E/CN.4/1994/31
page 134
transferred to the dungeons of the gendarmerie (CIRCO). Mr. Ngefa Atondoko
was reported to have been released while still at the airport, after having
been beaten. (23 December 1993)
661. Olenga Nkoy, adviser and official representative of Prime Minister
Tshisekedi, was arrested on 29 April 1993 and taken to the CIRCO
("Circonscription militaire") in Kinshasa where, according to witnesses, he
was being tortured. He was reportedly charged with instigating a revolt
against the legally established authority. (4 May 1993) Another urgent
appeal was sent to the Government on behalf of Olenga Nkoy on 14 May 1993,
given the fact that he had been reportedly released and again arrested a few
days later.
662. With respect to this case the Government replied on 9 August 1993 that
Olenga Nkoy was being prosecuted for the following offences punishable under
Zairian law: insulting the Head of State; incitement of the population
against the established Government and inciting the armed forces to
disobedience. A warrant for his provisional detention had been issued, in
accordance with the regulations, by the judge in chambers and the officer of
the Government Procurator’s Office had made an application for judicial review
to the Supreme Court of Justice. Meanwhile, the defendant remained in
detention and could receive visitors.
663. By virtue of the Penal Code, book 1, article 67, the Zairian Government
characterized torture as a crime; therefore, it could not authorize or
tolerate it. Consequently, the defendant was safe and sound and his physical
integrity was inviolate.
664. Tabura Kabuga, Musabimana, Nzabomimana, Ndambara, Kabunga, Ndayambaje,
Kasuka, Muhozi and Kacuku wa Ngeyo, said to be part of a group of about
20 members of the Banyarwanda ethnic group, were reportedly arrested on or
around 13 August 1993 in Goma, in the region of Kivu Nord, in the eastern
part of the country. Shortly after the arrest, they were allegedly taken
to Kinshasa, but their exact place of detention was not known.
(1 September 1993)
Zambia
Information transmitted to the Government
665. By letter dated 29 October 1993 the Special Rapporteur informed the
Government of allegations he had received concerning Cuthbert Ngune, Member of
Parliament for Chipata, and Henry Kamima, former head of security when the
United National Independence Party was in government. They were reportedly
arrested at the beginning of March 1993 under the Preservation of Public
Security Regulations which came into force after a state of emergency was
declared on 4 March 1993. It was alleged that Mr. Nguni was questioned
without a break for 39 hours, during which time he was made to balance on two
bricks, to perform exercises that involved spinning in one place to induce
dizziness and that when he fell to the ground he was kicked. Mr. Kanima was
reported to have been tied to a chair and punched.
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