Observatory for the Protection of Human Rights Defenders Annual Report 2006 - Democratic Republic of Congo

Repression of human rights defenders – Kinshasa

Harassment of League of Electors and its members

Threats against Mr. Paul Nsapu's relatives³¹

On January 30, 2006, three men in plain-clothes, one of whom could be identified as a security officer, came to the headquarters of the League of Electors (Ligue des électeurs – LE) in Kinshasa and asked for information about an FIDH field mission organised in eastern DRC in September and October 2004. On this occasion, the mission delegates had collected numerous testimonies of victims of human rights violations in the framework of the ongoing investigations initiated by the International Criminal Court (ICC). The three individuals threatened the staff present when they realised that Mr. Paul Nsapu, LE director, was away and promised to come back to "sort him out" and to "punish him for his activities against the Nation and the authorities".

On February 22, 2006, Mrs. Kapinga Tshiswaka, wife of Mr. Nsapu, was violently assaulted in Kinshasa by three plain-clothes individuals. As a result of a violent beating to her face, she sustained a trauma to her left eye. Her aggressors notably claimed that this attack was a direct response to her husband's "anti-patriotic activities" and further indicated they had come to "punish" her for conveying him information about the situation in the country.

On April 7, 2006, Mr. Léon Mukulu, Mr. Nsapu's brother, was approached in a street of Kinshasa by two unidentified individuals who questioned him in threatening terms about his relationship to and contacts with Mr. Nsapu. Mr. Mukulu found refuge at the headquarters of the National Observatory for Human Rights (Observatoire national des droits de l'Homme – ONDH) and the High Media Authority (Haute autorité des médias – HAM), where he stayed for several hours waiting for the two men to abandon their watch.

On September 16, 2006, Mrs. Tshiswaka was further summoned for questioning by the security services of Congo-Brazzaville, upon her arrival at the Brazzaville "Beach" from Kinshasa. Security officers accused her of being a "suspect element", obviously acting upon a description provided by the DRC intelligence services. Mrs. Tshiswaka's luggage was thoroughly searched and she was detained for several hours.

More generally, the authorities continued to orchestrate wide campaigns of denigration against the LE, clearly aimed at challenging its credibility with donors.

Smear campaign against Mr. Sabin Banza³²

In an article published on the AfricaNews website on November 9, 2006 and entitled "A plot gets foiled", the Movement for the Liberation of the Congo (Mouvement pour la libération du Congo – MLC, an opposition party founded by Mr. Jean-Pierre Bemba, a candidate in the presidential election) accused "a dozen of activists, all affiliated to FIDH", to have "devised a machination" to bring about Mr. Bemba's "political death". Among the defenders mentioned were in particular Mr. Sabin Banza, LE vice-chairman, and Mr. Amigo Ngonde, director of the African Association for the Defence of Human Rights (Association africaine de défense des droits de l'Homme – ASADHO).

This article was published shortly after FIDH had issued an international fact-finding mission report, on October 12, 2006. This report, entitled Forgotten and stigmatised: the double punishment of the victims of international crimes, focused on the problem of impunity in the Central African Republic, and underlined Mr. Bemba's active role in the war crimes perpetrated in the CAR between 2002 and 2003.

Continued harassment of JED members³³

In February 2006, Messrs. Donat Mbaya Tshimanga, Tshivis Tshivuadi and Charles Mushizi, president, secretary general and legal adviser respectively of Journalists in Danger (Journalistes en Danger – JED), received multiple anonymous phone calls threatening and accusing them of "serving the opposition's interests", "gambling with peoples' honour" and "making unfounded statements".

These threats followed the publication, in the February 7, 2006 edition of Le Soft newspaper, of an article summarizing JED's investigation into the assassination of Mr. Franck Ngyke Kangundu, a journalist who was murdered along with his wife, Mrs. Hélène Mpaka, on the night of November 2 to 3, 2006. The final findings of this inquiry disclosed the presumed responsibility of several people close to the government and high-ranking officials. Mr. Liyolo Limbe Pwanga, who was incriminated in the article, publicly threatened Messrs. Mbaya Tshimanga and Tshivuadi and stated that both JED leaders had become his "enemies to death" and that he would not "let them do". Mr. Kakule, a former colleague of Mr. Ngyke, also suspected to be involved in his murder, sent a letter forcefully accusing the two journalists of "intellectual dishonesty" and announcing his intention to bring charges against them. As of the end of 2006 however, no proceedings were reported to have been initiated by Mr. Kakule.

