A/HRC/4/7
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47.
It should also be noted that several senior military officers, including Peter Karim, leader
of the Front nationaliste et intégrationniste (FNI), and Mathieu Ngudjolo, leader of the
Mouvement révolutionnaire congolais (MRC), two militias active in Ituri (eastern region), were
promoted to the rank of colonels of the FARDC by presidential decrees of 2 October 2006.
48.
The trial of the presumed assassins of journalist Franck Ngyke and his wife
Hélène Mpaka is now under way in the Kinshasa/Matete garrison court. The Public Prosecutor
has not ruled out political motives nor the possibility of summoning politicians linked to the Parti
du peuple pour la reconstruction de la démocratie (PPRD) who are allegedly involved in this
dual murder.
49.
On 11 September 2006, Sergeant Kipande Kasokota of the FARDC forces was sentenced
to 20 years’ imprisonment by the Kalemie garrison court for rape, assault and attempted murder
of a minor. The convicted offender will be dismissed from the FARDC forces.
50.
On 6 November 2006, a lieutenant of the FARDC’s naval forces was sentenced
to 20 years in prison by the Kalemie garrison court for a rape that took place during the night
of 17-18 October. The convicted offender was also dismissed from the army.
51.
On 16 November, the Kalemie garrison court sentenced a PNC officer to 15 years in
prison for rape. The victim, a heavily pregnant woman, was detained in a PNC cell in Tumbwe,
near Kalemie. The convicted officer was also sentenced to pay 115,000 Congolese francs in
legal expenses and the equivalent of US$ 2,000 as damages to the victim’s family.
52.
On 20 November, the Ituri garrison court, in a circuit court hearing in Watshia, sentenced
soldiers and civilians to sentences ranging from 2 to 20 years in prison for misappropriating
ammunition and other property belonging to the FARDC.
53.
On 8 December 2006, the Kikwit garrison court (Bandundu region), sentenced six police
prison guards charged with having freed prisoners. They had released 34 prisoners - 17 civilians
and 17 soldiers - because, according to their personal interpretation, the phrase pronounced by
the Head of State in his investiture address of 6 December - “the prison doors are open to all
those who transgress the law” - amounted to a presidential amnesty. According to the OHCHR
report dated 16 December, the released prisoners were recaptured.
54.
On 11 December, the Mweka national police commander and five of his junior officers
appeared before the Luebo regional court (western Kasaï region) on charges of the arbitrary
arrest, illegal detention, fraud, assault and wounding with intent of national electoral observer
Robert Ngolo. The incidents dated back to 30 July 2006, during the first round of the
presidential and legislative elections.
55.
The Lubumbashi military court (Katanga province) on 12 December held its first public
hearing of the Kilwa massacre trial; the hearing was devoted to identifying the 12 accused - all
soldiers - involved in summary executions, rapes, torture, looting and other human rights
violations in Kilwa in October 2004. The crimes were said to have been committed during a
military operation carried out to quell a small-scale rebellion in Kilwa. Among the accused was
Colonel Ademar Llunga, former commander of the 62nd FARDC brigade, who had led the
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