CCPR/C/115/D/2214/2012
measures to protect the members of the author’s family from any form of reprisal and
to take all necessary and appropriate steps to ensure their protection during the entire
time that the communication was under review by the Committee.
The facts as presented by the author
2.1 In January 2008, the author was recruited as the Director of Human Resources at
Banque Congolaise in the Democratic Republic of the Congo. In March 2008, having
assumed his new functions, he was appointed to the Good Governance Committee in
his capacity as secretary of the bank. The Committee, which comprises representatives
of the bank and outside individuals who serve by appointment, is responsible for
auditing the bank’s accounts and management. The author ’s main duty consisted of
preparing a report on the internal operations of the bank for submission to Union
Congolaise des Banques after clearance by the President of Banque Congolaise, Mr.
R.Y.
2.2 Shortly after assuming his duties, the author detected a number of financial
irregularities at the bank. In June 2008, he submitted for approval by Mr. R.Y. a report
detailing the unsound practices detected. The report was signed off on by the majority
of the members of the Good Governance Committee. The President of the bank,
however, refused to transmit the report to Union Congolaise des Banques and, as the
author refused to remove the critical text, confiscated the report. In early August 2008,
the President presented a new version of the report that did not mention the fraudulent
acts that had been detected. The author refused to sign off on the amended report and
tendered his resignation, which was not accepted by the President. During that same
period, the author noticed that an anonymous deposit of US$ 50,000 had been made
into his bank account. He sought an explanation from the President of the bank, whom
he suspected of having made the deposit, but was unsuccessful in his attempt. In view
of the author’s determination, the President eventually agreed to take back the funds
that had been deposited in the author ’s account and desisted from seeking the author ’s
signature on the report for Union Congolaise des Banques. The author at that point
withdrew his letter of resignation.
2.3 After that, however, the author saw his authority and prerogatives being
gradually reduced, which he interpreted as a form of intimidation. When he again
detected financial mishandling at the bank, particularly in relation to a consultancy
contract between the United States company Custom and Tax Consultancy and the
Congolese Customs and Excise Office, the author informed the President and the
board of directors of his findings. As the President had become increasingly
threatening towards him, the author resigned on 30 October 2008. On 5 December
2008, the author was hired by Access Bank. In the interim, around 10 November 2008,
the author refused an offer made by Banque Congolaise concerning compensation.
2.4 On 12 November 2008, the car in which the author was travelling with his
daughters was pursued by armed men dressed in civilian clothing. The author was able
to lose them. Later the same day, at 11 p.m., some armed men in military uniform
came to his home and tried to enter. The author ’s security guard refused to let them in;
they said they had a warrant but did not present it. The following day, the author filed
a complaint against persons unknown in connection with the act of aggression from
which he had escaped by car. He filed his complaint at the police station located on
Avenue Kabambare in Kinshasa. He never received a copy of the offi cial version of
his complaint and was never able to follow up on it.
2.5 On 8 December 2008, the author received a call on his mobile phone from a
colleague of the President of Banque Congolaise. She said that the purpose of the call
was to inform the author that the President of Banque Congolaise had met with the
Prime Minister and the Minister of the Budget and that, during the meeting, they had
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