DRC: Children condemned to death penalty

Case COD 270401.CC
CHILD CONCERN

Brief description of the situation

According to the Comité des Observateurs des droits de
l’Homme (CODHO), a member of OMCT, the convicted
children are:

1. Diyavanga Nkuyu, born on 15 March 1984,
arrested on 25 February 1999 and convicted in May
1999 for criminal association;
2. Mbumba Ilunga, born on 26 January 1984,
arrested on 13 September 2000 and convinted on
11 October 2000 for involuntary murder;
3. Mwati Kabwe, born on 15 Mai 1984, arrested on
2 September 2000 and convicted on 10 October
2000 for involuntary murder;
4. Bosey Jean-Louis, born on 25 Mai 1984, arrested
on 2 June 1999 and convicted on 2 July 1999 for
involuntary murder.

According to the information received, all these children were
convicted as soldiers at the time of the facts. They are currently
awaiting the execution of their sentences in the ex Makala central
prison in Kinshasa.

Summary of the judicial procedure

The Congolese military penal code subjects every soldier,
including those under 18 years old, to the competence of the
armed forces jurisdiction and to punishments stipulated by
military law.

Furthermore, the international secretariat of OMCT recalls that,
according to the Special Rapporteur on the Situation of Human
Rights in the DRC, the COM has been widely criticised for its
failure to satisfy the conditions of independence and of
impartiality in its judgements. The COM exercises prerogative
powers that are incompatible with international norms on the
administration of justice. In particular, its statutes do not allow
any form of appeal.

Action requested:

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

i. immediately repeal the death sentences passed on
each child, in conformity with their international
obligation established 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;
ii. ensure that the children sentenced to death have the
right to appeal the sentence before a competent,
independent and impartial authority or judicial body,
according to article 40, paragraph 2 of the
Convention on the Rights of the Child;
iii.amend the Congolese legislation as a matter of
priority in order to abolish the death penalty for
children under 18 years of age;
iv. ensure the competence, independence and
impartiality of the COM as well as the fairness of its
procedures, according to article 14 paragraph 1 of
the International Covenant on Civil and Political
Rights as well as article 40, paragraph 2 of the
Convention on the Rights of the Child;
v. recognize the necessity for every child to be judged
by judges with a special training in juvenile justice;
vi. guarantee the respect for human rights and
fundamental freedoms throughout the country in
accordance with national laws and international
human rights standards and, in particular, the
Convention on the Rights of the Child.

Addresses:

President Joseph Kabila. Présidence de la République,
Kinshasa-Ngaliema, République Démocratique du Congo. Fax
(+ 243) 880 02 120

Minister of Justice, Ministère de la Justice, BP 3137, Kinshasa
Gombé, République Démocratique du Congo. Fax : (+243) 880
55 21

Minister of Human Rights, Ministre des droits humains, Fax :
(+243) 12 20 664

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

Geneva, April 27, 2001

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