Human Rights Watch condemned the forcible repatriation of five Congolese asylum seekers by Burundian authorities to rebel-held eastern Congo.
In a letter to the Burundian president Major Pierre Buyoya, Human Rights Watch condemned their forcible repatriation as a breach of Burundi’s international commitments not to return asylum seekers and refugees to a country where their human rights could be violated. Human Rights Watch asked Prof. Wamba dia Wamba, the chairman of the rebel Congolese Rally for Democracy, to give public assurances that the five detainees will not be tortured, and asked for their immediate and unconditional release if they were not to face charges and trial.
The two letters are attached.
October 30, 1998
Major Pierre Buyoya
President of the Republic
Bujumbura, Burundi
Dear President:
Human Rights Watch is deeply concerned about the situation of five members of the official escort of Professor Magabe, former governor of South Kivu who recently fled eastern Congo. On October 17, they applied for the protection and assistance of the office of the United Nations High Commissioner for Refugees (UNHCR). We are reliably informed that they were granted both.
The five are:
Badesire Usungu: Private secretary
Jean Banyaga Matembeira: Assistant secretary, and brother-in-law of the former governor
Rutega Bushungu: Driver
Mongu Malasi: Bodyguard
Bashizi Patrice: Bodyguard
As you know, these individuals were arrested in Bujumbura on October 21 and 22 by Burundian security forces. They were subsequently handed over to the security forces of the Congolese Rally for Democracy (CRD), despite the fact that they were under the protection of the UNHCR, and despite genuine fears that they would be at great risk of grave human rights violations which they sought to flee by applying for asylum in your country. Human Rights Watch is reliably informed that the five are currently being interrogated in Bukavu, together with some advisors of the former governor and some members of his family who stayed behind.
Human Rights Watch condemns the violation by the Burundian authorities of the right of the five asylum seekers not to be forcibly returned to eastern Congo. We call on your government to identify and hold accountable those responsible for this grave violation of Burundi's international commitments not to forcibly return asylum seekers to a country where their human rights could be violated. With the escalation of the armed conflict and the deterioration of the human rights and humanitarian situation in neighboring Congo, we urge your government to give assurances not to arbitrarily detain or ill-treat asylum seekers from that or any other country. We urge your government to uphold its obligation to grant refugee status to those who seek and are entitled to it as provided for under the 1951 U.N. Convention and the 1969 O.A.U. convention on the right of refugees.
Thanking you in advance for your prompt action on this urgent matter.
Sincerely Yours,
Peter Takirambudde
Director, Africa Division of Human Rights Watch
Cc:
Monsieur Eugene Nindorera
Minister for Human Rights
Lt.-Col. Epitace Bayaganakandi
Minister for Internal Affairs and Public Security
Minister of Justice
Monsieur Tertence Sinunguruza
International Committee of the Red Cross, Genva
United Nations High Commissioner for Human Rights
United Nations High Commissioner for Refugees
October 30, 1998
Professor Ernest Wamba dia Wamba
President, Congolese Rally for Democracy Goma
Dear Professor Wamba
Human Rights Watch is deeply concerned about the situation of five members of the official escort of Professor Magabe, former governor of South Kivu who recently fled eastern Congo. As you know, these individuals were arrested in Bujumbura on October 21 and 22 by Burundian security forces. They were subsequently handed over to the security forces of the Congolese Rally for Democracy (CRD), despite the fact that they were asylum seekers in that country and were under the protection of the United Nations High Commissioner for Refugees (UNHCR). Human Rights Watch is reliably informed that the five are currently being interrogated in Bukavu.
The five are:
Badesire Usungu: Private secretary
Jean Banyaga Matembeira: Assistant secretary, and brother-in-law of the former governor
Rutega Bushungu: Driver
Mongu Malasi: Bodyguard
Bashizi Patrice: Bodyguard
Human Rights Watch condemns the violation of the right of the five asylum seekers not to be forcibly returned to eastern Congo. We call on the CRD authorities to give public assurances that the physical integrity of the five detainees will be safeguarded, and that they will not be ill-treated or tortured. We ask that they be immediately given continuous access to medical treatment, legal counsel, friends and family, and the appropriate humanitarian organizations present in Bukavu. We urge the RCD to immediately and unconditionally release them if they are not to be charged and brought to trial in accordance with international standards of fairness.
Thanking you in advance for your prompt action on this urgent matter.
