E/CN.4/2000/9
page 63
1996 of the principle of providing a direct right of compensation pursuant to
findings of the Human Rights Committee and the Inter-American Commission on
Human Rights is also highly laudable. He hopes that the draft reform of the
Military Penal Code as described will soon enter into force. Nevertheless, he is
constrained to note that, in respect of the numerous cases on which the
Government has responded, only one investigation resulted in a sanction, namely
the disciplinary sanction of suspension of duty for 60 days. This represents a
clear continuation of the persistent problem of impunity for violation of human
rights within the mandate of the Special Rapporteur.
Democratic Republic of the Congo
Regular communications and replies received
297.
By letter dated 4 October 1999 transmitted jointly with the Special
Rapporteur on the promotion and protection of the right to freedom of opinion
and expression, the Special Rapporteur informed the Government that he had
received information on the following cases.
298.
Freddy Loseke Lisumbu-La-Yayenga, editor of the newspaper La Libre
Afrique, was reportedly arrested on 22 December 1998 in Place Victoire, in the
Kalamu sector, by three members of the national police, and taken by the
Presidential Protection Unit (GSSP) to the "GLM" building in Gombé, where he was
allegedly given 150 lashes with a whip. He is said to have then been
interrogated on an article that was published that day in his newspaper. He was
then taken to the President's chief of staff, who reportedly urged him to
"collaborate" before any article was published, and then ordered him released.
The Special Rapporteur on the situation of human rights in the Democratic
Republic of the Congo mentioned the case in his complaints letter dated
30 December 1998.
299.
Christophe Bintu and Bienvenu Kasole, two human rights defenders, are
said to have been arrested on 12 January 1999 and released from the camp at
Kokolo on 20 January 1999. They were allegedly beaten during their arrest.
Mr. Bintu's arm reportedly bled for two days but he received no medical
treatment. The Special Rapporteur on the situation of human rights in the
Democratic Republic of the Congo mentioned the case in his complaints letter
dated 15 March 1999.
300.
Jean-Baptiste Makoko, treasurer of the Lotus Group, a non-governmental
organization concerned with human rights in Kisangani, was reportedly arrested
on 10 December 1997 by three soldiers who beat him. He was allegedly accused of
having photographed bodies of dead soldiers at Kisangani hospital and of working
in the field of human rights. He was reportedly released without charge on
16 December.
301.
Albert Gilbert Bosangi Yema, editor-in-chief of the newspapers L'Arme and
L'Essor Africain, is said to have been arrested on 7 February 1998, allegedly
because of a L'Arme article criticizing the arrest of Joseph Olengha N'Koy,
president of a political movement called the Forces novatrices pour l'union et
la solidarité (FONUS). He was allegedly accused of jeopardizing State security
and is said to have been taken to the Penitentiary and Reform Centre of
Kinshasa, formerly Makala central prison. He is a diabetic and suffers from
rheumatism, and his health has reportedly deteriorated during his incarceration.
He was allegedly hit with truncheons after his arrest and is said to have been
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