In addition, on February 10, 2006, witnesses warned JED members that their premises were being watched several hours a day by a group of police officers stationed closeby.

Owing to these threats and accusations, Messrs. Mbaya Tshimanga and Tshivuadi were forced into hiding for about a month for fear for their safety.

On February 16, 2006, following the official release of the JED report on the assassination of Mr. Ngyke and Mrs. Mpaka, a police officer came to the organisation's office looking for Mr. Tshisvuadi, who was away at the time. The officer then left a summons signed by the deputy general inspector and head of the Operations Department Mr. Elias Tshibangu, "inviting" JED secretary general to report to the headquarters of the Intelligence and Special Services Department (Direction des renseignements généraux et services spéciaux – DRGS). Mr. Tshisvuadi, who was in hiding at the time, decided not to respond to this summons for fear of being arrested.

The two JED leaders could eventually resume their activities on March 9, 2006 after they met with the President of the Republic Mr. Joseph Kabila.

However, Mr. Mbaya was summoned on three different occasions in March 2006, once before the Military Audit Department of the Matate garrison and twice before the Public Prosecutor.

In addition, Messrs. Mbaya and Tshisvuadi received another summons from the Prosecutor of the Kinshasa/Gombe Court of Appeal on July 11, 2006, ordering them to "appear this day before the criminal investigation inspector to answer facts that [would] be disclosed on the spot". The two men did not respond in person but sent their lawyer who was then told that their presence was necessary. However, this summons was never reissued.

Lastly, the complaint filed by JED in December 2005 following threats against its members was not investigated during 2006. The association merely received, on September 21, 2006, the copy of a letter addressed by the Attorney-General, Mr. Tshimanga Mukeba, to the Prosecutor of the Kinshasa/Gombe Court of Appeal, asking him for details about the "ongoing" investigation into the complaint.

Threats against CODHO members³⁴

On March 3, 2006, the headquarters of the Committee of Human Rights Observers (Comité des observateurs des droits de l'Homme – CODHO) received a phone call from a person claiming to be a member of the security services of the President of the Republic, who threatened the organisation if it did not cease its activities. He explicitly referred to several court cases on which CODHO was working, in particular one involving a former female assistant to President Laurent Désiré Kabila. The man added that the security services would close down CODHO offices and arrest its members if they carried on their work.

On October 31, 2006, eight armed members of the rapid intervention police squad (Police d'intervention rapide – PIR) raided the CODHO premises where Mr. N'Sii Luanda and Ms. Mbula Wilimo, the president and a member of the association respectively, were finalising a report on the demonstration organised earlier that day by supporters of Mr. Jean-Pierre Bemba, as well as a preliminary report on the presidential and provincial elections held on October 29, 2006.

When questioned by Mr. N'Sii Luanda about the motive for their visit, one of the police officers answered: "We are here on an operation, you have nothing to say or ask about it and you should just leave". As Mr. N'Sii Luanda insisted and asked them if they knew that they were invading the office of a human rights NGO, they replied in these terms: "We know that perfectly well and that is the exact reason why we're here; now get out or you'll experience the worst; you people are always like that, pretending you know nothing about what you're doing or what's going on".

When Mr. N'Sii Luanda and Ms. Wilimo subsequently left the office, they observed that three PIR vehicles without licence plates surrounded the building. Mr. N'Sii Luanda refused to follow the officers when they failed to present a warrant and was then forcibly taken to one of the cars on the order of the squad commander. Ms. Wilimo and Mr. N'Sii Luanda were released after the officers searched his pockets and stole 80 US$ (62 euros).

The squad members told them that they would come back and warned that CODHO activities and publications were being closely watched, as was every move of its members.

CODHO filed a complaint against persons unknown with the general auditor of the DRC Armed Forces (Forces armées de RDC – FARDC) on November 27, 2006 and referred the case to the Minister for Home Affairs and Security, Mr. Kalume Numbi.

