A/HRC/10/58
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29. Besides opposition members or supporters, others have also been subjected to threats and
ill-treatment. Human rights activists and journalists regularly face death threats, intimidation and
harassment, cruel, inhuman and degrading treatment, arbitrary arrests and detention and
violations of their rights to freedom of movement, speech and association. Since mid-2007, the
UNJHRO has documented 149 cases of human rights violations committed against human rights
activists and journalists, in particular those who are actively involved in the fight against
impunity. The main perpetrators were political and administrative authorities, especially in
remote areas, elements of the FARDC, the Republican Guard, the PNC, ANR and other security
forces.
30. The most emblematic case in this context is that of the murder, on 17 June 2007 of
Radio Okapi journalist Serge Maheshe by unidentified gunmen in Bukavu, South Kivu. On
18 June 2007 the police arrested two FARDC soldiers suspected of carrying out the killing, and
the Bukavu Military Tribunal held a public hearing at which these suspects appeared alongside
10 civilians. Two weeks later, however, two friends of the victim, who had been considered the
only eyewitnesses to the crime, were arrested as the main suspects in the case, along with
two other civilians who had allegedly confessed to the crime. On 28 August 2007, the Bukavu
Military Tribunal convicted and sentenced the four civilians to death and acquitted the
two FARDC suspects originally accused of the crime. The defense appealed the decision. On
8 September 2007, the two accused who had confessed to having committed the crime retracting
their statements, accusing two magistrates from the Office of the Military Prosecutor of Bukavu
of having pressured them into making false statements.
31. On 17 September 2007, MONUC addressed a letter to the authorities calling for a thorough
investigation into the allegations brought against the magistrates, but no such investigation was
conducted. MONUC prepared a detailed report on the trial which was transmitted to the
Congolese authorities. The report concluded that the Bukavu Military Tribunal did not conduct
an impartial trial in accordance with national and international due process standards. The report
documented the lack of an in-depth investigation, important contradictions in the declarations of
the accused who confessed to the crime, the persistent refusal of the tribunal to investigate other
credible leads and to proceed with ballistic and medico-legal verifications which MONUC
offered to facilitate.
32. The appeal trial, which began on 6 February 2008, was characterized by similar
irregularities. No further investigations were conducted by the Court and no ballistic evidence
was presented. Defense lawyers were frequently interrupted or prevented from speaking to the
Court or to their clients, and were systematically censored when trying to question the Court’s
partiality. The trial was conducted in a climate of intimidation; several independent observers
from local and international NGOs, as well as three lawyers for the defense, received death
threats. On 21 May 2008, the Court upheld the convictions and death penalties handed down to
the two civilians accused of carrying out the murder, and acquitted the two eyewitnesses to the
crime. Bizarrely, a third civilian, who had been acquitted in the original trial, was also sentenced
to death for criminal conspiracy. On 22 May 2008, the High Commissioner for Human Rights
and the Special Representative of the Secretary-General in the Democratic Republic of the
Congo issued a joint communiqué welcoming the release of Maheshe’s two friends, but
criticizing the death sentences handed down to the three civilians. They also denounced
irregularities in the trial, stating that the Court had refused to explore credible leads in the case
and to ask for ballistic expertise.
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