GOVERNMENT ARRESTS MINOR OPPOSITION FIGURE

UNCLAS KINSHASA 000044

SIPDIS


SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PHUM KDEM CG
SUBJECT: GOVERNMENT ARRESTS MINOR OPPOSITION FIGURE



1. (SBU) Pastor Theodore Ngoy, an opposition gadfly and
self-proclaimed presidential candidate, was arrested December

29. His arrest came one day after he filed a motion with the
Supreme Court to cancel the results of the December 18
referendum due to his (comment: unsubstantiated) claim that
President Kabila had continued to campaign after the
established deadline. This was the second arrest in as many
weeks for Ngoy who was also detained for five days for
leading an unauthorized rally against the referendum.


2. (SBU) Pastor Ngoy's supporters believe his arrest is a
government attempt to derail his political career. If tried
and convicted, he would be ineligible to run for president.
Local human rights organizations and Ngoy's lawyer report
that he has been charged under the "general provisions" of
the legal code, a catch-all category that covers insulting
the president.


3. (SBU) Ngoy claims to have been beaten during the arrest,
along with several members of his congregation. He was held
by the Gombe (district of Kinshasa) prosecutor for the legal
48-hour detention period before being transferred to the
central Kinshasa prison (CPRK) on December 31. Ngoy has
repeatedly asked for medical assistance, and on January 7, at
the behest of the MONUC Human Rights Division, was seen by
his personal physician who reportedly diagnosed him with
cerebral malaria. This diagnosis has not been confirmed
independently. The human rights organization ASADHO is
seeking further information, but has established that Ngoy
was indeed ill and under medical care at the time of his
arrest.


4. (SBU) Comment: Ngoy has a long history of dissent and
detentions on the margins of the political scene, dating back
to his opposition to the 1998 Lusaka Agreement. Arresting
him has only elevated his stature and drawn attention to
claims that the general population would have otherwise
ignored. In the wake of a successful referendum, the
government's clumsy move has played right into the hands of a
man intent on grabbing headlines. End comment.
MEECE


NNNN