THE POLITICAL PRISONER EUGENE DIOMI NDONGALA – ALL THE DOCUMENTS CONCERNING HIS FIGHT FOR FREEDOM AND DEMOCRACY IN DRC / English

« THE FIGHT AND PERSECUTION OF THE POLITICAL PRISONER

EUGENE DIOMI NDONGALA »

The National President of the Christian Democracy, the Honorable Eugène Diomi Ndongala renounced, at the end of 2010, to present his candidacy for the presidential election in favor of the President of the UDPS, Mr. Etienne Tshisekedi. At the same time, in support of Mr. Tshisekedi, he organized the electoral platform named « Sacred Union for Alternation (USA). Elected national deputy in 2012, he decided to boycott the National Assembly as a protest for the lack of credibility of the presidential and legislative elections of 2011, tainted by serious irregularities. In support of President Etienne Tshisekedi, he also organized a platform demanding for the truth of the polls named « People’s Presidential Majority (MPP).

The day scheduled for the signing ceremony of the MPP Constitutive Charter by several dozen political parties and civil society organizations, on June 27, 2012, Diomi was abducted and held incommunicado under very precarious conditions for three months. At the same time, the headquarter of Christian Democracy was occupied by the police and was never returned to the party to this day. Liberated by the strong pressure exerted especially by President François Hollande, on the eve of the Francophonie Summit held in Kinshasa in October 2012, Eugène Diomi Ndongala never gave up political activities as an opposition leader hostage of the Kabilist system, because of his political views, which are rooted in the defense of democratic principles and the rule of law.

He was abducted on the night of April 8, 2013, and later charged with fictitious accusations and undermining state security, both charges insubstantial and fabricated.

Diomi was sentenced to 10 years in prison, in a fallacious trial without the right of appeal, evidences, respect for the rights of the defense, and without the pleadings of lawyers. In brief, He was sentenced in a political process controlled and held behind closed doors, by a chamber of Supreme Court of Justice abnormally composed by only 5 judges rather than 7, as it should have been the case according to the Framework Law governing the functioning and composition of the Court of Cassation; which renders his conviction void in law.

During his detention, because of the physical and moral tortures endured, he underwent surgical interventions in emergencies, due to the aggravation of his state of health resulting from repeated refusals to grant him appropriate care, to the point of being hospitalized « in extremis”, in April 2015, due to serious heart conditions for which he received only palliative care to this day.

A written request from the European Union to release him, dated April 2017, addressed to the Congolese government, remained unanswered by the executive in place.

In September 2014, the Honorable Eugène Diomi Ndongala lodged a complaint with the United Nations Human Rights Committee (UNHRC) which, during a contradictory procedure that lasted more than two years, and resulted in the condemnation of the DRC. The UNHRC pronounced its sentence against the DRC following the violation of 98 provisions of the International Covenant on Civil and Political Rights and the Optional Protocol to the said Covenant. The UNHRC decided, by its decision N ° 2465/2014 of November 16, 2016, for the immediate release, cancellation of the iniquitous, rogue condemnation and the compensation of the Honorable Eugène Diomi Ndongala.

During the 35th and 36th sessions of the UN Human Rights Council in Geneva, the Government of the DRC, represented by Ms. Mushobekwa, Minister of Human Rights, agreed to give full effect to the decision 2465/2016 of the UNHRC but this commitment decision remains unfulfilled. The report on the implementation of this decision, which should have been transmitted to the rapporteur appointed by the UNHRC in order to monitor the implementation of Decision No. 2465/2016, was never transmitted to the United Nations Human Rights Council, contrary to the commitment made by the Congolese executive.

In May 2017, the National Commission of Human Rights of the Democratic Republic of Congo, CNDH-DRC, seized by the Honorable Eugène Diomi Ndongala by virtue of its competence of Institution of support to the Democracy in charge of the interpretation of international human rights treaties, formally declared, in writing, for the full implementation of UNHRC decision 2465/2014, by the Congolese State, in accordance with Article 215 of the Constitution and in compliance with the international obligations of the DRC. The CNDH-DRC, by correspondence dated 29 May 2017 addressed to the Ministers of Justice and Human Rights, also advised the Congolese authorities on the procedure to be followed for the implementation of UNHRC decision 2465/2014 as binding decision for the DRC, in accordance with art. 215 of the Constitution of the DRC. This has remained unfulfilled to this day.

In December 2016, the New Sylvester Political Accord, signed by the political opposition and the majority Kabilist, under the moderation of the Catholic Bishops gathered in the National Episcopal Conference of Congo (CENCO) agreed to the adoption of measures of political relaxation, citing particularly the names of political prisoners, defined as emblematic, who should have been released at the end of the negotiations. The National President of the Christian Democracy, the Honorable Eugène Diomi Ndongala is mentioned by name in chapter V of the Political Agreement of 12/31/2016 among the emblematic political prisoners benefiting from the measures of political relaxation agreed at the end of the negotiations. Chapter V of the New Year’s Eve Agreement has remained a dead letter to this day.

In the last General Assembly held in Saint Petersburg, the Inter-Parliamentary Union (IPU) has adopted the resolution No. DRC71 on October 18, 2017, concerning the case of the deputy Eugène Diomi Ndongala. IPU reconstructed the history of violent and long-standing political harassment of which Diomi has remained a victim since 2012 and demanded its immediate release, while recalling that the parliamentary authorities of the DRC had undertaken to do so, in writing, in correspondence addressed to the governing bodies of the IPU, for three years.

