Case RDC 070602
Ill-treatment / Torture / Hunger Strikes/Arbitrary Arrest and
Detention

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

Brief description of the situation

The International Secretariat of OMCT has received information from
the l'Association Africaine de Défense des Droits de l'Homme, a
member of the OMCT network, that 22 detained prisoners launched a
hunger strike on May 13th, 2002 in protest of their illegal detention
at Buluo prison in Katanga Province.

According to the report, 22 detainees (two civilians and 20
officers), who have been in custody for over 20 months at Buluo
prison, began a hunger strike to protest against their arbitrary
detention on May 13th, 2002. They are currently sleeping on the
ground outside their cells because they claim to be "political
hostages" rather than prisoners. The conditions in which they are
held are extremely poor, and their health has weakened significantly.

According to the report, 30 policemen were ordered by Commanding
Officer Kalend de Pir, in Likasi, to enter the prison in an attempt
to stop the hunger strike. The officers reportedly beat up the
detainees and severely injured Sensele Kasongo on the head and Papy
Kilongo on the arm.

According to the information received, the 22 detainees, belong to
the Kadogo military, also known as the "Groupe Masasu", referring to
a group of people who were arrested between September and October
2000, under the charge of complotting against former president
Laurent Désiri Kabila. On November 24th, 2002, several men of the
"Groupe Masasu" were tried and sentenced. Few were acquitted, while
those who were not judged have allegedly not been heard from since
then. It is reported that those who were judged, among them the 22
hunger strikers, were not granted a fair trial, since they were not
allowed to be present during the hearings, and to this date they have
not been heard in court. This is particularly worrying given that
among the 22 hunger strikers, several have been condemned to death.
The detainees were not allowed either to be present at Likasi in
September 2001, during the military trial of members of the armed
forces accused of plotting the former president's assassination. The
following is a list of the 22 hunger-strikers and the sentences they
were given:

· 24 months: Alpha Abisa Bosongo,
· 10 years: Alphonse Kanombe, Alfred Issa, Ramazani Makobwe,
· 20 years: Sébastien Mahele Rusagulira,
· Sentenced to death: Bagaye Jean Phillipe, Bagunda Laurent, Bahati
Simweray Eric, Balume Mbova, Batasema Mastaki, Bayoya Mirindi Justin,
Brazza Kindjo, Ilaa Mahmoud, Kashinzwe Byegulu Bernard, Katende
Jimmy, Kilongo Papy, Kubuya Désiré, Lubumbula Ngandu Joel, Mukanyirwa
Nyampeta Djodjo, Pungwe Alexandre, Sensele Kasongo, Ulimwengu
Barongozi Gilbert.

The International Secretariat of OMCT is gravely concerned about the
physical and psychological integrity of the aforementioned detainees
since they are currently engaged in a hunger strike. OMCT is also
concerned that the aforementioned detainees have not been granted a
fair trial, and fears that the aforementioned will not be granted
adequate reparation or adequate medical attention.

Action requested

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

i. take all necessary measures to guarantee the physical and
psychological integrity of the aforementioned detainees;
ii. intervene with the appropriate authorities in order to secure
that they are provided with the adequate medical assistance as a
matter of urgency
iii. order a thorough and impartial investigation into the
circumstances of these events in order to identify those responsible,
bring them to trial and apply the penal, civil and/or administrative
sanctions as provided by law;
iv. order that all the aforementioned detainees, be released
immediately in the absence of valid legal charges or, if such charges
exist, bring them before an impartial and competent tribunal and
guarantee their procedural rights at all times;
v. guarantee the respect of human rights and the fundamental freedoms
throughout the country in accordance with national laws and
international human rights standards.

Addresses

· S.E Président Joseph Kabila. Présidence de la République, Kinshasa-
Ngaliema, République Démocratique du Congo ; Fax (+ 243) 880 02 120,
Email : [email protected] [2]
· Ministre de la Justice, Ministère de la Justice et Garde des
Sceaux, BP 3137, Kinshasa Gombé, République Démocratique du Congo ;
Fax : (+243) 880 55 21, E-mail : [email protected] [3]
· Ministre des droits humains, Ministère des droits humains ; Fax :
(+243) 12 20 664, E-mail : [email protected] [4],
[email protected] [5]
· Ministre de l'Intérieur, Ministère de l'Intérieur, Fax : 00 243 88
02 042, E-mail : [email protected] [6]
· Ministre de la Défense, Ministère de la Défense, Fax : 00 243 12 20
981, E-mail : [email protected] [7]
· Ministre de la Communication, Ministère de la Communication, Fax :
00 243 12 61 205
Procureur Général de la République, B.P. : 7016 Kinshasa/Gombe, Fax :
00 243 12 20 843

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

Geneva, June 7th, 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] [8]
http://www.omct.org [9]