Case COD 080103
Death penalty / Fair trial

The International Secretariat of OMCT requests your URGENT
intervention in the following situation in the Democratic Republic of
Congo.

Brief description of the situation

The International Secretariat of OMCT was informed by the African
Association for the Defense of Human Rights (ASADHO), a member of the
OMCT network, of the death sentences pronounced by the Court of
Military Order (Cour d'Ordre Militaire - COM) against 30 persons
(including 10 persons who received sentences in absentia), all of
whom were accused of having taken part in the assassination of former
President Laurent-Désirée Kabila.

According to the information received, out of 135 defendants in this
trial, 30 persons were sentenced to death, 27 to life imprisonment, 9
people were sentenced to twenty years of prison, 5 to fifteen years,
2 to ten years, 1 to five years, 3 to two years and 50 people were
acquitted.

According to the information received, the conditions in which the
hearings were held do not meet the internationally recognised
standards for fair trials, notably for the following reasons:

· a military court is not allowed to try civilians (9 civilians were
sentenced to death) ;
· at least 3 women were arrested and tried for and on behalf of their
husbands, who were absent or in hiding;
· the Court of Military Order does not include the right to appeal
against the sentences;
· the fact that the family of the chief of State was a party claiming
damages in the trial, while military judges are nominated by the
chief of State himself casts strong doubts about the impartiality of
the trial.

OMCT wishes to recall that on September 23rd, 2002, President Joseph
Kabila suspended the moratorium on death penalty he had pronounced
shortly after coming to power.

OMCT is strongly concerned for the physical and psychological
integrity of all the persons who were tried by the COM in relation
with this case, including those who were acquitted, and most notably
those who have received death sentences.

Action requested

Please write to the authorities in the Democratic Republic of Congo
urging them to:

i. repeal all sentences handed down to civilian persons as a result
of this trial before the Court of Military Order;
ii. immediately sign a presidential decree to amnesty political
crimes, as stated by art. III, 8 of the Pretoria agreements signed on
December 17th 2002;
iii. guarantee the respect of human rights and the fundamental
freedoms throughout the country, in accordance with international
human rights and humanitarian laws and standards, as well as with the
Pretoria agreements signed on December 17th 2002, notably its art.
III, 3.

Adresses

Note : if you come up against difficulties using some of the DRC e-
mail adresses and fax numbers mentioned below, we suggest that you
refer to the embassy in Geneva.

· S.E. l'Ambassadeur de la République démocratique du Congo, Mission
permanente de la République démocratique du Congo auprès de l'Office
des Nations Unies
à Genève, Avenue de Budé 18, 1202, Genève, Suisse, e-mail :
[email protected] , fax : +41 22 7401682
· S.E Président Joseph Kabila. Présidence de la République, Kinshasa-
Ngaliema, République Démocratique du Congo, Email : [email protected]
· Ministre de la Justice, Ministère de la Justice et Garde des
Sceaux, BP 3137, Kinshasa Gombé, République Démocratique du Congo, E-
mail : [email protected]
· Ministre des droits humains, Ministère des droits humains ; Fax :
(+243) 12 20 664, E-mail : [email protected] ,
[email protected]
· Ministre de l'Intérieur, Ministère de l'Intérieur, Fax : (+243) 88
02 042, E-mail : [email protected]
· Ministre de la Défense, Ministère de la Défense, Fax : (+243) 12 20
981, E-mail : [email protected]
· Ministre de la Communication, Ministère de la Communication, Fax :
(+243) 12 61 205
· Procureur Général de la République, B.P. : 7016 Kinshasa/Gombe

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

Geneva, January 13th 2002

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