259/02 - Working Group on Strategic Legal Cases v.
Democratic Republic of Congo
259/02 Working Group on Strategic Legal Cases v. Democratic Republic of Congo
Summary of the Facts
1. The Secretariat of the African Commission on Human and Peoples Rights (the Secretariat) received a
Complaint on 19 September 2002, against the Democratic Republic of Congo (DRC), a State Party to the
African Charter on Human and Peoples Rights (the African Charter). 1 The Complaint was filed by a group
of lawyers (Messrs Roger M. Buhereko, Emmanuel Nongera, Marcel WesthOkonda, Sylvie Diulu and
Kathy Byenda) belonging to the Groupe de Travail sur les Dossiers Judiciaires Stratégiques (Working
Group on Strategic Legal Cases).
2. The above-mentioned lawyers are acting as legal counsels on behalf of the following seven (7) persons,
the alleged victims of the Complaint:
1. Diyavanga Nkuyu;
2. Mbumba Ilunga;
3. Mwati Kabwe;
4. Bosey Jean Louis;
5. Banga Djunga;
6. Nanasi Kisala; and
7. Oscar Mwita (father of Joseph Kasongo).
3. The Complainants submit that pursuant to Article 5 of the Executive Order No. 019 of 23 August 1997
establishing the Military Court in the Democratic Republic of Congo, the following sentences were handed
down to the individuals mentioned below:
1. Diyavanga Nkuyu (born in March 1984): was sentenced to death on 6 February 1999 by the Matadi
military court for criminal conspiracy .
2. Mbumba Ilunga (born on 26 February 1984): was sentenced to death on 13 September 2000 by the
Mbandaka military court for voluntary manslaughter .
3. Mwati Kabwe (born on 15 May 1984): was sentenced to death on 13 September 2000 by the
Mbandaka military court for manslaughter .
4. Bosey Jean Louis (born on 25 May 1984): was sentenced to death on 5 June 1999 by the
Mbandaka military court for manslaughter .
5. Banga Djunga (born on 9 May 1984): was sentenced to death on 8 August 1999 by the Mbandaka
military court for weapons distribution .
6. Nanasi Kisala (born in 1984): was sentenced to death on 27 April 2001 by the Mbandaka military
court.
7. Joseph Kasongo (born in May 1986): was sentenced to death by the Military Court of Kinshasa for
[qoute]criminal conspiracy and murder in time of war[/quote].
4. All the persons thus convicted had their sentences commuted to life imprisonment except Joseph
Kasongo, who is presumed to have been executed on 15 January 2002 immediately after the sentence was
handed down.
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