The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Democratic Republic of Congo.

Brief description of the situation

The International Secretariat of OMCT has been informed by the ‘Ligue de la Zone Afrique pour la Defense des Droits des Enfants et El?ves (LIZADEEL)’, a member of the SOS-Torture network, of the rape of two young girls of 13 and 17 years of whom the names are not mentioned for confidential and safety reasons.

1) According to the information received, on 15 January 2006 around 7 p.m., returning from a visit to the tailor in the municipality of Makala, a young girl of 13 years old, was approached by a young man in his twenties who had already tried before to approach her in the street of the school. At the intersection of the road to Kimwenza and By-pass (an uninhabited place), they were joined by six friends of the young men. After they had gagged the young girl with a scarf to prevent her from screaming, the seven men all raped the young girl from 7 p.m. until 5 a.m. She was found the following day by passers-by, bathing in her own blood.

After they had found their daughter back, the parents have alerted the police officers of the station close to Ngaba circus in the district of Mont Amba. The police officers know the identity of the men who raped the young girl. Nevertheless, resulting of, according to the police, insufficient financial means, the police is unable to undertake the necessary actions and the authors remain free and unpunished. The young girl has since then been looked after by the Bomoto health centre of Matonge which offers medical assistance to victims of sexual violence. She suffers since her rape of severe physical and psychological injuries. She can no longer walk properly and is at risk of no longer being able to have children according to the doctors. Traumatised, she no longer speaks since the rape and does not go to school any more.

2) Moreover, on 18 February 2006, another young girl, aged 17, was approached by five men when she went to a night prayers with her friend at around 8 p.m. in the municipality of Kalamu. When she tried to react, ? Dunga ?, who appeared to be the leader of the group, ordered his accomplices to burn the young girl with a cigarette. While three men of the group abducted the other girl, the two others overmastered the young girl and pulled her at her arms. Despite her calls for help, none of the present passers-by came to help. At one moment, she called out of an acquaintance who tried to intervene to help her but who was beaten by the two men. Furthermore, when they dragged her to the ground, two policemen in civil cloth, who were not on duty and live in the neighbourhood, have interpelatted the two men. Apparently recognising the persons, they did not offer any help to the young girl, nor did they warn their colleagues at the service. The young girl benefited from the discussion to escape and to look for refuge in a house the closest by. They immediate started to chase her and threw a brick at her, which caused a big bruise. When the two men found her back, they hit her violently. They forcibly brought her to a small room behind an outlet for drinks where she was held and raped by the two men. Furthermore Dunga brought in a bottle of soda in the sex of the young girl and moved it to hurt her severely. Following the rape of the girl, while the two men were having a discussion, she benefited to escape on hands and feet because she could not walk normally and asked a by-passer for help who guided her to her house.

Dunga was arrested two days later by the police following a compliant of the victim at the headquarters’ station of the Funa District. During his interrogation, the police officer realised the authors were an organised gang which regularly commits the same kind of actions. After having threatened the mayor of the municipality of Kalamu and because of a fear that he might flee, Dunga has been transferred to the Provincial Inspection and then to a penitentiary and re-education institution in Kinshasa in order to carry on breaking up the rapists’ network. The young girl, having suicidal tendencies, is treated at the Bomoto centre of Matonge and is seen regularly by a psychologist.

The International Secretariat of OMCT is deeply concerned about the use of sexual force in Kinshasa of which an important part is reportedly done by organised gangs, would like to remind that the Democratic Republic of Congo, as a State Party to the UN Convention on the Rights of the Child, should comply with article 19 stating that ? States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, (…) including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child ?. Moreover, in the second paragraph, article 19 precises that ? such protective measures should, as appropriate, include (…) other forms of prevention and (…) identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement ?. Furthermore, OMCT is also deeply concerned by the fact that, despite the knowledge of authors’ identity, they are not prosecuted and remain free and unpunished.

OMCT would like to remind that the Declaration on the Elimination of Violence Against Women states in article 4.c that States should ? exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons ?.

Actions requested

Please write to the authorities in the Democratic Republic of Congo urging them to:

1. take all necessary measures to guarantee the physical and psychological integrity of the two girls and intervene with the appropriate authorities in order to ensure that the adequate medical and psychosocial assistance is provided;
   
2. order a thorough and impartial investigation into this rape case, in order to identify all the responsible parties, bring them to trial and apply penal sanctions as provided for by law;
   
3. guarantee adequate reparation to the girls and their families;
   
4. guarantee the respect of human rights and the fundamental freedoms throughout DRC in accordance with international human rights standards, including the implementation of recommendations of the Committee Against Torture (CAT) at its 35th session (see point 12 regarding acts of violence against women, CA/C/RDC/CO/1/CRP.1).
   

Adresses

- President of the Republic, S.E. Joseph Kabila, Presidence de la Republique, Kinshasa-Ngaliema, Republique Democratique du Congo, E-mail: upp@ic.cd

- Vice-President of the Republic in charge of the Commission Politique, Defense et Securite, M. Azarias Ruberwa Manywa, Cabinet du Vice-President de la Republique, avenue roi Baudouin ex-3Z, Kinshasa/Gombe, Republique Democratique du Congo, Email : vice_presidence.rdc@ic.cd

- Minister of Foreign Affairs and International Cooperation, M. Ramazani Baya, Cabinet du Ministre, b?timent du Minist?re des Affaires Etrang?res, Kinshasa/Gombe, Republique Democratique du Congo

- Minister of Justice, M. Kisimba Ngoy, Minist?re de la Justice et Garde des Sceaux, BP 3137, Kinshasa Gombe, Republique Democratique du Congo, E-mail: minjustrdc@yahoo.fr

- Minister of Internal Affairs Fax: +243 88 02 042, E-mail: mininterieur@yahoo.fr

- Minister of Human Rights, Mme Marie-Madeleine Kalala, Cabinet du Ministre, Boulevard du 30 juin, Kinshasa/Gombe, Republique Democratique du Congo, Fax: 00 243 12 20 664, Email: min_droitshumains@yahoo.fr ou mindroits_humains@yahoo.fr

- National Observatory of Human Rights (ONDH), Cabinet du President, avenue Sendwe, Kinshasa/Kalamu, Republique Democratique du Congo, Tel: +243 98313740 / + 243 98271199 / + 243 98407633

- M. Theo Kiakwima, Deputy director of the National Intelligence Agency, Tel : + 243 995 8610

- Ambassador, Antoine Mindua Kesia-Mbe, Permanent mission of the Democratic Republic of Congo, Avenue de Bude 18, 1202 Gen?ve, Suisse, e-mail : missionrdc@bluewin.ch, Fax : +4122 740.16.82

- Chief of the diplomatic mission for the EU, Jean-Pierre Mavungu, Mission permanente de la Republique du Congo, 6 avenue de Foestraets, 1180 UCCLE

Geneva, 04 April 2006