DRC: Child sentenced to death

Democratic Republic of Congo: Case COD 270401.2.CC - child
sentenced to death

CHILD CONCERN
Case COD 270401.2.CC
Follow-up of case 270401.1.CC

Geneva, August 17th, 2001

The International Secretariat of OMCT has received new
information regarding the following situation in the Democratic
Republic of Congo.

New information

The International Secretariat of OMCT has been informed by
the Observateurs des droits de l’Homme (CODHO), a member
of OMCT network, that a new child has been sentenced to
death in the Democratic Republic of Congo.

According to information received, Babuyu Oleko, a child
soldier born on May 3, 1984, was arrested November 15,
2000 and condemned to death on January 10, 2001 for
involuntary murder. On the 20th of July, 2001, Babuya Oleko
arrived in the central prison of Kinshasa. He was incarcerated in
building 2, which is reserved for adults condemned to death. He
was incarcerated with Nanasi Kisala, another child condemned
to death (see urgent appeal COD 270401.1.CC).

Diyavanga Nkuyu, Mbumba Ilunga, Mwati Kabwe, Bosey
Jean-Louis, and Banga Djuna, five children who were
condemned to death but had their sentences commuted to life
imprisonment, have received a new presidential pardon.
According to CODHO, they are now condemned to 5 years
imprisonment.

Brief reminder of the situation

The International Secretariat of OMCT has been informed by
CODHO that six children have been condemned to death by the
Military Court (COM, Cour d’Ordre Militaire) of the
Democratic Republic of Congo, which does not allow appeals.
In each of these cases the trial was conducted summarily. Five
of these children had their death sentences commuted to life
imprisonment.

All of these children had been convicted as soldiers at the time
of their trial. They had been awaiting execution in the ex-
Makala central prison in Kinshasa.

The International Secretariat of OMCT had recalled that,
according to the terms of 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 for any form of appeal.

Actions requested:

The International Secretariat of OMCT wishes to thank all those
institutions, organisations, and individuals who intervened on the
behalf of the children and requests you to continue to write the
authorities of the Democratic Republic of the Congo urging them
to:

1. repeal all death sentences imposed on children under the
age of 18, and in particular the sentences of Nanasi
Kisala and Babuya Oleko, in conformity with their
international obligation established under article 6 of the
International Covenant on Civil and Political Rights and
reiterated in article 37 of the Convention on the Rights of
the Child;
2. ensure children that are condemned to death the right to
appeal the sentence before a competent, independent,
and impartial authority or judicial body, according to
article 40 of the Convention of the Rights of the Child;
3. amend the Congolese legislation in order to abolish the
death penalty and life imprisonment for children under
the age of 18;
4. ensure the competence, independence, and impartiality
of the COM as well as the fairness of its procedures, in
accordance with article 14 of the International Covenant
of Civil and Political Rights as well as article 40 of the
Convention on the Rights of the Child;
5. recognise the necessity for every child to be judged by
judges with special training in juvenile justice;
6. ensure that incarcerated children are separated from
adult prisoners, unless its in their best interest not to be,
in accordance with article 37 of the Convention on the
Rights of the Child;
7. 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, August 17, 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