SPECIAL RAPPORTEUR ON HUMAN RIGHTS IN DEMOCRATIC REPUBLIC OF CONGO CONCERNED ABOUT MILITARY TRIAL OF 80 PERSONS

31 August 2001



Roberto Garreton, the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Democratic Republic of the Congo, today expressed his concern after learning that the military court, la Cour d’ordre militaire, had on 22 August started a trial of 80 persons in Likasi.

Among the defendants are 17 Kadogos, young soldiers, as well as child soldiers who were arrested in October 2000 and accused of being connected to Anselme Masasu Ningada, the Commander of the Forces armées congolaises (FAC). Mr. Ningada was executed along with eight others after a summary and secret trial during which they were allowed to have no defense and were not allowed to refute evidence presented against him.

Also among the defendants are soldiers and former diplomats accused of an alleged assassination attempt against President Joseph Kabila. A number of them were arrested 48 hours after President Kabila was sworn in last January. Most of this group of defendants did not know each other. And a third group is made up of 51 soldiers who were arrested in April 2001.

During his last mission to the Democratic Republic of the Congo, which took place from 19 July to 2 August 2001, Mr. Garreton had the opportunity to meet with a number of detainees who told him about cases of atrocious torture during incommunicado detention.

None of the defendants have been allowed to respond to evidence presented against them. The trial is being held 2000 kilometres away from where their crimes allegedly took place, which makes the process of their defense even more difficult. The defendants have not been allowed to choose their lawyers, and the military proceedings are closed.

The Special Rapporteur strongly denounced this flagrant violation of the right to a fair trial which is enshrined in the International Covenant on Civil and Political Rights, which the Democratic Republic of the Congo has ratified. He also made an urgent appeal to President Kabila and the Ministers of human rights, the interior, defense, and justice to stop this trial from taking place. He invited international and Congolese human rights organizations to do all that they could so that international observers were allowed to attend the trial proceedings.




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