Democratic Republic of the Congo – Researched and compiled by the Refugee Documentation Centre of Ireland on 15 September 2016

Information relating to the assassination of Chebeya, a human rights activist.

A report from refers to the death of human rights activist in June 2010 as follows:

“The work of human rights activists in the Democratic Republic of Congo is becoming increasingly deadly, Amnesty International warned on Wednesday as the country celebrates its 50th anniversary of Independence. The high profile celebrations come just days after the 26 June funeral of Floribert Chebeya Bahizire, the country's most prominent human rights activist, whose body was found the day after he was summoned to attend a meeting with police. ‘Death threats against human rights defenders and journalists in the DRC are increasing at an alarming rate,’ said Veronique Aubert. ‘It is shameful that the voices that need to be heard most are those being stifled.’ Floribert Chebeya was the executive director of one of Congo's largest human rights organizations and had been working on a number of sensitive affairs involving the head of Police General . His body was found in his car early on 2 June. The activist had previously told Amnesty International that he felt he had been followed and that he was under surveillance by the security services. Floribert Chebeya's funeral was held on 26 June, International day for the Victims of Torture, at the wish of his family, who believe he died as a consequence of torture.” (Amnesty International (30 June 2010) Human rights activists targeted in Democratic Republic of Congo)

A report from the UN News Service states:

“Senior officials called today for a prompt and rigorous investigation into the killing of a renowned Congolese human rights defender whose body has been found on the outskirts of the capital, Kinshasa, one day after he was summoned to a police station.

Secretary-General Ban Ki-moon, UN High Commissioner for Human Rights , the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and Alan Doss, the head of the UN peacekeeping force in the Democratic Republic of the Congo (known as MONUC), have all issued statements condemning the murder of Floribert Chebeya Bahizire.

Mr. Chebeya's body was found yesterday, a day after human rights organizations in Kinshasa reported that he had disappeared after being summoned to police headquarters. His driver, Fidèle Bazana, is still missing.” (UN News Service (3 June 2010) UN condemns murder of Democratic Republic of Congo human rights defender, urges inquiry)

A report from states:

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“Over the years, Chebeya had been threatened and intimidated repeatedly by Congolese authorities as a result of his work. In recent weeks, he had reported that he believed he again was under surveillance by the security services.

On June 1, Chebeya received a telephone call requesting his presence at the office of the inspector general of the national police, Gen. John Numbi, his colleagues told UN officials. He left his office at 5 p.m. to attend the meeting. A few hours later he contacted his family and said he was still waiting at the police inspectorate, but after 9 p.m. all communication stopped.

On June 2, the police said that Chebeya had been found dead in his car in the Mont Ngafula area of Kinshasa. By midday on June 2, a police account implying that Chebeya's body had been found in the back seat of his car with used condoms and a sexual stimulant was circulated to journalists and others in Kinshasa, though no investigation had begun.

The authorities initially refused requests by Chebeya's family and UN human rights officials for access to the body. Today a family member, a colleague, and UN representatives were allowed to visit the morgue on the condition that they could not touch the body. They identified Chebeya and noticed a medium-size bandage on his forehead, apparently covering a wound. The rest of his body was covered with a sheet, which was not removed during the visit.” (Human Rights Watch (3 June 2010) DR Congo: Prominent Human Rights Defender Killed)

A report published by the United Kingdom’s Foreign and Commonwealth Office, in a section headed “Human rights defenders”, states:

“Human rights defenders continued to face serious threats, intimidation, and violence throughout 2010. In early June, the murder of Floribert Chebeya, a prominent human rights activist and executive director of NGO Voix des Sans Voix (Voice of the Voiceless), elicited widespread condemnation from Congolese civil society and the international community. He was last heard from en route to a meeting with the inspector-general of the Congolese National Police, John Numbi. President Kabila pledged to bring the perpetrators to justice, whilst the international community offered assistance with the investigation.

Our officials had met Mr Chebeya regularly, including a few weeks before his death. Henry Bellingham issued an immediate statement expressing our deep concern at the circumstances surrounding the death of Mr Chebeya and called for a credible and transparent investigation to bring the perpetrators to justice. In July, Henry Bellingham discussed the situation with Prime Minister Muzito during his visit to Kinshasa, reiterating UK concerns. We continued to press the DRC authorities to take action throughout the year. Following an investigation the trial of six suspects began in December.

