| UN Organization Mission in the DRC, 7th
February, 2006
Violations of the right to life, liberty and physical integrity
The FARDC
Ituri
1. Serious human rights violations have reportedly been committed
by FARDC soldiers in the context of military operations in the Mahagi
area. These violations include alleged extra-judicial executions.
Four civilians were reportedly beheaded by the soldiers of the 4th
Brigade, shortly after being taken into custody on 16 December 2005.
At least six civilians were arbitrarily arrested during this incident,
which took place in Awere, near Mahagi, as the FARDC was conducting
military operations to flush out militia in the area. In another
incident, soldiers reportedly shot dead six civilians and injured
two others in a church in the course of military operations on 22
January 2006 in Kagaba area -- 40 km south of Bunia. According to
local sources, there were two children and four women among the
victims. A villager was allegedly burned alive in his home during
a counter attack against militia at Jupawodwegi -- 14 km west of
Mahagi- on 19 December 2005. Another report claims that three men
were arrested the same day at another military post in the area,
at Kudinuara. One of them was beaten so badly that he later died
of his injuries.
2. Another criminal suspect died, allegedly as a result of torture
whilst in military custody. Nineteen civilians were arrested on
the orders of a FARDC commander in Gbii -- 7 Km north of Kasenyi
on 3 January 2006. Three were held at Gbii military camp where one
of them died on 7 January, allegedly after torture.
3. A number of rapes were under investigation in the District including
the following: A 14-year-old girl was allegedly raped by a FARDC
soldier in Awee -- 25 km south-west of Mahagi -- on 3 January 2006.
The victim was on her way to Ndama when a group of soldiers stopped
her in Awee and took her to their house where she was raped. A 17-year-old
Ngiti woman was reportedly raped by a FARDC commander for three
hour in Nombe in Irumu territory during the night of 15-16 January
2006. Two girls, aged 14 and 15 years old were reportedly subjected
to gang rape on 21 and 24 January 2006 in Irumu territory. A woman
was allegedly taken by force to the military camp in Bule -- 10
km from Fataki - by a FARDC soldier and raped on 6 January 2006.
A girl was reportedly raped on 22 January in Rube -- approximately
80 km north-east of Bunia -- after she returned from school; a woman
was allegedly threatened with a bayonet and subsequently raped by
a FARDC soldier in Kor Utong -- 6 km from Mahagi -- on 21 January.
A woman was arrested by two soliders on 7 January 2006 at a control
post at Ter Achu -- 10 km west of Mahagi for not having identity
papers. She was reportedly forced to clean the residence of the
soldiers, before being raped by them. On 8 January, a woman was
stopped at a military post in Awu -- 12 km west of Mahagi and then
reportedly raped by three soldiers. A 15-year-old girl was allegedly
been abducted and another woman subjected to gang rape by a group
of soldiers at Kudikoka -- 15 km west of Mahagi -- also on 8 January.
The abducted girl has not yet been found.
4. A woman and her three children were injured, allegedly by an
armed FARDC soldier in their home in the village of Lodangha --
approximately 300 km north of Bunia -- on 3 January 2006. The shooting
took place after the soldier came to the victims' house and asked
for food which they did not have.
North Kivu
5. A civilian was allegedly killed by a FARDC soldier on a road
outside Beni on 29 December 2006. The victim died on the spot, after
the soldier intoxicated with alcohol, opened fire in a dispute.
Two civilians were reportedly abducted and four houses were set
alight by FARDC soldiers on the same day in the villages of Malolwe
and Tubameme -- 11 km north-west of Beni. FARDC soldiers also reportedly
attacked the villages of Supa and Kalau -- 12 km east of Beni- Mayimoya
-- 45 km north-east of Beni and Eringeti -- 65 km north-east of
Beni- where they looted houses and subjected the population to forced
labour.
