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