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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