ASADHO section in Beni (North-Kivu), were arrested by the Congolese Assembly for Democracy (Rassemblement congolais pour la démocratie – RCD)/Kisangani in Mangina, for refusing to hand over to the soldiers a teenager who was a former Maï-Maï warrior. They were released on 20 December 2003, after having been subjected to cruel, inhuman and degrading treatment.

On 19 January 2004, three armed soldiers from the base of the Congolese Armed Forces, the armed branch of the RCD, in Mangina, arrived at the house of Messrs. Kavota and Pen Munongo, who were not at home at this time, with the obvious intent of arresting them again.

These threats are part of the recurring acts of harassment and threats against members of the ASADHO-Beni.

Death threats against Mr. Amato Mbunsu – Wakilale⁸¹

In August 2004, Mr. Amato Mbunsu, member of the Human Rights Observers' Committee (Comité des observateurs des droits de l'Homme – CODHO), was mandated by the association to inquire into the human rights violations committed in Wakilale, North-Kivu. From 6 to 10 September, officers of the National Congolese Army (armed branch of the RCD/Goma) arrived at his house by night on two occasions, and told him: "Staff headquarters of the National Congolese Army is aware of what you are doing here. We ask you to leave immediately, otherwise the UN will be coming to ollect your body".

On 11 September 2004, Mr. Mbunsu was forced to stop his activities and flee from Wakilale.

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[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

66. See Open Letter to the authorities of the DRC, 23 April 2004.

67. See Annual Report 2003.

68. See Annual Report 2003 and Urgent Appeal RDC 002/0404/OBS 030.

69. See Open Letter to the authorities of the DRC, 16 June 2004.

70. See Annual Report 2003 and Urgent Appeal RDC 003/0704/OBS 057.

71. See above.

72. See Urgent Appeal RDC 004/0106/OBS 049.4.

73. See Annual Report 2003.

74. See Annual Report 2003 and Urgent Appeals RDC 00/1504/OBS 025 and 025.1.

75. See Annual Report 2003.

76. See Urgent Appeal RDC 001/1204/OBS 097.

77. See Urgent Appeal RDC 001/0105/OBS 001.

78. See Annual Report 2003.

79. Idem.

80. Idem.

81. Idem.