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SPECIAL RAPPORTEUR ON SITUATION OF HUMAN RIGHTS IN THE DEMOCRATIC REPUBLIC OF THE CONGO EXPRESSES CONCERN ABOUT DETERIORATION OF HUMAN RIGHTS IN THAT COUNTRY
18 February 1998
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HR/98/9
18 February 1998
The Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, Mr. Roberto Garretón of Chile, has expressed deep concern about the continuing deterioration of human rights in that country and called on the Government of President Laurent Kabila to take all necessary measures to rectify the situation. Mr. Garretón said that he had received numerous allegations of grave violations of human rights in the Democratic Republic of the Congo since the start of 1998. In this respect, the arrest and deportation of the President of the l’Union pour la Démocratie et le Progrès Social (UDPS), Mr. Etienne Tshisekedi wa Mulumba, could be added to a list of cases of arrests, detentions, ill-treatment during detention and proceedings which had no respect for judicial guarantees.
According to the information which has been brought to the attention of the Special Rapporteur, Mr. Tshisekedi was arrested on 12 February 1998, a few days after being received by the special envoy of the United States and well-known moral authority in the international community, Mr. Jesse Jackson. Dozens of members of the UDPS were arrested the following day, 13 February 1998. According to the information which was provided by credible sources, Mr. Tshisekedi was not at his hometown, contrary to the Government’s statement on 13 February concerning his detention.
The Special Rapporteur feared that Mr. Tshisekedi and other political leaders held for questioning would be ill-treated in detention. He also believed that they would be submitted before a military court which did not respect legal procedures and whose rulings could not be appealed.
These arrests followed the detention on 20 January 1998 of the President of the Forces Novatrices pour l’Union et la Solidarité, Mr. Joseph Olenghankoy, who was transferred to a prison of the l’Agence Nationale de Renseignements (ANR)/Lubumbashi; and the President of the Forces Nouvelles, Mr. Arthur Z’Ahidi Ngoma, who was taken from his home on 25 November 1997 and was also transferred to the Shaba region. In addition, two members of the UDPS, Mr. Mathieu Cellule Ka Bila and Mr. Jean-François Kabanda, were tried and sentenced to two years imprisonment by a military court without having access to lawyers. Numerous other human rights activities continued to be detained without being charged or tried.
Mr. Garretón expressed his deep concern about the recent summary executions in Goma, Bukavu and Kinshasa. Reports said that those executed were sentenced to death by military courts for banditry and armed attacks without being legally represented. While supporting the efforts of the Congolese Government in its struggle against impunity and acts of violence, the Special Rapporteur considered that these efforts should be based on justice and equity.
According to Mr. Garretón, this disturbing situation raised serious doubts about the process of democratization which had not progressed since the former regime was overthrown on 17 May 1997. All political activities, except those of the AFDL, continued to be suspended and there were restrictions on the freedom of expression and opinion. The Special Rapporteur had sent details of these cases and numerous other alleged human rights violations to the Government of President Kabila and hoped to receive information and responses to his communications.
The Special Rapporteur launched an urgent appeal to the authorities of the Democratic Republic of the Congo, calling on them to take all necessary measures to rectify the deteriorating situation of human rights in the country. He urged them to rapidly work in favour of national unity and guarantee the respect of fundamental rights in the Democratic Republic of the Congo. He also urged the authorities to lift the ban on all activities by political parties. Mr. Garretón invited the Government to examine the legal code of the country and to consider the United Nations recommendations concerning the abolition of the death penalty.
18 February 1998
The Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, Mr. Roberto Garretón of Chile, has expressed deep concern about the continuing deterioration of human rights in that country and called on the Government of President Laurent Kabila to take all necessary measures to rectify the situation. Mr. Garretón said that he had received numerous allegations of grave violations of human rights in the Democratic Republic of the Congo since the start of 1998. In this respect, the arrest and deportation of the President of the l’Union pour la Démocratie et le Progrès Social (UDPS), Mr. Etienne Tshisekedi wa Mulumba, could be added to a list of cases of arrests, detentions, ill-treatment during detention and proceedings which had no respect for judicial guarantees.
According to the information which has been brought to the attention of the Special Rapporteur, Mr. Tshisekedi was arrested on 12 February 1998, a few days after being received by the special envoy of the United States and well-known moral authority in the international community, Mr. Jesse Jackson. Dozens of members of the UDPS were arrested the following day, 13 February 1998. According to the information which was provided by credible sources, Mr. Tshisekedi was not at his hometown, contrary to the Government’s statement on 13 February concerning his detention.
The Special Rapporteur feared that Mr. Tshisekedi and other political leaders held for questioning would be ill-treated in detention. He also believed that they would be submitted before a military court which did not respect legal procedures and whose rulings could not be appealed.
These arrests followed the detention on 20 January 1998 of the President of the Forces Novatrices pour l’Union et la Solidarité, Mr. Joseph Olenghankoy, who was transferred to a prison of the l’Agence Nationale de Renseignements (ANR)/Lubumbashi; and the President of the Forces Nouvelles, Mr. Arthur Z’Ahidi Ngoma, who was taken from his home on 25 November 1997 and was also transferred to the Shaba region. In addition, two members of the UDPS, Mr. Mathieu Cellule Ka Bila and Mr. Jean-François Kabanda, were tried and sentenced to two years imprisonment by a military court without having access to lawyers. Numerous other human rights activities continued to be detained without being charged or tried.
Mr. Garretón expressed his deep concern about the recent summary executions in Goma, Bukavu and Kinshasa. Reports said that those executed were sentenced to death by military courts for banditry and armed attacks without being legally represented. While supporting the efforts of the Congolese Government in its struggle against impunity and acts of violence, the Special Rapporteur considered that these efforts should be based on justice and equity.
According to Mr. Garretón, this disturbing situation raised serious doubts about the process of democratization which had not progressed since the former regime was overthrown on 17 May 1997. All political activities, except those of the AFDL, continued to be suspended and there were restrictions on the freedom of expression and opinion. The Special Rapporteur had sent details of these cases and numerous other alleged human rights violations to the Government of President Kabila and hoped to receive information and responses to his communications.
The Special Rapporteur launched an urgent appeal to the authorities of the Democratic Republic of the Congo, calling on them to take all necessary measures to rectify the deteriorating situation of human rights in the country. He urged them to rapidly work in favour of national unity and guarantee the respect of fundamental rights in the Democratic Republic of the Congo. He also urged the authorities to lift the ban on all activities by political parties. Mr. Garretón invited the Government to examine the legal code of the country and to consider the United Nations recommendations concerning the abolition of the death penalty.