6. Four criminal suspects were exposed to the local population
for mob justice, by a FARDC battalion commander in Sake. As a result
of the beatings, one of the suspects was killed on the spot and
a second died of his injuries a week later. The incident occurred
on 28 December 2005 at the stadium Kanduki. The two other suspects
were later handed over to the police, and have since been released
uncharged.
7. A pastor was allegedly killed by a FARDC Battalion Commander,
in the night of 14-15 January 2006 in Boikene neighbourhood in Beni
in connection with a private dispute. The officer, in the company
of his bodyguard and driver, broke into the victim's residence and
killed him with a machete.
8. A demobilized soldier was reportedly beaten to death before
being "crucified" on a tree by soldiers of the FARDC 83rd
Brigade. The incident reportedly occurred on 26 January 2006 at
Bishusha in Masisi Territory. The victim was reportedly killed because
he "deserted the army and left the RCD."
9. A villager was reportedly killed by bullets fired in the course
of looting by soldiers in the locality of Kibutu. During the night
of 29-30 January 2006, the village in Rutshuru territory, North
Kivu, was systematically looted by soldiers.
10. During the night of 15 to 16 January 2006, a civilian was reportedly
subjected to an attempted arbitrary execution by FARDC military
in Butembo. Three soldiers arrested several civilians in the area,
but one man was reportedly caught attempting to warn others about
the presence of the soldiers and was threatened with death by them.
Then the soldiers opened fire and the victim was struck by three
bullets in the chest.
11. Two rapes were reportedly during the month. A woman was allegedly
raped by two FARDC soldiers on 4 January 2006 in the village of
Kisaka -- 40 km from Butembo, as she was collecting water from a
well. In another incident five armed FARDC soldiers allegedly broke
into a private residence in the village of Mabaka -- 21 km north
of Beni -- on the night of 27 January 2006. They threatened and
beat up the owner, raped his wife and looted the house.
12. Soldiers of the 890th battalion in Lubero are allegedly responsible
for the severe ill treatment of a civilian in the evening of 18
January 2006. Eight soldiers stripped and beat a cilvilian with
rifle butts, before tying him transporting him naked to the police
in Lubero, in connection with a private dispute.
13. An elderly civilian was seriously injured by a stray bullet
fired by soldiers in the course of a looting incident in Mahanga
-- approximately 45 km from Masisi town in North Kivuon 30 December
2005, when a group of soldiers demanded food and livestock from
the villagers. When the population protested, the soldier opened
fire hitting the victim in the leg, which was later amputated. Another
civilian was reportedly injured by gunshot in his residence by two
FARDC soldiers from the 83th brigade based in Kirolirwe -- approximately
70 km north-east of Goma -- in the night of 3-4 January 2006.
Other provinces
14. The summary execution of a taxi driver took place in Kinshasa
on 20 January 2006. The incident occurred after a collision between
the taxi and a vehicle belonging to a FARDC General. A lieutenant
traveling in the vehicle shot the taxi man killing him on the spot.
On 22 January, the gunman was arrested at the residence of the General
and on 23 January the Tribunal de garnison de la Gombe, sentenced
him to death and awarded $50,000 damages to the family of the deceased.
MONUC is concerned that his trial was summary and did not fulfill
international standards for fair trial.
15. Nine women claimed to have been raped by members of the 110th
Brigade, based at Luvungi -- 56 km north of Uvira in separate incidents
since November 2006. One of the victims explained to human rights
officers that she was raped and robbed by a solider at her home
in Lubarika -- 66 km north-west of Uvira -- in the evening of 6
January. Another woman described how she and five others were raped
by three solders at Kamanyola - 72km from Uvira in November 2005,
because they were accused of being pro-Mayi Mayi. A minor was reportedly
raped by a soldier on 10 January, while the victim was working in
her family's field at Bilonge -- approximately 73 km south of Uvira.
After intervention by the victim's father with the FARDC commander
at Lweba, the commander forced the victim to marry her alleged rapist.
