Mr. TJOSTOLV MOLAND, born in OSLO on *****, son of KULT MOLAND (Protestant) and of Mathilde MOLAND (Protestant), a native of the Kingdom of Norway;
Mr. JOSHUA FRENCH, born in OSLO on *****, son of John William FRENCH (deceased) and of Karine Hilder FRENCH (Protestant), a native of the Kingdom of Norway, (…) Profession: Soldier, Rank: Sergeant
First of all, I would like to say that it’s very disrespectful not to type the names correctly in a public document. There is no one in this case whose name is either Kult or Karine Hilder! Joshua is ranked as a private, not a sergeant in the army. They really should have their facts straight in a case concerning the death penalty.
In this case having, as a Norwegian citizen, holding passport numbers ***** and *****, as a soldier in the active service of the Norwegian Army as proven by his service card, valid through to 2016, as an intelligence agent of the said Government, wearing the uniform of the Royal Norwegian Guard and also holding the Special Intervention Group (SIG) service card, having rendered himself guilty of espionage by delivering or making available to a foreign power, to a foreign company or organisation or to a company or organisation under foreign control, (...)
(This is regarding Tjostolv) They take no notice of the notes sent by the Norwegian Foreign Ministry. Norway has told Congolese authorities time and time again that the boys are not in active service, but they ignore what’s being said from the Norwegian Foreign Ministry. Maybe not so strange when they think that Norway is a hostile state. An intelligence agent? What’s there to say? Where is the evidence for such a claim? Former and active soldiers of Norway aren’t automatically intelligence agents? There hasn’t been presented any evidence that he gave information to anyone on this trip. If it was true that they were spies who set the entire region in danger, would they risk the entire “operation” by killing a driver? It seems very strange.
Having incited or taken command or been in command within a conspiracy which he knew to have been formed with the aim of preparing for or committing offences against persons or property.
In the specific case, having in KISANGANI, in the town of this name as the administrative centre of the Eastern Province of the Democratic Republic of Congo, on 05 May 2009 been in command of the above-mentioned conspiracy, in particular:
- by recruiting the other member, Mr. JOSHUA FRENCH
- by supplying resources (arms, GPS, COMPASS, CAMERA, geographical map, etc.) with the aim of preparing for attacks on persons or property.
Actions covered by and punishable under Article 157 of the Ordinary Criminal Code, Volume 2.
I can just try to imagine these two boys in Congo where Tjostolv “recruits” Joshua for the “secret organisation” only consisting of the two of them. Has there been presented any motive for the two of them to plan any harm on people or damage to property in Congo?
In this case, having at Kilometre Point 109 on the ITURI road, at the locality of this name in the Territory of BAFWASENDE, District of TSCHOPO, Eastern Province of the Democratic. Republic of Congo, and under the same conditions in terms of time as above, been in possession with neither entitlement nor right of military weapons along with a number of items of ammunition and other military equipment.
What about proof that the boys had more weapons with them? They’ve only found a shotgun, the other weapon they refer to has been proven to be in Norway, and have never been in Congo. The shotgun is not a weapon of war but a hunting weapon. In addition everyone (the judges, the prosecution, the defence attorneys and the boys) agrees that this hunting-shotgun could not have caused the damages on Kasongo which killed him. With other “military effects” they mean maps, compass, tent etc. In Norway we consider this to be normal effects to bring on road trips.
In this case, having in the same circumstances in terms of time and space as set out above, by direct co-operation in the execution of the offence, taken possession of, to the loss of Abbot André TIMBILI of the Monastery of Kisangani, the owner of the white Land Cruiser vehicle with the registration number OR 4328 BB, having done away with its driver, ABEDI KASONGO, assassinated by having shots fired into his head; in circumstances in which one of those committing the said act of dispossession was carrying a military weapon. (…)
(…) Something belonging to someone else: it is necessary that the item misappropriated does not belong to the perpetrator. It is not possible to steal one's own property. The white TOYOTA Land Cruiser jeep, registration number OR 4322 BB is the property of GABY NGAZUA.
