Paul Mwilambwe, a major suspect in the CongoleseChebeya-Bazana case was indicted by a Senegalese court and placed under judicial supervision in Dakar on 8 January 2015. This decision was taken following a criminal complaint based on universal jurisdiction filed on 2 June 2014 by lawyers of the FIDH Litigation Action Group (LAG) and the families of Floribert Chebeya and Fidèle Bazana, the two Congolese human rights defenders who were assassinated in June 2010. FIDH hopes that these efforts of the Senegalese judicial authorities contribute to identifying the persons responsible for these assassinations and the disappearance of these two human rights defenders.
“That Paul Mwilanbwe has been indicted and heard by an independent investigative judge is a fundamental step on the road to truth and, we hope, to the justice which has not been available to the victims’ families in DRC” , said Patrick Baudouin, FIDH Honorary President. “This is the first time since the Hissène Habré case that a case based on extra-territorial jurisdiction is being tried in Senegal, a step which sends a strong, positive signal showing that the Senegalese judiciary intends to play an active role in the fight against impunity for the most serious crimes committed in Africa”.
“Since the Democratic Republic of Congo did not provide for equitable judicial proceedings, we initiated the proceedings in Senegal to ensure that an impartial and independent investigation would be carried out and that full information would be obtained on the murder and the enforced disappearance of the victims, Floribert Chebeya and Fidèle Bazana. We wanted an independent judge to hear Paul Mwilambe, an actor in this tragedy, and this has happened today,” said Assane Dioma Ndiaye, a lawyer for the FIDH LAG and for the Chebeya and Bazana families.
Paul Mwilambwe, a major in the Congolese National Police force (PNC), was in charge of security for the office of General John Numbi, Head of the PNC at the time of the events, in the premises where Floribert Chebeya and Fidèle Bazana were killed. Shortly after these killings, Paul Mwilambwe fled to a country somewhere in Africa before going to Senegal. In a filmed interview with France 24 (in French), whilst still on the run, Mwilambwe testified and denounced his own participation and the role and involvement of senior members of the Congolese police, including General John Numbi in the enforced disappearance and murder of the two human rights defenders.
“For us, this indictment gives us great hope to obtain the truth and justice that was refused to us in Congo where the justice system is bogged down. I want to know where my husband was buried. I want someone to tell me where he is. And I want to be able to bury him with dignity” , said Marie-José Bazana, the wife of Fidèle Bazana whose body has still not been found.
[Background: On 2 June 2010, Floribert Chebeya, Executive Director of the NGO Voix des sans Voix (Voice of the Voiceless – VSV), was found dead in his car in a suburb of Kinshasa. His close associate Fidele Bazana was reported missing. The day before, the two human rights defenders had shown up at PNC headquarters to meet with its Director, the Inspector-General, and General John Numbi. They did not emerge from this meeting alive. Faced with the public outcry triggered by the murder of Mr. Chebeya and disappearance of Mr. Bazana, the Congolese authorities were obliged to open an investigation. This investigation culminated in the precautionary suspension of General John Numbi and the imposition of murder indictments for eight police officers, including Paul Mwilambwe, who fled.
On 23 June 2011, following a trial marked by numerous incidents the military court on 23 June 2011 in Kinshasa acknowledged the civil responsibility of the Congolese state for the murder of Mr. Chebeya, as well as in the abduction and illegal detention of Mr. Bazana by several of its officers. The court convicted five of the eight police officers accused. Four were sentenced to death and one to life imprisonment. Three of those condemned to death are still on the run, and three of the police officers found to have played a role in the disappearance of Mr. Bazana, have since been acquitted. On 7 May 2013, the Military High Court, sitting as a court of appeal, declared itself incompetent to investigate the procedural issues in the case and decided to turn the proceedings over to the Supreme Court, operating as a constitutional court. In practice, this decision suspended the appeal proceedings, which remain deadlocked in DRC to date. In addition, Congolese authorities have never instituted proceedings to investigate the role played by General John Numbi, who has since been replaced as Head of the PNC, despite evidence and the complaints filed by the families of the two human rights defenders.]
