Congo-Brazzaville: Torture and arbitrary detentions of dozens of people put freedom of expression under severe strain
Dozens of activists and opposition members are languishing in prisons in Congo Brazzaville, some for almost three years, simply for exercising their right to freedom of expression, while the international community maintains a silence on the human rights situation in the country, Amnesty International and four organizations said today.
The organizations call on the authorities to release all those arbitrarily arrested and open an investigation into allegations of torture.
"The Congolese authorities have not only resorted to arbitrarily arresting opposition members and activists, they have often subjected them to torture too. Some of the victims continue to bear the scars of such inhuman and degrading treatments,” said Balkissa Idé Siddo, Amnesty International Central Africa researcher.
"At every opportunity, the international community and donors such as the EU and the UN must work to ensure that the Congolese authorities immediately put an end to the repression and release all those arbitrarily detained."
Since the October 2015 constitutional referendum and the March 2016 presidential election, which were strongly contested by both the opposition and the international community, the authorities have led a wave of arrests of opposition supporters and banned peaceful demonstrations.
"The Congolese courts must immediately order the release of anyone arrested simply for exercising their right to freedom of expression. In any case where there is reasonable evidence for them to be charged with recognized crimes, they should be brought to a fair trial without delay,” said Maximilienne C. Ngo Mbe, executive director of Central Africa Network of Human Rights Defenders (REDHAC in French).
The signatories have documented at least 40 cases of political activists arrested between October 2015 and December 2016 simply for having exercised their right to freedom of expression and peaceful protest. Most of them are still detained and the vast majority are charged with "incitement of public unrest" and "undermining internal security".
For example, those arrested in connection with protests around the constitutional referendum include Paulin Makaya, president of the opposition political party United for Congo (UPC in French). He was sentenced to two years in prison for participating in a protest against the change in the constitution.
Although Makaya has finished serving his sentence since November 2017, the authorities refused to release him. Since January this year, they have charged him with new offenses of “breaching national security” and "complicity in unlawful possession of weapons and ammunitions of war’'.
Before and after the March 2016 presidential election, the authorities have arrested and charged more than 20 opposition leaders and members with ‘’incitement of public unrest", on the basis of the provisions of the national law on political parties which is in contradiction with international and regional laws signed by the country. At least 16 of them remain in detention.
Those arrested include André Okombi Salissa President of the opposition Convention for Action, Democracy and Development (CADD in French). In April 2016, Salissa was forced into hiding after he publicly declared that he did not recognize the results of the presidential election. He was then arrested in January 2017 and charged with "undermining internal security “and” unlawful possession of weapons of war'". He is still in detention, alongside campaigners and supporters of former candidate Jean-Marie Michel Mokoko, and at least two members of the Congolese Movement for Democracy and Integral Development (MCDDI).
"These spurious charges used to detain opponents and activists are an affront to the country’s commitments to respect free speech and peaceful protest. They do nothing to improve the political climate and provide no solution to ensure security or lasting peace in Congo,” said Loamba Moke, President of the Association for Human Rights and the Prison System (ADHUC).
According to information collected by the signatories, several detainees have been tortured. The Congolese authorities have so far taken no steps to investigate these allegations or put an end to the practice.
On 24 January 2017, Modeste Boukadia, president of the Circle of Democrats and Republicans of Congo (CDRC, opposition), arrested a year earlier, was admitted to a hospital in Pointe-Noire, after he was beaten up by prison guards. He suffered from two broken bones in his lower back, high blood pressure and a heart condition.
Noel Mienanzambi Boyi, president of the Association for the Culture of Peace and Non-violence and a local radio host, was also subjected to torture while in detention after being arrested in January 2017.
"The international community, in particular the EU, can no longer ignore the repeated human rights violations in Congo, nor the lack of political will of its authorities to effectively combat impunity," said Laurent Duarte, Coordinator of "Tournons la Page''.
"At all levels of its engagement with Congolese authorities, the international community including the EU and the UN, must do its utmost to ensure the Congolese authorities put an end to the arbitrary arrests, detentions, torture and inhuman treatment inflicted on political activists," said Brice Mackosso, Permanent Secretary of the Justice and Peace Commission (CEJP) in Pointe Noire.
Published on AI on March 21, 2018
The Enough Project, which aims to end genocide and crimes against humanity in Africa, has addressed an open letter to several UN Commissioners expressing its concern over "the crackdown on peaceful protests and the wave of arbitrary arrests and continued incommunicado detentions by Sudanese government forces".
The letter also cites "the excessive use of force by Sudanese authorities".
The open letter is addressed to the UN Human Rights Committee, the UN Working Group on Arbitrary Detention, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression David Kaye, the UN Independent Expert on the situation of human rights in Sudan Aristide Nononsi, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association Annalisa Ciampi, and UN Special Rapporteur on the situation of human rights defenders Michel Forst.