Mr Chebeya's case is the first of 11 deaths of human rights defenders since 2003 to reach trial. While Mr Chebeya's family and supporters are disappointed that Mr Numbi will only be appearing as a witness, he has been suspended from his post.” (United Kingdom: Foreign and Commonwealth

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Office (31 March 2011) Human Rights and Democracy: The 2010 Foreign & Commonwealth Office Report - Democratic Republic of the Congo)

A report from the Associated Press states:

“When police hauled Floribert Chebeya Bahizire in for questioning in March, they made him get down on the floor and held a gun to his head during the interview. He knew he was being followed by security agents and was often harassed. It wasn't surprising then that the national police chief, Gen. John Numbi, asked to meet with the Congolese rights activist earlier this month. But hours after his family got a text message saying he'd left the station and was coming home, passers-by discovered his body in his car on the outskirts of Kinshasa in the early morning hours of June 2. He appeared to have been strangled, according to the organization he ran, Voix des Sans Voix, or Voice of the Voiceless. Even in Congo, where activists and journalists are routinely intimidated, the violent death of one of the country's most prominent human rights defenders was shocking. What happened next was more predictable: Officials announced the car was littered with condoms. Human Rights Watch said the salacious announcement was made before the investigation even began. But they apparently did not count on the strength of the international outcry and have since made more positive gestures by suspending Numbi and arresting his intelligence director.” (Associated Press International (13 June 2010) Congo activist's death reflects power struggle)

A report from Agence France Presse refers to the result of an autopsy on Floribert Chebeya as follows:

“Human rights activist Floribert Chebeya died of a heart attack after suffering physical abuse, said an autopsy released to his family in the Democratic Republic of Congo on Thursday. Chebeya's brother said the autopsy, carried out by Dutch doctors, confirmed that he had been murdered. His widow called for an international inquiry into his death. Chebeya, 41, was found dead with his hands tied behind his back on June 2. The autopsy, carried out by the doctors on June 11, noted superficial cuts and some bleeding around the wrists, forearms and the legs caused by an external source, the family said. These lesions were ‘the consequence of applying an external constraint by clamping, compression or shock,’ such as a tight knot, ‘blows, collisions or other forms of mechanical stress,’ it added. But the autopsy, a copy of which was seen by AFP, said that these injuries had not played a major role in Chebeya's death. The report did not produce evidence giving a clear anatomical explanation for his death, but said: ‘The observations are nevertheless strongly in favour of a primary cause of death involving the heart.’” (Agence France Presse (8 July 2010) DR Congo activist died after physical abuse: autopsy)

An Agence France Presse report on the trial of persons accused of the murder of Floribert Chebeya states:

“The trial began in Kinshasa on Friday of eight police officers accused of the murder of leading Congolese human rights activist Floribert Chebeya in June. Chebeya, 47, who headed the prominent human rights organisation La Voix des Sans Voix (VSV - The Voice of the Voiceless), disappeared on June 1 after going to police headquarters in Kinshasa. He was found dead the following day, tied up on the back seat of his car on the outskirts of the

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capital. His driver, Fidele Bazana, was never found. VSV staff believe that both men were murdered. Five of the eight accused, who include head of special services Colonel Daniel Mukalay, with Major Georges Kitungwa and Lieutenant François Ngoy, were in court. The three other accused are on the run and will be judged in their absence by the court in Gombe, a posh part of Kinshasa. A respected rights activist whose death caused an international outcry, Chebeya had gone to the police headquarters for a meeting, which never took place, with the chief of police, General John Numbi. Numbi has since been suspended from duty.” (Agence France Presse (12 November 2010) Police on trial over DRCongo activist's killing)

An Agence France Presse report on the testimony of a witness in this trial states:

“A witness in the trial of eight police officers accused of the murder of a Democratic Republic of Congo human rights activist on Thursday said locals told him they saw officers transport and then abandon Floribert Chebeya's body. Mbala Ndonzvao told the court that local people, whom he has been unable to trace, told him they saw two police jeeps arrive near their homes on the outskirts of Kinshasa accompanied by Chebeya's car. The vehicles stopped at the side of the road and the person driving the murdered activist's car got out and got into one of the police jeeps. The jeeps then set off towards Kinshasa, he added.” (Agence France Presse (24 February 2011) Body of DR Congo rights activist dumped by police: witness)

See also Agence France Presse report on this trial which states:

“A military court in the Democratic Republic of Congo will deliver its verdict Thursday in the trial of eight police officers accused of murdering leading rights activist Floribert Chebeya. Judgment had originally been scheduled for July 16, but was postponed after a judge fell ill. Chebeya, founder and director of the rights group la Voix des Sans Voix (Voice of the Voiceless, VSV), was found dead in the back of his car on June 2 last year on a road near Kinshasa. His wrists bore the traces of handcuffs. A day earlier, the 47- year-old had gone to police headquarters in Kinshasa for a meeting with the national force's Inspector General John Numbi. The activist's driver Fidele Bazana, who accompanied him, has disappeared. Chebeya's death sparked outrage from national and international rights campaigners as well as from the United States and . Five of the policemen accused of involvement in the murder, a colonel, a major, a lieutenant, a second lieutenant and a warrant officer, have been arrested and appeared at the trial, denying all charges. Two majors and a warrant officer are an the run and were tried in their absence.” (Agence France Presse (21 June 2011) Verdict Thursday in DR Congo activist murder trial)

An Agence France Presse report on Floribert Chebeya refers to sentences passed on persons accused of his murder as follows:

“He was found dead in the back seat of a car the day after he went to the meeting which national police chief Inspector General John Numbi denied was ever scheduled. Numbi has since been suspended. The activist's driver Fidele Bazana, who accompanied him, has disappeared. A military court on Thursday sentenced four policemen to death for the killing, including the deputy special services chief Colonel Daniel Mukalay who was judged to be

