(JED/IFEX) – The following is a 14 October 2003 JED press release: Kinshasa, 14 October 2003 State Security Court keeps journalist in prison illegally for past eight months Bamporiki Chamira, a journalist with the Kinshasa-based daily “La Tempête des Tropiques”, who was arrested on 14 February 2003 at his home in Kinshasa/Ngaliema by National Intelligence […]
(JED/IFEX) – The following is a 14 October 2003 JED press release:
Kinshasa, 14 October 2003
State Security Court keeps journalist in prison illegally for past eight months
Bamporiki Chamira, a journalist with the Kinshasa-based daily “La Tempête des Tropiques”, who was arrested on 14 February 2003 at his home in Kinshasa/Ngaliema by National Intelligence Agency (Agence nationale des renseignements, ANR) officers, is still detained at Kinshasa’s Penitentiary and Reeducation Centre (Centre pénitentiaire et de rééducation de Kinshasa, CPRK, former Makala central prison).
The journalist is officially accused of “direct or indirect participation in a plot aimed at eliminating President Joseph Kabila and direct or indirect participation in Commander Doris Mbenge’s escape from an ANR/Lemera cell”. In early 2003, Chamira’s daughter – who is still on the run to this day – allegedly facilitated the escape of her husband, Commander Doris Mbenge, who was arrested in October 2002. According to the State Security Court (Cour de Sûreté de l’Etat, CSE), during the ANR’s search of Chamira’s residence on 14 February 2003, “damning documents,” which have not been otherwise identified, were allegedly discovered.
On 25 March, after 40 days of detention in an ANR cell in Kinshasa/Gombe, Chamira and his co-accused were handed over to the CSE in Kinshasa/Lingwala. On 17 June, Chamira’s trial opened at the CSE, presided over by Judge Mbo Lumpungu.
During the hearing, the journalist’s lawyer, Dieudonnée Diku, asked the prosecution to list the facts that would prove the journalist had participated in the alleged plot. The lawyer for the prosecution responded that on the day of Commander Mbenge’s escape, at 1:00 a.m., Chamira spoke by telephone with his daughter, who happens to be Mbenge’s wife. The lawyer went on to say that during the conversation, the journalist allegedly asked his daughter about “the progress of the operation.” Chamira admitted that he had spoken to his daughter that day, but denied that he had inquired about any operation. The defence said that the prosecution’s testimony presupposes that Chamira’s telephone was tapped, and that consequently it should have been possible to prevent Commander Mbenge’s escape.
The court recessed at the conclusion of the 24 June hearing. Nearly four months later, the CSE has still not delivered its ruling, in violation of Article 80 of the Criminal Procedure Code, which stipulates that a verdict must be issued within eight days.
Four other members of Chamira’s family are also being tried, including a woman and a student. The other accused are Nyamwoga Munyerenkana Florence, Ngabo Bamporiki Raymond, Sankina Bigabwa Rony and Munganga Mutambwe Roger.
Based on this information, JED notes that:
– Chamira is in his eighth month of detention marked by several irregularities;
– The CSE has violated Article 80 of the Criminal Procedure Code, which sets a limit of eight days, from the moment a case goes into deliberation, to deliver a verdict;
– There has been no response to the 5 May 2003 appeal by media representatives and JED for a presidential pardon. Meanwhile, the warlords who continue to cast a pall over the Republic lounge about freely and with impunity in Kinshasa.
In view of this, JED renews its request for a pardon and asks President Joseph Kabila, in his role as Supreme Magistrate, to rectify the irregularities surrounding this case and to order the unconditional release of Chamira and his co-accused.
Tshivis T. Tshivuadi
Secretary-general
D. M’Baya Tshimanga
President
