DEMOCRATIC REPUBLIC OF THE CONGO

CASE N° ZRE/25 - JOSEPH OLENGHA NKOY
CASE N° ZRE/26 - E. DIOMI NDONGALA NZOMAMBU
CASE N° ZRE/27 - ETIENNE TSHISEKED

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 163rd session (Moscow, 12 September 1998)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/163/12(a)-R.1), and to the resolution adopted at its 162nd session (April 1998) concerning the case of Mr. Joseph Olengha Nkoy, Mr. Eugène Diomi Ndongala Nzomambu and Mr. Etienne Tshisekedi, members of the High Council of the Republic - Transitional Parliament (HCR­TP) dissolved in May 1997,

Recalling that, according to the source, Mr. Ndongala was arrested at home on 10 December 1997 by members of the military police without an arrest warrant and taken to a military camp; that he was reportedly badly beaten and had to be taken to hospital; that he was released on 24 January 1998,

Recalling that Mr. Olengha Nkoy was arrested in his office on 20 January 1998 by members of the National Intelligence Agency (ANR) and reportedly taken to the ANR jail and detained there for 10 days before being transferred first to Kokolo military camp and later to Buluwo prison in Shaba province, where he is said to be held since March 1998; that reportedly no charges have been brought against him,

Recalling that Mr. Tshisekedi was questioned on 12 February 1998 by members of the Congolese armed forces who had no arrest warrant and, after being detained for several hours, was placed under house arrest in his village and accused of violating the ban on political activity; considering that the house arrest was lifted on 5 July 1998,

1. Regrets that the authorities have not responded to the requests for information addressed to them;
2. Remains deeply concerned at the continued detention of Mr. Olengha Nkoy and wishes to ascertain the legal grounds on which he is held, whether any charges have been brought against him and the facts adduced to substantiate them; also wishes to ascertain the place and exact conditions of his detention, in particular whether he is allowed family visits and has access to legal counsel and medical care;
3. Urges the authorities once again to comply with their obligation under international human rights norms and either release Mr. Nkoy forthwith or bring him to trial under a tenable criminal charge;
4. Expresses concern at the detention of Mr. Ndongala, seemingly without any proper legal basis, and in particular at his alleged ill-treatment while in detention, and urges the authorities to take the necessary steps to identify and punish the culprits;
5. Notes that Mr. Tshisekedi has been released from house arrest, and wishes to ascertain whether any judicial proceedings are still under way against him;
6. Recalls that the Democratic Republic of the Congo is a party to the International Covenant on Civil and Political Rights and to the African Charter on Human and Peoples' Rights and, by virtue of its obligations under these norms, is bound to respect the right to freedom from torture and ill-treatment, and the right to freedom from arbitrary arrest and freedom of association;
7. Requests the Secretary General to convey this decision to the President of the Republic, the Minister of the Interior and the Minister of Justice, inviting them to provide the requested information;
8. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 1999).

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