US embassy cable - 02KINSHASA2321

C O N F I D E N T I A L SECTION 01 OF 02 KINSHASA 002321 
 
E.O. 12958: DECL: 12/31/2008 
TAGS: PHUM, PREL, PGOV, CG 
SUBJECT: KABILA ASSASSINATION TRIAL CONTINUES, HUMAN RIGHTS 
ACTIVISTS UNDER PRESSURE 
 
REF: A. KINSHASA 793 B. KINSHASA 876 C. KINSHASA 1520 
 
CLASSIFIED BY: POLITICAL OFFICER PEGGY BLACKFORD FOR REASONS 1.5 (B/D) 
 
1.   (C) SUMMARY: THE TRIAL OF THOSE ACCUSED OF KILLING 
LAURENT KABILA REOPENED TO THE PUBLIC WITHOUT FANFARE AT THE 
END OF AUGUST.  CLOSING ARGUMENTS ARE EXPECTED SOON.  CLEAR 
BIAS, A MULTIPLICITY OF PROCEDURAL ERRORS AND LACK OF 
EVIDENCE ARE NOT EXPECTED TO AFFECT THE VERDICT WHICH MAY 
HAVE BEEN DECIDED LONG AGO  IN ADDITION, THE DRC CONTINUES TO 
HOLD HUMAN RIGHTS ACTIVIST N'SII LUANDA WITHOUT FORMAL CHARGE 
AND TO ARREST MANY WITH TIES TO FORMER PRESIDENT MOBUTU'S 
ARMED FORCES ON SUSPICION OF CONCEALING ARMS.  END SUMMARY 
 
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THE KABILA TRIAL 
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2.   (C) THE MILITARY TRIBUNAL FOR THE SUSPECTS IN THE 
ASSASSINATION OF FORMER PRESIDENT KABILA, WHICH WAS CLOSED TO 
THE PUBLIC MAY 2 ON THE GROUNDS OF NATIONAL SECURITY, 
REOPENED AUGUST 27 ACCORDING TO OBSERVERS FROM THE 
INTERNATIONAL HUMAN RIGHTS LAW GROUP.  POLOFF WAS ADMITTED TO 
THE HEARING ROOM ON SEPTEMBER 17; HOWEVER, THE COURT RECESSED 
IMMEDIATELY DUE TO THE ILLNESS OF ONE OF THE JUDGES.  DOZENS 
OF ATTORNEYS WHO HAD MADE A POINTLESS TRIP TO MAKALA PRISON 
WERE HEARD TO BE MUTTERING IN ANNOYANCE.  PROCEEDINGS ARE NOW 
SCHEDULED TO RESUME SEPTEMBER 24 AT WHICH POINT CLOSING 
ARGUMENTS ARE EXPECTED TO BEGIN. IN SPITE OF THE PRESENCE OF 
TELEVISION CAMERAS IN THE COURT, THE PRESS HAS FAILED TO 
COVER THE REOPENED PROCEEDINGS.  A LOCAL HUMAN RIGHTS GROUP, 
LA VOIX DES SANS VOIX (VSV) WAS SURPRISED TO LEARN OF THE 
REOPENING. 
 
3.    (C) THE LAW GROUP OBSERVERS WERE PARTICULARLY CONCERNED 
BY TWO ISSUES.  THE FIRST IS A LACK OF LEGAL COUNSEL FOR MANY 
OF THE PRISONERS.  ALTHOUGH ALL THE PRISONERS TECHNICALLY 
HAVE COUNSEL, SOME LAWYERS ARE FAILING TO SHOW UP IN COURT 
EVEN WHEN THEIR CLIENTS ARE BEING QUESTIONED.  SECOND, THE 
OBSERVERS NOTE THE OBVIOUS PRO-GOVERNMENT BIAS OF THE 
PRESIDENT OF THE MILITARY COURT, GENERAL NAWEL MUKONGO, WHO 
KEEPS A TIGHT REIN ON DEFENDANTS AND THEIR LEGAL 
REPRESENTATIVES BUT ALLOWS THE PROSECUTOR, COLONEL CHARLES 
ALAMBA, TO MAKE SPEECHES AND ACCUSATIONS WITH LITTLE OR NO 
FOUNDATION.  MEMBERS OF VSV ALSO COMPLAINED THAT HE HAD 
OVERLOOKED PROCEDURAL IRREGULARITIES SUCH AS THE LOSS OF THE 
WEAPON USED TO KILL KABILA AND DISCREPANCIES BETWEEN THE 
AUTOPSY AND OTHER INVESTIGATIVE REPORTS.  THIS IS NAWEL'S 
FIRST APPOINTMENT AS JUDGE.  HE WAS FORMERLY A PROSECUTOR 
HIMSELF. 
 
