MOVEMENT ON THE FARDC FIVE

C O N F I D E N T I A L KINSHASA 000855 SIPDIS E.O. 12958: DECL: 09/21/2019 TAGS: PHUM PGOV PREL UNSC CG SUBJECT: MOVEMENT ON THE FARDC FIVE Classified By: Ambassador William J. Garvelink for reasons 1.4 (b) and (d). ¶1. (C) Polcouns met on September 18 with Todd Howland, head of the UN's Joint Human Rights Office in Kinshasa, to discuss the cases of five FARDC officers under investigation for rape, singled out to President Kabila for action by visiting UNSC ambassadors in May. Howland claimed that none of the five have been formerly charged, although two (Lt. Colonel Bebimobuli, alias "106," and Colonel Safari) are in custody. This, according to Howland, amounted to "arbitrary detention." ¶2. (C) On the positive ledger, Howland confirmed that the two (Major Pitchen and Colonel Mosala) who were until two weeks ago active in Kimia II military operations had been removed from command positions in Eastern DRC. Neither has apparently been arrested. Although all five officers are "under investigation," Howland cautioned against undue optimism, as all five have been in this status since 2008. SRSG Alan Doss told the ambassador on September 20 that all five had been removed from combat areas. Howland agreed that there had been movement on the cases. Movement on the political and military fronts was positive, although "glacial," in Howland's opinion. ¶3. (C) Howland remarked that the dossiers for the five FARDC officers had been transferred from Bukavu (the region where the crimes allegedly took place) to Kinshasa. Simultaneously, the military auditor Auditeur militaire") of the Kinshasa court had demanded $60,000 to support the continued investigation of the five cases. ¶4. (C) At a meeting on September 20, SRSG Doss reviewed latest developments on the "Security Council List of 5" with ambassadors of U.S., UK, and Belgium. His information tracked closely with that of Howland, although he seems to view the GDRC's response to the Security Council's demand that those on the list of five be convicted, as admittedly slow, but decidedly positive. He did not say so, but we believe Doss is optimistic the five will ultimately be brought to justice and punished. ¶5. (C) Comment: The removal of the five officers away from command positions in combat areas is an important step. The fact that the dossiers were transferred to Kinshasa is not entirely unwelcome -- there is just as much or more possibility of political influence, bribery, and lack of proper judicial procedures in the provinces as in Kinshasa. In Kinshasa, the international community will be in a better situation to monitor progress or non-progress on the investigations. The demand for financial assistance to continue the investigations is almost certainly an attempt by one bureaucrat to earn some extra money on the side. End comment. GARVELINK