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reportedly told Kangundu that they had orders to kill him. As the head of
the political section of La Référence Plus, Kangunda covered a variety of
economic and political issues, including relations between political
parties in the power-sharing government. On 10 March 2006, it was
reported that second lieutenants Joël Mungande Kimbao and Didier
Awatimbine and warrant officer Munongo Muyika had been detained as
suspects and that Col. Mputu Mpende, a member of the Kinshasa-Matete
military inspectorate, had said that in the course of their initial enquiries
the police discovered that these three soldiers had used the victims’
mobile phones during the 12 hours following the double-murder. Trial of
suspects: The first public hearing in the trial of the three suspects took
place on 12 July 2006, amidst calls from human rights organisations,
notably Journaliste en Danger (JED), that an independent investigation
take place. The military tribunal conducting the trial has been unable to
guarantee its independence, particularly in light of an investigative report
published by JED in February 2006, which implicated leading members
of President Kabila’s ruling party in the deaths. The police had been
acting on the theory that the double murder was a common-law crime,
despite evidence suggesting that the motives may have been political. In
early 2007 JED noted that out of 20 scheduled hearings due to take place
since the trial began in July 2006, only eight had actually occurred, five
of which focussed on procedural matters. Verdict: Joël Mungande
Kimbao, the main defendant, and Munongo Muyika, were both
sentenced to death on 13 April 2007 by the military court of the
Kinshasa/Matete garrison. The third defendant, Didier Awatimbine, was
sentenced to life imprisonment. All three were found guilty of murder,
attempted murder, extortion and violation of prison regulations. The
court also condemned a fourth man, Serges Kabungu Obez, in absentia,
to five years in prison for having purchased a phone belonging to the
victim. Paulin Kusungila, the uncle of Joel Mungade Kimbao, was
acquitted. There have been widespread concerns that major procedural
failings and governmental obstruction have undermined the trial and
prevented the true motives of the crime from being revealed. New information:
In December 2007, an appeal confirmed the original verdict,
and the case was closed. No additional investigation was carried out.
Bapuwa MWAMBA: freelance print journalist for several Kinshasabased
newspapers, was shot dead by unidentified gunmen who stormed
his home on 8 July 2006. An investigation into the possible motives for
his murder was opened. In late August 2006, police revealed that they
were holding a former soldier and two civilians whom they believed
killed Mwamba in a botched robbery attempt. On 1 June 2007 the trial of
the presumed assassins began at the Kinshasa/ Matete Military Tribunal.
Four people were facing charges of “murder, illegal possession of
firearms, criminal conspiracy and armed robbery”. New information:
On 24 August the court pronounced its verdict. Vungu Mbembo, Nkunku
Makwala and Mangwele Lowayi were found guilty of “criminal
conspiracy, armed robbery, illegal possession of firearms and war munitions
and non-premeditated murder” and were sentenced to death. The
fourth defendant, Suami Sumbu, was sentenced to 20 years in prison for
“illegal possession of firearms and war munitions.” The court ordered the
defendants to pay a CF150,000 (US$300) fine and, jointly with the
Congolese state, US$3.5 million in damages to Bapuwa’s family.
Popol Ntula VITA: local correspondent for the Kinshasa private weekly
newspaper La Cité Africaine, was sentenced to three months in prison and
a fine on charges of defamation on 26 February 2007. The ruling followed
the public prosecutor’s request for a 12-month prison sentence. Vita was
convicted for an article published on 6 January 2007 in which he accused
the head of the local tax office and three other treasury officials of corrup-
tion. The article in question stated that the four had overcharged for motor
vehicle licence plates and had taken the extra money for their own use,
reportedly a common embezzlement practice in the Congolese civil
service. Vita was sentenced in his absence and is understood later to have
gone into hiding. No further news as of 31 December – case closed.
ERITREA
Reportedly died in custody
Said ABDELKADER (writer, chief editor of Admas and owner of a
press that printed a number of independent newspapers in Eritrea – born
c. 1969), Medhanie HAILE (assistant editor-in-chief of Keste Debena –
‘Rainbow’ – born c. 1970), Yusuf MOHAMED ALI (editor-in-chief of
Tsigenay – born c. 1958), Fesshaye YOHANNES “Joshua” (co-owner
of Setit, playwright and poet – born c. 1957). Date of arrest: in the days
following 23 September 2001. Detained along with a number of other
journalists and former members of parliament as a part of a large scale
crackdown on government critics calling for democratic reforms. On 18
September 2001, known as “Black Tuesday”, the government closed
down all independent media outlets indefinitely (see Main cases entry
below for more details). Sentence: None of the men are believed to have
been brought to trial. Reports of deaths in custody: In November 2006
Reporters San Frontières (RSF) asserted the credibility of reports of the
deaths of Said Abdulkader (March 2005), Medhanie Haile (February
2006) and Yusuf Mohamed Ali (13 June 2006), which had been circulating
for some time (e.g. www.aigaforum.com, www.awate.com and
www.asmarino.com).The men’s deaths were attributed to harsh conditions
and lack of medical attention in Eiraeiro, a secret prison in the
northern Red Sea desert province and accessible only by foot. In
February 2007, a number of reports strongly suggested that Fesshaye
Yohannes “Joshua” had also died in Eiraeiro on 11 January 2007.
Yohannes had “disappeared” after taking part in a hunger strike in April
2002. He is thought to have been detained in an underground prison in
Dongolo, to the north of Asmara, before being transferred to Eiraeiro.
Yohannes was paralysed in one hand and had been walking with difficulty
for many years. He is thought to have died as a result of severe ill
treatment and denial of medical care. Some sources indicate that that he
had suffered torture prior to his death, including having his fingernails
ripped out. Media censorship and the fact that Eritrea is closed to human
rights investigators means that these reports remain unconfirmed. No
further news as of December 2007. PEN is continuing to monitor these
cases. Honorary Members: American PEN, PEN Canada, Ghanaian
PEN (Medhanie Haile).
Main cases
Emanuel ASRAT (editor-in-chief of Zemen – ‘Time’ ), Temesken
GHEBREYESUS (sports reporter of Keste Debena - ‘Rainbow’ - born
c. 1967), Mattewos HABTEAB (chief editor of Meqaleh - ‘Echo’ - born
c. 1973), Dawit HABTEMICHAEL (assistant chief editor of Meqaleh -
born c. 1973), Dawit ISAAC (co-owner of Setit, writer – born 1964),
Date of arrest: in the days following 23 September 2001. Sentence: not
yet sentenced. Details of arrest and charges: According to news
reports, presidential adviser Yemane Gebremeskel stated that these journalists
(and the four listed in the entry above) may have been arrested for
avoiding national service. The detentions came in the wake of the closing
down of all eight independent newspapers by the authorities on 18
September 2001 (these include the weeklies Meqaleh, Setit, Tsigenay,
Zemen, Wintana, and Admas). Since then, only the state newspaper,