4.    (C) CASES ARE PRESENTLY BEING BROUGHT AGAINST 118 
SUSPECTS.  A HANDFUL WERE NEVER CAPTURED, BUT ROUGHLY A 
HUNDRED ARE BEING HELD AT PAVILION ONE IN MAKALA PRISON. 
THEY ARE ONLY ALLOWED VISITS FROM THEIR ATTORNEYS AND BRIEF 
CONTACT WITH FAMILY OR FRIENDS WHO BRING THEM FOOD.  THE LAW 
GROUP EXPECTS THAT A VERDICT MAY BE HANDED DOWN BY THE END OF 
THE MONTH.  AT PRESENT THERE IS NO POSSIBILITY OF APPEAL; 
HOWEVER, THE LAW GROUP NOTES THERE WAS TALK OF INSTITUTING AN 
APPEAL PROCESS. 
 
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DETENTION OF N'SII LUANDA 
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5.    (C) AS REPORTED REFTEL C, HUMAN RIGHTS ACTIVIST N'SII 
LUANDA, HEAD OF A LOCAL NGO, THE COMMITTEE FOR THE 
OBSERVATION OF HUMAN RIGHTS (CODHO) WAS ARRESTED APRIL 19. 
HE HAS BEEN HELD SINCE THEN ACCUSED OF TREASON AND HARBORING 
CRIMINALS APPARENTLY BECAUSE OF HIS ACQUAINTANCE WITH A 
FORMER POLITICAL DETAINEE, MICHEL BISIMWA.  ACCORDING TO THE 
LAW GROUP, N'SII HAS ACCESS TO THREE LAWYERS BUT THEY HAVE 
NOT BEEN PERMITTED TO ACCOMPANY HIM WHEN HE IS INTERROGATED. 
HE STILL HAS NOT BEEN FORMALLY CHARGED.  HE IS INCARCERATED 
IN PAVILION 8 OF MAKALA PRISON WHICH IS SOMEWHAT MORE OPEN TO 
VISITS FROM FAMILY AND FRIENDS THAN PAVILION ONE WHICH HOUSES 
THE KABILA ASSASSINATION SUSPECTS.  NEVERTHELESS THERE HAS 
BEEN SOME CONCERN ABOUT HIS HEALTH.  HUMAN RIGHTS WATCH, 
WHICH ISSUED A STATEMENT SEPT. 11 CALLING ON PRESIDENT JOSEPH 
KABILA TO RELEASE N'SII, CLAIMED THAT HE IS SUFFERING FROM 
MALARIA.  LAW GROUP REPRESENTATIVES DID NOT BELIEVE THAT 
N'SII'S CONDITION WAS SERIOUS. 
 
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HUMAN RIGHTS GROUP OVERWHELMED 
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6.     (C) MEMBERS OF THE VOIX DES SANS VOIX INTERVIEWED BY 
POLOFF SEPT.17 DESCRIBED THEMSELVES AS OVERWHELMED WITH 
CASES.  THEY WERE ESPECIALLY CONCERNED WITH A NUMBER OF 
ARRESTS MADE IN KINSHASA IN APRIL AND MAY 2001 AND AGAIN IN 
JULY AND AUGUST OF THIS YEAR OF NATIVES OF THE EQUATEUR 
REGION.  VSV HAS SINCE ISSUED A PRESS RELEASE IDENTIFYING 
SEVEN PEOPLE, MEMBERS OF OR WITH TIES TO THE FAZ 
(EX-PRESIDENT MOBUTU'S ARMED FORCES), WHO ARE BEING HELD ON 
SUSPICION OF CONCEALING ARMS   THE HEAD OF VSV, FLORIBERT 
CHEBAYA, TOLD POLOFF OF HIS DISAPPOINTMENT WITH PRESIDENT 
JOSEPH KABILA WHO HAS FAILED TO LIVE UP TO HIS PLEDGES UPON 
COMING TO POWER.  SECURITY FORCES OPERATE WITH IMPUNITY.  HE 
WAS PARTICULARLY CRITICAL OF ALAMBA, PROSECUTOR IN THE KABILA 
TRIAL, WHOM HE ACCUSED OF TAKING PRISONERS SO THAT HE CAN 
CLAIM THE PROPERTY OF HIS VICTIMS.  HE HAD EVEN THREATENED TO 
USE WEAPONS TO DETER NGOS FROM ORGANIZING A SIT-IN TO DEMAND 
THE RELEASE OF N'SII LUANDA AND ANOTHER ACTIVIST WILLY WENGA. 
 
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COMMENT 
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7.    (C) ALTHOUGH THE HUMAN RIGHTS SITUATION IN THE DRC HAS 
IMPROVED IN MANY RESPECTS OVER THE PAST 18 MONTHS, THE 
JUSTICE SYSTEM AND THOSE WHO ARE SUPPOSED TO UPHOLD IT HAVE A 
LONG WAY TO GO BEFORE THEY CAN BE CONSIDERED EVEN MARGINALLY 
RELIABLE OR ACCOUNTABLE.  THE KABILA TRIAL IN PARTICULAR WITH 
ITS ECCENTRIC PROCEEDINGS, MULTIPLE AND EVER GROWING NUMBER 
OF ACCUSED, BIASED RULINGS AND BIZARRE LAPSES LEADS ONE TO 
SPECULATE THAT KAFKA MIGHT REALLY HAVE BEEN CONGOLESE. 
 
 
HOOKS