United Nations Mission in the Democratic Republic of Congo (Kinshasa)
6 February 2008
At its weekly press conference of 6 February 2008, MONUC expressed its satisfaction to learn that the South Kivu Military Court envisaged to begin the appeal in the Serge Maheshe murder case on Wednesday 6 February 2007. Serge Maheshe, head of the Radio Okapi Bukavu office, died when two assassins opened fire at close range on 13 June 2007 in Bukavu, South Kivu.
MONUC had expressed its serious concern at the conclusion of the verdict returned by the Military Court of Bukavu on 28 August 2007, which had condemned to death four supposed civilians authors and silent partners of the act.
"MONUC recommends that all the guaranties of a right and equitable legal process are respected during the appeal procedure, and that all the pieces of evidence are exploited," specified MONUC spokesperson Kemal Saiki.
"MONUC reaffirms its willingness to supply to the legal authorities all the technical and logistical assistance necessary, within the framework of its mandate and its operational capacities," he added.
Mr. Saiki went on to quote the MONUC press release, dated 31 August 2007, where MONUC underlined "the guarantee of the United Nations for the protection of people condemned to capital punishment", approved by the Economic and Social Council in its Resolution 1984/50 of May 25, 1984, which requires that the culpability of the accused person of a crime rests on clear and convincing evidence, which leaves no room for any other interpretation of the facts.
"The judgment must be the fruit of a legal procedure offering all possible guarantees to ensure a fair trial. MONUC, while respecting the independence of the judiciary, estimated that the Bukavu military court was not able to support its opinion on the autopsy and ballistic reports."
"In fact, the Court noted that the confessions of the two principal defendants contained contradictions and that certain allegations made by them were not corroborated. The court itself even underlined that doubts remained."
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