Congo-Kinshasa: Monthly Human Rights Assessment - December 2007 - AllAfrica.com

Summary: The United Nations Mugwump Expert on the human rights state of affairs inch the DRC concluded an eight-day functionary visit to the country; FARDC and PNC elements were allegedly responsible for at least 7 arbitrary executings of civilians as well as respective misdemeanors of the right to physical integrity, including 12 lawsuits of colza of minors; The UNHRO organized/participated in activities held throughout the DRC to mark Person Rights Day; In Katanga Province, the "Gédéon" trial continued before the Kipushi Military Court and the Kilwa slaughter entreaty trial commenced before the High Military Court in Lubumbashi; 30 inmates escaped from the Kalemie Central Prison, in northern Katanga.

Main developments

1. On 6 December 2007, the United Nations Mugwump Expert on the human rights state of affairs in the DRC, Mr. Titinga Pacéré, concluded an eight-day visit to the country. During his stay in Kinshasa, he met with the Presidents of the National Assembly and the Senate, the Presiding Judges of the Supreme Court and the High Military Court, Government Ministers, including the newly appointed Curate of Justice and Person Rights, the Curate of Human-Centered Affairs, the Vice-Minister of Foreign Affairs, the diplomatic corps, MONUC, members of the Synergy against Sexual Violence, representatives of human rights NGOs and the civil society.

Mr. Titinga also carried out a three-day visit to Bukavu, the working capital of South Lake Kivu State where he met with the Governor and other senior provincial authorities, the international community as well representatives of civil society. The Mugwump Expert called on all governmental, legislative and judicial government to perpetrate themselves to preventing and combating the flagellum of sexual force and impunity. He is expected to show a study on the human rights state of affairs in the DRC during the March 2008 session of the Person Rights Council in Geneva.

2. On 6 December 2007, the Kilwa slaughter entreaty trial commenced before the High Military Court conducting on-site hearings in Lubumbashi, Katanga Province. The two chief accused, FARDC Colonel Adémar and Captain Sadiaka, appeared before the Court assisted by three defence lawyers. Neither of the other accused people who were sentenced in absentia at the first case trial, nor the two foreign employees of the transnational company Anvil Mining Company, appeared in court. The Anvil excavation employees were represented by their lawyers who declared that their clients had already been acquitted and did not understand why they had been summoned.

In his response, the Prosecutor indicated that he had filed an entreaty against the first grade verdict, and recalled that all political parties must look in court, in conformity with the Congolese Criminal Procedure Code. At a subsequent hearing, the lawyers for Anvil Mining argued that the entreaty introduced by the Prosecutor was not general but was limited to the finding of fact pronounced in relation to law-breakings committed in Pweto by Col. Adémar and Captain Sadiaka. On 21 December, the Court turned down an entreaty introduced by advocate on behalf of 144 victims opinion that the entreaty introduced by the Prosecutor was not planetary but limited lone to the life sentence that was handed down on the two chief accused for voluntary murder committed in Pweto. The Court also ruled that the cause for which the victims were claiming compensation had already ended with the acquittal of Anvil Mining and that the lawyers had not obtained proper powerfulnesses of lawyer from the victims, in conformity with the law.

Relevant Links

3. On 4 December 2007, the Gédéon trial continued before the Kipushi Military Court. Gédéon's escorts testified during the day's hearing. Ten co-defendants appeared for the first time, including five charged with murder praeter intentionnel (inflicting lesions and blows without the purpose to kill) in connexion with the decease of a civilian in Mitwaba on 27 October 2007. A societal worker informed the court that 193 children World Health Organization were formerly associated with Gédéon's armed grouping had undergone the DDR procedure at the Theodolite Centre in Mitwaba.

A long argument over the age of one of Gédéon's co-defendants who was registered as a minor in 2006 when Gédéon's military units surrendered to MONUC raised the issue of the ratione personae competency of the Court to hear minors. On 11 December 2007, the Court rejected the movement that was filed at the former ambitious its ratione personae competency to seek a minor, stating that the expostulation should have got been made before the beginning of the in-depth examination of grounds in the case. During the day's hearing, one of Gédéon's chief co-defendants claimed to have got been a member of Gédéon's armed grouping but had not met him before arriving in Kipushi. He confirmed Gédéon's alleged control over all the Mayi Mayi Brigades in the country and his pattern of ordering his work force to accumulate all the arms captured from the FARDC. The trial was adjourned to 8 January 2008.

4. On 10 December 2007 the UNHRO participated in respective activities that were held throughout the DRC to mark Person Rights Day. The activities organized in the states included forums, round-table discussions, debates, workshops, public Marche and motorcades and involved the presence of human rights NGOs, local authorities, the members of Provincial Assemblies, MONUC and United Nations Agencies. In Kinshasa, the jubilations were held in concurrence with the Ministry of Justice and Person Rights under the high backing of Prime Curate Antoine Gizenga.

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