Continued harassment of ONDH members

Attack against Mr. Michel-Innocent Mpinga Tshibasu³⁵

On the night of June 13 to 14, 2006, a group of hooded men wearing military uniforms attempted to attack the home of Mr. Michel-Innocent Mpinga Tshibasu, a lawyer, former president of the Mbuji-Mayi Bar and chairman of the National Observatory for Human Rights (Observatoire national des droits de l'Homme – ONDH), in the Ngaliema commune of Kinshasa. One of the assailants was caught climbing over the wall of the residence by a police officer in charge of Mr. Mpinga Tshibasu's protection, who then fired at him. Another officer, who was guarding the front door of the house, was shot at by attackers hidden in the street opposite the building. Soldiers and police officers guarding other houses in the vicinity finally rushed as backup and managed to set the assailants on flight.

Harassment and threats against Mr. Jean-Marie Kadima Kande and his family³⁶

On June 10, 2006, Mr. Jean-Marie Kadima Kande, a lawyer and ONDH technical adviser working closely with the LE, received an anonymous phone call from a person introducing himself as an MLC member, who threatened him with retaliation for his "lies and harassment" against Mr. Bemba. Mr. Kadima had just returned from a trip to Gabon and Europe where he had taken part in several conferences. On this occasion, he had addressed the Belgian Parliament underlining the increasing insecurity faced by human rights defenders in the DRC and urging the country's authorities to ratify the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights.

On July 27, 2006, the building hosting ONDH premises was attacked, ransacked and burnt down by MLC supporters. Most of the association's documents were destroyed in this attack, including a number relating to judicial proceedings supervised by ONDH and Mr. Kadima against suspected perpetrators of grave human rights violations, including Mr. Joseph Kabila, Mr. Jean-Pierre Bemba and several other high-ranking officers of the Republican Guard.

On August 1, 2006, Mr. Kadima received another phone call from Mr. Mbonzi, head of a militia close to the MLC, who threatened and warned him that "this was now a personal war and that [Mr. Kadima] should be prepared for anything to happen to him". The day before, Messrs. Kadima and Mpinga Thsibasu had filed several complaints against the MLC and its leaders that had been widely covered by the national media.

On September 5, 2006, while at the court house with two other ONDH colleagues, Mr. Kadima was further threatened by an MLC-affiliated lawyer who told him that the MLC now "had its eye on [him]" and that "the worst would come at the least expected moment".

On the night of September 28 to 29, 2006, four armed men broke into his home and aggressively demanded to see him. As Mr. Kadima was away at the time, the four assailants gathered his wife and four children in one room and threatened to kill them all if he did not put an end to his "provocations" against officials of the Republican Guard.

They added that they would "seriously take care of [Mr. Kadima]" and that they would "eventually get to [him]". These threats and attack seriously shook Mr. Kadima's children, and his three-month pregnant wife sustained a miscarriage in the following hours.

Lastly, Mr. Kadima gave an interview to several radio and television channels on October 3, 2006, after four victims of arbitrary detention and acts of torture who had previously informed ONDH about their situation testified before court. The next day, Mr. Kadima's vehicle was followed by six military men driving a jeep. After a while, the jeep drove past Mr. Kadima's car and barred the road as its occupants jumped off trying to block his way out. Mr. Kadima managed to escape and seek refuge at a friend's house nearby.

Due to these repeated threats and attacks, Mr. Kadima went into hiding and subsequently fled the country in late October 2006.

Continued harassment of VSV members³⁷

After the Voice of the Voiceless (Voix des sans-voix – VSV) published a poster entitled "Elections in the DRC: More martyrs and victims for democracy" on July 18, 2006, the members of the association were continuously watched and followed by police and security services for several weeks.

On July 21 and 24, 2006, elements of the National Intelligence Agency (Agence nationale de renseignements – ANR) remained posted all day in front of VSV headquarters and noted every move of the organisation's members and visitors.

