allAfrica.com: Congo-Kinshasa: Monthly Human Rights Assessment

Summary: The UN Independent Expert on the human rights situation in the DRC concluded an eight-day official visit to the country; FARDC and PNC elements were allegedly responsible for at least 7 arbitrary executions of civilians as well as several violations of the right to physical integrity, including 12 cases of rape of minors; The UNHRO organized/participated in activities held throughout the DRC to commemorate Human Rights Day; In Katanga Province, the "Gédéon" trial continued before the Kipushi Military Tribunal and the Kilwa massacre appeal trial commenced before the High Military Court in Lubumbashi; 30 inmates escaped from the Kalemie Central Prison, in northern Katanga.

Main developments

1. On 6 December 2007, the UN Independent Expert on the human rights situation in the DRC, Mr. Titinga Pacéré, concluded an eight-day visit to the country. During his stay in Kinshasa, he met with the Presidents of the National Assembly and the Senate, the Presiding Judges of the Supreme Court and the High Military Court, Government Ministers, including the newly appointed Minister of Justice and Human Rights, the Minister of Humanitarian Affairs, the Vice-Minister of Foreign Affairs, the diplomatic corps, MONUC, members of the Synergy against Sexual Violence, representatives of human rights NGOs and the civil society.

Mr. Titinga also carried out a three-day visit to Bukavu, the capital of South Kivu Province where he met with the Governor and other senior provincial authorities, the international community as well representatives of civil society. The Independent Expert called on all governmental, legislative and judicial authorities to commit themselves to preventing and combating the scourge of sexual violence and impunity. He is expected to present a report on the human rights situation in the DRC during the March 2008 session of the Human Rights Council in Geneva.

2. On 6 December 2007, the Kilwa massacre appeal trial commenced before the High Military Court conducting on-site hearings in Lubumbashi, Katanga Province. The two main accused, FARDC Colonel Adémar and Captain Sadiaka, appeared before the Court assisted by three defense lawyers. Neither of the other accused persons who were sentenced in absentia at the first instance trial, nor the two foreign employees of the multinational company Anvil Mining Company, appeared in court. The Anvil mining employees were represented by their lawyers who declared that their clients had already been acquitted and did not understand why they had been summoned.

In his response, the Prosecutor indicated that he had filed an appeal against the first degree verdict, and recalled that all parties must appear in court, in compliance with the Congolese Criminal Procedure Code. At a subsequent hearing, the lawyers for Anvil Mining argued that the appeal introduced by the Prosecutor was not general but was limited to the verdict pronounced in relation to crimes committed in Pweto by Col. Adémar and Captain Sadiaka. On 21 December, the Court turned down an appeal introduced by counsel on behalf of 144 victims ruling that the appeal introduced by the Prosecutor was not global but limited only to the life sentence that was handed down on the two main accused for voluntary homicide committed in Pweto. The Court also ruled that the cause for which the victims were claiming compensation had already ended with the acquittal of Anvil Mining and that the lawyers had not obtained proper powers of attorney from the victims, in accordance with the law.

3. On 4 December 2007, the Gédéon trial continued before the Kipushi Military Court. Gédéon's bodyguards testified during the day's hearing. Ten co-defendants appeared for the first time, including five charged with homicide praeter intentionnel (inflicting wounds and blows without the intention to kill) in connection with the death of a civilian in Mitwaba on 27 October 2007. A social worker informed the tribunal that 193 children who were formerly associated with Gédéon's armed group had undergone the DDR process at the Transit Centre in Mitwaba.

A long debate over the age of one of Gédéon's co-defendants who was registered as a minor in 2006 when Gédéon's forces surrendered to MONUC raised the issue of the ratione personae competence of the Tribunal to hear minors. On 11 December 2007, the Tribunal rejected the motion that was filed at the previous challenging its ratione personae competence to try a minor, stating that the objection should have been made before the commencement of the in-depth examination of evidence in the case. During the day's hearing, one of Gédéon's main co-defendants claimed to have been a member of Gédéon's armed group but had not met him before arriving in Kipushi. He confirmed Gédéon's alleged control over all the Mayi Mayi Brigades in the area and his practice of ordering his men to collect all the weapons captured from the FARDC. The trial was adjourned to 8 January 2008.

4. On 10 December 2007 the UNHRO participated in several activities that were held throughout the DRC to commemorate Human Rights Day. The activities organized in the provinces included forums, round-table discussions, debates, workshops, public marches and motorcades and involved the presence of human rights NGOs, local authorities, the members of Provincial Assemblies, MONUC and UN Agencies. In Kinshasa, the celebrations were held in conjunction with the Ministry of Justice and Human Rights under the high patronage of Prime Minister Antoine Gizenga.

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