Accused: Joshua French
Having, as a foreigner, as the perpetrator, co-perpetrator or accomplice, in accordance with one of the types of criminal participation envisaged under Articles 5, 6 of the Military Criminal Code, and 21, 23 of the Ordinary Criminal Code Volume 1, rendered himself guilty of espionage;
In this case having, as a Norwegian citizen, holding the relevant passport bearing the number *****, as a soldier in the active service of the Norwegian Army as proven by his service card, valid through to 2017, as an intelligence agent of the said Government, wearing the uniform of the Royal Norwegian Guard, (...)
There is a lot of the same as for Tjostolv. He is not in active service. An intelligence agent? Joshua has not even been in the Royal Guard.
Their passports show that before coming to this country they had first travelled through IRAQ, TURKEY, AFGHANISTAN, PAKISTAN, SOMALIA, ETHIOPIA, RWANDA, ZAMBIA and UGANDA, where they presented themselves at the Embassy of the Democratic Republic of Congo on 27 April 2009 for visa formalities.
If it is the case that they’ve been to all these countries combined, is it recently before entering Congo, or is it over a period of several years? There is no law against travelling. They have not kept secret that they are adventurers who like to travel and experience different cultures. It is regardless not true that they’ve both been in all of these countries.
At the end of their stay in KISANGANI, they had sent an agent, not otherwise identified, on ahead with the motor cycle to reserve two places for them in the vehicles heading for NIANIA and advanced a sum of 50 USD in a truck of the FUSO marque leaving for BENI via NIANIA. With the help of an ad hoc interpreter, the two companions proceeded to protest strongly when they saw their machine and other passengers on board the same truck, and proceeded to have the said motor cycle taken off the truck as the driver of the FUSO had not agreed to clear his vehicle.
The reason that they refused to ride along with the first vehicle was that it was so overfilled that it looked like it could tip over at any moment. Not because there were people there who was interfering in their “scary plan”.
At the same time, they noticed that in the parking area there was a white TOYOTA van of the LAND CRUISER type, registration number OR 4328 BB, driven by Mr. ABEDI KASONGO. After making contact and negotiation, a deal was struck between the latter and the two companions,
They did in fact find another vehicle where the driver was Abedi. In the verdict it was implied that they planned Abedi’s murder long before they were referred to his vehicle. It seems a little strange to plan a murder on someone you don’t even know exists yet.
With the vehicle stopped, the two Accused moved a few metres away from the vehicle, conversing in a language which only they understood for more or less 10 minutes.
(...) They then set out again in the vehicle in this arrangement and after a long journey of around 21 hours the van reached KP 109 where the two accused again asked the driver to stop. He complied, and at this location the two companions got out of the vehicle, moved away from it to a distance of more than four metres and engaged in a conversation lasting at least ten minutes, with none of the three Congolese understanding a single word of what was said.
They think it’s very strange that the boys speak Norwegian to each other while they pee. Does it mean that you plan something criminal when you speak your native language with each other when you’re abroad?
Before the passengers in the back realised what was happening, the Accused JOSHUA FRENCH swiftly moved to the back of the van to prevent them from running away and escaping with their lives, and so he took hold of KASIMU ARADJABU and immediately tried to strangle him. TJOSTOLV came round the vehicle and rushed to the back, where KASIMU and JOSHUA FRENCH were on the ground locked together and fighting, this fortunately protecting the young man from being shot, as TJOSTOLV feared that he might kill his companion, and with TJOSTOLV's attention being thus distracted, Mr. KEPO took this opportunity to flee into the bush, with MOLAND contenting himself with firing wildly in the direction of the fleeing man and missing him, and at this juncture KSIMU freed himself from the grasp of JOSHUA FRENCH and fled into the bush in turn, rushing into the bushes and avoiding being shot to death despite the shots fired by the shooter at both of them.
The prosecution claims that they had more than one weapon. If that was the case, wouldn’t Joshua have a weapon handy too instead of fighting, risking his opponent had a weapon or was stronger than him? It is on the other hand not possible to shoot more than two bullets with the weapon they had with them because of a defect. According to the judge they shot multiple shots after the so called “witnesses”. This is impossible since Tjostolv already supposedly had shot one bullet at Kasongo. He would therefore only have one bullet left in the shotgun. The other two weapons the judges and the prosecution believed they had, has proven to be in Norway, and has never left the country.
