DRCongo: Harassment of human rights defender

New Information

RDC 003 / 9906 / OBS 042.01
Harassment
Democratic Republic of Congo

12th  July 1999.


The Observatory for the Protection of Human Rights Defenders, a joint 
programme of the FIDH and the OMCT, requests your URGENT 
intervention in the following situation in the Democratic Republic of 
Congo.

New Information

The Observatory for the Protection of Human Rights Defenders has been 
informed of the arrest, and subsequent release, the same day in the 
evening, on the 9th July of Mr. Floribert Chebeya, President of the Voix 
des Sans Voix (Voice of the Voiceless), organisation member of the 
OMCT network.

According to the information received, on the 9th July at around 1100 
a.m. two police officers arrived at the offices of the Voix des Sans Voix 
with a subpoena for Floribert Chebeya signed by the Procurer General of 
the Appeal Court of Kinshasa Gombé.

Mr. Chebeya was taken to the offices of the judicial police of the Public 
Prosecutors Office for questioning. The interrogation centred on a press 
cutting referring to a press release from Voix des Sans Voix on the 
detention of Mr Etienne Richard Mbaya, ex Minister for reconstruction 
and emergency planning and equally the ex Minister of Planning.

Mr Chebeya was asked to confirm the information and later questioned 
on the source of the information. He was then taken to a cell.

The same evening at around 800 p.m. the Minister for Human Rights and 
representatives of the Police arrived at the offices of the judicial police of 
the Public Prosecutors Office and arranged for the release Mr. Chebeya.  
Since Saturday 10th July Mr Chebaya has had to register every day with 
the Judicial Police.

In addition, on the 8th of July, Voix des Sans Voix received an order to 
appear before the Security Committee of the State the next day. This 
body is under the responsibility of the President of the Republic. A 
representative of the Voix des Sans Voix went to appear before the 
Committee, as instructed, but was told that it should be Mr. Chebeya 
who should have come in person. The information strongly indicates 
that the Committee wanted to arrest  Mr. Chebeya.

The Observatory is particularly concerned for the security of Mr. 
Chebeya and the other members of the Sans Voix who have been 
subjected to a campaign of harassment organised by different arms of 
the state.

The Observatory believes that the threats made to Mr Chebeya and 
other members of the Voix des Sans Voix are aimed at sanctioning their 
work for fundamental freedoms and demonstrate, once again, the 
constant harassment that human rights defenders are subjected to in the 
democratic Republic of Congo.

Brief reminder of the events

The Observatory for the Protection of Human Rights Defenders was 
informed of the serious threats on Mr Floribert Chebeya, as well as all the 
other people working for Voix des Sans Voix.

These threats are related to the distribution of a on 21 June of Voix  des 
Sans Voix press release on the detention of Etienne Richard Mbaya, ex 
Ministre with responsibility for reconstruction and emergency planning 
and the ex Minister of planning at the Kokolo camp in Kinshasa by the 
50th
Brigade of the FAC (Armed Forces of Congo). The authorities apparently 
refused him medical care even though he has suffered from hyper 
tension for the last 17 years.

The press release was taken up by both the international and national 
press.

On Wednesday 23rd June at 12H45, the Commandant of the 50th Brigade 
sent troops to the offices of the Magazine " La Tempête desn tropiques " 
who had taken up the Voix des Sans Voix press release and arrested three 
journalists.

At 320 p.m. troops arrived at the Offices of Voix des Sans Voix to meet 
Mr. Chebeya. He was not there at the time. They then asked Mr Olivier 
Kungwa and Peter Ntumba, both responsible for investigations to come 
with them. The military informed them that the 50th Brigade wanted 
witnesses when they released Mr. Mbaya.

The two members of the  Voix des Sans Voix were interrogated on the 
activities of their organisation, their methods of investigation and on 
their sources of information. The members of the military requested, in 
addition, that the journalists publish a denial of their writing on the arrest 
of Mr. Mbaya; a request they refused. Some hours later all the above 
mentioned persons except Mr. Mbaya, were released.

On Friday 25th , at around 800 p.m.  Mr. Chebeya was warned by 
telephone that people were looking for him and that he was at risk.

On Saturday 26th the Secretary of Voix des Sans Voix had two visits from 
unidentified persons at her private residence. Witnesses saw military 
vehicles parked near her house.


Action Requested 

Please write to the authorities urging that they 

i	take appropriate measures to guarantee the security of Mr Floribert 
and the other members of the Voux des sans Voix;

ii 	take the necessary measures to ensure that neither Mr Floribert or 
those working with him human rights in conformity with article 12 of the 
United Nation Declaration on the Protection of Human Rights Defenders;

iii.	ensure the implementation of the provisions of the Declaration on 
Human Rights Defenders adopted by the UN General Assembly on 
December 9 1998 (Declaration concerning the rights and responsibilities 
of individuals, groups and institutions to promote and protect 
universally recognised human rights and fundamental liberties ) in 
particular its Article 1 which provides that " Every person has the right, 
individually or collectively, to promote the protection and fulfilment of 
human rights and fundamental liberties at the national and international 
level. "

iv.	guarantee the effective respect of fundamental human rights and 
freedoms in accordance with the provisions of the Universal Declaration 
of Human Rights and the universal and regional Pacts and Covenants 
ratified by the Democratic Republic of Congo.

Addresses

President Laurent-Désiré Kabila. Présidence de la  République,
Kinshasa-Ngaliema, République Démocratique du Congo. Fax (+ 243) 880 
02 120
Mr Mwenze Kongolo, Minister of  Justice, Ministère de la  Justice, BP 
3137,
Kinshasa Gombé, République Démocratique du Congo.
Mr Gaetan Kakudji, Minister of the Interior, Ministère de  l'Intérieur,
Hôtel du Conseil exécutif, Kinshasa - Gombé, République  Démocratique 
du
Congo.

Diplomatic Representation of the Democratic Republic in your country


Geneva- Paris, July 12th 1999

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