Identifier
Created
Classification
Origin
07KINSHASA129
2007-02-01 14:24:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kinshasa
Cable title:
CONGOLESE MILITARY JUSTICE FIGHTING AN UPHILL
how-toVZCZCXRO5106 PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN DE RUEHKI #0129/01 0321424 ZNR UUUUU ZZH P 011424Z FEB 07 FM AMEMBASSY KINSHASA TO RUEHC/SECSTATE WASHDC PRIORITY 5532 INFO RUEHXR/RWANDA COLLECTIVE RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY RUEAIIA/CIA WASHDC RHEFDIA/DIA WASHDC RHMFISS/HQ USEUCOM VAIHINGEN GE RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
UNCLAS SECTION 01 OF 03 KINSHASA 000129
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV KJUS PHUM KPKO CG
SUBJECT: CONGOLESE MILITARY JUSTICE FIGHTING AN UPHILL
BATTLE
UNCLAS SECTION 01 OF 03 KINSHASA 000129
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV KJUS PHUM KPKO CG
SUBJECT: CONGOLESE MILITARY JUSTICE FIGHTING AN UPHILL
BATTLE
1. (SBU) Summary. The numerous obstacles to effective
application of military justice in the Congo are in stark
evidence in the province of Katanga. Military courts are
fighting an uphill battle against crumbling infrastructure,
poor facilities, and the lack of legal training for
practitioners, relevant legal texts, and adequate security
for detainees and prisoners alike. Military tribunals have
jurisdiction over both military and certain civilian criminal
cases. Structural parallels to the U.S. justice system, as
well as Congolese interest in American participation, provide
an opportunity for U.S.-Congolese cooperation. The Mission
has therefore made military judicial sector support a high
priority. End summary.
2. (SBU) Poloff's visits to military tribunals in Kalemie
and Lubumbashi and to the Kalemie prison painted a stark
picture of the faults in the Congolese military justice
system. While the situation is dire everywhere, the reality
in Katanga is as bad as, if not worse than, other areas in
the DRC. Nevertheless, military prosecutors, judges and
other officials remain eager for U.S. advice and assistance.
Collaboration with MONUC Rule of Law personnel, and
discussion with other donors, reveal that very little
assistance is planned for the military justice system. As a
result, Post has identified this sector as one of the areas
with the greatest need and the greatest potential for
successful intervention.
--------------
Military Tribunal in Kalemie
--------------
3. (U) In Kalemie, a functioning military court hears cases
in a facility plagued by abysmal infrastructure. In the
courtroom, there is a single battered desk from which the
judge presides, yet no benches or chairs for any other
participants. Ancient bench supports remain embedded in the
cement floor without seats laid across them. Planks are
sometimes brought in to create temporary seats for witnesses,
victims, and their supporters -- or not.
4. (U) Military judges' offices are bare; they lack even
basics such as copies of current laws, legal texts and
reference books. In one office, case files were piled on its
single shelf. Despite the efforts of the recent transitional
government to update the legal code, one weary magistrate
made continual reference to a battered and much-used copy of
the "Code Penal Zairoise." He stated that he had never seen
a copy of the recently-passed (and immediately relevant) Law
Against Sexual and Gender-Based Violence.
5. (U) Given the lack of basic office furniture, the lack of
equipment was no surprise. Computers, printers,
photocopiers, and internet access are all a distant dream.
The five magistrates who worked out of the Kalemie tribunal
shared one vintage-era manual typewriter to document all
cases and record courtroom proceedings.
6. (U) After giving a tour of the tribunal, the magistrate
asked if poloff would like to visit the "cachot" (literally
"dungeon," but in common usage in the DRC a temporary holding
cell or make-shift jail). The "cachot" which housed
detainees waiting for trial and those awaiting transport to
the prison was a small building approximately 12 feet by 15
feet. It had no windows, minimal ventilation, no lights, no
electricity, no running water, and no toilet facilities. The
single wooden door was bolted with a padlock, barricaded with
stones, and guarded by four soldiers.
7. (U) When the door was opened, the eleven men laying on
the cement floor inside recoiled from the light. The
magistrate explained that most were soldiers accused of petty
crimes; three had already been convicted but had not been
moved (after several weeks) to the prison due to lack of
transport. Some of the occupants had been there for months.
--------------
Kalemie Prison
--------------
8. (U) The Kalemie prison houses all detainees in the
region, both civilian and military. Its single greatest
challenge is security. The building, dating from 1928, has a
brick and mortar shell that can be penetrated within several
hours using only a spoon. The prison was originally built
KINSHASA 00000129 002 OF 003
next to a small river, but time and erosion have so damaged
the site that approximately one quarter of the facility is in
danger of crumbling down the bank.
9. (U) There are few perimeter lights, and even those are
rendered useless during frequent blackouts. There is no
security wire around the top of the walls; prisoners have
been known to boost one another over the top when the guards
aren't watching closely. One of the magistrates described
detention in the facility as "voluntary imprisonment," adding
that there had been 44 separate escapes in 2006 alone.
