CHAIRPERSON: Kamel Rezag-Bara
VICE CHAIRPERSON: Jainaba Johm
COMMISSIONERS: A. Badawi El Sheikh, Andrew R. Chigovera, Vera M.
Chirwa, Emmanuel V. O. Dankwa, Yasser Sid Ahmed El-Hassan, Angela
Melo, N. Barney Pityana, Hatem Ben Salem, Salimata Sawadogo
||Inst. for Human Rights and Dev. v.
Dem. Rep. of Congo, Comm. 238/2001, 15 ACHPR AAR Annex V (2000-2001)
||Documents of the African Commission
on Human and Peoples’ Rights, Vol. 2, at 347 (Malcolm D. Evans &
Rachel Murray eds., 2009); (2002) AHRLR 19 (ACHPR 2002)
29th session: Commissioner Isaac Nguema
30th session: Commissioner Tapsoba
SUMMARY OF FACTS
1. The Institute submitted the complaint on behalf of Mr Sedar Tumba Mboyo
for Human Rights and Development, (the Institute for Human Rights and
Development is a Human Rights NGO located in Banjul, the Gambia and since
October 1999 has been granted observer status with the African Commission).
2. The communication was sent by post and was received at the Secretariat of
the Commission on 21st November 2000.
3. The applicant who has full powers to act on behalf of Mr. Tumba Sedar
Mboyo, maintains that AFDL (the Alliance of Democratic Forces for
Liberation) soldiers forced entry into Mr Sedar’s Residence, and after
having brutalised and intimidated his neighbourhood forcefully took him
without warrant or explanation.
4. He was bound hand and foot, kept in conditions where he could not satisfy
his natural needs and subjected to “heavy handed” interrogation for three
(3) days, after which he was accused of inciting a popular uprising.
5. He was then transferred and detained together with ten or so other
anti-Kabila protesters in the former Mobutu military camp. Mr Mboyo affirms
that he was beaten and his rights infringed upon for two days by the three
soldiers guarding him.
6. Mr Mboyo was detained incommunicado for a total period of twenty three
7. The applicant recognises that Mr Mboyo’s activities within a civilian
association in which he headed some discussions in March 1998 may have led
to these unfounded accusations.
8. At the 29th ordinary session held in Tripoli, the rapporteur introduced
the complaint. The Commission examined the communication and decided to be
seized of the matter and recommended that the parties be informed
9. On 19th June 2001, the Secretariat of the African Commission informed the
parties on the above decision and requested Respondent State to forward its
written submissions within two (2) months from the date of notification of
10. On 20th June the Secretariat of the African Commission requested the
Institute for Human Rights and Development to furnish clarification on the
measures taken by the author to exhaust local remedies or any documents on
his possession proving the all allegations.
11. The Complainant is alleging that Articles 5, 6, 7, 9, 10, 11, 13, 18 and
26 of the African Charter on Human and Peoples’ Rights have been violated.
Decision on admissibility should be made after additional information and
evidence is got from the Complainant.