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The verdicts from Kisangani are annulled

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The verdicts from Kisangani got annulled today, and sent back to Kisangani. We have not seen the justification yet. Not that there is a lack of procedural errors. Claims that have not been proven, total lack of evidence, the use of false evidence (during Tjostolvs disease), judges who didn’t bother to follow the proceedings but still sentenced them to the death penalty etc… The list is endless.

It’s basically a good thing that the verdicts are annulled of course. The problem is that a new trial will probably be the same nonsense. Now judges are going to be flown in from Kinshasa. Do they have money for this? I doubt it. There can be delays and problems. They have proven twice that they can’t arrange a proper trial. They lack fundamental knowledge about legal processes, use of evidence and distinguish evidence from loose allegations. They can’t even distinguish between witnesses and settlements, and don’t understand the meaning of conflict of interest.

When witnesses can claim settlements of 10 million dollars BEFORE they give their testimony, there is not much more to be said. Nothing suggests that a new trial will be different. Imerslund from the Foreign Ministry said that they will make sure that they get a fair trial. It’s not been very successful so far Imerslund! The Foreign Ministry has been present during the trials and knows what’s been happening in detail. The Foreign Ministry will not start negotiations before there is an enforceable verdict. They claim today that a new case can start at the end of May or beginning of June. Let’s hope that’s true. A new verdict can’t be appealed no matter how sick it is. Now we have to see some action!

I spoke to Tjostolv after the verdict today. They struggle mentally, and physically they are very tired as well. The big question is if they can survive long enough. A man died in the prison yesterday, probably from complications from tuberculosis. The health conditions are deteriorated. The boys try to help with medicine bought with money that kind Norwegian people have posted into their accounts. From the authorities they don’t get anything. They just let the prisoners die. That says a lot about the level of civilization.

There is no doubt that we are witnessing a race between life and death here, whether they get out alive or not. The Foreign Ministry is well aware of this. They are going to visit them again to see the situation for themselves. We just have to hope they do something before it is too late.

I don’t think Congo is indifferent about their relationship to Norway, Great Britain or the EU. Maybe the time for negotiations is now that the verdicts are annulled. It’s probably not in Congo’s interest that they die in captivity there.

Knut Moland, April 22nd 2010

 

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