From that point in time and that night, the pursuit of the two Norwegian citizens, soldiers of their state, was commenced, even though it was difficult or even impossible to guess the direction they had taken, apart from the simple indication from the commander of the Infantry Battalion based at BAFWASENDE that the speed at which the vehicle was travelling suggested that they were dealing with soldiers.
Is it a known fact that a professional soldier can drive fast? Can’t civilians drive fast with a car? According to the boys they were attacked by a group of militia or bandits that night. No wonder they drove away from the scene in a hurry when they had the chance.
The Court established that the Accused decided to speak, but exploiting the malaria which the Accused TJOSTOLV MOLAND had contracted, the defence opted for a delaying tactic which consisted of stating that the Accused was ill and could therefore not speak for long. For this they used a private doctor without the authorisation of the Court; there are two medical reports stating this point of view in the dossier. One is from a doctor who - without the authorisation of the Court confirmed by the appointment of an expert by the Public Prosecutor or by the Presiding Judge of the Court itself - took it upon himself with the complicity of the Accused's defence to provide him with medical care - and this in the prison.
What would be the defences motive to get the case delayed? It has been the boys’ goal the whole time to get the case through the system as fast as possible to get their case on to the capital city.
The doctor they refer to were obtained to the prison on short notice, and saved Tjostolv’s life when he was critically ill from malaria.
In place of this doctor recruited by the defence, the Court set up a panel of three doctors, made up of the Medical Director of the General Hospital of KISANGANI, the Medical Director of the 9th Military Region, Major Dr. WANDO, the doctor for the Provincial Inspectorate of the Congolese National Police, Dr. MPAKA, which completed its expert report on 28 October 209 (sic).The Court had established that this report had been inspired by the report of Dr. LOMBALE which the Court had rejected. It concluded in particular as follows: "given the persistent changes in the content of his consciousness and that the "thick smear" blood test for malaria carried out on 28 October was negative, we concluded the presence of a reactional psychosis and suggest that he be seen by a neuro-psychiatrist for a more in-depth examination". And as KISANGANI does not have a neuro-psychiatrist, it is simple to see what that meant.
Here, I interpret it to be that the doctors at the hospital that the court appointed was basically in agreement with Dr. Lombale, who felt that Tjostolv was sick. But the court dismissed this completely, because it didn’t fit in with their plan.
Indeed, as the treating doctors of the Congolese State also suspected the accused of hiding something from them, they proposed to the Court that they should take the family of the deceased to the Accused feigning illness to see his reaction, as it was he who was asking for this. The Accused's defence was informed and saw nothing wrong with this, and the Clerk of the Court was immediately charged with this task along with Dr. MPAKA of the Congolese National Police. This strategy was successful and the Accused TJOSTOLV MOLAND revealed his true plan. He was trying to short-circuit[7] those who did not want him to tell the truth.
What the court and the military police, with the national police doctor did was to seek out a mentally ill person in the hospital, and then force out some kind of confession they could use against him in the court room. There was no interpreter present during this meeting, so no one could really say what was really said there. Tjostolv didn’t have his lawyer present either. In addition Tjostolv was exposed to chemical torture. He was also drugged during the entire stay at the hospital and was therefore not sane.
This is a sickening interrogation method by the court and the prosecution and can be compared to the time Joshua had a gun to his head when he refused to give up the code to his bank card during a previous interrogation. This is clear human rights violations and its torture!
And at the hearing of the Court of 11 November 2009, the Accused MOLAND confirmed his confession in writing and verbally. He produced a document written in his own hand by means of which he confirmed the pardon and confessed that it was he who had killed Mr. ABEDI KASONGO.