In August 2017, the World Organization against Torture (OMCT) issued a World Appeal for the release of political prisoner Eugène Diomi Ndongala, his illegal detention being considered a form of torture imposed on Diomi. Previously, both Amnesty International and Human Right Watch had commented on his case.

Release the emblematic political prisoner Eugene Diomi Ndongala and JUSTICE will prevail.

DIOMI 39

Human Rights Committee/ UN – Decision n°2465/2014 Eugène Diomi Ndongala versus The Democratic Republic of Congo

2465.2414 ENGLISH

2465.2014 CDH-ONU ENGLISH

WORLD ORGANISATION AGAINST TORTURE CAMPAIGN TO URGE DRC AUTHORITIES TO RELEASE EUGENE DIOMI NDONGALA

Gerald Staberock

Secrétaire général

OMCT

Georges Kapiamba

Président

ACAJ

traduction libre DC/

Open letter to the President of Democratic Republic of Congo

Geneva,

12th July 2017

The World Organisation Against Torture (WOAT – OMCT) – is the world’s largest coalition of non-governmental organisation fighting against arbitrary detention, torture, summary and extrajudicial executions, forced disappearances and and other cruel, inhuman or degrading treatment – and Congolese Association for Access to Justice (ACAJ) – NGO apolitical working for the promotion and the defense of human rights, democracy and the respect of the rule of law in Congo – are extremely concerned about the current detention of M. Eugène DIOMI NDONGALA, despite the request for release made by the Human Rights Committee of the United Nations.

M. Eugène DIOMI NDONGALA, president of the opposition political party “Démocratie Chretienne” and spokesperson of “Majorité Présidentielle Populaire” was kidnaped on June 27th,2012 by agents of security services and then was detained in secret for 3 months and 13 days until October 23rd, 2012. Although on June 28th, 2012 a mandate was delivered to him for rape of two minors, the political opponent affirms that he was only interrogated on the strategies of opposition parties to take over power.

Freed during the night of October 10th, 2012 and left on a road in Kinshasa, he raised a claim for kidnapping, detention in secret and mistreatment to the Auditor General of armed forces on October 15th, 2012. On April 8th, 2013, M.Eugène DIOMI NDONGALA is again arrested by the police and placed in preventive detention but was only informed of the charges retained against him 10 days later: “Rape and maintenance of an insurrectional movement called imperium.”

During his preventive detention, he sustains having suffered from mistreatments, for this reason, he had to pass medical examinations at the hospital center in the central prison of Makala in Kinshasa. Despite the recommendation to transfer him to a better equipped center for his medical care, authorities have disregarded this recommendation and deprived M.Eugène DIOMI NDONGALA of adequate medical support during his imprisonment.

On Mars 26th, 2014 by the judgment of the Supreme Court of Justice, M.Eugène DIOMI NDONGALA was sentenced to 10 years of firm reclusion for rape.

The Court having held the case at first and last instance, all available domestic route of appeal were exhausted, that is why, M.Eugène DIOMI NDONGALA was able to claim before The committee of human rights of the United Nations which concluded to a breach of the International Covenant on Civil and Political Rights on November 3rd, 2016.

In particular, the committee found that none of the allegations made by M. Eugene DIOMI NDONGALA of kidnapping, arbitrary detention and mistreatment were the object of an investigation.

Furthermore, according to the Committee, M. DIOMI NDONGALA was deprived of adequate medical care during his imprisonment. In fact, he was transferred to hospital for few days after a brutal faint but was brought back to prison despite his precarious condition.

Moreover, according to the Committee, M. DIOMI NDONGALA was not judged by an independent and impartial tribunal: in fact, the composition of 5 magistrates of the chamber having judge him in the Court de Cassation was not conform to internal legislation and should have been constituted of at least 7 magistrates. Also, his rights to defense were violated: having suffered from a choking and physically incapable of speaking, M. Eugène DIOMI NDONGALA was denied a brief refit to bring back his lawyers in the room.

Hence, for all theses reasons above, the Committee has recommended that the State takes appropriate actions to free the auteur immediately, cancellation of his conviction and compensate him adequately.

Until now, none of the recommendations were implemented. In this regard, the OMCT and ACAJ are particularly concerned about the current arbitrary detention of M.Eugène DIOMI NDONGALA. We call on the authorities of the Democratic Republic of Congo to implement the recommendations of the Human Rights Committee of the United Nations as soon as possible, and to insure in first place the immediate and unconditional liberation of M. Eugene DIOMI NDONGALA as well as his physical and psychological integrity. Additionally, OMCT and ACAJ ask that the State insure the effective protection of human rights defenders and political opponent, especially those exposed to any form of harassment, arbitrary detention, torture and other serious violence of human right.

Confident of the attention you will confer to our action, we look forward to receiving your response,

Respectfully

Gerald Staberock

General Secretary

OMCT

Georges Kapiamba

Président

ACAJ

DIOMI OMCT

https://democratiechretienne.org/2017/07/13/l-organisation-mondiale-contre-la-torture-omct-ecrit-au-president-joseph-kabila-pour-demander-la-liberation-de-lopposant-eugene-diomi-ndongala/

IPU DIOMI SAINT PETERSBURG.JPG

….

