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Intervention requested

The International Secretariat of OMCT has been informed by the Observateurs des droits de l’Homme (CODHO), a member of OMCT, that Diyavanga Nkuyu, Mbumba Ilunga, Mwati Kabwe, Bosey Jean-Louis and Banga Djuna, 5 children condemned to death by the Military Court (COM, Cour d’Ordre Militaire), had their sentences commuted to life imprisonment. According to the same information, Nanasi Kisala was also condemned to death, but has not benefited from the presidential decision and is still awaiting execution.

Case COD 270401.1.CC
Follow up of case COD 240401
CHILD CONCERN

The International Secretariat of OMCT has received new
information regarding the following situation in Democratic
Republic of Congo.

New information

The International Secretariat of OMCT has been informed by
the Observateurs des droits de l’Homme (CODHO), a member
of OMCT, that Diyavanga Nkuyu, Mbumba Ilunga, Mwati
Kabwe, Bosey Jean-Louis and Banga Djuna, 5 children
condemned to death by the Military Court (COM, Cour
d’Ordre Militaire), had their sentences commuted to life
imprisonment.

Banga Djuna, who did not figure in the initial appeal, was born in
1984 and was arrested on 12 April 1999 and condemned to
death in Mbadaka on 8 August 1999 for involuntary murder.

According to the same information, Nanasi Kisala was also
condemned to death, but has not benefited from the presidential
decision and is still awaiting execution. Nanasi Kisala, born in
1984, was arrested on 14 October 2000 and condemned in
Mbandaka on 27 April 2001 for involuntary murder.

Brief remainder of the situation

The International Secretariat of OMCT had been informed by
CODHO that four children had been condemned to death by
the Military Court (COM, Cour d’Ordre Militaire) of the
Democratic Republic of Congo. The Military Court is an
exceptional court in which no appeal is possible. In each of these
cases the trials have allegedly been carried out summarily.

According to the information received, all of these children had
been convicted as soldiers at the time of their trials. They had
been awaiting execution in the ex Makala central prison in
Kinshasa.

The International Secretariat of OMCT had recalled that,
according to the Special Rapporteur on the Situation of Human
Rights in the DRC, the COM has been widely criticised for its
failure to satisfy the conditions of independence and of
impartiality in its judgements. The COM exercises prerogative
powers that are incompatible with international norms on the
administration of justice. In particular, its statutes do not allow
for any form of appeal.

Remarks and action requested:

The International Secretariat of OMCT wishes to thank all those
institutions, organizations and individuals who intervened on their
behalf on the children condemned to death, but asks you to
keep up writing to the authorities of the Democratic Republic of
Congo urging them to:

i. immediately repeal the death sentences passed on
each child, in particular the one against Nanasi
Kisala, in conformity with their international
obligation established under art. 6, paragraph 5 of
the International Covenant on Civil and Political
Rights and reiterated in article 37 of the Convention
on the Rights of the Child;
ii. immediately repeal the life imprisonment sentences
passed on each child and particularly those against
Diyavanga Nkuyu, Mbumba Ilunga, Mwati Kabwe,
Bosey Jean-Louis and Banga Djuna, in conformity
with their international obligations pursuant to article
37 of the Convention on the Rights of the Child;
iii.ensure that the children sentenced to death and to
life imprisonment have the right to appeal the
sentence before a competent, independent and
impartial authority or judicial body, according to
article 40 of the Convention on the Rights of the
Child;
iv. amend the Congolese legislation as a matter of
priority, in order to abolish the death penalty and life
imprisonment for children under 18 years of age;
v. ensure the competence, independence and
impartiality of the COM as well as the fairness of its
procedures, according to article 14 paragraph 1 of
the International Covenant on Civil and Political
Rights as well as article 40 of the Convention on the
Rights of the Child;
vi. recognise the necessity for every child to be judged
by judges with a special training in juvenile justice;
vii.guarantee the respect for human rights and
fundamental freedoms throughout the country in
accordance with national laws and international
human rights standards and, in particular, the
Convention on the Rights of the Child.

Addresses:

President Joseph Kabila. Présidence de la République,
Kinshasa-Ngaliema, République Démocratique du Congo. Fax
(+ 243) 880 02 120

Minister of Justice, Ministère de la Justice, BP 3137, Kinshasa
Gombé, République Démocratique du Congo. Fax : (+243) 880
55 21

Minister of Human Rights, Ministre des droits humains, Fax :
(+243) 12 20 664

Please also write to the embassies of Democratic Republic of
Congo in your respective country.

Geneva, May 31, 2001

Kindly inform us of any action undertaken quoting the code of
this appeal in your reply.

Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected]
http://www.omct.org