United Nations Mission in the Democratic Republic of Congo (Kinshasa)
3 March 2008
Summary: At least 30 civilians were allegedly killed by CNDP elements in the vicinity of Kalonge, Masisi Territory, North-Kivu Province, between 16 and 20 January 2008;In Kinshasa, Ms Aimée Kabila Mulengela, Laurent Desiré Kabila's daughter was shot dead by two men-one wearing military uniform- at her residence; The Gédéon trial resumed before the Kipushi Military Tribunal, Katanga Province; In Bas-Congo, incidents between BDK members and PNC officers resulted in the death of six civilians and more than thirty injured; FARDC and PNC elements were responsible for a large number of violations of the rights to life and physical integrity, including rape.
Main developments
1. Concordant information indicates that on 16 and 17 January 2008, in the vicinity of Kalonge, at least 30 persons were killed in several incidents by CNDP elements using firearms, machetes and hammers. The killings were planned and civilians were deliberately targeted. Based on testimony gathered so far, the likely motive for the killings is the fact that the victims had left a CNDP-held area to seek refuge in an area controlled by PARECO (Patriotes Résistants Congolais).
2. The United Nations Human Rights Office in the DRC (UNHRO) has conducted investigations into allegations of serious human rights violations committed by soldiers of the FARDC 13th Integrated Brigade following recent operations against dissident FRPI militiamen in Kamatsi, Territory of Irumu in Ituri. During a visit to Kagaba on 31 January 2008, UNHRO/Bunia confirmed six cases of enforced disappearance and one case of arbitrary execution.
The team also received reports of two cases of arbitrary execution (one of which allegedly involved the killing of five civilians) and a case of attempted arbitrary execution. The UNHRO encouraged the Office of the Military Prosecutor to conduct a formal judicial investigation.
3. Since December 2007, 79 detainees, including 31 children, have been transferred from Goma to the CPRK (Centre Pénitentiaire de Rééducation de Kinshasa). They were interrogated at the Military Intelligence HQ in Kinshasa. Most of these detainees are accused of spying, treason and fleeing before the enemy during battle.
In line with this case, on 29 January 2008, the UNHRO met with the FARDC Chief of Staff of Military Intelligence (ex-DEMIAP) in Kinshasa to discuss the detention and legal conditions of the 79 detainees and find a solution to their situation within the context of the Acte d'Engagement that was signed on 23 January 2008 at the end of the Goma Peace Conference. As there were discrepancies in the number of minors and civilians in the group, it was decided that a subsequent meeting would be held to determine their exact numbers in order to facilitate their eventual release.
4. In Katanga, on 15 January 2008, the Gédéon trial resumed before the Kipushi Military Tribunal. Ten victims from Mitwaba testified before the Tribunal. A new accused, who was implicated in the murder of the Dilenge traditional ruler, also appeared in court. On 29 January 2008, the Court heard the testimony of a man who claimed to have been abducted in 2005 by two of Gédéon's co-defendants.
He stated that during his abduction and forced recruitment into the Mayi Mayi group, he had witnessed a number of atrocities, including arbitrary executions, mutilation of corpses and cannibalism perpetrated by militiamen acting on the orders of the two men. In response, the two categorically denied any implication in those atrocities and claimed that the witness was indeed their commander.
The statements made by twelve victims at the previous hearing were also confronted with the declarations of the 25 co-defendants. The day's proceedings came to an abrupt end after one of the main accused claimed that he had fought against the Rwandans on behalf of the Government and that high-ranking Government officials had supplied weapons to the residents of Butumba village in 1998. The trial will resume on 5 February 2008.
5. Following allegations of serious human rights violations committed by lendu combatants of the FNI (Front Nationaliste Intégrationniste of Peter Karim) splinter group, under the command of Konzinziko Chabani Ekoli, on the night of 4-5 January 2008, in the localities of Lalo and Djurukidogo (70 km northwest of Bunia), on 12 January 2008, the UNHRO carried out an investigative mission in situ.
The team established that two children were burnt to death, the chief of the locality of Djurukidogo and a 15-year-old girl were abducted, two men were subjected to cruel, inhumane and degrading treatment, nine villages were looted and burnt down and about 982 civilians sought refuge out of the affected localities.
6. On the night of 15 January 2008, Ms Aimée Kabila Mulengela, Laurent Desiré Kabila's daughter was shot dead by two men-one wearing military uniform- at her residence in Kinshasa. The assailants broke into her house and stole her computer, mobile phones and other valuables. It would be recalled that the UNHRO has been following the case of Ms Kabila since it initially found her illegally detained at Kin Mazière detention centre during a routine visit.
Ms Kabila was arrested on 30 December 2005, held there with no charge for 56 days and released upon UNHRO intervention. After her release, she went into hiding with her five other children, claiming that she was at risk of further human rights violations because of a dispute with the Kabila family. On 26 January 2008, the two alleged perpetrators were arrested.
7. In Maniema Province, on 6 January 2008, four human rights activists were allegedly threatened with death by the Administrateur du Territoire in Punia (230 km northeast of Kindu). The victims had denounced the massacre of 13 civilians perpetrated by RCD combatants in complicity with the then local administrative authorities, including the current Administrateur du Territoire, in 2002. The four victims went into hiding.
Implication of FARDC soldiers in human rights violations
8. In North-Kivu, on the night of 12-13 January 2008, a civilian (trader) was allegedly shot dead in presence of his second wife by armed men in military uniform in the neighborhood of Katindo. The UNHRO will follow the case.
9. In Equateur, on 14 January 2008, a three-year-old girl was allegedly raped by a FARDC soldier in Gemena (520 km northeast of Mbandaka). The alleged perpetrator broke into the residence of the victim, in the absence of her parents. The victim was admitted to the local hospital. The alleged perpetrator was arrested and detained in the Office of the Military Prosecutor holding cell.
10. Still in Equateur, on 13 December 2007, a five-year-old girl was allegedly raped by a FARDC Lieutenant in Gemena. The victim was intercepted on her way to the market, taken to the nearby bush, threatened with death and subsequently raped. The victim was admitted to the local hospital. The alleged perpetrator was arrested and detained in the Office of the Military Prosecutor holding cell.
11. In North Katanga, during the night of 7-8 January 2008, in the neighbourhood of Regeza Cité Kapulo in Kalemie, a civilian was intercepted by two FARDC soldiers who allegedly beat him with the butts of their A-47 rifles and extorted his mobile phone and 12,000 FC. The victim who was unable to identify the perpetrators will however lodge an official complaint to the Auditorat Militaire.
12. In Kasaï Oriental, on 13 January 2008, a civilian was allegedly subjected to cruel, inhuman and degrading treatment by five FARDC soldiers in the commune of Kanshi, Mbuji Mayi. The victim had resisted extortion of his motorbike. The victim sustained serious injuries on mouth, left eye and lip.
13. In North-Kivu, on 8 January 2008, a woman was allegedly subjected to ill-treatment by a soldier attached to the Intelligence Office of the 8th Military Region in Butembo. The victim was undressed and threatened with death by the T2 Officer.
14. In Bandundu, on 4 January 2008, a woman was arbitrarily arrested in place of her son by a FARDC soldier attached to the Office of the Military Prosecutor. Another victim's son was allegedly beaten up by the alleged perpetrator. She allegedly paid the sum of 15,000 FC in exchange for her release.
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