AFRICA - House Foreign Affairs Committee Democrats

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The ICRC, as well as local NGOs, were allowed to visit prisoner of war (POWs)
held in official detention centers. The ICRC and other international observers regularly
visited a facility in Kinshasa where the Government provided shelter to Tutsis
for their own protection (see Section 5).
In areas not under government control, rebel groups and foreign troops tortured,
raped, and otherwise physically abused numerous persons during the year with impunity.
RCD/G and RDF forces were responsible for numerous cases of beatings and
torture that resulted in death (see Sections 1.a. and 1.g.). Rebel and foreign groups
beat, tortured, and abused political figures, journalists, and community leaders
while arresting or detaining them. Numerous cases of torture and abuse were unreported
because these groups, particularly the RCD/G and RDF, denied access to
NGOs.
At the military jail at Ndosho, outside Goma, RDF and RCD/G forces reportedly
imprisoned individuals during the year in two small metal freight containers that
had no openings for air or light. During the week of January 10 to 17, 35 civilians
were detained in one of the containers and numerous military personnel were held
in the other; several detainees died from injuries inflicted during torture. Following
a March grenade attack in Goma by unknown assailants, RCD/G authorities in May
and June arrested numerous individuals for political reasons, charged them with
the attack, and held them in the containers, where they were beaten and tortured.
After the RDF withdrawal in October, the arrestees, who included Zelote Farini
Luendo Shandwe, Elias Nguru, Janvier Mugerangabo, Alphonse Munamire, Mathe
Sikuli Vasaka, and Simon Salumu were transferred to the DGS detention facility,
where they were remained under detention at year’s end without charge and with
limited access to family members and human rights NGOs.
During the RCD/G response to the May 14 to 15 mutiny attempt in Kisangani
(see Section 1.g.), RCD/G soldiers reportedly held RCD/G police and alleged Mai Mai
at the airport in overcrowded shipping containers; an undetermined number of detainees
reportedly died of suffocation, dehydration, or exhaustion after RCD/G
troops sealed them inside without ventilation, food, or water.
Rebel and foreign groups, particularly the RCD/G and RDF, kidnaped, raped, and
tortured numerous women (see Section 1.g.).
RCD/G and RDF military and police violently dispersed demonstrations (see Section
2.b.).
Rebel forces and foreign troops, particularly the RCD/G and RDF, were responsible
for systematic, non-lethal conflict abuses, including aerial bombardment of civilian
populated areas (see Section 1.g.).
No known action was taken against responsible members of the RCD/G or RDF
in any of the 2001 or 2000 cases of torture, beatings, or rape.
Following an October 25 coup attempt in the CAR, CAR President Ange Felix
Patasse asked MLC president Bemba for support against the rebels. Bemba sent approximately
1,500 MLC troops to the CAR, where they committed a number of
extrajudicial killings of civilians, raped many women and girls, and looted hundreds
of houses and businesses. The MLC troops remained in the CAR at year’s end.
Prison conditions in areas outside of government control were extremely harsh
and life threatening. Most detention facilities were not designed for the purpose,
and detainees often were kept in overcrowded rooms with little or no light or ventilation.
Detainees typically slept on cement or dirt floors without bedding and had
no access to sanitation, potable water, toilets, or adequate medical care. Tuberculosis,
red diarrhea, and other infectious diseases were widespread. Little or no
food was provided to detainees, and guards demanded bribes to allow family members
or friends to bring food to prisoners. Prisoners frequently were subjected to torture,
beatings, and other abuse with no medical attention. There were numerous
credible reports that rebel forces and foreign troops beat or tortured prisoners and
then released them to their families just in time for them to die (see Section 1.a.).
There continued to be reports that RCD/G and RDF forces frequently used the private
residences of Rwandan or rebel military commanders for incarcerations. Reports
from former detainees indicated a pattern of beatings, undernourishment, and
deliberate killings in these houses.
Human rights NGOs, family members, and lawyers were systematically denied
access to detention facilities by RCD/G and RDF authorities.
d. Arbitrary Arrest, Detention, or Exile.—In government-controlled territory, despite
legal provisions governing arrest and detention procedures, the security forces
were responsible for numerous cases of arbitrary arrest and detention. Under the
law, serious offenses (those punishable by more than 6 months imprisonment) do
not require a warrant for a suspect’s arrest. Only a law enforcement officer with
‘‘judicial police officer’’ status was empowered to authorize arrest. This status also
was vested in senior officers of the security services. The law requires that detainees
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