Martin Hill, for 32 years a senior researcher at AI on the Horn of Africa, has died. He wrote “No redress: Somalia’s forgotten minorities” for the Minority Rights Group and was a founding member of East and Horn of Africa Human Rights Defenders Network in 2005 in Uganda. Hassan Shire Sheikh, who knew him well personally, published the In Memoriam below:
(Martin Hill on the left, his wife Dawn and the author Hassan Shire Sheikh)
“We have lost a figure-father, mentor, a dear friend, and an admired advocate who consistently shed light on human wrongs in the Horn of Africa and sided with those whose rights were violated. Dr. Martin Hill passed away on Friday 9 January 2015. Dr. Hill worked at the Amnesty Secretariat office in London, as a researcher and a campaigner on the Horn of Africa in the human rights field for over 32 years. I first met Dr. Hill in 1989 when he led the first Amnesty International delegation to Somalia during the period of military dictatorship. At sub-regional level where many human rights violations and suffering for the past three decades and lack of attention globally, Dr. Hill brought human rights issues and concerns in the limelight and earned the admiration and love of many people particularly Ethiopians, Eritreans and Somalis. Dr. Hill was a friend to me and to my late uncle, Dr. Ismail Jumale Ossoble, (the only human rights lawyer who consistently defended prisoners of conscience in the dreaded national security court). Dr. Ossoble was a prisoner of conscience himself and was Amnesty International’s principle research contact in Somalia during the 80s and 90s. We subsequently established Dr. Ismail Jumale Human Rights Centre in 1996 and I co-directed the centre for 6 years starting in 1996 before I went into exile. During this period, I was the principle Somali contact for Amnesty International and I worked very closely with Dr. Hill. Dr. Hill worked with us on the protection and promotion of human rights for Somalis including a sign up campaign during the 50th UDHR anniversary celebrations where Dr. Ismail Jumale Centre was able to garner over 1.5 million signatures including first signature by the founding first President, the late Aden Abdulle Osman at his farm in Shalambood District of lower Shabale region, former Prime Ministers, faction leaders, and civil society groups among others. I particularly remember the first human rights defenders training for Somalis that Dr. Hill organized in 1997 in Kenya and I was part of that training. He was instrumental in organizing sub-regional networks consultation meetings to the run up of the All Africa Human Rights Defenders Conference I 1998 and subsequently the global human rights summit in Paris in December 1998. He also supported our research initiative during our initial mission, Africa Human Rights Defenders Project in the East and Horn of Africa while I was at York University. Dr. Hill was present as founding member of East and Horn of Africa Human Rights Defenders Network in 2005 in Entebbe, Uganda. Dr. Hill will be remembered for his ardent support to human rights in the Horn of Africa. He inspired and mentored so many human rights activists who are now working with prominent human rights organizations around the world. He contributed to the fight against human rights violations and ending the culture of impunity in the sub-region. Our thoughts, and those of the wider human rights community, are with his family and many friends around the world. The East and Horn of Africa Human Rights Defenders Project staff, East and Horn of Africa Human Rights Defenders Network and the Pan Africa Human Rights Defenders Network, extend our sincerest condolences to his wife, Dawn Hill and children.”
On 13 January Asia-plus reported that a court in Dushanbe, Tajikistan, sentenced Sukhrat Kudratov to nine years in a penal colony for bribery and fraud. Kudratov’s real crime, it appears, was defending opposition activist Zaid Saidov in 2013. Last year, another one of Saidov’s lawyers, Fakhriddin Zokirov, was arrested on forgery charges. He was released after eight months on the promise he would no longer defend Saidov. Steve Swerdlow of Human Rights Watch called Kudratov’s jailing “a serious setback for the freedom of expression and the independent legal profession in Tajikistan.”
At the time of the arrest, Frontline Defenders called him “one of few lawyers in Tajikistan who defends opposition activists, victims of police torture, and those accused of ‘religious extremism“. Dushanbe-based Bureau for Human Rights and Rule of Law named Kudratov their human rights defender of the year in 2011.
