release drc child soldiers

Case COD 270401.4CC
Child concern/Release/Death penalty

The International Secretariat of OMCT requests your URGENT
intervention in the following situation in Democratic Republic of
Congo.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Comité
des Observateurs des Droits de l'Homme (CODHO), a member of the OMCT
network, of the release of two children formerly sentenced to death
in Democratic Republic of Congo. According to the information
received, 2 child soldiers, Jean Louis Basey and Diavanga Nkuyu, who
had been condemned to death since 2000, were freed on 10th May, 2003.
This release took place following the Presidential Amnesty Global
Accord of 14th April 2003 that was signed in Pretoria.

However, no news were received concerning the other child soldiers
that had been sentenced, namely Mbumba Ilunga, Mwati Kabwe, Banga
Djuna and Nanasi Kisala (see urgent appeals 270401EE,
270401EE.1,270401EE.2)

Brief summary of the situation

The International Secretariat of the OMCT had been informed by the
CODHO of the 5 children who had been sentenced to death by the Cour
d'Ordre Militaire (COM) of the Republic of Congo, an exceptional
court in which no apeal is possible. Among those sentenced was Jean
Louis Basey, sentenced in July 1999 for involuntary murder and
Diavanga Nkuyu, sentenced in May 1999 for criminal association. In
each case, the children were convicted as soldiers at the time of the
facts. In May 2001, these children saw their death sentences commuted
to life imprisonment. In August 2001, their life imprisonment
sentences were in turn commuted to 5 years imprisonment.

However, Nanasi Kisala remained sentenced to death, as well as Babuya
Oleko, another child, who did not live through his sentence. He died
in September 2001 due to tuberculosis caused by poor detention
conditions.

OMCT wishes to recall that according to article 39 of the Convention
on the Rights of the Child, to which the Democratic Republic of Congo
is party: "States Parties shall take all appropriate measures to
promote physical and psychological recovery and social reintegration
of a child victim of: any form of neglect, exploitation, or abuse;
torture or any other form of cruel, inhuman or degrading treatment or
punishment; or armed conflicts. Such recovery and reintegration shall
take place in an environment which fosters the health, self-respect
and dignity of the child."

The OMCT also wishes to recall that according to art. 37a of the
Convention: "No child shall be subjected to torture or other cruel,
inhuman or degrading treatment or punishment. Neither capital
punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of
age."

Action requested

Please write to the authorities in Democratic Republic of Congo
urging them to:

1. take all appropriate measures to promote the physical and
psychological recovery as well as the social reintegration of the
freed children : Jean Louis Basey and Diavanga Nkuyu, in conformity
with art. 39 of the Convention on the Rights of the Child;
2. immediately revoke all death sentences passed on children under
the age of 18 years, in particular the one against Nanasi Kisala, in
conformity with the their international obligation established under
art. 6, paragraph 5 of the International Covenant on Civil and
Political Rights and reiterated in article 37 of the Convention on
the Rights of the Child;
3. to amend the Congolese legislation in order to abolish death
penalty and life imprisonment for children under the age of 18;
4. ensure that child prisoners in the DRC benefit from conditions of
detention that are in keeping with the standards of the Convention on
the Rights of the Child and with United Nations Rules for the
Protection of Juveniles Deprived of their Liberty.
5. ensure that according to Article 37 of the Convention on the
Rights of the Child, children in detention "shall be separated from
adults unless it is in the child's best interest no to do so."
6. generally guarantee respect of human rights and fundamental
freedoms of all children all over the country, in accordance with
national laws and international standards, especially the Convention
on the Rights of the Child.

Addresses

Joseph Kabila, President, B.P 2006, Brazzaville, Fax: +242 82 0881
Ministère de l'Intérieur, Fax: 243 88 02 042, Email: [email protected]
Ministry of Defense, E-mail: [email protected]
Ministry of Communication, Fax: +243 12 61 205
Procureur Général de la République, B.P.: 7016 Kinshasa/Gombe, RDC
Ministry of Justice B.P.: 31 Kinshasa/ Gombe, Email: [email protected]
Minister of Human Rights, Professor Ntumba Luaba, Minstère des Droits
humains, 33/C Boulevard du 30 juin, Kinshasa-Gombe, RDC, Email:
[email protected]
Minister of Justice, Mr. Ngele Masudi, Ministry of Justice. BP 3137,
Kinshasa-Gombe, RDC
Ambassador, Mindua Kesia-Mbe, Antoine, Av. De-Budé 18, (Local 1822),
1202, Genève, Suisse, email: [email protected], fax: +4122 740
16 82

Please right as well to the diplomatic representatives of the RDC in
your respective countries.
Kindly inform us of any action undertaking quting the code of this
appeal in your response.

Please also write to the embassies of Democratic Republic of Congo in
your respective country.

Geneva, May 19, 2003

Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.

Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected]
http://www.omct.org