CCPR/C/131/D/2772/2016 Intelligence Agency. Seeing this shattered the author’s hopes of ever escaping from his predicament. 2.6 On 20 December 2014, the author’s lawyer submitted a criminal complaint against D.C. to Bukavu general prosecution service for arbitrary arrest and detention, and injurious allegations,2 citing the incidents of torture. The lawyer did not name H.K. in the criminal complaint, as he feared that direct reprisals would be taken against the author, who, being in the hands of the National Intelligence Agency, was in a vulnerable position. Following the filing of the complaint, the public prosecutor assigned the case to a criminal investigation officer, who did not take any steps to open a genuine preliminary investigation because, among other reasons, the complainant was being held at the premises of the National Intelligence Agency. Consequently, no further action has been taken in connection with the case. On 9 January 2015, a local NGO known as Action sociale pour le développement Mumosho Mudusa submitted a complaint of unlawful arrest to the public prosecutor attached to Bukavu Court of Appeal in an attempt to have the author and his case brought under the jurisdiction of the general prosecution service. 2.7 On 14 January 2015, D.C. applied to the President of Bukavu Commercial Court for permission to bring a private prosecution against the author. On 15 January 2015, the President issued an order authorizing D.C. to summon the author at short notice to appear before the Commercial Court on 21 January 2015 while the general prosecution service was still investigating the case. At the first hearing before the Commercial Court, the author raised an objection to the Court’s jurisdiction. On 23 January 2015, this objection was dismissed pursuant to an interlocutory decision by which the Court asserted its jurisdiction. On 31 January 2015, the author appealed this decision, at which point the proceedings before the Commercial Court were suspended and the case was brought before the Court of Appeal, which was competent to rule on the question of jurisdiction. On 26 February 2015, Bukavu Court of Appeal ruled that the Commercial Court lacked jurisdiction to try the case and remitted the case to Bukavu District Court for an examination of its merits. D.C. then petitioned Bukavu Court of Appeal with a view to preventing the District Court from trying the case on the ground of reasonable suspicion, but the former dismissed the petition in question. D.C. finally decided not to pursue legal action against the author owing to a lack of evidence. 2.8 The author was held at the premises of the National Intelligence Agency until 14 January 2015, when he was brought before Bukavu general prosecution service. When the author appeared before the general prosecution service, the prosecutor issued a warrant for his provisional detention. On 15 January 2015, the author was again brought before the general prosecution service, where he was heard by the Advocate General in the presence of his lawyer. During the hearing, the author mentioned the bouts of torture to which he had been subjected at the premises of the National Intelligence Agency. At the end of the hearing, the author was returned to Bukavu central prison. 2.9 It was only from this date onward – 29 days after his arrest – that the author was able to see and talk to his lawyer for the first time. On 19 January 2015, the author submitted a request for release on bail to the public prosecutor but received no response. Subsequently, on 27 January 2015, a hearing was held before Bukavu District Court so that it could rule on the author’s detention pending trial. In the course of this hearing, the author was denied legal assistance and the Court ordered his pretrial detention. 2.10 On 18 February 2015, the author submitted a request for release on bail to Bukavu District Court. On 19 February 2015, the Court rejected the application on the ground that there was credible evidence to indicate that he was guilty as charged. On 20 February 2015, the author appealed this decision but, in early March 2015, Bukavu Tribunal de Grande Instance (court of major jurisdiction) upheld the lower court’s decision and rejected the appeal. 2.11 On 27 February 2015, since no action had been taken on the criminal complaint filed on 20 December 2014 against D.C. for arbitrary arrest and detention, and injurious allegations, 2 GE.21-09615 Injurious allegations, otherwise known as defamation, and insults are covered by and punishable under articles 74, 75 and 77 of the Criminal Code. 3

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