Tactics and tools for the protection
of Human Rights Defenders

PRESS RELEASE

22/4/08

Our organizations, alerted by the pressures against the national and international observers at the trial on appeal of the Maheshe case condemn the death threats received since April 17, 2008 by three Congolese NGOs, the international NGO protecting human rights defenders, “Protection International”, and by defence lawyers. Our organizations want to call attention to the absolute legitimacy of trial monitoring under international law and the right to publicly express criticism on an ongoing trial.

On 17 April 2008, Jean Bedel Kaniki, (lawyer and member of the NGO Congolese Initiative for Justice and Peace - ICJP), Mr Jean-Paul Ngongo Mundala (member of the NGO Voix des Sans Voix - VOVOLIB NGO and representative of the human rights office of the civil society’s coordination in Bukavu) and Mr Dieudonné Sango (Vice-President of the Provincial Network of Non-Governmental Organizations on Human Rights of the Democratic Republic of Congo-South Kivu — REPRODHOC and coordinator of Social Development Programme - PRODES), received the following death threat: “Do not worry. We’ll see who will laugh at last. You’ll pay with your own blood after the trial that you discredited so much. You know the rule of the game. Looking forward….”. All three are observers at the Maheshe trial. The representative of Protection International in the Democratic Republic of Congo, Mrs Sophie Roudil, received an anonymous text message containing the following: “Do not worry. We’ll see who will laugh at last. . They will pay with their own blood after the trial that they were discredited so much. We are in Congo. Looking forward….”.

The four observers complained on April 19 to police in Bukavu; several hours later, the three Congolese observers received the text message: “Complaint? An attack against? Hum! Ok. The strongest will prevail. It is a matter of time. The wine is drawn… good luck.”. Mrs Sophie Roudil also received the following text message: “With all respects, you are RESPONSIBLE for what will HAPPEN.”

Jean-Claude Mubalama,Charles Cubaka and Donatien Mulumeoderhwa, defence lawyers, also received threatening text messages on April 21 in the evening. Mr. Bahati Mushagalusa Crispin, lawyer from ASADHO (Association Africaine des Droits de l’Homme) claims to have received a threat by telephone on April 19 in the evening.

These threats are serious violations of the right to defend human rights. It is the duty of the Congolese state and the ministries concerned to ensure the safety of defenders.

As a reminder on international law, trial observation is an ancient practice and universally recognized. Trial observation is a manifestation of the right of every individual and association to promote and defend human rights. It is protected by Article 9 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and protect human rights and fundamental freedoms recognized universally adopted by the UN General Assembly (Resolution No. 53/144 of 9 December 1998). This also includes the right “to attend the hearings, proceedings and trials so as to form an opinion on their compliance with national law and applicable international obligations and commitments” ((Article 9 (3) (b)).

As a reminder on the Maheshe case, the UN Mission in the Democratic Republic of Congo (MONUC) noted in its report, published on March 6, 2008, following the verdict in the first instance, that “many and serious violations of fundamental guarantees of the right to a fair trial have been recorded throughout the process”so that“the death sentence of the four defendants is a particularly serious nature […].”. The presence of independent observers can only help the Congolese justice system correct the failures recorded by MONUC in the first instance and finally bring justice to the family of Serge Maheshe, murdered on June 13, 2007.

Regarding the safety of human rights defenders following the trial, several Congolese observers at the trial told the NGO Protection International that they have received strong pressure following the publication of their releases after successive hearings. Protection International, whose mandate is to strengthen the protection of human rights defenders, drew the attention of Congolese Ministries of Interior, Defense, Justice and Human Rights, and the military Auditor General, about the pressures faced by national and international observers.

Our organizations therefore call upon Congolese authorities:

— To react strongly to condemn the threats that the observers at the Maheshe trial have received, prosecute those responsible for intimidation, and implement appropriate safeguards and protection to Jean Bedel, Jean-Pol Ngongo, Dieudonné Sango, Sophie Roudil, Jean-Claude Mubalama, Charles Cubaka, Donatien Mulumeoderhwa and Bahati Mushagalusa Crispin;
— Urgently define and and implement a national policy on protection of human rights defenders and journalists as demanded by Congolese human rights and freedom of the press organizations since the assassination in 2005 of Pascal Kabungulu Kibembi (whose trial was interrupted in late 2005 and has still not resumed);
— To ensure that all guarantees of a fair trial are observed in the case Maheshe underway.

We also call upon European Union Embassies and the European Commission delegation in Kinshasa to strengthen their protection policy in favour of human rights advocates and develop a local strategy for the implementation of the EU Guidelines on human rights defenders , in accordance with the wishes expressed in its 2007 annual report on human rights: “The EU hopes that the establishment of local strategies for the protection of human rights defenders will mark a new stage allowing the Human Rights defenders to conduct the action which is unique to them, free of intimidation.”

Signed by:

• International Federation of Journalists (IFJ)
• Action des Chrétiens pour l’Abolition de la Torture (ACAT France)
• Commission Internationale des Juristes (CIJ)
• Protection International (PI)

For further information, please contact Protection International: Pascale Boosten, +32-479-677-475 // pboosten protectioninternational.org