URGENT AMNESTY - Fear of Detention/Fear of Ill-Treatment, Potential Prisoner of Conscience.

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Title: URGENT AMNESTY - Fear of Detention/Fear of Ill-Treatme

PUBLIC AI Index: AFR 62/002/2002

UA 63/02

Fear of Detention/Fear of Ill-Treatment
27 February 2002

Potential Prisoner of Conscience.

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Golden Misabiko (m) - human rights defender and president  of Association africaine de defense des droits de l'homme  (ASADHO), African Association for the Defence of Human Rights.

Human rights defender Golden Misabiko is currently in hiding after receiving a summons to report to a military tribunal in the southeastern city of Lubumbashi.
If the authorities discover his whereabouts, he is likely to be detained as a prisoner of conscience, ill-treated or subjected to an unfair trial.

At around 10am on 26 February an army magistrate and two soldiers, all of them armed, arrived at the Lubumbashi offices of the human rights group Association africaine de defense des droits de l'homme (ASADHO), African Association for the Defence of Human Rights.
Although they had no official warrant, their intention was apparently to arrest Golden Misabiko.
Finding him absent, they later telephoned him and ordered him to report to the Cour d'ordre militaire (COM), Military Order Court.
Golden Misabiko refused to comply on the grounds that the order had no formal legal basis.
Later that afternoon, a formal summons (mandat de comparution) was issued, signed by a COM magistrate.

While the exact motive for this summons has not been specified, it is feared that it may be linked to an interview which Golden Misabiko gave to the radio station Voice of America (VOA) on 21 February.
In the interview, Golden Misabiko called for an end to the DRC armed conflict and urged all the warring parties to engage fully with peace talks -- known as the Inter-Congolese Dialogue -- which had been due to start by end of February in South Africa.
He also called on the Congolese people to organise themselves and campaign vigorously throughout the DRC for the success of the talks.



BACKGROUND INFORMATION

In 2001 Golden Misabiko, who is president of the Katanga province branch of ASADHO, was detained for seven months as a prisoner of conscience after ASADHO issued a communique' condemning the execution of at least eight alleged coup conspirators in November 2000.
Arrested in Lubumbashi in February 2001, Golden Misabiko was immediately transferred, without his family being informed, to the capital Kinshasa, where he was initially held in a notorious security service detention centre known as the Groupe Litho Moboti (GLM) building.
He was repeatedly tortured in the GLM and continues to suffer from the after-effects of the torture which he endured.
No-one has ever been prosecuted for torturing him and he has never received any compensation for his detention as a prisoner of conscience or for the injuries he sustained.

Amnesty International considers that, on the basis of his previous experiences, Golden Misabiko has justifiable grounds for fearing that he will once again be detained, and possibly ill-treated, if he responds to the summons from the COM.

The COM is a notoriously unfair military tribunal which is routinely used by the Congolese authorities as a means of suppressing dissent and imprisoning real or perceived opponents, including politicians, journalists and human rights defenders.
The COM has no legal jurisdiction over civilian cases.



RECOMMENDED ACTION:
Please send appeals to arrive as quickly as possible, in French or English or your own language:
- expressing concern at attempts by security officials to arrest Golden Misabiko on 26 February and the issuing of a summons ordering him to report to the Cour d'ordre militaire (COM), Military Order Court;
- seeking clarification of the precise grounds for the issuing of this summons and pointing out that the COM should have no jurisdiction over cases involving civilians such as Golden Misabiko;

- expressing fear that Golden Misabiko appears to be once again at risk of being detained as a prisoner of conscience and urging that the summons be immediately rescinded if it is connected with his human rights activities or the views he expressed in a VOA interview;
- condemning the seven-month detention and severe torture of Golden Misabiko in 2001, and urging that his torturers be prosecuted and that he receive appropriate compensation;
- urging the authorities to take all necessary steps to ensure that Golden Misabiko and fellow human rights defenders throughout the DRC are free to operate without fear of persecution, or detention.

APPEALS TO:
Minister of Human Rights
Professeur Ntumba Luaba, Ministre de Droits humains
Ministere de Droits humains
33/C Boulevard du 30 juin
Kinshasa-Gombe
Republique democratique du Congo
Fax: + 243 12 20 664 (this number can be very difficult to get through to) Salutation: Monsieur le Ministre/Dear Minister

Minister of Justice
Monsieur Antoine Deogratias Ngele Masudi
Ministre de la justice et des Affaires parlementaires
Ministere de la justice
BP 3137 Kinshasa-Gombe
Republique democratique du Congo
Fax: + 243 12 20 843 (If someone does answer ask for the fax "Pourriez- vous brancher le fax s'il vous plait?" - this number can be very difficult to get through to)
Salutation: Monsieur le Ministre/Dear Minister

Governor of Katanga
Monsieur Aime-Ngoyi Mukena
Gouverneur du Province de Katanga
Residence du Gouverneur
Lubumbashi, Katanga
Republique democratique du Congo
Salutation: Monsieur le Gouverneur/Dear Governor

Military prosecutor
Magistrat Madjaliwa
Procureur militaire pres la Cour d'ordre militaire
Cour d'ordre militaire
Avenue Mama Yemo/croisement Ndjamena
Lubumbashi, Katanga
Republique democratique du Congo Salutation:
Monsieur le Procureur militaire/Dear Military Prosecutor

COPIES TO: Diplomatic representatives of Democratic Republic of Congo accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY.
Check with the International Secretariat, or your section office, if sending appeals after 10 April 2002.

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