On 26 December 2014, the Geneva-based International Service for Human Rights (ISHR) reported that the following posts were the most visited on its website in 2014:
The African Commission on Human and Peoples’ Rights adopts a landmark resolution condemning violence and calling for an end to discrimination on the basis of sexual orientation and gender identity, perhaps marking a turning of the tide against anachronistic laws across the continent which criminalise homosexuality and even the advocacy of LGBT rights: http://www.ishr.ch/news/african-commission-adopts-landmark-resolution-lg…
The UN Human Rights Council adopts a crucial resolution on the protection of human rights defenders, calling on States to enact laws and policies to support and enable their work. The resolution also renews the mandate of the UN Special Rapporteur on Human Rights Defenders for a term of three years: http://www.ishr.ch/news/un-human-rights-council-adopts-crucial-resolutio…
Human rights advocates from around the world take a stand at the UN Human Rights Council, calling on Chinese authorities to be investigated and held accountable for the death of detained human rights defender Cao Shunli: http://www.ishr.ch/news/china-interrupts-moment-silence-cao-shunli-un-hu…
What are the characteristics and strategies of the most successful human rights campaigns? In a guest opinion piece, Jo Becker of Human Rights Watch examines some of the most significant international human rights campaigns over the last decade to identify the secrets of success: http://www.ishr.ch/news/jo-becker-5-ways-successful-human-rights-campaign
The main topics are linked to the question of reprisals and bring to the fore the importance of the ISHR in linking to the international and regional fora.
What a way to start the human rights year: yesterday’s attack on Charlie Hebdo. One of the victims is Bernard Verlhac “Tignous” who was a member of the Cartooning for Peace Foundation. A good moment to recall the posts on the power of (political) cartoons: https://thoolen.wordpress.com/tag/cartooning-for-peace/, that their work may continue to inspire.
What better way for a blog that is interested in the power of images for human rights than this overview – courtesy of Witness – which published this compilation on 10 December 2014. To see the original videos used in this montage and more about them, as well as a map of videos curated on the Human Rights Channel in 2014, an accompanying article by the curator, and more, click on the following link: http://bit.ly/HRC-2014
The music is from: We Always Thought the Future Would Be Kind of Fun by Chris Zabriskie.
At the end of this year I want to wish my readers a very Happy New Year and to share – in the good tradition of transparency – the main statistics of my blog on human rights defenders in 2014. It clearly is a ‘niche blog’ and that is what it will remain. I am quite happy with the relatively large number of archives visitors, i.e. some 40 persons per day find something worthwhile in my older posts. Also the geographical spread is pleasing. Of course, a larger number of visitors would be even better and I would be grateful for any promotion you could undertake. All the best Hans
Wouldn’t it be a truly nice Christmas gift if the Laos government would finally undertake a serious investigation into the disappearance of human rights defender Sombath Somphone, who was last seen in December 2012. That is what a group of United Nations independent experts urged today, 23 December 2014:
“It is high time for the authorities of the Lao People’s Democratic Republic to voluntarily request international assistance with the aim of shedding light on Mr. Somphone’s fate and whereabouts, two years after his disappearance,” the experts said in a news release. “International law makes clear that the Government of the Lao People’s Democratic Republic has the duty to carry out an independent, thorough, credible and effective investigation,” they added. [https://thoolen.wordpress.com/tag/sombath-somphone/]
(The situation of human rights in Laos is due to be assessed next month through the Universal Period Review process, which involves a review of the human rights records of all UN Member States. Under the auspices of the Human Rights Council, the process provides the opportunity for each State to declare what actions they have taken to improve their human rights situation.)
Along with Mr. Kiai, the experts speaking out on Laos today include the Special Rapporteur on the situation of human rights defenders, Michel Forst; and the Special Rapporteur on the promotion and the protection of the right to freedom of expression and opinion, David Kaye.