IPU PAG 7 SAINT PETERSBURG

The complete IPU (INTER PARLEMENT UNION) resolution on the case of Mr. Eugène Diomi Ndongala:

Cliquer pour accéder à hrres201-en.pdf

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OPEN LETTER TO PRESIDENT BARACK OBAMA / by EUGENE DIOMI NDONGALA

https://democratiechretienne.org/2014/07/31/open-letter-to-president-barack-obama-by-eugene-diomi-ndongala/

AMNESTY INTERNANTIONAL :

Document – DRC: Fears for missing political opponent in DRC: Diomi Ndongala

URGENT ACTION

UA: 246/12 Index: AFR 62/010/2012 Democratic Republic of Congo Date: 23 August 2012

URGENT ACTION

FEARS FOR MISSING POLITICAL OPPONENT IN DRC

A prominent Congolese political opponent, Diomi Ndongala, went missing in Kinshasa, the capital of the Democratic Republic of Congo (DRC) on 27 June. He is reportedly detained incommunicado by the intelligence services in Kinshasa.

Diomi Ndongala is a member of parliament and head of the political party Démocratie Chrétienne (DC) At around 11.30 am on 27 June, he left his house in his car (a white Mitsubishi with tinted windows) to attend an event organized by his political party at the Cathedral Notre Dame du Congo in Kinshasa. At the event, he was supposed to officially sign a Charter “la plateforme de la majorité présidentielle populaire”, which would have established a coalition with other political parties. Diomi Ndongala never reached the Cathedral and nobody, including his family, has seen or heard from him since.

On 28 June, a government spokesperson announced that an important figure of the opposition had been arrested on charges of rape. The same day, the General Prosecutor stated that Diomi Ndongala had fled after an arrest warrant had been issued against him for the rape of two minors. Since this statement, the Congolese authorities have denied detaining Diomi Ndongala.

Recent information has revealed that Diomi Ndongala is being detained incommunicado by the intelligence services in Kinshasa. According to several sources, he was first located at the Tchatchi military camp and then at the 3rd Directorate of the ANR (National Intelligence Services) in Kinshasa, where he was reportedly detained until 2 August. According to other sources, he was seen around 16 August at the Cité de l’OUA, a complex owned by the Presidency. According to these sources, Diomi Ndongala is in poor health and has lost a lot of weight due to a lack of food and being denied treatment for his chronic medical conditions.

Despite a complaint by his relatives and lawyer, they have not received any answer from the General Prosecutor or the Congolese government regarding the whereabouts of Diomi Ndongala or his current state of health.

Please write immediately in French or your own language:

Urging the Congolese authorities to immediately disclose the whereabouts of Diomi Ndongala;

Urging the Congolese authorities to immediately give Diomi Ndongala access to any medical care he requires;

Urging the Congolese authorities to immediately provide Diomi Ndongala access to his relatives and lawyers;

PLEASE SEND APPEALS BEFORE 4 OCTOBER 2012:

Image result for DIOMI NDONGALA

Additional Information

Diomi Ndangala is 50 years old. He has four children. He is a prominent political figure in the Democratic Republic of Congo (DRC). Under the government of President Mobutu Sese Seko, he was Deputy Minister of Economy and Finance before deciding to start his own political party. As a national MP, there are certain conditions that regulate any prosecution or arrest. According to article 107 of the Constitution of the DRC and article 89 of the Internal rules of the National Assembly, “an MP can be arrested only with the preliminary authorisation of the National Assembly or the Senate cabinet except if the person has been caught red-handed, the prosecution is authorised or in case of final sentence”. In this case, none of these conditions has been respected.

In the past, he has been arrested and tortured several times by the security forces due to his political activities. In 1998, Amnesty International issued an Urgent Action calling for his immediate release while he was arbitrarily detained by the military police in Kinshasa. See UA 04/98, AI Index: AFR 62/02/98, http://amnesty.org/en/library/info/AFR62/002/1998/en

Name: Diomi Ndongala Eugène

Gender m/f: Male

diomi stade UA: 246/12 Index: AFR 62/010/2012 Issue Date: 23 August 2012

http://www.amnesty.org/en/library/asset/AFR62/010/2012/en/ee8c876e-2392-40ba-8866-af4938167754/afr620102012en.html

Publicités

https://democratiechretienne.org/2012/08/23/amnisty-international-drc-fears-for-missing-political-opponent-in-drc-diomi-ndongalaurgent-action/

- Logo

HRW World Report 2014 – Democratic Republic of Congo

http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search&docid=52dfddf2b&skip=0&advsearch=y&process=y&allwords=EUGENE%20DIOMI%20NDONGALA&exactphrase=&atleastone=&without=&title=&monthfrom=&yearfrom=2013&monthto=&yearto=&coa=&language=EN&citation=

Amnesty International

INDEX: AFR 62/014/2012 ISSUE DATE: 12 OCTOBER 2012
FURTHER INFORMATION	URGENT ACTION	X FI UA 246/12-2
POLITICAL OPPONENT RELEASED AFTER 100 DAYS
DEMOCRATIC REPUBLIC OF CONGO

On 11 October, Congolese political opponent Diomi Ndongala Eugene was released from detention in Kinshasa, capital of the Democratic Republic of Congo.

Member of parliament and head of the political party Démocratie Chrétienne (DC), Diomi Ndongala Eugene, went missing on 27 June on his way to the Cathedrale Notre Dame du Congo, in Kinshasa, to officially sign a charter («la plateforme de la majorité présidentielle populaire»), which would have established a coalition with other political parties. Diomi Ndongala Eugene did not reach the Cathedrale and was not heard from thereafter.

