REPUBLIC OF CONGO : ILAAD SUBMITS A COMPLAINT TO THE UNITED NATIONS ON BEHALF OF A MAN ARBITRARILY DETAINED FOR 9 YEARS WITHOUT BEING BROUGHT BEFORE A JUDGE

The International League Against Arbitrary Detention (ILAAD), alongside the Centre d’actions pour le développement Congo Brazzaville (CAD) have submitted a complaint to the United Nations Working Group on Arbitrary Detention (WGAD) on behalf of Mr. Jean Léonard MBARUSHA.

A RWANDAN NATIONAL ARBITRARILY DETAINED IN CONGO WITHOUT BEING BROUGHT BEFORE A JUDGE FOR 9 YEARS

This action concerns the arbitrary detention of a Rwandan national in the Republic of Congo. In May 2015, he was arrested and detained in Congo in execution of an international arrest warrant issued by Rwanda. 

Following an appeal against the extradition decree lodged by Mr. MBARUSHA's lawyer in September 2015, he was never extradited. However, Mr. MBARUSHA remains detained in a Brazzaville prison without any reason being given to justify his continued detention for more than 9 years. His detention without any legal basis, despite the annulment of the extradition decree ten years ago, despite the various internal appeals lodged by his lawyer, continues to date.

URGENT ACTION REQUESTED TO THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In these circumstances, ILAAD and the Centre d’actions pour le développement respectfully requested that the Working Group renders an opinion finding the deprivation of liberty despite the absence of charges against the victim to be arbitrary and falling within category I and III and :

• demand that the Government of of Congo takes the necessary measures to remedy the situation of the applicant without delay and bring it into line with the relevant international standards, including those set out in the Universal Declaration of Human Rights and the Covenant;

  
  

• consider that, taking into account all the circumstances of the case, and the applicant’s state of health, the appropriate remedy would be the immediate release of the applicant and the granting of the right to obtain redress, including compensation, in accordance with international law;

  
  

• urge the Government of  the Republic of Congo  to ensure that a thorough and independent investigation is carried out into the circumstances surrounding the arbitrary detention of the applicant and to take appropriate action against those responsible for the violation of his rights.

ILAAD recalls that the WGAD adopted numerous opinions in recent years concerning arbitrary detention in the Republic of Congo (for example, Opinion No. 75/2022), which could characterize a recurrent pattern of prolonged pre-trial detention exceeding the maximum period authorized by national law.