10. (U) There are close to 200 prisoners at the Kalemie
facility, including 13 women, a handful of juveniles, and
three infants living there with their mothers. Some of the
prisoners are violent criminals, and thirty have been
condemned to death. The local magistrate lamented the
impossibility of transferring the most dangerous prisoners to
a more secure facility, citing the lack of vehicles,
gasoline, and costs to effect a secure transfer.
11. (U) As in most Congolese prisons, prisoners do not eat
unless their families bring them food and pay off (or provide
food to) the guards. Nevertheless, these prisoners are
relatively fortunate; being from the immediate area, they
have family members nearby to assist, and while thin, none of
them were visibly starving.
--------------
Military Tribunal in Lubumbashi
--------------
12. (U) Even the regional military tribunal headquarters in
Lubumbashi, although superior to facilities in the outlying
regions, is beset by the same deficiencies: legal texts and
professional materials; furniture, modern office equipment
and supplies; and the means to manage security and transport
of prisoners.
13. (U) When asked about the greatest challenges, the
president of the military court in Lubumbashi stated that the
system needs "everything from bricks to paper." Echoing his
provincial colleagues, he emphasized that modernization of
the system required professional training, significant
material support, and security at every level in the military
justice process.
--------------
Military Jurisdiction
--------------
14. (U) Congolese law, similar to the American system, makes
a distinction between civil and military jurisdiction.
However, it stipulates trial in a military court when the
defendant is a soldier, a policeman, or a civilian who has
used a "weapon of war" in the commission of a crime. In some
cases, jurisdiction is clear and unambiguous, such as when a
soldier is accused of rape, looting, or murder.
Justification for military jurisdiction is much more murky in
other cases, such as a civilian accused of committing a crime
-- usually against another civilian -- with a "weapon of
war."
--------------
The Future?
--------------
15. (U) Conditions in Katanga military tribunals are
unfortunately representative of courts throughout the DRC.
Those working in the military justice sector are managing the
best they can in a broken system. Most of the military
magistrates we spoke with in Katanga are hopeful that the new
Congolese government, with international support, will
address the problems and improve the system.
16. (U) Even if the new government is able to enact broad
military justice sector reforms, military tribunals must
continue to manage the flood of cases already before them.
Long-term reform will take time and cannot alleviate the
immediate strains or address the urgent needs of the existing
system.
--------------
Comment
--------------
KINSHASA 00000129 003 OF 003
17. (SBU) The clear needs in the DRC's military justice
system, combined with acknowledged American expertise, create
a unique opportunity for U.S. engagement. Targeted U.S.
assistance programs could have an immediate, visible impact
and would enhance the DRC's military effectiveness by
addressing military impunity, a major security deficit. The
Congolese have expressed interest in U.S. involvement and
other donors are not committed to assistance in this sector.
Post is therefore pursuing opportunities to provide support
to the military justice system. End comment.
MEECE
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV KJUS PHUM KPKO CG
SUBJECT: CONGOLESE MILITARY JUSTICE FIGHTING AN UPHILL
BATTLE
1. (SBU) Summary. The numerous obstacles to effective
application of military justice in the Congo are in stark
evidence in the province of Katanga. Military courts are
fighting an uphill battle against crumbling infrastructure,
poor facilities, and the lack of legal training for
practitioners, relevant legal texts, and adequate security
for detainees and prisoners alike. Military tribunals have
jurisdiction over both military and certain civilian criminal
cases. Structural parallels to the U.S. justice system, as
well as Congolese interest in American participation, provide
an opportunity for U.S.-Congolese cooperation. The Mission
has therefore made military judicial sector support a high
priority. End summary.
2. (SBU) Poloff's visits to military tribunals in Kalemie
and Lubumbashi and to the Kalemie prison painted a stark
picture of the faults in the Congolese military justice
system. While the situation is dire everywhere, the reality
in Katanga is as bad as, if not worse than, other areas in
the DRC. Nevertheless, military prosecutors, judges and
other officials remain eager for U.S. advice and assistance.
Collaboration with MONUC Rule of Law personnel, and
discussion with other donors, reveal that very little
assistance is planned for the military justice system. As a
result, Post has identified this sector as one of the areas
with the greatest need and the greatest potential for
successful intervention.
--------------
Military Tribunal in Kalemie
--------------
3. (U) In Kalemie, a functioning military court hears cases
in a facility plagued by abysmal infrastructure. In the
courtroom, there is a single battered desk from which the
judge presides, yet no benches or chairs for any other
participants. Ancient bench supports remain embedded in the
cement floor without seats laid across them. Planks are
sometimes brought in to create temporary seats for witnesses,
victims, and their supporters -- or not.
