DRC / Senegal: Senegalese Court Follows up on Complaint Based on Universal Jurisdiction filed by FIDH and the Families in the Chebeya-Bazana Case

| 28 August 2014
FIDH – International Federation for Human Rights
and its member and partner organisations in Senegal and the Democratic Republic of Congo

Press release


DRC / Senegal: Senegalese Court Follows up on Complaint Based on Universal Jurisdiction filed by FIDH and the Families in the Chebeya-Bazana Case

 


Dakar, Kinshasa, Paris, Nairobi, 27 August 2014 – Following the criminal complaint filed as the plaintiff in a civil action by FIDH and the victims’ families, before the Senegalese courts on the grounds of universal jurisdiction against Paul Mwilambwe, one of those alleged to be responsible for the double assassination of human rights defenders Floribert Chebeya and Fidèle Bazana, the examining magistrate heard the plaintiffs to confirm the complaint, thus signifying the beginning of the judicial investigation. Since the attempts to shed light on the double murder of these defenders seems to be blocked in the Democratic Republic of Congo (DRC), our organisations welcome the efforts of the Senegalese judicial authorities and urge them to continue the judicial investigations into this highly symbolic case.

« This first hearing of the plaintiffs is a fundamental act that marks the opening of the judicial proceedings in Senegal. The testimony that has just been given by the families of the victims will revive their hope that justice will be done. The next step is for a Senegalese judge to convene and hear Paul Mwilambwe, who played a role in this tragedy » said Patrick Baudouin, FIDH Honorary President and head of its Litigation Action Group (LAG).

Paul Mwilambwe, a major in the Congolese National Police force (PNC), was in charge of security for the office of General John Numbi, Head of the PNC at the time of the events, in the premises where Floribert Chebeya and Fidèle Bazana were tortured and killed. Shortly after these killings, Paul Mwilambwe fled through Africa before settling in Senegal. In a filmed interview with France 24 (in French), whilst still on the run, Mwilambwe testified as to his own participation in the enforced disappearance and murder of the two human rights defenders, as well as the role and involvement of senior ranking officers of the Congolese police, including General John Numbi.

«The action of the Senegalese judiciary in a case based on extra-territorial jurisdiction that is applied for the first time in Senegal sends a strong signal and is a precursor, » said Assane Dioma Ndiaye, LAG lawyer for FIDH and the families of Chebeya and Bazana. « The speed with which the courts reacted to the complaint that was filed shows the willingness of the Senegalese authorities to play an active role in the fight against impunity for the most serious crimes committed in Africa, » he added.

Our organisations feel that the confirmation of the complaint against Paul Mwilambwe is especially important for the DRC human rights defenders who work in very insecure conditions and are victims of restrictions to their right to freedom of association and speech, slander campaigns, arrest, arbitrary detention, threats and attacks to their physical integrity on a daily basis.

By confirming this complaint, the Senegalese judiciary allows us to hope that an impartial, independent investigation will finally be carried out and will provide full information on the murder of our husbands and restore their memory, said Marie-Josée Bazana, the wife of Fidèle Bazana whose body has still not been found.



The organisations are FIDH (International Federation for Human Rights), the Voix des sans voix (VSV), the Ligue des Électeurs (LE), the Association africaine des droits de l’Homme (ASADHO), the Groupe Lotus (GL), the Ligue sénégalaise des droits humains (LSDH), the Rencontre africaine pour la défense des droits de l’Homme (RADDHO) and the Organisation nationale des droits de l’Homme (ONDH).

–END–


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Arthur Manet
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The International Federation for Human Rights, known by its French acronym FIDH, is an international human rights NGO representing 178 organizations from close to 120 countries. Since 1922, FIDH has been defending all civil, political, economic, social and cultural rights as set out in the Universal Declaration for Human Rights.
 
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