A few weeks later, several sources confirmed that he was detained incommunicado by the intelligence services in Kinshasa and that he was in poor health. This was due to a lack of food and being denied treatment for his chronic medical conditions.

At around 1:00 am on 11 October, Diomi Ndongala Eugene was left on Matadi Road by those who detained him.Bystanders assisted him and contacted his family. He is currently in poor health and receiving medical treatment at home. Diomi Ndongala Eugene’s family thanked Amnesty International for helping to ensure his release. They also expressed gratitude for our mobilisation and support during this difficult period.

No further action is requested from the UA network. Many thanks to all who sent appeals.

****************************************

HRW

https://www.hrw.org/blog-feed/democratic-republic-congo-crisis#blog-299587

Political accord of the 31/12/2016 andpolitical prisoners to be free /HRW

https://www.hrw.org/content/299587

Democratic Republic of Congo in Crisis

https://www.hrw.org/world-report/2014/country-chapters/democratic-republic-congo

https://www.hrw.org/news/2013/09/24/democratic-republic-congo-upr-submission-september-2013

dc rassop liberation prisonniers politiques diomi et ngoy banderole

If Patrice Lumumba was imprisoned today…

Supposedly everyone knows who Patrice Lumumba was. If before reading these lines they were ignorant about him, I…

If Patrice Lumumba was imprisoned today…

Posted on April 15, 2013 | 6 Comments

Supposedly everyone knows who Patrice Lumumba was. If before reading these lines they were ignorant about him, I suppose they might be foreign to the Congolese history particularly, or African independence period all together. That means that they didn’t either know who Nkwame Nkrumah was. But to give them a clue, from 5^thto 13th December 1958, the latter organized a continental meeting in Accra [All African Peoples’ Conference] that the former attended.

The reason I am asking if Patrice Lumumba was imprisoned today is further to a letter said to be from the Honorable Eugene Diomi Ndongala, a Congolese member of parliament, written to his wife Patrizia and published on 13/4/13 on the website of the politician party – La Democracie Chretienne. As those following the DRC politics must already know, Diomi was again taken into prison on Monday night 8/4/13 from his residence in Kinshasa by police forces led by Colonel Kanyama.

“Now they want to deprive us of our land after having nourished it for years with the blood of our mothers, our fathers and children slaughtered by the millions ….”

Last year I wrote about the disappearance and release of the Congolese parliamentarian. He stayed detained for almost 100 days. It was only after a strong campaign from friends, family and international pressure that he was given back his freedom of relative movement [he was denied to leave DRC for treatment] after months of torture and living under inhumane conditions in the hands of the Congolese dictatorial regime.

Patrice Lumumba, also feeling close to the end of his life once in the hands of his torturers, found time to write to his wife a letter which has become famous. He explains in that letter the motives of his struggle for which he was ready to accept the ultimate sacrifice: his own life.

“… what we wished for our country, its rights to an honorable life, to unstained dignity, to independence without restrictions, was never desired by the Belgian imperialists and the Western allies, who found direct and indirect allies, both deliberate and unintentional, amongst certain high officials of the United Nations, that organization in which we placed all our trust when we called on its assistance. …”

In the ongoing Congolese tragedy which started with both the end of the 1994 Rwandan genocide and the invasion of DRC by a joint coalition of Burundian, Rwandan and Ugandan forces in 1996, there have been a few Congolese names inside the country whose views have been internationally acknowledged as standing firmly against all odds to defend people’s interests, and ready to die for such a cause.

After this second incarceration of the Honorable Diomi Ndongala, Congolese diaspora has started organizing protests to demand his release. As observers of the DRC political scene can easily notice, the movement to free that radical representative of the people is not as strong as it should be.

My question is then how do people defend those who represent their most noble values when their oppressors put hands on them. And this is not particular to any community or country. If such values are at the heart of the majority of people, shouldn’t they be as vocal as necessary to claim the rights of one of their flag bearers?

In the 60s, after the assassination of Patrice Lumumba, with few voices to claim his legacy firmly and forcibly, imperialism consolidated its stranglehold on Congolese people and resources through its agent Mobutu. What came after the removal from power of the latter appears to have been a nightmare incomparable to none of the situations the country has experienced in its long history.

Esther Stanford Xosei, Co-chair of the interim National African Peoples’ Parliament [iNAPP] while addressing a gathering in UK on March 2^nd, 2013, the Day of Action of African People, asked her audience to identify their leaders and stand by them no matter what. People don’t have to wait after the death of these supposed leaders to acknowledge how great they were.

Diomi Ndongala might not this time come back alive from the Central Prison of Makala. Understandably, he is not of the same stature as Patrice Lumumba. But the two personalities have been thrown into prisons for defending Congolese highest and noble values of independence and dignity. Shouldn’t then Congolese people do what wasn’t probably impossible in the 60s, and stand more firmly behind Diomi and other personalities in the same mould? Today what is at stake is what Congolese heroes fought for.

lettre conjointe ue et ambassade d italie

THE EUROPEEN UNION WRITE TO CONGOLESE AUTHORITIES TO URGE DRC TO LET EUGENE DIOMI NDONGALA TO BE RELEASED FOR HUMANITARIAN REASONS

DIOMI HOPITAL MAI 2016

JOURNAL LIBERATION

http://www.liberation.fr/planete/2013/07/18/l-opposant-diomi-ndongala-dans-le-viseur-du-regime_919299

