281/03 Marcel Wetsh’okonda Koso and others / Democratic Republic of
Congo
Summary of Facts
rd
1. On 23 September 2003, the Secretariat of the African Commission on Human and Peoples’
Rights received from Barrister Marcel Wetsh’ Okonda Koso, solicitor of the Kinshasa-Gombe Bench
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and of the NGO Campagne pour les Droits de l’Homme au Congo , from Barrister Izua Kembo,
solicitor of the Kinshasa-Gombe Bench and member of the NGO Comité des Observateurs des Droits
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de l’Homme. , and from Barrister Odette Disu, solicitor and member of the Kinshasa-Gombe Bench,
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and of the NGO “ASMEBOKEN” a communication, introduced on behalf of 5 persons as follows:
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5.
Ngimbi Nkiama Gaby, Contractor, born on 19.04.1958 in Kinshasa;
Bukasa Musenga, Trade Inspector, born on 25.09.1967 in Kinshasa;
Duza Kade Willy, Soldier, born on 30.10.1963 in Lisala;
Issa Yaba, Femala Soldier, born on 10.04.1958 in Irebu; and
Musalinsa Manoy, Soldier, born on 10.05.1958.
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2. The communication is introduced against the Democratic Republic of Congo, (State [party] to the
African Charter, and hereinafter referred to as DRC, in accordance with Article 55 of the African
Charter on Human and Peoples’ Rights (the African Charter).
3. The Complainants allege that, on 23.07.1999, the said Ngimbo [sic] Nkiama placed an order for
the supply of 3.5 cubic metres of petrol at ELF (a petroleum company) which he was supposed to
collect on 26.06.1999 at SEP/Congo. But the said Ngimbi Nkiama was arrested by policemen who are
said to have discovered a supply of 6 drums in surplus following his collection of 40 drums of fuel
instead of the 34 drums of fuel he initially ordered for.
4. Besides, the Complainants maintain that on 04.08.1999 the said Ngimbi Nkiama was arrested and
sent to the Conseil National de Sécurité quarters together with four jointly accused persons, Bukasa
Musenga, Duza Kade Willy, Issa Yaba, and Muzaliwa Manoy.
5. According to the Complainants, on the 11.09.1999, the said Ngimbi Nkiama and the jointly
accused persons were arraigned before the Military Court of DRC for “partaking, during war time, in
the committing of acts of sabotage by the diversion of 70 drums of gas-oil and of 40 drums of gas-oil
belonging to the Congolese Armed Forces”.
6. And that the Military Court comprising 5 judges [sic] (among whom would be only one trained
jurist) tried the said Ngimbi Nkiama and his jointly accused [sic] accomplices for the evidence adduced
against and sentenced them to a capital punishment, a [quote] “decree on a ground without the least
justification [sic] [quote]” and the right to file an appeal against the decree [sic]; the decisions of the
Military Court being not [subject] either for a review or for an appeal (Decree No.091 of 23.08.1997
establishing the Military Court of DRC).
The Complaint
7. The Complainants allege that the above-mentioned facts constitute a violation by the DRC
of Articles 7 and 26.a of the African Charter and of paragraph 3 of the Provision for the right to the
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means of an appeal and of a fair trial [sic] , adopted by the African Commission during its
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11 Ordinary Session held in Tunis, Tunisia from 2 to 9 March 1992.
8. Furthermore, the Complainants maintain that the aforementioned facts constitute a violation by the
DRC of the Article 14(1)of International Covenant on Civil and Political Rights.
9. Consequently, the Complainants request the African Commission to:
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Declare Decree No. 019 of 23.08.1997, establishing a court for military order and its Article 5,
contrary to the international commitments of the DRC as far as fair trial is concerned as
stipulated in the African Charter [sic];