On July 22, 2006, an agent of the national police special services visited VSV office and pretended to be the brother of a victim. This person produced a letter regarding a supposed case of "disappearance" but was unable to precise either the name of the victim or the circumstances of his disappearance. On the same day, Ms. Pétronille Kamba, VSV secretary, was followed from the Kintambo neighbourhood to her home, most probably by a member of the security forces who tried to obtain her address as well as information about VSV and its programme officers.

On July 26, 2006, VSV decided to close down its office following another wave of intimidation against its members, most particularly against Messrs. Floribert Chebeya Bahizire, its chairman, and Dolly Ifebo Mbunga, vice-president, who were forced into hiding on the same day.

On July 28, 2006, Mr. Willy Tukayendji, a consultant for the VSV psycho-medical assistance programme for elderly people, was questioned by officers of the ground forces at his workplace, at the medical centre of the Kokolo miltary camp. The soldiers asked him about the information sources and "advisability" of an interview given by Mr. Floribert Chebeya earlier that day. In this interview broadcast by the Canal Kin and Congo Canal Télévision – TV stations, Mr. Chebeya had once again raised questions about the assassination and the family ties of former President Laurent Désiré Kabila and the true identity of the President of the Republic Mr. Joseph Kabila. He also shared his concerns about the ongoing violence in the eastern part of the country.

On the night of July 28 to 29, 2006, two armed men in plain clothes aggressively knocked at the door of Mr. Tukayendji's house for several hours as he refused to answer the door. A few days before, on July 25, Mr. Tukayendji had been followed by two men in Kintambo.

VSV headquarters remained closed from July 26 to August 2, 2006 and most of its members, including Messrs. Chebeya and Ifebo, were forced into hiding for over a month.

By the end of 2006, the association was able to resume its activities normally.

Repression of human rights defenders – Katanga

Harassment and threats against ACIDH and its members³⁸

On March 18, 2006, the Union of Nationalist Federalists of Congo (Union nationale des fédéralistes du Congo – UNAFEC), a party close to the government and led by the Minister of Justice, issued a press release accusing the Lubumbashi-based NGO Action Against Impunity and for Human Rights (Action contre l'impunité pour les droits humains – ACIDH) of "inciting ethnic hatred".

This UNAFEC press release was most likely a response to a statement published by ACIDH on March 11, 2006 and urging the population not to vote for suspected perpetrators of human rights abuses running for the presidential election.

On March 24, 2006, ACIDH sent a letter to the UN Special Representative for the DRC expressing its concern about the establishment of new militias by political parties in Katanga. This letter was copied to the Congolese authorities and the members of the International Committee in Support of the Transition (Comité international d'accompagnement de la transition – CIAT).

On March 31, 2006, Kinu Nkonga Batwi, a pro-governmental association, issued a press release strongly libelling Mr. Hubert Tshiswaka Masoka, ACIDH director, who also received an anonymous phone call threatening him with death later that evening.

On April 3, 2006, ACIDH addressed the office of the Public Prosecutor in Lubumbashi, as well as national and regional authorities, MONUC and several leaders of foundations, urging for the adoption of protective measures for Mr. Tshiswaka.

On April 7, Kinu Nkonga Batwi released another statement claiming that Mr. Tshiswaka had murdered a member of the Mulubakat ethnic group, an accusation immediately denied by ACIDH. The UNAFEC youth wing ( JUNAFEC) responded to ACIDH denial on April 11, 2006 by describing Mr. Tshiswaka as an "agitator" and a "mere tribalist". Le Lushois, a weekly newspaper run by the UNAFEC deputy secretary general, published two articles in its April 6 edition, accusing Mr. Tshiswaka of "inciting ethnic hatred in Katanga" in an attempt to "sabotage the elections".

Mr. Tshiswaka went into hiding following these repeated threats and acts of harassment. As of the end of 2006, he had not yet been able to publicly resume his activities.

Arbitrary arrest and judicial proceedings against Mr. Roger Onger Labugu³⁹

On December 9, 2006, Mr. Roger Onger Labugu, ACIDH programme manager for civil and political rights, was arrested by members of the Lubumbashi University president's militia. At the time of his arrest, Mr. Onger Labugu was near the university campus distributing an ACIDH press release protesting against the decision of the president of the University to rehouse students in tents and garages⁴⁰ and denouncing the increasingly respressive measures taken against the students and teachers opposing these moves.

