As representatives of international human rights and development organisations, we write to ask you to ensure that judicial authorities and the Commission of Enquiry carry out an independent, thorough and impartial investigation into Pascal Kabungulu’s assassination. We call on you to ensure that the perpetrators of this hideous crime are brought to justice in accordance with international standards of fair trial without recourse to the death penalty.
As representatives of international human rights and development organisations, we write to ask you to ensure that judicial authorities and the Commission of Enquiry carry out an independent, thorough and impartial investigation into Pascal Kabungulu’s assassination. We call on you to ensure that the perpetrators of this hideous crime are brought to justice in accordance with international standards of fair trial without recourse to the death penalty.
You may be aware that Mr. Kabungulu, Executive Secretary of the human rights organisation, Héritiers de la Justice, was shot dead on July 31, 2005 in his home in Bukavu. Three armed men in uniform broke into his house, dragged him out of his bedroom and shot him in front of his family. Family members reported that just before his execution the attackers said, “We were looking for you and today is the day of your death.”
Pascal Kabungulu Kibembi was renowned for his courageous defence of the rights of all Congolese. His death has sent shock waves through the Congolese human rights community and civil society, and has provoked grave fear among those he has defended and helped for many years.
Congolese judicial authorities have initiated a criminal investigation into the case and the provincial authorities of South Kivu have established a Commission of Enquiry, chaired by the Military Prosecutor of South Kivu. There have been reports that the Commission’s investigations have been hindered by interference from Congolese army personnel. On August 4, 2005, three Forces Armées de la République Démocratique du Congo (FARDC) officers, led by Commander Thierry Ilunga, reportedly forced the Director of Bukavu Central Prison to release two soldiers who were in detention on suspicion of involvement in the killing. Between August 4 and 18, the suspects were reportedly held in the custody of the 10th Military Region during daytime, and were allowed to return home at night. They have now been returned to the Central Prison. In addition, several members of the Commission of Enquiry have reportedly received threats in different forms, which may be linked to their membership on the Commission.
In order that the Commission’s investigation is genuinely independent and free from interference by military personnel, we urge you to ensure it is directed and carried out solely by the civilian authorities. We are also deeply concerned by the above acts that appear to be undermining and obstructing the course of the investigation. We urge the DRC authorities to investigate the actions of the three FARDC officers allegedly involved.
The DRC government should also guarantee that the current Commission of Enquiry into the assassination of Pascal Kabungulu be independent, impartial and competent, with clear terms of reference and authority; and that it conducts its inquiry in a fully transparent manner. The Commission must also have the authority, in accordance with law, to provide redress, including any compensation due, and to enforce any eventual decision and award, without undue delay. In addition, the DRC government has the responsibility to provide the judicial authorities and the Commission of Inquiry with the means necessary to carry out an independent, thorough and impartial investigation into Mr. Kabungulu’s assassination.
Pascal Kabungulu’s assassination is a clear sign that human rights defenders continue to be subjected to harassment, intimidation and attacks in the DRC. With this in mind, we urge the DRC government urgently to develop an action plan for the protection of Congolese human rights defenders in full implementation of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.
We urge your government to take steps to ensure investigations are carried out into series of alleged human rights violations against human rights defenders, and bring those responsible to justice. In particular, investigations should be undertaken into the following cases:
• Reported threats, including death threats, against Richard Bayunda Muhindo, Sheldon Hangi, Charles Mukandirwa and Magellan Lwanda, human rights defenders from Goma, who were forced to flee the country in January 2005.
• The attack by armed men on Golden Misabiko and Amigo Ngonde, leading members of Association Africaine de Défense des Droits de l’Homme (ASADHO) on 16 May 2005, in Lubumbashi
• The arbitrary arrest of Golden Misabiko on 2 June 2005, in Lubumbashi, and seven other human rights defenders protesting his detention
• The attack by armed men on Dismas Kitenge, head of Groupe Lotus, during the night of 2 June 2005, in Kisangani.
We appeal to the government of the DRC to support the mandates of both the UN Special Representative for Human Rights Defenders and the African Commission Special Rapporteur on Human Rights Defenders in Africa by inviting them to visit the DRC.
As the country embarks upon a major reform of the army, we call on the government to establish an independent vetting process to prevent persons reasonably suspected of having committed human rights abuses from being integrated into the national army until accusations against them have been fully investigated. Other key measures to be taken by the government should include the provision of training on human rights and international humanitarian law to all persons integrated in the national army.
We look forward to hearing from you on these important issues.
Yours faithfully,
Kolawole Olaniyan
Africa Program Director
Amnesty International
Mary Lawlor
Director
Front Line
Georgette Gagnon
Deputy Director, Africa Division
Human Rights Watch
David Pain
Head of Africa Division
Christian Aid
