CCPR/C/115/D/2214/2012
discussed the author. They accused him of having divulged to opposition members of
the parliament and to political opponents living abroad information about the bank’s
management that was deemed confidential. He was asked to telephone the President to
assure the latter of his intentions, but did not comply. The call he received was made
at a time when the aforementioned consultancy contract was under heated public
attack and the case had been submitted to parliament. 1
2.6 On 11 December 2008, at around 6.30 a.m., three agents from the National
Intelligence Agency (ANR) arrived at the author ’s home dressed in civilian clothing.
They informed him that he was under arrest. They were acting on orders from Mr.
K.M., Senior Director of the ANR Department for Internal Security. When the author
asked them to present an arrest warrant, the agents pointed their guns a t him and
handcuffed him in the presence of one of his daughters. They gave him no indication
as to the reasons for his arrest, despite his requests. He was taken outside and forced
into one of the two jeeps, which were dark-coloured, had tinted glass and no licence
plates. Inside the vehicle, one of the agents took from the author 300 dollars that he
had on his person.
2.7 The author was taken to a small house that had been requisitioned by ANR;
there, he underwent preliminary questioning to confirm his id entity. The agents asked
him for his full name, whether he had worked previously at Banque Congolaise and
whether he had a clear conscience. Still in handcuffs, and while the agents waited for
their supervisor to arrive (according to what they told him), h e was locked in a small
room measuring 3 metres by 4 that was used as a cell, with a tiny window that allowed
very little light in. There was a nauseating stench in the room, which had a heavy
metal mesh door through which the agents could observe him. The author was
subsequently transferred to an ANR detention centre not far from the Prime Minister ’s
office in Kinshasa. His clothes were taken away, leaving him in his underwear, and he
was placed in an isolation cell, which he shared with a young woman. The two were
kept in the same cells throughout the author ’s detention (see below). The author had
no contact with any other prisoners aside from this woman, except for one evening
when a Sudanese prisoner was put in their cell for three hours.
2.8 The cell measured barely 3 square metres. It had no windows and no furniture.
The author and the other prisoner slept on the concrete floor. A bucket was left in the
room for them to use as a toilet. The author was deprived of food and water during the
first two days of his detention. During the days that followed, the young woman
shared her meals with him. The room was permeated by a sickening stench. On two
occasions, the author and the other prisoner were moved temporarily to other cells that
were even smaller and dirtier than the first and had no light at all.
2.9 During the seven days he was detained, the author had no access at any time to a
lawyer and was not brought before a judge. He received no medical care and was not
allowed to be seen by a doctor, nor was he allowed to receive visits from his family or
to have any contact whatsoever with them. He left the cell solely for questioning.
During his detention, he was taken almost every day to a separate room where he
underwent questioning, during which he was subjected to torture and other illtreatment.
2.10 Each morning, the author was forced to submerge his head in a bucket full of
prisoners’ urine. During each interrogation, he was beaten severely, including being
kicked and struck with a revolver in the groin and upper thighs. He was also subjected
to having metal clamps attached to his testicles and tongue on a regular basis, to
choking and to blows to the lower abdomen. During one of the interrogations, a guard
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4/17
In early January 2011, Banque Congolaise was closed in unexplained circumstances following a
forced liquidation.
GE.15-22873