"We, the *undersigned Sudanese, African and international organisations, write to you in your capacities as Special Procedure mandate holders to draw your attention to the worrying developments concerning the excessive use of force by Sudanese authorities to disperse peaceful protests across Sudan. We urge you to call on the Government of Sudan to respect the peoples' rights to freedom of assembly, association and expression as guaranteed in international standards and UN treaties ratified by Sudan and refrain from using excessive force to disperse protests," the letter states.
"We urge you to call on the Government of Sudan to respect the peoples' rights to freedom of assembly, association and expression... and refrain from using excessive force to disperse protests."
"The Sudanese authorities' reaction to the recent January 2018 protests is contrary to Sudan's commitment to respect human rights and fundamental freedoms enshrined in regional and international treaties to which it is party. Since January 7, the authorities, including the National Intelligence and Security Service (NISS) and police have beaten peaceful protestors with sticks and batons and fired tear gas and live ammunition into crowds. On January 7, in El Geneina, West Darfur one student was killed and six other students were injured after joint forces of the National Intelligence and Security Services and Sudanese Police used live ammunition to disperse a peaceful student march. At least five people were killed and 26 others sustained gunshot wounds when joint forces of the Sudanese Armed Forces (SAF) and Rapid Support Forces (RSF) opened live ammunition on a crowd of protestors at Hasahisa camp for internally displaced persons (IDPs) in Zalingei, Central Darfur, on January 20.
"From January 6 to February 6, the security forces have arrested and detained scores of Sudanese citizens including opposition political party leaders, human rights defenders/activists, journalists, student activists and others for prolonged periods without charge or trial."
The letter also expresses concern about the prolonged detention of individuals, as well as "the repeated confiscation by the Sudanese authorities of national newspapers to prevent the coverage of the nationwide January 2018 protests".
The letter calls on the government of Sudan to:
* The letter is signed by:
African Centre for Justice and Peace Studies (ACJPS)
Al-Khatim Adlan Centre for Enlightenment, Sudan (KACE)
Association for Human Rights in Ethiopia (AHRE)
DefendDefenders (East and Horn of Africa Human Rights Defenders Project).
Face Past for Future Foundation ( FP4F)
Horn of Africa Civil Society Forum
Human Rights Watch
International Federation for Human Rights (FIDH)
International Refugee Rights Initiative (IRRI)
National Coalition for Human Rights Defenders- Uganda (NCHRD-U)
Sudan Democracy First Group
The MagkaSama Project, France
The World Organisation Against Torture (OMCT)
Eltigani Hassan Mohamed Idis, Sudanese Advocate
BakriJebril Mohamed, Sudanese Advocate
Mohanad Mustafa Elnour, Sudanese Advocate
Amani Osman Hamdi, Sudanese Advocate
Published on All Africa on February 15, 2018
The African Centre for Justice and Peace Studies has continued to receive information on more arbitrary arrests and detention of individuals, post-print censorship of newspapers, release of detainees, criminal charges against peaceful protestors, constitutional petition challenging the continued arbitrary detention of individuals in connection with the crackdown on peaceful protests in Sudan.
The National Intelligence and Security Services (NISS) have carried out a mass campaign of arrests targeting individuals such as human rights defenders, journalists, political party leaders and others with arbitrary arrest and prolonged detention, in most cases incommunicado, for their participation or suspected participation in the protests that occurred across Sudan in January 2018.
ACJPS remains concerned about the continued prolonged detention of hundreds of Sudanese citizens without charge or appearance before a court of law to determine the legality of their detention. ACJPS condemns the on-going silencing of political opposition members, activists, and human rights defenders through arbitrary detention, despite constitutional guarantees to the freedom of expression, association, and assembly.
ACJPS is currently aware of 29 individuals detained incommunicado by the NISS in Khartoum and Port Sudan states following arrests that occurred from 30 January to 6 February. In particular, there is concern about the safety and wellbeing of Mr. Mudathier Mohamed Abdul Rahim who was arrested by the NISS of Port Sudan on 4 February and whose whereabouts remain unknown. Amidst these recent detentions, the NISS has released 12 individuals who were arrested during and after the crackdown on peaceful protests that took place in Khartoum on 16 and 17 January, two Sudanese daily newspapers had their daily print runs confiscated by the NISS on 1 and 6 February and a second constitutional case challenging the indefinite detention of 9 individuals detained during and after the crackdown on peaceful protests on 16 and 17 January was filed on 30 January.
We call upon the Government of Sudan to guarantee the safety and well-being of all detainees and grant them immediate and unequivocal access to their lawyers and family members, medical services and release them in the absence of valid legal charges consistent with international standards.
ACJPS reiterates previous calls to the Government of Sudan to immediately end its policies of pre- and post- print censorship of newspapers, which severely circumscribes the availability of information in the public sphere and hinders freedom of expression and access to information. We recommend that the Sudanese Government provide compensation to the various newspapers for financial loss incurred as a result of the confiscations.
Read full report here.
Published on the ACJPS on February 7, 2018