JOURNAL LE SOIR

https://democratiechretienne.org/2017/10/27/le-president-joseph-kabila-sacharne-sur-ses-prisonniers-politiques-le-soir-colette-braeckman/

Christian Democracy Party

The Christian Democracy (Démocratie chrétienne, DC) party is a Congolese opposition party (CORI Apr. 2013; AFP 24 July 2013; Afrikarabia 20 Jan. 2013). The party was created in 1993 after the Sovereign National Conference (Journalist 4 Dec. 2013). This conference, which took place from 1991 to 1992 (ibid.; PHW 2013, 3013), led to a new constitution establishing a multi-party system (ibid.). Sources provide the following information on the positions of president, secretary general and spokesperson of the DC:

Eugène Diomi Ndongala is the President (Human Rights Watch 29 Aug. 2013; RFI 17 Sept. 2013);

Marc Mawete is the spokesperson (Afrikarabia 20 Jan. 2013; La Tempête des tropiques 30 Oct. 2013).

The DC party nominated Eugène Diomi Ndongala as a candidate in the 2006 presidential elections (PHW 2013, 323).

According to correspondence signed by Eugène Diomi Ndongala and posted on the DC’s Internet site, the party objectives are to:

[translation]

Contribute to implementing a real and effective state of law;

Assist with the socio-economic, cultural and human development of the Congolese people;

Launch a genuine process of democratization in the DRC, by normalizing political activity and preserving civil and political rights;

Foster sincere and effective national reconciliation for lasting peace in the DRC (DC N.d.).

The journalist from Afrikarabia added that the geographical headquarters of the DC party is in Kinshasa but that, because its leader Eugène Diomi Ndongala is originally from Bas-Congo, the party [translation] « is deeply-rooted in this region » (3 Dec. 2013). International Crisis Group also states that Eugène Diomi Ndongala is a political figure from the Bas-Congo region (5 May 2011). Further information on the geographical headquarters of the DC could not be found among the sources consulted by the Research Directorate within the time constraints of this the journalist from Afrikarabia stated that, during a 2012 interview with the DC Secretary General, he was told that the DC has 110,000 members (5 Dec. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints.

According to the Political Handbook of the World 2013 (PHW), the results of the presidential elections of November 2011, won by Joseph Kabila, were rejected by the opposition parties (PHW 2013, 319). Eugène Diomi Ndongala, under the DC banner, won a seat as national deputy in Kingshasa II Funa during the 2011 legislative elections (RDC 1 Feb. 2012). Mr. Diomi Ndongala rejected the results of the presidential elections (Jeune Afrique 10 Apr. 2013; IPU 24 Oct. 2012). He supported the Union for Democracy and Social Progress (Union pour la démocratie et le progrès social, UDPS) in its strategy to boycott presidential and legislative election institutions, by not taking his seat in the Assembly (Jeune Afrique 12 Mar. 2012). Human Rights Watch also indicates that Ndongala boycotted parliamentary business (29 Aug. 2013). The UDPS, to which the DC is very close, is run by Étienne Tshisekedi (RFI 17 Sept. 2013; Journalist 3 Dec. 2013). Mr. Tshisekedi is an important Congolese political opponent (ibid.; AFP 24 July 2013). Mr. Diomi Ndongola is considered to be close to Tshisekedi (RFI 29 Oct. 2013). Mr. Diomi Ndongala is also one of the founders of a pro-Tshisekedi political alliance called the Popular Presidential Majority (Majorité présidentielle populaire, MPP) (Human Rights Watch 29 Aug. 2013). For further information on Étienne Tshisekedi and the UDPS, consult the Response to Information Requests COD104019 and COD104020.

2. Treatment of the DC Party Members by the Authorities

The journalist from Afrikarabia stated that, after the 2011 elections, the DC party and its leader were [translation] « very repressed » (4 Dec. 2013). The journalist also stated that this party was [translation] « on the front line of the political repression of the Kabila regime » and that Mr. Diomi Ndongala and certain party officials were arrested and kidnapped (3 Dec. 2013). The journalist from Afrikarabia also stated [translation] « that it is clear that this political party has suffered particularly tough police control since the disputed presidential election in November 2011 » (3 Dec. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

However, during a telephone interview with the Research Directorate, a journalist specializing in the issues concerning the Great Lakes region and who works for the Dutch-speaking Belgian public information channel VRT (Verlinden n.d.), stated that not [translation] « just any member » of the DC is at risk of being « arrested » (ibid. 4 Dec. 2013). According to the DC party blog, a party official was arrested in February 2012 and was accused of [translation] « libel against the head of state » (DC 4 Feb. 2012).

In correspondence sent to the Research Directorate, the former Director of the EuroAfricaCentral Network, now an independent consultant, states that members of the DC are not subject to [translation] « ‘specific’ persecution » and that « the problem of persecution depends on the situation » (Independent consultant 7 Dec. 2013). The independent consultant also explained that, when the authorities have [translation] « ‘their eye on' » a political party or its leader, its members can be « quickly persecuted » (ibid.).