4. (U) Military judges' offices are bare; they lack even
basics such as copies of current laws, legal texts and
reference books. In one office, case files were piled on its
single shelf. Despite the efforts of the recent transitional
government to update the legal code, one weary magistrate
made continual reference to a battered and much-used copy of
the "Code Penal Zairoise." He stated that he had never seen
a copy of the recently-passed (and immediately relevant) Law
Against Sexual and Gender-Based Violence.
5. (U) Given the lack of basic office furniture, the lack of
equipment was no surprise. Computers, printers,
photocopiers, and internet access are all a distant dream.
The five magistrates who worked out of the Kalemie tribunal
shared one vintage-era manual typewriter to document all
cases and record courtroom proceedings.
6. (U) After giving a tour of the tribunal, the magistrate
asked if poloff would like to visit the "cachot" (literally
"dungeon," but in common usage in the DRC a temporary holding
cell or make-shift jail). The "cachot" which housed
detainees waiting for trial and those awaiting transport to
the prison was a small building approximately 12 feet by 15
feet. It had no windows, minimal ventilation, no lights, no
electricity, no running water, and no toilet facilities. The
single wooden door was bolted with a padlock, barricaded with
stones, and guarded by four soldiers.
7. (U) When the door was opened, the eleven men laying on
the cement floor inside recoiled from the light. The
magistrate explained that most were soldiers accused of petty
crimes; three had already been convicted but had not been
moved (after several weeks) to the prison due to lack of
transport. Some of the occupants had been there for months.
--------------
Kalemie Prison
--------------
8. (U) The Kalemie prison houses all detainees in the
region, both civilian and military. Its single greatest
challenge is security. The building, dating from 1928, has a
brick and mortar shell that can be penetrated within several
hours using only a spoon. The prison was originally built
KINSHASA 00000129 002 OF 003
next to a small river, but time and erosion have so damaged
the site that approximately one quarter of the facility is in
danger of crumbling down the bank.
9. (U) There are few perimeter lights, and even those are
rendered useless during frequent blackouts. There is no
security wire around the top of the walls; prisoners have
been known to boost one another over the top when the guards
aren't watching closely. One of the magistrates described
detention in the facility as "voluntary imprisonment," adding
that there had been 44 separate escapes in 2006 alone.
10. (U) There are close to 200 prisoners at the Kalemie
facility, including 13 women, a handful of juveniles, and
three infants living there with their mothers. Some of the
prisoners are violent criminals, and thirty have been
condemned to death. The local magistrate lamented the
impossibility of transferring the most dangerous prisoners to
a more secure facility, citing the lack of vehicles,
gasoline, and costs to effect a secure transfer.
11. (U) As in most Congolese prisons, prisoners do not eat
unless their families bring them food and pay off (or provide
food to) the guards. Nevertheless, these prisoners are
relatively fortunate; being from the immediate area, they
have family members nearby to assist, and while thin, none of
them were visibly starving.
--------------
Military Tribunal in Lubumbashi
--------------
12. (U) Even the regional military tribunal headquarters in
Lubumbashi, although superior to facilities in the outlying
regions, is beset by the same deficiencies: legal texts and
professional materials; furniture, modern office equipment
and supplies; and the means to manage security and transport
of prisoners.
13. (U) When asked about the greatest challenges, the
president of the military court in Lubumbashi stated that the
system needs "everything from bricks to paper." Echoing his
provincial colleagues, he emphasized that modernization of
the system required professional training, significant
material support, and security at every level in the military
justice process.
--------------
Military Jurisdiction
--------------
14. (U) Congolese law, similar to the American system, makes
a distinction between civil and military jurisdiction.
However, it stipulates trial in a military court when the
defendant is a soldier, a policeman, or a civilian who has
used a "weapon of war" in the commission of a crime. In some
cases, jurisdiction is clear and unambiguous, such as when a
soldier is accused of rape, looting, or murder.
Justification for military jurisdiction is much more murky in
other cases, such as a civilian accused of committing a crime
-- usually against another civilian -- with a "weapon of
war."
--------------
The Future?
--------------
15. (U) Conditions in Katanga military tribunals are
unfortunately representative of courts throughout the DRC.
Those working in the military justice sector are managing the
best they can in a broken system. Most of the military
magistrates we spoke with in Katanga are hopeful that the new
Congolese government, with international support, will
address the problems and improve the system.
16. (U) Even if the new government is able to enact broad
military justice sector reforms, military tribunals must
continue to manage the flood of cases already before them.
Long-term reform will take time and cannot alleviate the
immediate strains or address the urgent needs of the existing
system.
--------------
Comment
--------------
KINSHASA 00000129 003 OF 003
17. (SBU) The clear needs in the DRC's military justice
system, combined with acknowledged American expertise, create
a unique opportunity for U.S. engagement. Targeted U.S.
assistance programs could have an immediate, visible impact
and would enhance the DRC's military effectiveness by
addressing military impunity, a major security deficit. The
Congolese have expressed interest in U.S. involvement and
other donors are not committed to assistance in this sector.
Post is therefore pursuing opportunities to provide support
to the military justice system. End comment.
MEECE