Brussels (The Brussels Morning Newspaper) – The European Union has voiced strong opposition to the death sentences handed down to several leaders of the M23/Congo River (Fleavu) Alliance rebels, calling it a breach of the rule of law.
How did the DR congo court handle M23 rebel Sentences?
A military court posing in Gombe-Kinshasa on August 8, handed death sentences in absentia to the coordinator of the Alliance, Corneille Nangaa, M23 Rebels president Bertrand Bisimwa, rebel military leader Gen Emmanuel Sultan Makenga, former spokesperson Col Vianney Kazarama and reporter Paluku Magloire among others.
The court also physically penalised several M23 members, including Éric Nkuba, Nangaa Baseyane Putters, Safari Bishori Luc, Nkangya Nyamacho (alias Microbe), and Samafu Makinu Nicaisse. They were sentenced to war crimes, participation in a criminal group, and treason. Additionally, the court administered a warrant for the immediate detention of Nangaa and ordered the confiscation of his property.
On the same day, the High Court of Kinshasa-Gombe convicted to death six members of The Force of Progress, a group linked with the Union for Democracy and Social Progress party, for criminal association and attempted murder.
What are the EU’s concerns about the fairness of trials?
In a statement released by Nabila Massrali, EU spokesperson for foreign affairs and security policy stated that the accused persons have a right to a fair trial and fair hearing. The EU said that the sentence represents the highest denial of human dignity, fails to prevent criminal acts and makes miscarriages of justice irreversible.
“The EU reiterates its adherence to the need to guarantee the right to a fair trial and respect for the rights of the accused, in line with the international legal commitments to which the DRC has subscribed. The EU also repeats its total opposition to the death penalty, in all circumstances,” the statement reads. It added that the death penalty is inconsistent with the inalienable right to life and is cruel, inhuman and diminishing. It represents the ultimate rejection of human dignity, fails to deter criminal acts and drives miscarriages of justice irreversible.
How has the conflict between M23 and the congolese Government evolved?
The battle between M23 and the Congolese government started in March 2022, led by Bertrand Bisimwa and Emmanuel Sultan Makenga. The war ushered in the M23/AFC capture and control of extensive parts of Rutshuru, Masisi, Nyiragongo and Lubero parts in North Kivu province.
The DRC government has repeatedly blamed Rwanda for supporting M23, a declaration that both Rwanda and M23 deny. The rebels claim that their fight is against corruption, xenophobia, and prejudice within the DR Congo’s leadership.
