Nairobi — Uphold Rights to Free Expression, Opinion; Don't Abuse Martial Law
Two human rights defenders who held a news conference to criticize the Democratic Republic of Congo's "state of siege" in eastern provinces have been held without charge since August 1, 2024, Human Rights Watch said today.
Jack Sinzahera, 35, one of those held, a member of the citizens' movement Amka Congo (Wake up Congo), is a longtime activist and campaigner who advocates lifting the "state of siege" imposed in the North Kivu and Ituri provinces. Gloire Saasita, 27, also held, is a member of the Génération Positive citizens' movement, which fights for the defense of human rights in Congo. Neither has been taken before a judge, which Congolese law requires within 48 hours of an arrest. The government should immediately release them.
"Human Rights Watch is deeply concerned for the safety of activists Jack Sinzahera and Gloire Saasita," said Carine Kaneza Nantulya, deputy Africa director at Human Rights Watch. "Congolese authorities should release them and stop using the 'state of siege' to crack down on the rights to free expression and association."
These arrests occurred at a time when armed conflict in eastern Congo has intensified as Rwandan-backed M23 continue to seize territory around the eastern city of Goma. In May 2021, President Félix Tshisekedi, who was re-elected in December 2023, declared martial law - a "state of siege" - in the North Kivu and Ituri provinces. The military has taken over civilian authority in both provinces since then, and martial law has remained in effect. Armed groups continue to attack civilians with little protection from the Congolese army despite the "state of siege."
Activists who were at the August 1 news conference told Human Rights Watch that at about 10:45 a.m., Sinzahera and Saasita were in the basketball stadium of Goma's Institut Supérieur de Commerce (Higher Institute of Commerce) giving interviews to journalists when men in civilian clothes approached them. The activists interviewed said they recognized the men as being from the Goma intelligence police, known as P2.
They said one of the men told Sinzahera that they had come to arrest him and another told Saasita: "As you're covering yourself with the country's flag and you're a patriot, you too can come and explain yourself afterwards." The men put the two activists into a private car and drove away.
A family member and a human rights defender based in Kinshasa, the Congolese capital, told Human Rights Watch that on August 10, the two activists were transferred to the General Directorate of Intelligence (Direction Générale des Renseignements) in Kinshasa. The families said the authorities have not told them the reason for the arrests.
An activist from Goma said he was able to visit once the two activists in custody after paying a bribe. He said that Sinzahera and Saasita told friends when they visited them that they were arrested for criticizing the "state of siege."
Human Rights Watch previously reported that the military and police have used martial law to curtail freedom of expression, put down peaceful demonstrations with lethal force, and arbitrarily detain and prosecute activists, journalists, and political opposition members.
On April 2, 2022, Mwamisiyo Ndungo, an activist with Lucha, an organization which fights for the protection of rights and freedoms in Congo, was arrested and later convicted and sentenced to five years in prison for criticizing the "state of siege" on his X, formerly Twitter, account. These latest arrests further highlight the government's growing intolerance toward voices critical of the "state of siege" in North Kivu, Human Rights Watch said.
Under martial law orders, military authorities are able to ban meetings deemed against public order and arrest anyone for disrupting public order. Civilians are prosecuted before military courts, which violates Congo's obligations under international human rights law to ensure due process and fair trial rights.
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Under the International Covenant on Civil and Political Rights, to which Congo is a party, certain rights may be suspended under a state of emergency but must be tailored to the "exigencies of the situation" and be lawful, necessary, and proportionate, including when martial law is in effect. The African Charter on Human and Peoples' Rights, which Congo has ratified, does not allow for suspending any of its provisions under any circumstances.
"The arrests of Jack Sinzahera and Gloire Saasita appear to be aimed at their criticism of the 'state of siege,"' Kaneza Nantulya said. "The Congolese government should ensure that martial rule is not used as a pretext to curtail people's fundamental rights and find effective measures to address security issues in North Kivu."
