CCPR/C/130/D/2731/2016

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
21 January 2021
English
Original: French

Human Rights Committee

Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication
No. 2731/2016*, **
Communication submitted by:

Déborah Kitumaini et al. (represented by counsel
of TRIAL International and the Canadian Centre
for International Justice)

Alleged victims:

The authors and Pascal Kabungulu

State party:

Democratic Republic of the Congo

Date of communication:

8 February 2016 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to the
State party on 18 February 2016 (not issued in
document form)

Date of adoption of Views:

6 November 2020

Subject matter:

Extrajudicial execution

Procedural issue:

Exhaustion of domestic remedies

Substantive issues:

Right to life; right to an effective remedy; cruel,
inhuman or degrading treatment or punishment;
security of person; unlawful interference with the
home; right to family life

Articles of the Covenant:

2 (3), 6 (1), 7, 9 (1), 17 and 23

Articles of the Optional Protocol:

2 and 5 (2)

1.
The authors of the communication are Déborah Kitumaini Kasiba (a Congolese and
Canadian national), Heri Kabungulu (a Congolese and Canadian national), Patrick Baraka
Kabungulu (a Congolese national), Pascal Debonheur Kibembi (a Congolese and Canadian
national) and Divine Kibembi (a Congolese national). They claim that Pascal Kabungulu
Kibembi, who was the husband of Déborah Kitumaini Kasiba and the father of the other
authors and was born in 1950, was the victim of an assassination for which the State party
may be held responsible under article 6 (1), read alone and in conjunction with article 2 (3),
and under article 9 (1) of the Covenant. In addition, the authors claim that they themselves
are victims of a violation of articles 7 and 17, read in conjunction with article 2 (3), and of
* Adopted by the Committee at its 130th session (12 October–6 November 2020).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Furuya Shuichi,
Christof Heyns, Bamariam Koita, David H. Moore, Duncan Laki Muhumuza, Photini Pazartzis,
Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany, Hélène Tigroudja,
Andreas Zimmermann and Gentian Zyberi.

GE.21-00792 (E)

160221

170221

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