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the ‘intellectual author’ of the murder. The three others sentenced to death were the actual killers, the court said. They were sentenced in absentia and are still on the run. Another police officer was sent to jail for life and three others were acquitted. The killing sparked condemnation from around the world, including the United States, and tributes for the slain activist.” (Agence France Presse (23 June 2011) Slain Chebeya, DR Congo rights champion)

See also report from the Economist Intelligence Unit which states:

“On June 23rd a military court in Kinshasa sentenced to death four policemen, including Colonel Daniel Mukalay, the deputy chief of police intelligence, for the murder of Floribert Chebeya, a human rights activist, in June 2010 (September 2010, The political scene). Another police officer was sentenced to life imprisonment and three others were acquitted. Mr Chebeya had been the respected head of a human rights organisation called Voix des sans-voix ('voice of the voiceless'), and his death evoked international interest. Few accepted the claim by the police at the time that Mr Chebeya had been engaged in a sexual encounter that had gone awry.” (Economist Intelligence Unit (EIU) (1 September 2011) The political scene: Four are sentenced to death for the murder of rights activist)

An Agence France Presse report states:

“A military court in the Democratic Republic of Congo on Thursday commuted a senior police officer's death sentence over the 2010 murder of prominent rights activist Floribert Chebeya and his driver. On appeal, the Supreme Military Court reduced Colonel Daniel Mukalay's sentence to 15 years in prison and acquitted another officer, Captain Michel Mwila, who had been facing a life sentence. The court upheld the acquittal of three other officers. Chebeya, the renowned founder of the Voice of the Voiceless rights charity, was found dead in his car on the outskirts of Kinshasa on June 2, 2010, a day after he was driven to police headquarters for an appointment with the chief of police. ‘This (new verdict) trivialises a state crime,’ said Richard Bondo, head of the plaintiffs' legal team, vowing to return to court for another review. A military court in 2011 convicted Mukalay, the deputy chief of police special services, and sentenced him to death while handing Mwila a life term. Chebeya's chauffeur, Fidele Bazana, also vanished and his body has never been found. During the first trial, the court concluded that Bazana had also been murdered.” (Agence France Presse (17 September 2015) DR Congo court commutes officer's death sentence for activist murder)

This response was prepared after researching publicly accessible information currently available to the Research and Information Unit within time constraints. This response is not and does not purport to be conclusive as to the merit of any particular claim to refugee status or asylum. Please read in full all documents referred to.

References:

Agence France Presse (17 September 2015) DR Congo court commutes officer's death sentence for activist murder http://www.lexisnexis.com (Accessed 15 September 2016)

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This is a subscription database

Agence France Presse (23 June 2011) Slain Chebeya, DR Congo rights champion http://www.lexisnexis.com (Accessed 15 September 2016) This is a subscription database

Agence France Presse (21 June 2011) Verdict Thursday in DR Congo activist murder trial http://www.lexisnexis.com (Accessed 15 September 2016) This is a subscription database

Agence France Presse (24 February 2011) Body of DR Congo rights activist dumped by police: witness http://www.lexisnexis.com (Accessed 15 September 2016) This is a subscription database

Agence France Presse (12 November 2010) Police on trial over DRCongo activist's killing http://www.lexisnexis.com (Accessed 15 September 2016) This is a subscription database

Agence France Presse (8 July 2010) DR Congo activist died after physical abuse: autopsy http://www.lexisnexis.com (Accessed 15 September 2016) This is a subscription database

Amnesty International (30 June 2010) Human rights activists targeted in Democratic Republic of Congo https://www.amnesty.org/en/latest/news/2010/06/human-rights-activists- targeted-democratic-republic-congo/ (Accessed 15 September 2016)

Associated Press (13 June 2010) Congo activist's death reflects power struggle http://www.lexisnexis.com (Accessed 15 September 2016) This is a subscription database

Economist Intelligence Unit (EIU) (1 September 2011) The political scene: Four are sentenced to death for the murder of rights activist http://www.lexisnexis.com (Accessed 15 September 2016) This is a subscription database

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Human Rights Watch (3 June 2010) DR Congo: Prominent Human Rights Defender Killed https://www.hrw.org/news/2010/06/03/dr-congo-prominent-human-rights- defender-killed (Accessed 15 September 2016) This is a subscription database

United Kingdom: Foreign and Commonwealth Office (31 March 2011) Human Rights and Democracy: The 2010 Foreign & Commonwealth Office Report - Democratic Republic of the Congo http://www.refworld.org/docid/4d99aa84c.html (Accessed 15 September 2016)

UN News Service (3 June 2010) UN condemns murder of Democratic Republic of Congo human rights defender, urges inquiry http://www.refworld.org/cgi- bin/texis/vtx/rwmain?page=printdoc&docid=4c1091e21e (Accessed 15 September 2016)

Sources Consulted:

Amnesty International European Country of Origin Information Network Google Human Rights Watch Lexis Nexis Refugee Documentation Centre Query Database UNHCR Refworld

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