  |  | | Affaire Kilwa: trois ONG dénoncent des pressions politiques
Les ONG de défense des droits de l’homme Global Witness, Raid et Acidh sont montées au créneau pour dénoncer de fortes pressions politiques que subirait l’auditeur supérieur de la Cour militaire du Katanga (...) | | | Kilwa trial: a denial of justice
July 2007, Report ASADHO/Katanga, RAID, ACIDH and Global Witness | | | Le massacre de Kilwa : Anvil Mining et l’Agence Multilatérale de garantie des investissements, complices de crimes de guerre
Anvil Mining est une compagnie canadienne cotée aux Bourses d’Australie et de Toronto. Son siège social se trouve à Perth, en Australie, et elle exploite des ressources minières en République démocratique du Congo (RDC). Elle possède 90% des actions de An | | | Le procès de Kilwa: un déni de justice
Juillet 2007, Rapport ASADHO/Katanga, RAID, ACIDH et Global Witness | | | MONUC Report on the October 2004 events
October 2005 (pdf) | | | Site internet de RAID |
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| |  | | Adémar Ilunga | | | context : | DRC  | | judgement place : | Democratic Republic of the Congo | | status : | Sentenced | | particulars : | On 28 June 2007 sentenced by a military court in Lubumbashi to life inprisonment for multiple murder of civilians; has lodged an appeal | | position : | Colonel in the 62nd FARDC Brigade |
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| | | | In the face of ongoing government inaction following the Kilwa massacre, some Congolese and international NGOs called on the government to open up inquiries into the Kilwa incident. MONUC had also deployed a team and after the conclusion of its enquiry in October 2004, it approached the local and national authorities in order to ensure that this affair might be brought before the judiciary.
In July 2005, following intense pressure, the Congolese military’s judicial authorities finally opened up their official inquiry and after several hesitations, on 12 October 2006, Colonel Nzambi recommended the indictment of Adémar Ilunga as well as eight other members of the FARDC and three former employees of the Anvil Mining company, Pierre Mercier, Peter Van Niekerk and Cedric Kirsten (see “related cases”).
The trial relating to the Kilwa massacre began on 12 December 2006 before the Military High Court of Lubumbashi. Colonel Adémar Ilunga, eight FARDC members and three former employees of Anvil Mining were charged by the Congolese military authorities with war crimes. The trial opened without the presence of the Anvil employees. According to certain NGOs, the military prosecutor had been put under pressure to abandon the charges against Anvil.
Further hearings were held at the end of December 2006, and in mid-January 2007. On 19 January 2007, the trial was postponed sine die following a request for removal of the Court President, Colonel Joseph Mokako, whose impartiality had been put in question by the Defence.
Finally, the Katanga military court rejected this request “in the absence of sufficient proof concerning the personal interests involved” invoked by the Defence. Colonel Adémar's lawyers immediately announced their intention to lodge an appeal with the High Court.
On 28 June 2007, the Katanga Military Court rendered its judgment. It found all the defendants not guilty of war crimes or other crimes in relation to the Kilwa incident. The court referred to the fact that President Joseph Kabila gave orders to the Commander of the 6th military region “to do everything possible to retake Kilwa within 48 hours”. It took the view that no summary executions had occurred in Kilwa, but that people had been killed during “fierce” fighting between the rebels and the FARDC.
Colonel Ademar, a Captain (Sadiaka Sapanda) and two soldiers were found guilty on
separate charges relating to the arbitrary detention and murder of two young men in
Pweto in January 2005, without however qualifying them as war crimes. Colonel Ademar and Captain Sadiaka were sentenced to life imprisonment for these crimes.
The two other members of the FARDC received jail sentences of five years and one year respectively for their part in the atrocities, while five other soldiers were acquitted for "lack of proof".
The military court cleared the three former employees of the Anvil Mining company, Pierre Mercier, Peter Van Niekerk and Cedric Kirsten (see “related cases”) of all charges of complicity. The court absolved the three men, saying they had been coerced by the FARDC into handing over the vehicles to the military.
Colonel Ademar and Captain Sadiaka Sapanda have lodged an appeal. | |    | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | also known as : | | | Kote Kubaya Kisu Makali | | | last time seen : | | | Lumumbashi, DRC | | | period of charges : | | | 14.10.2004 - 18.10.2004 | | | judgement period : | | | 12.12.2006 | | | charges : | | | War crimes | | | profile last modified : | | | 01.10.2007 |
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