According to an Afrikarabia article that cites a DC press release, two party members who were preparing a party protest scheduled for the next day were arrested during the night of 17 to 18 January 2013 at their respective homes by armed men (Afrikarabia 20 Jan. 2013). One of the kidnapped men was in charge of communications at the DC and the other was in charge of youth assistance with the DC and the MPP (ibid.). In the same article, the author notes that the DC states that party members are subject to [translation] « ‘arbitrary arrests by security services' » and that several militants « ‘had been arrested and taken to Camp Lunfungala' » and then « ‘confined for one week' » (ibid.). The journalist referred to the three DC members who had been kidnapped in October 2012, near the party headquarters, in the commune of Gombe, in Kinshasa (ibid.). The kidnapped members remained [translation] « ‘incommunicado for 30 days, in the cells of the National Intelligence Agency [Agence nationale de renseignement, ANR]' » (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Jeune Afrique points out that, during a press conference on 11 April 2013, the authorities in Kinshasa announced that 13 people were suspected of [translation] « conspiring against the life » of the President of the Democratic Republic of the Congo, Joseph Kabila, and the Prime Minister, Matata Ponyo (Jeune Afrique 12 Apr. 2013). One of the people suspected is a press attaché from the opposition [translation] « who worked with Eugène Diomi Ndongala » (ibid.). Human Rights Watch, which also mentions the press conference on 11 April 2013, points out that Mr. Diomi Ndongala was then accused by government officials of a conspiracy to murder the President and the Prime Minister, but that he was never officially charged with that offence (29 Aug. 2013).

The journalist from Afrikarabia stated that the Secretary General of the DC has been threatened by the ANR, Congo’s national intelligence agency (Journalist 3 Dec. 2013). He added that it is a [translation] « true reality » that DC officials have « some problems » with the ANR, who « intimidates » them, and stated that the leaders who have had « some problems » have « very often » been released afterwards (ibid. 4 Dec. 2013). In correspondence sent to the Research Directorate, the journalist described the arrests as [translation] « violent » and the detention conditions as « extremely harsh » (ibid. 3 Dec. 2013). He also notes that all the other opposition parties are [translation] « subjected to repression and […] intimidation, » especially the UDPS members (ibid. 3 Dec. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. The Arrest and Treatment of Eugène Diomi Ndongala in 2013

Eugène Diomi Ndongala disappeared on 27 June 2012 (US 19 Apr. 2013, 3; Jeune Afrique 27 June 2013; Le Phare 16 July 2013). According to Jeune Afrique, Mr. Diomi Ndongala was going to a [translation] « political event » for the launch of the MPP when he disappeared (27 June 2013). The night of his disappearance, the police went to the DC headquarters (IPU 24 Oct. 2012; Le Phare 16 July 2013).

Mr. Diomi Ndongala reappeared on 10 October 2012 (US 19 Apr. 2013, 3). He stated that the Congolese National Police [Police nationale congolaise, PNC] had detained him for the entire time (ibid.; AFP 24 July 2013; Human Rights Watch 29 Aug. 2013). The Interparliamentary Union (IPU) stated that, upon his return in October 2012, Mr. Diomi Ndongala needed emergency medical care (18 June 2013).

According to sources, Mr. Diomi Ndongala’s parliamentary immunity was lifted in early January 2013 (Human Rights Watch 29 Aug. 2013; Jeune Afrique 27 June 2013) to [translation] « let justice to do its job » (ibid.). An arrest warrant was issued against Mr. Diomi Ndongala on 18 January 2013 (Human Rights Watch 29 Aug. 2013). Mr. Diomi Ndongala was accused of raping two underage girls (US 19 Apr. 2013; RFI 27 Aug. 2013). Mr. Diomi Ndongala’s lawyer told Human Rights Watch that the authorities had pressured his client to accept a deal in which the charges would be dropped if he agreed to take his seat in parliament, but that Mr. Diomi Ndongala refused that arrangement (Human Rights Watch 29 Aug. 2013). He was arrested on 8 April 2013 and imprisoned (Le Phare 16 July 2013; Human Rights Watch 29 Aug. 2013) at Kinshasa’s central prison (ibid.). He was imprisoned despite Supreme Court orders to hold him under house arrest (ibid.; RFI 27 Aug. 2013). On 15 June 2013, his mandate as a member of parliament was invalidated because of his absence, which was prolonged (IPU 18 June 2013; Jeune Afrique 27 June 2013; Human Rights Watch 29 Aug.2013) and unjustifiable (IPU 18 June 2013; Jeune Afrique 27 June 2013).

On 15 July 2013, Mr. Diomi Ndongala’s wife stated that her husband had not been given the right to be cared for when his health was deteriorating (Le Phare 16 July 2013). Mr. Diomi Ndongala suffered from [Human Rights Watch English version] « health problems » and had « lost partial functioning of his arm » (Human Rights Watch 29 Aug. 2013). Mr. Diomi Ndongala’s lawyer also stated that [Human Rights Watch English version] « the prison hospital center was unable to provide the necessary treatment » (ibid.). The prison director where Mr. DiomiNdongala was detained explained that he had not allowed him to seek treatment in a hospital outside of the prison [Human Rights Watch English version] « because of concerns that Diomi would use the time in a hospital…for political activities » (ibid.).

Voice of the Voiceless for the Defence of Human Rights (Voix des sans-voix pour les droits de l’homme, VSV), a human rights NGO created in 1983 whose headquarters are located in Kinshasa-Ngaliema (VSV n.d.), expressed its fear for Diomi Ndongala’s life, given the [translation] « unprecedented deterioration of his health » following the [translation] « deprivation of medical care by the Congolese authorities » (AFP 24 July 2013).

Mr. Diomi Ndongala’s trial was postponed several times (Human Rights Watch 29 Aug. 2013; RFI 27 Aug. 2013). In October 2013, the trial was postponed to February 2014 (Radio Okapi 29 Oct. 2013; RFI 29 Oct. 2013).