Mr. Onger Labugu was charged with "breach of the peace" and "incitement to rebellion" and released a few hours later.

As of the end of 2006, these charges remained pending.

Continued harassment of ASADHO/Katanga

Death threats against Messrs. Jean-Claude Katende and Jean-Pierre Mutemba⁴¹

On April 19, 2006, the Network for Natural Resources (Réseau Ressources naturelles – RRN) organised a workshop in Lubumbashi on "The role of the media and civil society in the exploitation of natural resources in the DRC". In its concluding statement, RNN denounced the poor management of natural resources by the Congolese government and the authorities' corrupt practices, in particular the allocation of a number of unfair contracts.

Following this statement, Mr. Jean-Claude Katende, director of the Katanga section of the African Association for the Defence of Human Rights (ASADHO), and Mr. Jean-Pierre Mutemba, secretary general of the New Labour Dynamics (Nouvelle dynamique syndicale – NDS), both RNN-affiliated organisations, were anonymously threatened with death if they did not stop addressing the issue of the management of natural resources in public.

Furthermore, several prominent members of the ruling People's Party for Reconstruction and Democracy (Parti du peuple pour la reconstruction et la démocratie – PPRD), some of whom had been incriminated during the RNN workshop, gave a press conference accusing RNN members of "working in the pay of international NGOs striving to prejudice the interests of the ruling power". These statements were broadcast by the Mwangaza television channel.

On May 3, 2006, Mr. Ngandu Djemo, Governor of the Katanga Province, warned Mr. Mutemba that he would "lose his life" if he continued to lobby the authorities for a more transparent management of natural resources in the country.

Death threats against Mr. Timothée Mbuya⁴²

In July 2006, Mr. Timothée Mbuya, head of the ASADHO/ Katanga publications department, was repeatedly threatened with death by members of the ANR after the NGO Global Witness launched its report entitled Digging in corruption, in Lubumbashi.

Mr. Mbuya was accused of having conveyed information to Global Witness and of having facilitated the organisation of the press conference launching the report.

Harassment against Mr. Golden Misabiko⁴³

Mr. Golden Misabiko, honorary president of ASADHO/Katanga, was forced into hiding in early November 2006 following serious and credible threats. Mr. Misabiko was targeted after addressing a letter to the President of the Republic Mr. Joseph Kabila on October 20, 2006, in which he accused him of numerous human rights violations, including massacres and crimes against humanity, and scathingly criticised his person. Beyond the content and the formulation of this letter⁴⁴, the Observatory underlines that Mr. Misabiko has been repeatedly threatened, harassed and arrested -in particular in June 2005- by the authorities in the past few years.

As of the end of 2006, he was still actively wanted by the ANR services and remained in hiding.

Repression of human rights defenders – Oriental Province

Continued harassment of the Lotus Group

Poisoning attempt and threats against Mr. Dismas Kitenge Senga⁴⁵

On March 9, 2006, Mr. Dismas Kitenge Senga, president of the Lotus Group (Groupe Lotus), a human rights NGO based in Kisangani, started vomiting blood in addition to having a high temperature, three days after he had dinner with several dissidents of a former rebel party in a restaurant in Kisangani. During this dinner, Mr. Kitenge had collected the testimonies of these persons who were to explain their reasons for leaving the party and to report aggressions and threats by their superiors. He was treated in the teaching hospital of Kisangani for aggravated food poisoning resulting from the ingestion of a local poison known as "karuho", occasioning a severe infection of his alimentary canal. Although Mr. Kitenge received intensive care in several hospitals in the country and abroad, his general health condition remained delicate by the end of 2006.

He subsequently pressed charges against one or several unknown persons, which had not been examined by the criminal investigation police by the end of 2006.

Besides, Mr. Kitenge was repeatedly threatened and harassed in October and November 2006 by PPRD members and officials who accused him of pursuing a political agenda, supporting the opposition and being an "opponent to the Head of State".

