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Further information on UA 42/92 (AFR 62/02/92, 4 February) - Zaire: incommunicado detention / ill-treatment concern and new concerns: torture / unfair trial / "disappearance: About 30 soldiers arrested at "La Voix du Zaire" radio and television complex fo

, Index number: AFR 62/006/1992

EXTERNAL (for general distribution) AI Index: AFR 62/06/92
Distr: UA/SC
10 April 1992
Further information on UA 42/92 (AFR 62/02/92, 4 February 1992) - Incommunicado
detention/ill-treatment concern and new concerns - Torture/Unfair
trial/"Disappearance"
ZAIRE:About 30 soldiers arrested at "La Voix du Zaire" radio and television complex
following an alleged coup attempt
(Please note corrected number of soldiers arrested)
Amnesty International has learned that about nine soldiers, arrested in connection
with the alleged coup attempt on 22 January 1992, were sentenced to prison terms
ranging from five to 10 years on 4 April. They were among about 30 soldiers accused
of mutiny and other violent offences when they briefly took over the radio and
television complex known as "La Voix du Zaire". They were tried by the Higher
Court-Martial which also sentenced 18 soldiers, tried in absentia, to death.
During the trial some of the soldiers, who were held in underground cells at Tshatshi
military barracks (camp Tshatshi), claimed in court that they were repeatedly
subjected to torture which included severe beatings, assaults with bayonets, sexual
assaults and mock executions.
According to independent sources in Kinshasa the trial did not conform to international
standards for fair trial. The court martial did not order an independent
investigation into claims by the defendants that they made false statements under
torture. The trial was held in French, a language many of the defendants said they
did not understand.
Prior to the trial about 30 soldiers were known to have been arrested on 22 January
1992. However, only about nine apparently appeared in court and the others were
tried in absentia. There has been no explanation from the Zairian authorities as
to what happened to those who were arrested but were not produced in court. It is
feared that those "disappeared" may be dead. Fears are exacerbated by the fact that
only those not in court were sentenced to death.
Amnesty International is concerned that there has been no independent and impartial
investigation into the claims by the defendants that they were tortured while in
custody. The organization is also concerned that the soldiers who were arrested
but not brought before the court may be "disappeared" as no explanation has been
given as to what has happened to them.
FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/express and airmail letters
in FRENCH if possible:
- expressing concern at reports that the soldiers who were sentenced by the Higher
Court-Martial on 4 April 1992 were subjected to torture and other forms of cruel,
inhuman or degrading treatment while in custody at Tshatshi military barracks;
- urging the Zairian authorities to order an independent and impartial investigation
into claims by the defendants that they were tortured in order to bring to justice
those found responsible;
- calling for a review of their cases and any uncorroborated statements extracted
under torture to be declared inadmissible in court;
Page 2 of FU 42/92
- calling for an immediate independent and impartial investigation into reports that
some of the soldiers arrested on 22 January 1992 have "disappeared" in order to
establish their whereabouts. If any have indeed "disappeared" those found
responsible should be brought to justice.
APPEALS TO:
1) President:
Son Excellence le Maréchal
MOBUTU Sese Seko
Président de la République
Présidence de la République
Kinshasa-Ngaliema
République du Zaire
Telegrams: President Mobutu, Kinshasa,
Zaire
Telexes: 21368
Salutation: Monsieur le Président /
Dear President
2) Prime Minister:
Monsieur Nguza Karl-i-Bond
Premier Ministre
Hotel du Conseil exécutif
Kinshasa-Gombe
République du Zaire
Telegrams: Premier Ministre Karl-i-
Bond, Kinshasa, Zaire
Telexes: 21368
Salutation: Monsieur le Premier
Ministre /
Dear Prime Minister
3) Minister of Justice and Attorney
General:
Monsieur Mobuka
Ministre de la Justice et Garde des
Sceaux
Ministére de la Justice, BP 3137
Kinshasa-Gombe
République du Zaire
Telegrams: Ministre de la Justice
Mobuka, Kinshasa, Zaire
Telexes: 2136
Salutation: Monsieur le Ministre /
Dear Minister
4) Minister of Defence:
Monsieur Ngbanda Nzambo ko Atumba
Ministre de la Défense nationale,
la Sécurité du territoire et des
Anciens combattants
Ministére de la Défense, BP 3137
Kinshasa-Gombe, République du Zaire
Telegrams: Ministre de la Defense
nationale, Kinshasa, Zaire
Telexes: 2136 DDNZR
Salutation: Monsieur le Ministre /
Dear Minister
COPIES OF YOUR APPEALS TO:
Procurator General of the Zairian Armed
Forces:
Général Fariala Eutcha
Auditeur Général des Forces armées
zairoises
Auditorat des Faz
Ministère de la Défence nationale
BP 4734
Kinshasa-Ngaliema
République du Zaire
Chief of Staff of the Armed Forces:
Monsieur le Général
MAHELE Liyeko Bokungu
Chef d'Etat-Major Général des
Forces armées Zaïroises (FAZ)
Ministère de la Défense nationale
Kinshasa-Ngaliema
République du Zaire
Presidential adviser: Maitre NIMY Mayidika Ngimbi
Conseiller spécial du Chef d'Etat
en matiére de sécurité
Présidence de la République
Kinshasa-Ngaliema
République du Zaire
newspapers:
Elima, BP 10017 Kinshasa-Limete, Zaire
La Semaine, 138 Avenue Wagenia,
BP 15116, Kinshasa 1, Zaire
Le Potential, 2 Avenue Msi-Manimba,
BP 11338, Kinshasa, Zaire
and to diplomatic representatives of Zaire in your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your
section office, if sending appeals after 22 May 1992.

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