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