There were produced two letters during Tjostolv’s interrogation at the hospital, only one of them was presented in court. In the letter the court never presented he only took responsibility for the death of the driver because he was at the crime scene in their employment, but that he, Tjostolv, didn’t know who shot the driver. The judge didn’t think it was necessary to present and use the letter where Tjostolv explained that he hadn’t killed the driver. They just used the letter where Tjostolv allegedly confessed. Otherwise, the part of the “confessional letter” where he accepts blame, is written with big letters, while the signature is his own. According to Tjostolv’s father the parts with the big letters are counterfeit, and not written with his sons’ handwriting. (The letters were presented in Dagbladet’s paper edition)
He confessed to being partly responsible for the death of five million Congolese in the various conflicts which have blighted the Democratic Republic of Congo since 2006 and that he was one of those who had brought in arms to sustain the war in the Democratic Republic of Congo.
It seems strange that Tjostolv allegedly travelled in and out of Congo with a lot of weapons, without being detected, and without a stamp in his passport. While this one trip into Congo is stamped in his passport. He only had one weapon, a shotgun to protect himself against predators and bandits. This proves how wrong and distorted the judges and the prosecution interprets most of what Tjostolv allegedly said.
Article 129 of the Military Criminal Code: "guilty of espionage and punishable by death is any foreigner, as the perpetrator of the acts listed in the above Article. From the above Article one must then refer to Article 128 of the Congolese Military Criminal Code which, in turn, defines what must be understood by "treason".
I must admit that when I read this I don’t understand why they don’t have stricter control at the border. They should check every foreigner’s luggage thoroughly if being a foreigner alone can qualify for espionage. Then they would’ve found both the weapon and other “suspicious” items in their luggage.
In his confessions of 11 November 2009, TJOSTOLV MOLAND declares: "the part of the territory crossed from BENI to KISANGANI is an operational zone". With this he proves that he is well aware of the military aspects, the ensuing stakes and the knowledge of all of the groups confronting the Armed Forces of the Democratic Republic of Congo there, and TJOSTOLV MOLAND even named them: FDLR, LRA, Maï-Maï and even the MBORORO elements.
He runs a security company in the neighbouring country. It’s not so strange that he has knowledge about what happens in this area. Tjostolv says in his so called “confession” that he is aware that there is a conflict in East-Congo. The fact that he can name different groupings that fight each other doesn’t prove anything else than the fact that he can read.
I want to write a few words about Tjostolv’s “confession”. I wish the court could stop talking about what happened in the period of Tjostolv’s illness as if it was the truth. We are talking about a sick man, who was in no control over what he was saying. At the same time it was easy to get him to say whatever they wanted him to. It is very difficult to comment on what’s been written in the verdict about Tjostolv’s statements after he was at the hospital. He was not well, and was in no state to make statements in court. He said in this period that he was in spiritual contact with a pygmy. He also said that he was a historical and a biblical person. Do we believe this? They just let him go on and on even though he is not sane. They pretend like they don’t believe that he is sick. I’m sure they know better, but this was a chance they couldn’t miss. This treatment of a sick man is despicable, and it goes against all basic legal principals and human rights. I will at the same time point out that I think it’s strange that as soon as he gave the so called “confession” at the hospital, Tjostolv was sent back to the prison. Back there he became more and more himself again. Tjostolv says that he doesn’t remember much from the weeks at the hospital, except that they stuck him with pins so many times on his arms that they had to start on his legs. He has explained to his mother that he would’ve signed anything to get out of that hospital. Joshua has explained to Tjostolv what’s been said and what’s happened these weeks. We think and believe that Tjostolv was subjected to drugging and this can also be called chemical torture!
Yes, this can be equipment one would use to commit espionage, no doubt. But it can also be equipment to get around in unknown and rough terrain. There must be some requirements to prove that they in fact have used this equipment to anything but to get around in rough terrain. And that they have in fact handed over any information. They can’t be sentenced to death on the equipment alone.
In respect of the material elements of the offence of espionage, the defence states that the organ of the law does not indicate a single material action or even less the moral element which might be included within the context of this accusation.
Besides, the geographical maps of the Democratic Republic of Congo are generally available and must not be considered as operational maps - they are available to everyone.
