DEMOCRATIC REPUBLIC OF THE CONGO

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

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 164th session (Brussels, 16 April 1999)

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/164/13(b)-R.1), and to the resolution adopted at its 163rd session (September 1998) concerning the case of Mr. Joseph Olenghankoy, Mr. Eugène Diomi Ndongala Nzomambu and Mr. Etienne Tshisekedi, members of the High Council of the Republic - Transitional Parliament (HCR­TP) dissolved in May 1997,

Considering the information supplied by the sources on 29 January and on 29 and 31 March 1999,

Recalling that Mr. Ndongala was detained at his home on 10 December 1997 by members of the military police without an arrest warrant and taken to a military camp; that he was so severely beaten that he had to be taken to hospital; that he was released on 24 January 1998 following international pressure,

Also 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 breaking the ban on political activity; considering that the house arrest was lifted on 5 July 1998 and that no criminal proceedings are currently pending against him,

Recalling that Mr. Olenghankoy was arrested at his office on 20 January 1998 by elements of the National Intelligence Agency (ANR) and taken to the ANR jail, where he was held incommunicado before being transferred during the night of 28 to 29 January 1998 to the Kokolo military camp and later to Lubumbashi and finally to Buluwo high security prison near Likasi/Shaba in Katanga Province; that he was subjected to " close " interrogation and detained under harsh conditions,

Noting in this connection that, according to the report of the United Nations Special Rapporteur on the human rights situation in the Democratic Republic of the Congo to the United Nations Commission on Human Rights (E/CN.4/1999/31), Buluwo prison " is not a legally authorised establishment and has been described as ' the antechamber of death ' because of its filth and bad food and because prisoners are permitted to leave the isolation cells only to use the toilet ",

Considering that the information concerning the accusation brought against him differs: according to one source he was accused of having broken the activity ban imposed on political parties and, according to another, of having stirred up members of the armed forces against President Kabila,

Considering that, following an escape attempt in April 1998, Mr. Olenghankoy and two of his fellow detainees were recaptured by the security forces and, on 18 May 1998, found guilty by the Military Order Court of endangering State security and sentenced to 15 years' imprisonment,

Considering that, according to the report of the United Nations Special Rapporteur referred to above and the source, Mr. Olenghankoy's trial was unlawful as (a)  he and his co-accused were not brought before a judge without delay, (b) their lawyers were given only three hours to prepare a defence, (c)  the lawyer was unable to talk to the defendant just before the hearing, (d)  he was tortured, (e)  there was no equal access to evidence and much of it was illegal and could not be objected, and (f)  there is no right of appeal,

Mindful of the recommendations made by the Special Rapporteur in his report to the United Nations Commission on Human Rights, in particular regarding the need for the immediate restoration of freedom of expression, the immediate cessation of operation of the Military Order Court, and the restoration of the right to fair trial,

1. Expresses deep concern at the reports of violation of Mr. Olenghankoy's right to freedom from arbitrary arrest and detention, right to freedom from torture and ill-treatment and right to fair trial, and urges the authorities consequently to release him immediately and unconditionally and to restore his rights;
2. Wishes to receive a copy of the judgment handed down on him by the Military Order Court;
3. Urges the authorities to comply with their duty under the international human rights norms to which their country has subscribed, to investigate the accusation of torture and ill-treatment in this case and to bring to justice those responsible for this criminal act;
4. Wishes to ascertain whether the competent authorities have instituted any investigations to identify and bring to justice, as is their duty, those responsible for assaulting Mr. Ndongala while he was in detention;
5. Affirms that impunity can only encourage the repetition of crime and poses a major threat to democracy and respect for human rights;
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 those norms, is bound to respect the right to freedom from torture and ill-treatment, the right to freedom from arbitrary arrest, the right to fair trial, the right of anyone who has been the victim of arbitrary arrest or detention to compensation, and the right to freedom of expression and association;
7. Notes that Mr. Tshisekedi is no longer subjected to any restriction of his freedom of movement and that no judicial proceedings are pending against him; decides to close the file concerning him while expressing its deep regret at his arrest and detention on account of having exercised his fundamental rights of freedom of speech, association and assembly;
8. Requests the Secretary General to convey this decision to the competent authorities, in particular the Minister for Human Rights, inviting them to provide the requested information;
9. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (October 1999).

Note: you can download a complete electronic version of the brochure "Results of the 101st Conference and related meetings of the Inter-Parliamentary Union" in PDF format (file size approximately 570K). This version requires Adobe Acrobat Reader, which you can download free of charge.