4. Treatment of the DC Party Members by the Other Parties

Information on the treatment of the DC party members by the other parties could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References Image result for DIOMI? MANIFESTATION A BRUXELLES

Afrikarabia. 20 January 2013. Christophe Rigaud. « RDC : ‘Deux opposants enlevés’ selon la Démocratie Chrétienne. » [Accessed 6 Dec. 2013]

_____. N.d. « Christophe Rigaud. » [Accessed 6 Dec. 2013]

Agence France-Presse (AFP). 24 July 2013. « RDC : une ONG dit craindre pour la vie d’un opposant emprisonné. » [Accessed 21 Nov. 2013]

Country of Origin Research and Information (CORI). April 2013. « CORI Country Report Democratic Republic of Congo; Human Rights Issues, April 2013. » [Accessed 20 Nov. 2013]

Courrier international. N.d. « Qui sommes-nous? » [Accessed 12 Dec. 2013]

Democratic Republic of the Congo (DRC). 1 February 2012. Commission électorale nationale indépendante (CENI). « Élection des députés nationaux de 2011. » [Accessed 21 Nov. 2013]

Démocratie chrétienne (DC). 4 February 2012. Marc Mawete. « Flash : arrestation de Maitre Yala Tutu, cadre de la Démocratie chrétienne. » [Accessed 21 Nov. 2013]

_____. N.d. « S’engager pour construire le futur de la RDC. » [Accessed 21 Nov. 2013]

Human Rights Watch. 29 August 2013. « RD Congo : Un parlementaire est condamné à trois ans de prison pour son franc-parler. » [Accessed 20 Nov. 2013]

Independent consultant. 7 December 2013. Correspondence sent to the Research Directorate.

International Crisis Group. 5 May 2011. Congo: Le dilemme électoral. Rapport Afrique n°175. [Accessed 20 Nov. 2013]

Interparliamentary Union (IPU). 18 June 2013. « IPU Deeply Disturbed by Democratic Republic of the Congo Decision to Invalidate Opposition MP Diomi Ndongala. » [Accessed 20 Nov. 2013]

_____. 24 October 2012. « M. Eugène Diomi Ndongala, de la République démocratique du Congo. Résolutions sur les droits de l’homme des parlementaires. Résultats de la 127ème Assemblée de l’UIP et réunions connexes. » [Accessed 20 Nov. 2013]

Jeune Afrique. 20 November 2013. « Freddy Kita : ‘Nous attendons la libération de vrais prisonniers politiques’ en RDC. » [Accessed 21 Nov. 2013]

_____. 27 June 2013. Trésor Kibangula. « RDC : Diomi Ndongala, une année en enfer. » [Accessed 21 Nov. 2013]

_____. 12 April 2013. « RDC : l’opposition accusée de complot contre Kabila. » [Accessed 11 Dec. 2013]

_____.10 April 2013. Trésor Kibangula. « RDC : l’opposant Diomi Ndongala détenu à la prison de Makala. » [Accessed 21 Nov. 2013]

_____. 12 March 2012. Trésor Kibangula. « RDC : l’UDPS au bord de la crise de nerfs. » [Accessed 11 Dec. 2013]

Journalist from Afrikarabia. 5 December 2013. Correspondence sent to the Research Directorate.

_____. 4 December 2013. Telephone interview with the Research Directorate.

_____. 3 December 2013. Correspondence sent to the Research Directorate.

Verlinden, Peter. 4 December 2013. Telephone interview with the Research Directorate.

_____. N.d. « Bio. » [Accessed 10 Dec. 2013]

Le Phare [Kinshasa].16 July 2013. « L’épouse de Diomi lance un cri d’alarme pour son mari. » [Accessed 21 Nov. 2013]

Political Handbook of the World 2013 (PHW). 2013. « Democratic Republic of the Congo. » p. 311-325. Edited by Thomas Lansford. Washington, DC: CQ Press. [Accessed 10 Dec. 2013]

Radio France internationale (RFI). 29 October 2013. « RDC: nouveau report du procès de l’opposant Eugène Diomi Ndongala. » [Accessed 21 Nov. 2013]

_____. 17 September 2013. « En RDC, le procès de l’opposant Eugène Diomi reprend…puis s’interrompt. » [Accessed 21 Nov. 2013]

_____. 27 August 2013. « RDC: troisième report du procès de l’opposant Eugène Diomi Ndongala. » [Accessed 21 Nov. 2013]

Radio Okapi. 29 October 2013. « Kinshasa : L’affaire Diomi Ndongala renvoyée à février 2014. » [Accessed 21 Nov. 2013]

La Tempête des tropiques [Kinshasa]. 30 October 2013. « Diomi victime de la procédure judiciaire à la Cour Suprême. » [Accessed 21 Nov. 2013]

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LETTER TO MY WIFE PATRIZIA, BY EUGENE DIOMI NDONGALA

From his jail cell where he is being held on false charges of plotting to kill President Kabila and his prime minister, Eugene Diomi Ndongala, an opposition leader who has been tirelessly fighting for democracy in Congo, writes a letter to his beloved wife Patrizia Diomi. His letter resonates with sound wisdom and advice for the Congolese and their country as they fight for Democracy in a country …torn by war and the dictatorship of Kabila’s regime. This letter depicts the rich historic heritage of the Congolese and the fighting spirit of their forefathers and freedom fighters, the resilience of the people despite the numerous plagues they have had to endure throughout history. Eugene exhorts all of us to stand up for what is right, despite the odds. This is a call to action to us all:

« Dear Patrizia,

I do not need to remind you why I fight and why I am facing so much opposition. For years we faced many forms of intimidation, physical and moral violence. It is unnecessary to dwell on the details of their plots: They want to break our will to stand and speak on behalf of our proud and oppressed people. I wish that people could find in our collective conscience the strength of Kimpa Vita, Kimbangu’s strong belief in the dignity of free men; the courage of Lumumba and his fellow freedom fighter Gaston Diomi Ndongala, and again closer to us, the courage of Armand Tungulu and my friend Chebeya’s deep love for Congo.

