The report hereunder written was dictated to me by Joshua last night. The occurrence which happened yesterday morningwas frightening for both the boys and us in the families. At the same time it is quite bitter that gifts given by kind norwegians was stolen in this sort of way. At the same time it frightens me personally that threats about execution was used against the boys. The place they are right now, is not a good place, and the happenings of yesterday did absolutely not make it any easier for them.
(Monusco is the United Nations peacekeeping organisation in D.R.Congo)
Hannah French, 8. june 2011
To whom it may concern
Report from occurrence in Kisangani Central Prison 7 June 2011
At 08:30 the prisoners Joshua French and Tjostolv Moland (hereinafter referred to as ”the prisoners”) at cell No. 7 in Kisangani Central Prison were told to get ready for a search of their cell and through their belongings. The persons who requested this were the following: Four persons from MONUSCO (the leader was a female prison officer (Captain’s grade) in a Kenyan uniform. Two men, an older and a younger, were from a French speaking African country, maybe Senegal, in a prison officer’s uniform. The fourth person was in civilian clothes and kept himself in the background. The Director of Prison, Ramazan Codura and Prison Director Lieutenant Mopepe and a Captain from the military court, as well as four – five police and military guards were also present. (The report continues on "read more")
The prisoners did as they were told and received the delegation. They were told by the female MONUSCO officer that they would search through their belongings looking for a mobile phone, knife and other dangerous items. She added that this was in order not to discriminate against the other prisoners who were also being searched. The prisoners accepted this, but said they would want their lawyer, Maitre Likwela, to be present. The female officer said that that was not necessary as it was stipulated in prison regulations that searches could be carried out. The prisoners responded that they would still wish their lawyer to be present to ensure that their rights were respected. The female officer repeated that this was not necessary, and when requested by the prisoners that they be shown the prison regulations, and insisting that their lawyer present, she became irritated and refused to give it to them.
When one of the prisoners then requested name and rank from the MONUSCO officers, who had not introduced themselves, they became irritated. The prisoners maintained throughout that they were not trying to impede the search, but would want their lawyer to be present. The prisoners also explained that if they had no telephone communication, how could they contact their families, lawyers or the Ministry of Foreign Affairs in Norway? And how would they prepare food without a knife? The response from the female MONUSCO officer was that they could contact their families or lawyers by letter, and that knives were dangerous for the guards in the prison. The prisoners then reminded her that a functioning postal service in the Congo does not exist, nor are there guards in the prison (they stay on the outside). There has anyway not been any incidence with knives in the prison. This made the officer angry.
She said that allowing knives and other dangerous items was a breach of the human rights of the prisoners and insisted there was a functioning postal service. As the prisoners continued to insist on having a lawyer present during the search, and repeated their request to know the names and rank of the MONUSCO officers, and /or names and telephone numbers for their superiors, the older MONUSCO officer became angry and said in no uncertain terms that the prisoners should be taken out in the prison yard and be disciplined. (Discipline in the prison is done either by hitting the prisoners with a pole or by being held by four prisoners while being jumped and trampled upon). He further suggested that the four-five police and military guards should physically take the prisoners out of the cell in order to carry out this discipline. He continued to yell at the prisoners in French (a language partially understood by the prisoners, although not when spoken very fast).
At this moment the prisoners felt the atmosphere was deteriorating to the extent of being intimidating and repeated that they would not impede the search, but wanted their lawyer present. In the end the prisoners were given a mobile phone in order to contact their lawyer, which they succeeded in doing eventually. Awaiting the lawyer’s arrival the prisoners were continuously being yelled at in language with clear racial undertones from the younger MONUSCO officer. The Female officer then asked how much money the prisoners had. At this point the search had not yet started, and given that a body search was also included, the prisoners insisted on the presence of their lawyer. When the question of money came up, the prisoners answered, truthfully, that they had about USD 2000 in the cell. She said that this was far too much, and that the prisoners would have to give this to the prison director Mr. Codura so that he could spend it on behalf of the prisoners. The prisoners pointed out that they use the money for food and other necessities and that the arrangement they have with a helper for purchase of food has been operating for 18 months already. The prisoners explained that according to their previous experiences, when the money stayed with this helper, he had been pressured to hand over the money outside the prison. For this reason they have kept the money in reserve in the cell. This was completely ignored by all officers present and the female officer insisted that they count the money while everyone was present. The prisoners would not count the money in front of everyone present as by this time, there were 13 officers and guards in the cell. They asked that only the prison director and the MONUSCO staff be present. The female MONUSCO officer insisted that the director, Mr. Coduro should have the money at his disposal on behalf of the prisoners and that the prisoners be taken out of the cell for the search. From previous experience the prisoners know that they need to follow the search of their belongings as the guards often steal if given the occasion. The prisoners therefore refused to leave the cell.
