CCPR/C/115/D/2214/2012
lifted the author by the throat and then attached a clamp to his tongue. The author was
also raped in his cell by three guards. The interrogations were conducted by two
unidentified ANR agents in the presence of Mr. K.M., Senior Director of Internal
Security, and other agents. A young guard took a photograph of the author, saying it
was standard practice. 2
2.11 On 15 December 2008, the author was taken to a room located on the floor set
aside for administrative offices for three and a half hours of questioning; it was during
the questioning that an ANR legal officer finally informed him of the accusations
made against him. The following day, he was questioned in his cell for four hours in
the presence of the other prisoner. This interrogation was extremely violent, as the
seven agents present were especially angry because of the public outcry over his
detention.
2.12 On the evening of 17 December 2008, three agents entered his cell and told the
other prisoner to get undressed. When the author objected, they threatened to tear out
his tongue with a pair of pliers. After raping the young woman, they pushed the author
to the ground and raped him. This was clearly intended to humiliate and break the
author so that he would finally give in and tell them the information he had. Following
the rape, the pain in his abdomen worsened seriously and left him writhing in pain on
the ground. On 18 December, the pain in his abdomen worsened further and the author
heard an agent say to another that it would be better to seek some care for him since
they still had not obtained the information they were looking for. The author was taken
to the medical centre in Bandal. During the night, the author was able to contact a
friend and, thanks to help from the medical staff, who were themselves later subjected
to threats, he was able to escape. He headed to the border with the Republic of the
Congo, and from there reached Brazzaville on 19 December 2008. ANR then issued a
public statement claiming that the author had been set free.
2.13 In early 2009, the author was targeted by a media smear campaign launched by
Banque Congolaise. The campaign has tarnished his reputation by spreading a series
of lies about the author ’s activities while at the bank.
2.14 The author travelled to the United Kingdom of Great Britain and Northern
Ireland, for which he held a visa, and was granted refugee status there on 2 October
2009. His wife and three daughters were issued visas on 22 September 2010 and
arrived in the United Kingdom on 5 October 2010.
2.15 After the author’s escape, his family and friends were placed under close
surveillance and subjected to acts of intimidation. As a result, the author and his
family have very limited contact with their friends in the Democratic Republic of the
Congo out of fear that the latter will be targeted by reprisals.
2.16 With regard to exhausting all domestic remedies, on 17 December 2008, the
author’s brother filed a complaint with the Attorney General of the Republic against
ANR for abduction and arbitrary detention. The complaint stated that the author h ad
been arrested by ANR agents, that he had not been brought before a judge after his
arrest and that, as he was not allowed to receive any visits from his family, his family
was worried about his health and how he was being treated by ANR. The complaint
made reference to provisions of the Criminal Code and to relevant international
conventions. 3 On 23 December 2008, the author ’s brother withdrew the complaint in
__________________
2
3
GE.15-22873
The photograph was published by Congo Indépendant in an article entitled “L’Ofida sous la coupe
d’une maffia euro-congolo-libanaise” [Congo Customs and Excise Office under thumb of
European-Congolese-Lebanese mafia], 18 June 2009 [a copy of the article is included in the
author’s file].
The date stamp showing receipt of the complaint is 18 December 2008 (a copy of the complaint is
included in the author ’s file).
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