**Updates IFEX alerts of 13 December, 10 December, 19 October, 30 July and 26 March 1999 and 8 December 1998** (JED/IFEX) – On Tuesday 14 December 1999, Joseph Mbakulu Pambu Diana appeared before the Court of Military Order (COM). In his closing speech, Commander Ntsinu Pukuta, representing the prosecution, sought a twelve-month jail sentence with […]
**Updates IFEX alerts of 13 December, 10 December, 19 October, 30 July and 26 March 1999 and 8 December 1998**
(JED/IFEX) – On Tuesday 14 December 1999, Joseph Mbakulu Pambu Diana appeared before the Court of Military Order (COM). In his closing speech, Commander Ntsinu Pukuta, representing the prosecution, sought a twelve-month jail sentence with no parole for Mbakulu Pambu, in accordance with Article 119 of the Congolese Penal Code, Book II, which stipulates that: “An individual who knowingly spreads false news of a nature likely to alarm people or incite them against the established government, shall be punished with a jail term of one month to one year and fined 20 to 100 Congolese Francs, or receive one of these punishments, even if there was no initial intention to cause disturbances in the State”.
The prosecution based its request on the defendant’s alleged crime of: “having spread false news simply by having read the message of rebel commander Kabengele on the set of Matadi Radiotelevision (RTM) on 14 August 1998.” The prosecution added: “with the clear intention and will to act while knowing the purpose – inciting people against the government in Kinshasa.”
Mbakulu’s defence team pleaded not guilty to the prosecution’s accusations and sought a full acquittal. According to the journalist’s lawyers, “anyone caught in the same circumstances – the occupation of the city by the rebellion – would have acted in the same way as Mbakulu. To ask for any other reaction from someone would be demanding political heroism rather than following the rule of law”.
The court will consider the issues and the sentence will be announced on 23 December. Regardless of the court’s decision, the heaviest possible penalty is a twelve-month prison sentence. Mbakulu is currently in his fourteenth month of detention. It is therefore clear that the journalist will be released on 23 December.
