Human Rights our
Collective Responsibility
The Complainant also adds that, still under threat, Sergeant Chance stole their radio and forced her and
her husband to hand over to him the sum of $120, which represented all their savings. She states that
Sergeant Chance returned shortly afterwards, but the screams of the whole family made him leave.
The Complainant submits that Sergeant Chance was arrested by the FARDC after she reported the
incident.
The Complainant alleges that on 5 November 2008, the Senior Military Prosecutor charged Sergeant
Chance with rape and extortion.
The Complainant states that for the purpose of the investigation, Dr Rosette Kavira, an official at the
Ministry of Public Affairs, examined her on 7 November 2008 and concluded that she had probably been
raped.
o. The Complainant states that later, the hospital where the medical examination took place lost her
medical report and for this reason she refused any further treatment, so she was never tested for
HIV/ AIDS.
1. The Complainant reveals that on 10 November 2008, she filed a civil claim with the Operational Military
Tribunal (OMT) for compensation for non-material damage and the return of the sum of $120 and the
radio. The Complainant states that the action was brought against the accused and the Respondent State
in solidum.
2. The Complainant states that on 17 November 2008, the North Kivu OMT issued a judgment
sentencing
Sergeant Shombo Chance to penal servitude for life and dismissing him from the army. She said that the
judgment declared her claims as a civil party admissible and thereby ordered the reimbursement of the
$120 and the return of the radio by Sergeant Chance. She added that the accused and the Respondent
State were also ordered to pay;damages in the amount of $10,000.
3. The Complainant avers that, following the announcement of the judgment, she approached the Registrar
of the OMT more than once, to request payment. However, she contends that, the Registrar asked her to
speak to her lawyer and told her that she would have to pay 10% of the total amount awarded. She says
this discouraged her and she did not contact the Registrar again.
4. The Complainant
states that on 17 October 2013, the OMT Registrar issued a judgment notification to