Her father was forced to pay a "fine" for having accused
the soldier of rape. A 70-year-old woman was allegedly raped by
two FARDC soldiers after they had broken into her private residence
in Lunyenya -- approximately 80 km south-west of Bukavu -- on 26
January 2006.
16. In the night of 29-30 December 2005, eight armed FARDC soldiers
allegedly broke into a private residence in Luamwela -- 22 km from
Mbuji Mayi -- and abducted two women. Later, the women were gang-raped.
In another case, a woman was allegedly raped in the neighborhood
of Béna Kasongo in Mbuji Mayi in the night of 1 January 2006
by FARDC soldiers.
17. A 15-year-old girl was allegedly raped by a FARDC lieutenant
from Bokala camp on 29 December 2005. MONUC notes that attacks on
the civilian population by soldiers from Bokala are ongoing, despite
appeals by MONUC to bring to justice those believed responsible
for a mass rape there in November 2005.
By the Police Nationale Congolaise (PNC)
18. A civilian claims to have been subjected to an attack on his
home by a solider and five policemen at Lwamuela - 22 km from Mbuji
Mayi- at 11pm on 4 January 2006. According to the victim, the six
attackers forced his door by firing at it, he was hit by two bullets
in his leg, but his daughter was shot dead instantly. His son died
from gunshot wounds in hospital the following day.
19. In Kinshasa, the excessive use of force led to the arbitrary
killing of a civilian by a police officer, who fired at and injured
a civilian driving in the commune of Kalamu on 21 January 2006.
The policeman opened fire reportedly as he believed the victim tried
to escape from the scene of a car accident. The victim died on the
way to hospital after the sustained injury.
20. A boy of 17- years old -- was reportedly shot dead in the evening
of 7 January 2006 in the market area of Mwene Ditu. The alleged
perpetrator was the police body guard of a military officer.
By other members of the security forces
21. Three reports of torture by the civilian intelligence agency,
the ANR, have been received by the HRD this month. In Goma, a civilian
criminal suspect claims to have been tortured by officials at the
ANR, after he was arrested and held from 8-10 January 2006. Human
rights officers were able to observe a number of injuries on the
body of the victim which may have been caused by beating, burnings
and other forms of physical violence.
22. In Tshikapa, a civilian claims to have been subjected to acts
of cruel, inhuman and degrading treatment, possibly amounting to
torture by the ANR. The victim was arrested on 6 January when he
refused to allow a passenger on board a cargo plane, then allegedly
seriously beaten.
23. A civilian was reportedly arbitrarily arrested by ANR officers
in Kalemie on 28 December 2005 and detained without charge in the
private residence of the head of the ANR until 8 January 2006. The
victim claims to have been tortured in order to confess to a private
debt.
24. A MONUC staff member was subjected to cruel, inhuman and degrading
treatment by members of the Republican Guard in Kindu. The victim
was subjected to blows from rifle butts by four GR members on 19
January 2006 near Kindu station, for having walked in the vicinity
of the Presidential tents.
The violation of civil liberties
25. Eight members of the PPRD in Bukavu were arrested by the PNC
and another four by the ANR on 18 January 2006 after a peaceful
demonstration calling for new leaders of their party. They were
all released later the same day.
26. A member of the local RCD branch in Baraka -- 91 km south of
Uvira -- was arbitrarily arrested by the ANR and held illegally
on 18 January for having raised the flag of his party. Other members
of the RCD claim to have suffered similar forms of harassment in
the Fizi area in the last few months. Four members of RCD were allegedly
arrested by the ANR in Mitwaba on 11 January 2006, according to
the party representatives. The victims were arrested while on mission
to open party offices in villages in Mitwaba area. The justification
for the arrest was reportedly that the RCD is a rebel movement and
should not be functioning in the area.
27. A human rights defender was arrested on 25 January 2006, by
a FARDC officer, In Kiliba -- 13 km north of Uvira - allegedly for
having encouraged a torture victim to file a case against the same
officer.