Shortly before its chairman was targeted, the Lotus Group had convened a press conference on "The electoral process and the campaign for the run-off presidential election: assessment and prospects" on the occasion of the launching of an FIDH mission report entitled An electoral process under strain in the DRC⁴⁶. During this press conference organised at the association's headquarters on the eve of the ballot, Mr. Kitenge had denounced the human rights violations committed in the country, the impunity of State representatives suspected of these abuses as well as the illicit exploitation of the DRC natural resources. He had also deplored that the presidential campaign had been flawed by personal attacks between Mr. Joseph Kabila and Mr. Jean-Pierre Bemba.

The press conference was widely covered by local and national media, whilst Mr. Kitenge gave additional interviews regarding the general human rights situation and the electoral process.

Following these statements, Mr. Kitenge received several anonymous phone calls by PPRD members accusing him of supporting Mr. Bemba and threatening him with "reprisals" if Mr. Kabila was re-elected.

On October 29, 2006, as the second round of the presidential ballot was held, Mr. Kitenge's sister and brothers were also threatened by PPRD supporters in Kisangani.

In addition, Mr. Kitenge was contacted by a PPRD official in Kisangani in early November 2006. This person informed him of the "discontent" of the Chief of the DRC armed forces and of the Ministry of the Interior following the broadcasting of his statements during the abovementioned press conference. One of his close friends working for a Lotus Group partner human rights association was arrested by the ANR on November 8, 2006. He was then questioned at length about his relationship with Mr. Kitenge and ordered to cease his activities before being released without charge a few hours later.

The Lotus Group issued a press release naming the threats faced by Mr. Kitenge, who also denounced his situation in an interview with Radio Okapi, on November 15, 2006. On November 18 and 19, 2006, Mr. Dieudonné Mata, executive secretary of the PPRD provincial section, responded in a interview that Mr. Kitenge "[was] not a human rights activist" but rather "an opponent to the President of the Republic and its movement", and further accused him of "taking political sides". This interview was widely broadcast by Radio Okapi.

Intimidation and threats against Mr. Gilbert Kalinde⁴⁷

On the night of March 23, 2006, the home of Mr. Gilbert Kalinde, an executive member of the Lotus Group, was attacked by four armed individuals who forced open the front door of the house. The four men, who could not be identified, declared that they had come to "trash" him. Mr. Kalinde managed to escape the house unnoticed and took refuge at his neighbours' place.

During the night of June 20, 2006, five armed men again came to his home. In Mr. Kalinde's absence, they robbed all of the valuable goods and threatened his family that they would kill him if he did not put an end to his human rights activities.

Lastly, Mr. Kalinde was interviewed by the BBC on October 26, 2006 and gave his assessment of the political situation in the country before the elections. In this interview, which was broadcast by BBC Radio 4 and which was also available on the BBC website from November 6 to 11, he notably denounced the involvement of Rwanda, Uganda and some Congolese politicians in the ongoing arms trafficking in the DRC.

On November 13, 2006, a group of individuals stepped out of an unregistered vehicle in Mr. Kalinde's neighbourhood and told the inhabitants that they were looking for a "mister human rights" who "had insulted them". Mr. Kalinde, who was in the street nearby, managed to escape unseen.

Continued harassment of OSAPY and its members⁴⁸

Threats against Mr. Willy Loyombo

From February 20 to 27, 2006, Mr. Willy Loyombo, a member of the Lotus Group in Opala and president of the Kisangani-based Non-Governmental Organisation for the Settling, Literacy and Promotion of Pygmies (Organisation non gouvernementale pour la sédentarisation, l'alphabétisation et la promotion des Pygmées – OSAPY), received anonymous phone calls threatening him on three separate occasions. The callers urged him to cease his activities and denunciations of the lack of implementation by the World Bank of its Safeguard policies and its Operational policies on indigenous people. Mr. Loyombo was one of the thirteen signatories of a complaint filed on November 19, 2005 with the Bank's Inspection Panel. This complaint was registered on December 2, 2005 by the Panel, which then mandated an eligibility assessment mission to the DRC in January 2006.

On February 28, 2006, Mr. Willy Loyombo was summoned by intelligence officers while on a mission in Opala (260 km away from Kisangani) along with two representatives of Greenpeace-Belgium. The security services notably accused him of stirring up a "conspiracy against the Congolese government".