They can imprison us, as they did with Tshisekedi, but the spark of dignity in us will never be extinguished.No other people in this world have endured suffering as much as Congolese have in recent history: Their natural resources are not their own anymore, millions of Congolese are forced into exile to escape the war, dictatorship, persecution and hunger. Everything is corrupt and what remains of the Congolese state collapses under the weight of betrayal, incompetence and the oppression of citizens. Our last bastion was our fertile land, of an unparalleled beauty in the world, land that has given birth to a dignified, strong and generous people. Now they want us out of our land, a land nurtured for years, with the remains of our mothers, fathers and children they massacred by the millions….

I’m with the other political prisoners that you know: Kuthino, Mokia, Chalupa and together, we are convinced that each defeat gets us closer to victory. Because they forget that the spirit of those who fought in the past animates us, they don’t know that this land so rich and wonderful that produced us, will never be taken away from the Congolese people, they do not know that despite the brutality they impose on Congolese depriving them of their welfare, culture, communication and freedom, we remain stronger because we carry with us the genes of Kimpa Vita, Kimbangu’s consciousness, Lumumba and Gaston Diomi’s spirit of Freedom, Armand Tungulu courage and the spirit of selflessness that led Chebeya to the supreme sacrifice.

They try to throw upon me the reflection of their own deprivation. They do not spare the means of trying to discredit me, they are not afraid of bringing embarrassment upon themselves by making ridiculous accusations against us, because they do not realize that what they are doing only succeeds in throwing discredit on what remains of the Congolese state. The people have become a mat upon which they clean their boots stained with blood and unload salvo from their Kalashnikovs daily. They conspire all day long to silence my voice, they want me to abandon the fight alongside EtienneTshisekedi; they want me to stop claiming the right of Congolese not only to make the gesture of « voting » for their leaders but also « electing » them indeed. We know that this is not the case today …

They tried to smear my name, to deprive me repeatedly of freedom and break me physically as they do everywhere with thousands of Congolese every day. I dare you to make my voice heard. They are not afraid of me as an individual, but instead they are afraid of this formidable spirit that animate the Congolese people, a spirit that they want to clear from our collective memory. I’m standing here because, as Gandhi said, « A man standing is more frightening to the oppressor than a thousand men lying down. »

Take care of our children,

Eugene »

MANIFESTE D’UN COMBATTANT / UDPS MULTIMEDIA

DIOMI NDONGALA:MANIFESTE D’UN COMBATTANT DE DIOMI NDONGALA, 13/04/2013Chère Patrizia,Je n’ai pas besoin de te ra…

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Refworld | 2014 Country Reports on Human Rights Practices – Democratic Republic of the Congo

Refworld | 2014 Country Reports on Human Rights Practices – Democratic R…

United Nations High Commissioner for Refugees

Refworld is the leading source of information necessary for taking quality decisions on refugee status. Refworld…

United States Department of State

Refworld | IPU Deeply Disturbed by Democratic Republic of the Congo Decision to Invalidate Opposition MP Diomi Ndongala

Refworld | IPU Deeply Disturbed by Democratic Republic of the Congo Deci…

United Nations High Commissioner for Refugees

Refworld is the leading source of information necessary for taking quality decisions on refugee status. Refworld…

United States Welcomes Announcement of Electoral Calendar in the Democratic Republic of Congo

Press Statement – Heather Nauert

Department Spokesperson

Washington, DC

November 6, 2017

The United States welcomes the announcement by the National Independent Electoral Commission (CENI) in the Democratic Republic of Congo (DRC) that long overdue elections will take place. With the announcement of the December 2018 date, the DRC has taken a significant step toward realizing its first peaceful, democratic transfer of power. It is now incumbent on the CENI, the government, opposition party leaders, civil society organizations, and the people of the DRC to work together to ensure that the electoral deadlines published by the CENI are respected, and that all actions and statements remain within the framework of the DRC constitution and the December 2016 St. Sylvestre Agreement.

The United States notes the importance of President Kabila abiding by the DRC’s constitution, reaffirmed in the St. Sylvestre accord, that he will not seek a third term and will step down following elections.

The United States also notes the urgent need for the DRC government to implement the confidence building measures included in the December Agreement. This includes an end to politically motivated prosecutions, the release of political prisoners, and respect for the right of peaceful assembly and association, so that opposition parties and civil society organizations may hold peaceful public meetings without government interference or intimidation.

The United States is committed to working with the people and institutions of the DRC, the African Union, regional and international partners, and the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) to ensure that the estimated 45 million Congolese voters are able to cast their ballots on time and as scheduled in December 2018.

https://www.state.gov/r/pa/prs/ps/2017/11/275353.htm