As a relative specialist on human rights awards [https://thoolen.wordpress.com/2013/11/27/my-post-number-1000-human-rights-awards-finally-made-accessible-for-and-by-true-heroes/], I would be amiss not to relate the following ‘problem’ with a human rights award in Zimbabwe. The local NGO ZimRights gave a number of human rights awards and ended up having to defend the People’s Choice Award, which had been attributed to a ZANU-PF MP Joseph Chinotimba. A number of human rights defenders activists protested as they said it as was wrong to honour a war veteran who is known to have led violent farm invasions which claimed lives and displaced thousands of people.
Buhera-South MP Joseph Chinotimba
ZimRights has responded by saying that the People’s Choice Award is not [really] a Human Rights Defender Award but is an award “linked to the raising of pertinent developmental issues in the nation using platforms that one has access to”. It also explained that the nominees were selected by the people in all ZimRights’ eleven provinces and when votes were tallied Hon Chinotimba emerged as the winner. ZimRights said they take this result as a challenge and lesson on future education and human rights voting. The 3rd Edition of the Community Human Rights Defenders Award was held in Bulawayo last week on Thursday and the controversy may have obscured that the Overall Human Rights Defender of the Year was awarded to Rebecca Chisamba, a television talk show host. The New Zimbabwe report on 21 December added that “It is not clear what has endeared Chinotimba to the people but a few months ago the comical legislator arrived in Victoria Falls where he bought 200 cases of beer for the revellers at a local beer garden. Chinos, as the Buhera South MP is affectionately known, also pledged to pay school fees for over 20 school children at Chinotimba School which he claims is named after his ancestor.”
Another paper, Newsday, on 22 December, reported that the MP in question, perhaps in response to the criticism, “stunned the more than 200 invited guests that included donor agencies, MPs, civil society leaders, community human rights defenders and commissioners of a variety commissions when he turned down the holiday offer and requested that the money be channelled towards improving infrastructure in his constituency” [The prize was a paid holiday at Victoria Falls with his wife.]
[Chinotimba came into the political limelight in 2000 when he together with the late war veterans’ leader Chenjerai Hunzvi led violent farm invasions and later stormed then High Court judge Justice James Devitte’s chambers in protest against his court rulings on land issues. Since his election into Parliament last year, Chinotimba has generated a lot of controversy through his fearless debates.]
Yesterday, 19 December 2014, the Istanbul High Criminal Court acquitted Ms. Pınar Selek,an academic known for her commitment towards the rights of the most vulnerable communities in Turkey. She was prosecuted for allegedly causing a bomb to explode in Istanbul’s Egyptian bazaar on July 9, 1998, and for membership in a terrorist organisation.
Previously, the Istanbul Special Heavy Penal Court No. 12 had acquitted her on three occasions: in 2006, 2008, and 2011. Notwithstanding, the Supreme Court quashed the first two acquittal decisions and requested the lower court to convict her. In, 2013, the Istanbul Special Heavy Criminal Court No. 12 deferred to the Supreme Court’s request and sentenced Ms. Pınar Selek to life imprisonment, while the case was still pending before the Supreme Court. On June 11, 2014, the Criminal Chamber No. 9 of the Supreme Court decided to overturn the conviction on procedural grounds. [https://thoolen.wordpress.com/2014/07/09/pinar-selek-case-in-turkey-the-supreme-court-overturns-life-sentence-against-pinar-selek/]
“Countless procedural irregularities have been observed during the trial. She should have never been prosecuted in the first place. This decision should now become final”, recalled Martin Pradel, Lawyer at the Paris Bar, who has been observing the legal process for the Observatory since 2011.
The Observatory (a coöperation between FIDH and OMCT) has been particularly mobilised on this case, through the publication of nine urgent alerts, six trial observations and demarches towards the Turkish authorities and the international community at the highest level. For more information see Observatory mission report published in April 2014, available in English on the following web links: http://www.omct.org/files/2014/04/22642/turkey_mission_report_pinar_selek_2014.pdf
(Martin Hill on the left, his wife Dawn and the author Hassan Shire Sheikh)
Hans Thoolen on Human Rights Defenders and their awards 