The Congolese judge who acquitted human rights lawyer and former Presidential Candidate, Marie Therese Nlandu has been detained in the Democratic Republic of Congo (DRC).
Major Mbokolo Wawa, former president of the military tribunal in Kinshasa/Gombe, and his assistant Captain Kawende were placed under house arrest after being detained on 8 January 2008. There are serious concerns for their wellbeing, said Christian Solidarity Worldwide (CSW).
Major Mbokolo Wawa has been the victim of death threats ever since his decision to release Mrs Nlandu last April. He had been ordered to report to Uvira near the Rwanda border, an area where there is no military court. He delayed his journey as he feared for his life and as a result has been charged for refusing to go.
The judge and his assistant were due to be brought before a military court in Kinshasa/Gombe. Sources now report that a trial is already underway in complete secrecy.
This is not the first report of harassment of people deemed to be sympathetic to Ms Nlandu. Soon after Mrs Nlandu's return to London in May 2007, CSW received credible reports of consistent harassment and threats against Maître Marcel Mutombo Mukendi, the head of Mrs Nlandu's legal defence team, and Charles Kianza, Mrs Nlandu's press attaché and a former detainee.
In addition, the case of an evangelical pastor jailed in the Congo since May 2006 was reopened on 12 December 2007, apparently due to international pressure. Pastor Fernando Kutino, an evangelical church leader, was arrested along with two associates after he made a speech that was deemed critical of foreign influence over the DRC's transitional government.
The three men were originally charged with 'incitement to hatred'. However, they were summoned before a military tribunal on 31 May where the charges presented were illegal possession of firearms, criminal conspiracy and attempted murder.
As with the case of Marie Therese Nlandu, the charges appear to have been formulated to ensure Pastor Kutino and his colleagues were tried under military jurisdiction even though they are civilians.
The trial lasted for only nine sittings, despite the complexities and gravity of the charges, and dispute about the authenticity of the evidence presented by the prosecution. One of the defendants, Junior Nganda, claimed that his testimony was obtained under torture, and a pastor who was the alleged victim relating to the attempted murder charges also reportedly refused to implicate Pastor Kutino or his colleagues.
Although Pastor Kutino's case has been reopened, the trial is reportedly being hampered by official obstruction and delays.
CSW's Chief Executive Mervyn Thomas said, "We are aware that these cases are just three of the many thousands of examples of unfair imprisonment in the DRC. Many detainees spend years in prison in appalling conditions before coming to trial.
"We urge the international community, particularly the EU and the UN, to ensure Major Mbokolo Wawa and Captain Kawende receive a fair trial, and to observe Pastor Kutino's trial in order to confirm that international standards for fair judicial process are upheld.
"In addition, we hope these institutions will impress upon the Congolese Government that information obtained under torture should not be used as evidence."
