2/11/09

URGENT ACTION APPEAL
- From Amnesty International USA

To read the current Urgent Action newsletter, go to
http://www.amnestyusa.org/urgent/newslett.html
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For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa03809.pdf


11 February 2009

UA 38/09 - Incommunicado detention/Fear of torture and other ill-treatment

DEMOCRATIC REPUBLICOF CONGO (DRC)
Pepe Nginamau Malaba (m), trade unionist

Trade union leader Pepe Nginamau Malaba, who represents trade union members at the Ministry of the National Economy and Trade, was arrested on 19 January in Kinshasa, the DRC's capital. He has been held incommunicado since then, putting him at risk of torture and other ill-treatment. Amnesty International considers him a prisoner of conscience, detained solely for the peaceful exercise of his right to freedom of expression.

He was arrested by five agents of the Agence nationale de renseignments (ANR), National Intelligence Agency, when he was on his way to give the Prime Minister an employee memorandum alleging the misappropriation of public money by the Minister of National Economy and Trade, including funds earmarked for the payment of staff bonuses.

DRC-based human rights organizations and his trade union have attempted to secure his release through the courts and by approaches to the government, but so far without success.

BACKGROUND INFORMATION
Pepe Nginamau Malaba is a member of the Centrale Congolaise du Travail (CCT) trade union and president of the union branch at the Ministry of the National Economy and Trade

Corruption is pervasive in all walks of public life in the DRC and is a major barrier to the country's social and economic development and the eradication of poverty. Journalists and trade unionists who attempt to expose alleged corruption in government institutions are routinely arbitrarily arrested by the intelligence services.

Under Article 18 of the DRC Constitution, all people detained have the right to immediate contact with their families or legal representatives. No one arrested may be held in investigative custody (garde a vue) for longer than 48 hours, after which they must be released or brought before a judge. All detainees must be treated so as to preserve their life, physical and mental health and dignity.

The ANR, which is under the direct authority of the President, is supposedly limited to investigating crimes against the security of the state, but routinely makes arbitrary arrests of peaceful opposition supporters, civil society activists and journalists; it also takes on the police's role of arresting people suspected of common criminal offenses. Lawyers, national human rights groups and UN human rights monitors are routinely denied access to ANR detainees.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- urging the authorities to release Nginamau Malaba immediately and unconditionally, as he is a prisoner of conscience, detained solely for the peaceful exercise of his right to freedom of expression;
- urging the authorities to allow Nginamau Malaba immediate access to legal representation as well as family visits and any medical attention he may require.

APPEALS TO:
Head of State
Son Excellence Joseph KABILA
President de la Republique
Presidence de la Republique
Palais de la Nation
Avenue de Lemera
Kinshasa-Ngaliema
DEMOCRATIC REPUBLIC OF CONGO
E-mail: presipp@yahoo.fr
Salutation: Dear President Kabila/Son Excellence Monsieur le President

Prime Minister
Adolphe Muzito
Premier Ministre de la Republique
Primature
Palais de la Nation
Avenue de Lemera
Kinshasa-Ngaliema
DEMOCRATIC REPUBLIC OF CONGO
E-mail: primaturerdc@yahoo.fr
Salutation: Dear Prime Minister/ Monsieur le Premier Ministre

President of the National Assembly
Vital Kamerhe
Assemblee Nationale
Palais du Peuple
Kinshasa, Lingwala
DEMOCRATIC REPUBLIC OF CONGO
E-mail: assnat@parlement-rdc.org
Salutation: Dear President of the National Assembly/Monsieur le President de l’Assemblee Nationale

President of the Senate
Leon KENGO WA DONDO
Senat
Palais du Peuple
Kinshasa, Lingwala
DEMOCRATIC REPUBLIC OF CONGO
Email: senat@parlement-rdc.org
Salutation: Dear President of the Senate/Monsieur le President du Senat

COPIES TO:
Ambassador Faida Mitifu
Embassy of the Democratic Republic of the Congo
1800 New Hampshire Ave, NW
Washington, DC 20009

Consular Office:
1726 M St, NW
Washington, DC 20036
Tel: 202 234 7690
Fax: 202 234 2609

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 25 March 2009.

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Tip of the Month:
Use shortcuts: Do whatever is necessary to make your letter
writing as quick and easy as possible. This way, letters
will not be put off and they can be sent out sooner. Start
by making a generic file for each type of concern;
paragraphs on torture, the death penalty, disappearances,
denial of medical care and so on, can be copied into your
working file and edited as needed.