Wednesday, 2nd April 2008
Right to fair trial in the Democratic Republic of Congo
On 14 May 2006, Pastor Kutino was arrested by the Congolese Special Service Police along with his two colleagues, Pastor Timothee Bompere and Junior Nganda. They were initially charged with ‘incitement to hatred’. After appearing before a military tribunal on 31 May, the charges were changed to illegal possession of firearms, criminal conspiracy and attempted murder. After a short trial, Junior Nganda alleged that his testimony was obtained under torture. Pastor Kutino had been sentenced to 20 years in prison in June 2006 despite much of the evidence being disputed, but the case was reopened in December 2007.
In the light of this: 1. Has the European Commission, under the EU Guidelines on the use of torture, made representations on behalf of Pastor Kutino's co-defendant, Junior Nganda, and impressed on the Congolese Government that information obtained under torture should not be used as evidence?
2. Can the Commission give assurance that the European Commission Delegation in DRC will observe the tribunal in order to ensure that Pastor Kutino receives a fair trial?