28. The head of a Trades Union ''Prospérité'' was
arbitrarily arrested and is held in the Kin Maziere police holding
cells in Kinshasa since 27 January 2006. He was allegedly arrested
following a meeting during which he denounced the irregularities
in payment of salaries in the public sector.
Abuses by armed groups and militia
North and South Kivu
29. Armed Rwandan Hutu groups are reportedly responsible for three
killings, which took place at Kamageme -- 75 km west of Bukavu --
on 22 January 2005. Seven civilians were also reportedly abducted
in the same incident. Two children aged 9 and 14 years old were
also reportedly killed by armed Rwandan Hutu at Kalungu village
-- 78 km west of Bukavu also on 22 January. A woman was reportedly
seriously injured during this incident. Six civilians were reportedly
abducted by FDLR militia on the Karhuliza - Kaniola road -- 62 km
south-west of Bukavu -- in the night of 4 January 2006. One woman
managed to escape and a man was later released.
30. Four women claim to have been raped on 16 January 2006 by 10
armed Rwandan Hutu men near Kamituga -- 200 km south- west of Bukavu
as they were walking towards the provincial capital. Two other women
claim to have been raped in the same area, by the same attackers
on 19 January 2006. A group of 43 women and girls claim to have
been attacked in their homes in Kaziba -- approximately 200 km south
of Shabunda -- by armed Rwandan Hutu groups on 10 January 2006 wielding
guns, machetes, spears and knives. In the majority of cases, their
attackers appeared to be motivated by theft and stole a number of
household items. Six of the victims claim to have been physically
attacked .Two girls of 12 and 14 years old and an adult man were
also allegedly abducted during this attack. The man is said to have
escaped his abductors. A further 31 women of the Bisembe-Mwenga
area -- 172 km south west of Bukavu -- claim that their houses were
looted and all their belongings were stolen by Rwandan Hutu groups
on 6 January 2006. The women, all married to FARDC military, were
allegedly attacked while their husbands were on their way to Bukavu
for the brassage.
31. The FDLR allegedly looted the village of Humura near Masisi
-- approximately 50 km north-west of Goma in the night of 5-6 January
2006. The same combatants reportedly looted the village of Katanga
in the night of 11-12 January. Two women were allegedly raped by
three armed Rwandan Hutu, based in the Virunga National Park near
Lake Edward, in the night of 21-22 December 2005 in the village
of Talihya -- approximately 100 km south-east of Butembo, according
to a local NGO. The perpetrators reportedly broke into the victims'
house, threatened their father and preceded to gang-rape the women.
Katanga
32. Mayi Mayi (Gédéon) reportedly killed four civilians
n early January 2006 in the Pweto area. In the same period, another
civilian was allegedly abducted in Kapulo -- 60 km from Pweto. On
16 January 2006, ex- Mayi Mayi combatants allegedly burnt the villages
of Dilenda and Kazeba -- 100 km from Pweto.
Administration of justice
33. The Central Prison of Tshikapa has no drinking water and detainees
drink water straight from the Kasai River. The detainees lack of
food and medical care; many of them are in the advanced stage of
malnutrition. The Director reportedly sends inmates to beg for food
by the road outside the prison. Some detainees have been waiting
for their cases to come to court since 2004.
34. Seventeen women have filed charges for rape with the military
prosecutor's office in Bunia. The women from Gety locality in Irumu
Territory claim to have been raped by FARDC soldiers based near
their homes during the months of November and December 2005. Two
teenage girls and a five year old child were among a total of 19
alleged victims.
35. The ill-treatment and torture of detainees at Kinshasa's main
police station, the IPK, is systematic. The majority of detainees
present visible signs of beatings and of being tied-up. Corroborated
testimony indicates that detainees are taken outside and tied up
with their arms around a post. They are then beaten and whipped
by policemen, sometimes in a bid to obtain information, or simply
to "punish" the victim.
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