In March 2006, after the World Bank's Inspection Panel released its eligibility report stating the admissibility of the complaint filed in November 2005, Mr. Loyombo received several anonymous phone calls threatening him with death. In addition, on March 5, 2006, Mr. Marcel Roger Lokwa, leader of the Yawende-Loolo community, held a press conference in Lieke Lesole (in the Opala territory), during which he described Mr. Loyombo as "a pervert" and incited the population to kill him the next time he was seen around.

Mr. Loyombo received threatening phone calls again in late September and early October 2006 after he participated in a press conference convened in Kisangani on September 29, 2006. During this conference, which was given wide media coverage, Mr. Loyombo assessed the conclusions of the Regional Sensitization Seminar on the Rights of Indigenous Populations/Communities in Central Africa, held in Yaoundé (Cameroon) from September 13 to 16, 2006. He specifically denounced the plundering of the country's forest resources and the violations of the customary and traditional rights of the indigenous peoples or communities settled close to forestry operations.

As a result of these threats, Mr. Loyombo was still unable to travel through the region for fear for his safety by the end of 2006 and was thus seriously impeded in informing local communities about the provisions of the new forest legislation, retrocession of taxes and their customary rights.

Threats against Messrs. Richard Lokoka and Paulin Polepole

On August 5, 2006, Mr. Richard Lokoka, an OSAPY member, and Mr. Paulin Polepole, a trainee lawyer at the Kisangani Bar and an RNN member, were both threatened by members of the national police of Isangi while on an investigation mission in Yafunga (170 km away from Kisangani, in the Isangi territory) to assess the environmental impact of industrial timber exploitation in the region.

The police notably accused them of inciting the population to demonstrate against the timber company SAFBOIS, located in the region, before expelling them from the Yafunga on a SAFBOIS vehicle.

Ongoing harassment of ANMDH members⁴⁹

On October 7, 2006, a group of armed police officers arrested Mr. Eddy Twafiki, deputy coordinator of the branch of the Nelson Mandela Association for the Defence of Human Rights (Association des Amis de Nelson Mandela pour la défense des droits de l'Homme – ANMDH) in Osio, near Kisangani.

The day before, Mr. Twafiki had interceded on behalf of four young men who had been arbitrarily arrested and ill-treated by a group of drunk police officers. Mr. Twafiki was placed in detention at the Osio police station.

Messrs. Alfred Shishi, Sousto Lokwa and John Lokangu, three members of the ANMDH branch in Osio who came to the police station to enquire about their colleague's situation, were also placed in custody a few hours later.

All four were accused of "incitement to revolt" and transferred to the Kisangani police detention centre on the same day.

Messrs. Twafiki, Shishi, Lokwa and Lokangu were released on bail on October 17, 2006 after ANMDH paid 15 euros in bail each.

As of the end of 2006, the charges remained pending.

Repression of human rights defenders – Ituri

Continued harassment of Justice Plus members⁵⁰

In 2006, members of Justice Plus, a human rights association based in Bunia, faced increased acts of harassment and retaliation.

Judicial proceedings against Messrs. Joël Bisubu, Christian Lukusha and Aimé Magbo

On October 16, 2006, the preliminary hearing of the appeal filed in December 2005 by Mr. Joël Bisubu, Justice Plus deputy director, Mr. Christian Lukusha, legal adviser, and Mr. Aimé Magbo, a Justice Plus member, was held in Bunia before the roaming chamber of the Kisangani Court of Appeal.

On December 6, 2005, Messrs. Bisubu, Magbo and Lukusha were convicted by the Bunia Court of First Instance and fined in lieu of a six-month custodial sentence, and sentenced to an additional six-month imprisonment term if they failed to pay for the trial expenses. All three had been indicted for "defamatory statements" in December 2004 following the release of a Justice Plus report.

No further date for the hearing had been set by the end of 2006.

Serious threats against Justice Plus leaders

On October 3, 2006, Justice Plus issued a press release denouncing the disappearance, in August and September 2006, of over thirty internally displaced persons (IDP) living in the Gety IDP camp, including women and children. In particular, Justice Plus underlined the possible involvement of the FARDC first integrated squad in these events.

