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Viewing cable 07KINSHASA502, NLANDU AND NINE OTHERS ACQUITTED ON INSURRECTION

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Reference ID Created Released Classification Origin
07KINSHASA502 2007-05-04 10:11 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kinshasa
VZCZCXRO5482
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #0502/01 1241011
ZNR UUUUU ZZH
P 041011Z MAY 07
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 6079
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
UNCLAS SECTION 01 OF 02 KINSHASA 000502 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KDEM KJUS CG
SUBJECT: NLANDU AND NINE OTHERS ACQUITTED ON INSURRECTION 
AND WEAPONS CHARGES 
 
REF: A. 06 KINSHASA 1882 
 
     B. KINSHASA 279 
 
1.  (SBU) Summary:  Congolese politician Marie-Therese Nlandu 
and nine co-defendants were acquitted April 30 of all charges 
related to the November 2006 burning of the Supreme Court 
building.  A military court found that the prosecution had 
not presented evidence sufficient to prove their guilt. The 
head judge called for changes to Congolese law regarding 
trial of civilians by military courts.  Nlandu's lawyers 
expressed satisfaction with the outcome.  Nlandu called for 
the release of "political prisoners."  End summary. 
 
2.  (SBU) Marie-Therese Nlandu, who received a handful of 
votes in the July 2006 first-round presidential election (far 
less than even one per cent of the total), and all nine 
co-defendants were acquitted of insurrection and weapons 
possession by a military court April 30.  European-based 
human rights organizations had made the trial an 
international cause celebre since Nlandu, a member of an 
influential Mobutu-era family now based in London, was 
arrested November 21 (ref A) following the burning of the DRC 
Supreme Court building by supporters of presidential 
runner-up Jean-Pierre Bemba.  Military Prosecutor Homere 
Nkulu had recommended that Nlandu and seven co-defendants be 
sentenced to 20 years in prison with 12 months of prison for 
her driver and acquittal for her press attache. 
 
3.  (U) In announcing the verdict, the court's presiding 
officer, Major Mbokolo, made clear that deficiences in the 
government's case had won Nlandu and her co-defendants their 
freedom.  Speaking to Nlandu directly, he noted that he could 
not say she was in the wrong, but just that the case against 
her did not succeed in proving that she was.  Mbokolo said 
the burning of the Supreme Court, the key event leading to 
the charges, took place after six of the defendants had 
already been arrested.  He noted that police had not properly 
handled the paperwork or chain of custody of the grenades 
allegedly found in Nlandu's vehicle, which were the source of 
the weapons possession charge.  And he said the prosecutor 
had not proved intent by any of the defendents to participate 
in an insurrection. 
 
4.  (SBU) The court apparently viewed the prosecution's case 
as so weak that it was unable to convict even the three 
defendents known to have engaged in questionable activities. 
Evidence presented by the prosecution in fact provided strong 
indications "Pastor" Jose Inonga was recruiting soldiers for 
Jean-Pierre Bemba.  The defendants' attorneys told us Edganga 
Fataki and Basisa Ilyonda, both former members of the 
Mobutu-era army, had been arrested in the act of setting the 
Supreme Court building on fire.  The remaining six defedants 
were employees of Nlandu, including a driver, several 
bodyguards, and a publicist, 
 
5.  (SBU) Surrounded by family and supporters outside the 
court after the verdict, Nlandu called for the government to 
release other "political prisoners" held in several Kinshasa 
prisons.  She was referring to an unspecified number of 
"opposition" prisoners arrested during the past six months 
and called the conditions of their incarceration 
"unacceptable."  (Comment:  The conditions of all prisons in 
the DRC are indeed unacceptable.   End comment.) 
 
6.  (SBU) In contrast to warnings by international human 
rights groups that Nlandu could never receive a fair trial, 
chief defense lawyer Joseph Mukendi praised the military 
justice system, quoting a Latin proverb, "weapons must yield 
to justice."  The organizations had repeatedly petitioned the 
government to release Nlandu before evidence had even been 
presented. 
 
7.  (SBU) Another defense attorney, Didier Kashala, told us 
in March that the defense team had grown confident of 
eventual acquittal when the court repeatedly postponed 
hearings (ref B), delaying the trial by more than a month.  A 
human rights advocate told us that same month that she viewed 
the postponements as a sign the government wanted to quietly 
dismiss the case. 
 
8.  (SBU) In his statement, Mbokolo called for a law defining 
the competence of military tribunals to judge civilians. 
Human rights organizations had called Nlandu a "political 
prisoner" because she was being tried by a military court, 
which has jurisdiction under current Congolese law for all 
 
KINSHASA 00000502  002 OF 002 
 
 
offenses involving "weapons of war" (e.g. grenades). 
Nlandu's attorneys had sought dismissal of the case based on 
the 2006 DRC constitution, which forbids trial of civilians 
by military tribunals.  However, MONUC's Rule of Law section 
chief told us that the constitution also stipulates that 
previous laws would remain in place until "organic laws" are 
enacted to change them.  (Note:  In an unrelated trial, the 
DRC Supreme Court upheld the legality of military trials of 
civilians under current law.  End note.) 
 
9.  (U) Comment:  The DRC Supreme Court burned, and police 
arrested suspects; they were tried and acquitted based on the 
evidence.  This is a good signal for Congolese justice. 
Deficiencies in the prosecution case were obvious during the 
trial, observed in-person by Poloff.  Prosecutor Nkulu all 
but admitted some of the defendants had been tortured; he 
regularly made unsubstantiated and illogical claims about the 
defendents; and his theatricality drew rebukes not just from 
the defense but from the panel of judges as well.  End 
comment. 
MEECE