At this point Major Jean-Blaise Bwamulunda , from the military police arrives. He was also the prosecutor against the prisoners in the trial against the prisoners. The major was upset over the funds available to the prisoners and says it could be to bribe someone to help them escape and for all he knew they could have millions of dollars in the cell for this purpose. The prisoners asked why the military police were there as they thought they had been handed over to the prison authorities after their sentences. The major answered that the military police have not finished with them because justice in the Congo have many stages and the last stage is still not over, that would be on their execution. The prisoners then asked if he has received orders to execute them and, if so, when that would be, but the major said they are waiting for the documents to come from the Kinshasa authorities. At this stage the prisoners request again that the search awaits their lawyer. This results in a barrage of insults from the captain of the military police and the major points out that DRC is a post-conflict country and that the prisoners therefore do not have the same rights as in Europe. He adds that if the prisoners now do not hand over the money to him, he will let the guards take them by force. The female MONUSCO Officer supports this and says that the prisoners should give the foodmoney to the major. The prisoners again request from her that she identify herself, again without any result. At this point the atmosphere in the cell is so threatening that the prisoners feel they have to let the Congolese and Monusco do as they like. The search was done by 4-5 military and police guards in a very chaotic and messy operation. The result was that the belongings of the prisoners were thrown in a 2x2x1 meter heap mixing food, clothes and other belongings. At this stage the young MONUSCO officer gets very engaged. He gives orders to the guards about what to search, confiscates the prisoners’ snuff (tobacco) which he claims is narcotics, tries to confiscate a charger for the DVD and insist that a remote control is a mobile phone. He assists and orders the guards actively to tear apart and inspect the most intimate personal belongings of the prisoners. The prisoners then asks the MONUSCO officers what their task is supposed to be, suggesting that may be that was supposed to be that of an observer ? The MONUSCO officers then confirm this.
After the search, which was done in a totally unnecessary brutal fashion, where food was ruined and the most absurd accusations where lashed out about totally innocent belongings, the lawyer arrives together with colonel Gaston Shomari who is head of the military police in Oriental Province. Shomari confiscates the money and takes them back to his headquarters. It is the 11:00.
The lawyer of the prisoners make the prisoners aware that they obviously have the right to have him present from the start and that he in fact should be present to ensure that no false proofs are planted, that belongings are not stolen and to ensure against any other infringement of their rights. The military officers and the lawyer then left for the military police headquarters with the money to discuss further. The prisoners had the impression that the food money was confiscated and/or that the system the prisoners have had in order to purchase their own food, as the prison services does not provide, will be severely curtailed. At this point, without informing the prisoners that the search was over, the MONUSCO officers left. They had given no names, no titles, no contact number or names of superior officer to the two prisoners. MONUSCO officers and the Congolese also never informed what they confiscated from the chaotic scene of the cell, or why.
It is difficult to describe with words how threatening and uncertain one feels as a prisoner who is in a weak and precarious situation, when Congolese authorities and the UN stabilization forces invade your “ home” and threaten with physical violence and discipline, and further escalate the situation and with deliberate intent try to worsen the prisoners life, which at any rate is reduced to trying to survive. The mood of cell 7 on 7 June 2011, and the way it deteriorated during the whole morning, does not speak well of Congolese authorities and especially not the MONUSCO of whom we actually expected something. The prisoners do not consider themselves to be unduly whining persons, but the threats and degrading treatment they experienced from authorities deserves to be noted. The only thing requested by the prisoners is to be allowed to administrate their own survival as Congolese authorities in no way contribute to that.
The background for the razzia in the prison on 7 June 2011 is, according to the Congolese prisoners, was that one of the military prisoners, in a less fortunate moment, called the head of military justice in the DRC, a general in Kinshasa, complaining about lack of justice in his case. This led to the furious general to call his counterpart in Kisangani and tell him to immediately confiscate all telephones in Kisangani Central Prison. This was followed by a more than average enthusiastic support from MONUSCO officers, with the result that all mobile phones were confiscated/stolen. Valuables in the form of money, radios, and personal effects were stolen from all prisoners and the unfortunate prisoner who made the telephone call is receiving death threats from the other prisoners. All in all a very bad atmosphere prevails in the prison. From the prisoners Tjostolv Moland and Joshua French was stolen amongst other things a MP3 player, batteries, cutlery, food, several packages of snuff (tobacco)(which the MONUSCO said was narcotics).
Tjostolv Moland and Joshua French