On November 23, 2006, a series of missions organised jointly by the United Nations Mission in the DRC (Mission de l'Organisation des Nations unies en RDC – MONUC), the Military Audit Commission and civil society led to the exhumation of about thirty bodies buried in several common graves, a couple of miles away from the Bhavi FARDC military camp, near Gety. Several soldiers and officers were subsequently arrested.

Since then, Justice Plus members received repeated phone calls threatening them with death, and accusing the organisation of having fostered the arrests of the FARDC elements. In addition, Mr. Joël Bisubu was approached on November 8, 2006 by FARDC members who declared: "Keep on following the roads leading to Gety, but remember that this is a military operations zone; (...) Let Justice Plus behave that way, yet be ready to take responsibility for it".

Additionally, in November 2006, during the hearing for the confirmation of the charges pending against Mr. Thomas Lubanga Dyilo⁵¹ before the International Criminal Court (ICC) in The Hague (Netherlands), the defence denounced the "justice of NGOs" in its conclusions and namely accused Justice Plus and its executive director, Mr. Honoré Musoko, of conveying erroneous information to the prosecution.

Ever since, Justice Plus members have regularly been publicly insulted or threatened by UPC supporters who blame the association for Mr. Lubanga's indictment. On November 10, 2006 for instance, Mr. Godefroid Mpiana, Justice Plus executive secretary, received anonymous phone calls warning him that he would "also catch some if [he kept] on accusing Mr. Lubanga".

In addition, Mr. Joël Bisubu received nine anonymous phone calls on December 19, 2006 alone, upon his return from the ICC 5th session of the Assembly of States Parties, which was held in The Hague from November 23 to December 1, 2006. The person calling notably asserted: "We are militiamen and we have already killed people; we know that you were in the Netherlands lately and that you brought them further evidence to accuse Lubanga. You will remain mere dung here in Ituri".

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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.]

31. Idem.

32. See Urgent Appeal COD 006/1106/OBS 138.

33. See Annual Report 2005 and Urgent Appeal RDC 008/1205/OBS 128.1.

34. See Annual Report 2005 and Urgent Appeals COD 001/0306/OBS 024 and 024.1.

35. See Urgent Appeal COD 004/0606/OBS 072.

36. See ONDH.

37. See Annual Report 2005 and Urgent Appeal COD 005/0806/OBS 092.

38. See Annual Report 2005 and Urgent Appeal COD 002/0406/OBS 055.

39. See ACIDH.

40. In the end of 2006, the President of the University decided to remedy the overcrowding of the campus by rehousing several hundreds of students living on the campus in tents and garages, whereas renovation work of several buildings has been under way for over two years.

41. See Urgent Appeal COD 003/0506/OBS 057.

42. See ASADHO/Katanga.

43. See Annual Report 2005.

44. Mr. Misabiko stated, inter alia, that the identity of the President of Republic was "a lie", that he "killed Laurent Desiré Kabila" as well as "Major Masasu Nindaga Antelme". He further accused Joseph Kabila of "selling uranium to Iran and North Korea" and of "being a cocaine-addict".

45. See Annual Report 2005 and Urgent Appeal COD 006/1106/OBS 138.

46. FIDH mandated an information mission to Kinshasa from September 21 to 28, 2006 in order to assess the general human rights situation in the country at the end of the political transition process that started in 2003 and in the context of the run-off presidential election of October 29, 2006.

47. See Annual Report 2005.

48. Idem.

49. See Lotus Group and ANMDH.

50. See Annual Report 2005.

51. Mr. Lubanga Dyilo, former leader of the Union of Congolese Patriots (Union des patriotes congolais – UPC), was arrested on March 15, 2005 in the DRC and is accused under the Rome Statute of enlisting, conscripting and using children as soldiers in the conflict in Ituri. As a result of the investigation opened by the ICC Prosecutor in June/July 2004, an arrest warrant was issued against Mr. Lubanga on February 10, 2006. He was transferred to the Scheveningen detention centre in The Hague (Netherlands) on March 17, 2006 and appeared before the Court for the first time on March 20, 2006. The confirmation of charges hearing was held in The Hague from November 9 to 28, 2006.