These are about the only words that describe what the defence said in court. I think they said more than this!
In this specific case, the above-mentioned Accused were in possession of a GP 9 mm, a military weapon which they threw away into the forest along with the military ammunition.
Nonsense! Fredrik Græsvik in TV2 (a Norwegian journalist) has located this weapon that belongs to the Royal Norwegian Guard. Tjostolv Moland served at the crown prince’s residence where the weapon was located, and took the picture there. This weapon has never been reported missing and is still in the Royal Norwegian Guards possession. The Congolese have just found this weapon on a picture on his telephone and made up their own story. They are sentenced to multiple death sentences based on pictures!
In addition, even if at the first level proceedings the Accused MOLAND and FRENCH did not speak, having chosen to remain silent, they still acknowledged that they had killed Mr. ABEDI KASONGO, nonetheless. Indeed, from the month of May 2009, the Norwegian DINA "Peace Foundation" with which the mother of the Accused MOLAND works, was already looking after the family of the victim ABEDI KASONGO, as was acknowledged by the KISANGANI CELPA Church. (…)
The reason that they chose to be silent in the last trial was that the judge panel offered to remove some of the charges with a payoff. If they paid, some of the charges would disappear. They didn’t see any reason to cooperate with the court after this. They realized that this was a corrupt court, and that they would never get a fair trial here. They just wanted to get the case over with as soon as possible and move on with the process.
Mathilde Moland does not work for the DINA- foundation. Rune Edvardsen who runs this foundation have on his own initiative helped the widow and her children so that they could live as normal as possible, with the same the same income as when Abedi was alive. Rune also organized the trip for Mathilde Moland when she visited her son in the prison last year with a whole delegation of journalists and a doctor.
In this case, the Accused MOLAND and JOSHUA FRENCH fraudulently took possession of the TOYOTA Land Cruiser jeep belonging to another. This theft was carried out with the assistance of the weapon which killed ABEDI KASONGO and which almost killed KASIMU ARADJABU and KEPO AILA. These weapons were thrown into the bush.
They took the car to get away from those who had attacked them. What were they going to do with this car? Was this car really worth taking a man’s life and risk getting killed themselves? A car they had no chance of getting over the border. This can’t be considered a robbery, but self-defense in order to survive.
Carrying weapons: Carrying weapons is sufficient on its own. It is not necessary for the thief to have used it or them, or to have attempted such use. The punishment is applicable to all of the thieves if one of them has been armed, even for those whose hands were empty. In the case under examination, T. MOLAND had a weapon, a military weapon. Under criminal law, weapons must be understood as any machine, any instrument, any cutting, piercing utensil or blunt instrument, anything at all which can injure someone is considered to be a weapon.
Has the court decided which weapon they had? Is it the GP 9 mm or the shotgun? They’ve found the shotgun, but that’s not the murder weapon. By the way, the shotgun is a hunting weapon, not a military weapon. The gun he’s convicted of using has never been in Congo.
Here I have bolded out Tjostolv’s 6th death sentence. He is committed to a sixth death sentence for fulfilling the commanding role. This is not part of the charges, which you can read below:
In KISANGANI, an enquiry opened in their respect at the Military Prosecutor's Department ended in their being indicted for the offences of criminal conspiracy, espionage, assassination, attempted assassination, armed robbery, the illegal possession of military weapons and ammunition covered by and punishable under Articles 4 of the Ordinary Criminal Code Volume I, 43-44, 81 and 156 of the Volume II of Volume II of the same Code, and 129 and 203 of the Military Criminal Code.
The fact that he is sentenced to death for something he’s not even been charged for, kind of says it all in my opinion!
Regarding Joshua, they haven’t rendered a verdict for armed robbery. He is sentenced for armed robbery, but they haven’t rendered a verdict. So when Tjostolv got to many death sentences, Joshua is lacking one. It seems like they aren’t on top of things!
Finally I would like to make a personal comment:
I think after following this case since the beginning that it’s strange that they really think that these two are spies from Norway.
Sounds like two boys who are on a trip if you ask me!
Grethe Aune and Hannah French April 28th 2010
