Democratic Republic of the Congo

Decision adopted by the Committee on the Human Rights of Parliamentarians at its 170th session (Geneva, 21 January to 2 February 2023)

Alleged human rights violations

 Torture, ill-treatment and other acts of violence

 Excessive delays

 Impunity

A. Summary of the case

According to the complainant, Mr. Adrien Phoba Mbambi, a member of the opposition, was attacked on 22 February 2014 when travelling with his supporters to a meeting in Boma organized in his constituency to present the local population with an account of his parliamentary activities. He suffered a serious eye injury and was afforded medical care in Belgium covered by the National Assembly.

Despite the judicial complaint lodged by the member of parliament, the attackers have never been arrested and no steps have been taken by the authorities to punish the culprits. The alleged attackers – arrested at the time of the incident – were reportedly released by order of the local authorities shortly afterwards.

Case COD-82

Democratic Republic of the Congo: Parliament affiliated to the IPU

Victim: Opposition member of parliament

Qualified complainant(s): Section I (1)(a) of the Committee Procedure (Annex I)

Submission of complaint: June 2014

Recent IPU decision: March 2016

IPU mission(s): - - -

Recent Committee hearing: Hearing with the delegation of the DRC at the 152nd session (January 2017)

Recent follow-up:

- Communication from the authorities: Letter from the Speaker of the National Assembly (October 2017)

- Communication from the complainant: March 2019

- Communication to the authorities: Minister for Human Rights (October 2020); Letter to the Speaker of the National Assembly (January 2023)

- Communication to the complainant: January 2023

In January 2016, the Minister of Justice confirmed to the Speaker of the National Assembly that two cases had, indeed, been opened by the Public Prosecutor’s Office in Boma into Mr. Phoba’s complaint. He stated that the Public Prosecutor’s Office was waiting for Mr. Phoba to provide his input in the two cases by substantiating his complaint and providing the addresses of the suspects. In August 2017, the Speaker of the National Assembly stated that he had requested the Minister of Justice to instruct the Public Prosecutor's Office to track down the perpetrators of the attack and bring them to justice. However, although the parliamentary authorities provided information in 2022 about other cases under consideration in the Democratic Republic of the Congo, no updated information was provided about Mr. Phoba's case.

In the legislative elections held in December 2018, Mr Phoba was re-elected as a member of the National Assembly.

Despite repeated requests by the Committee's Secretariat and sustained efforts by the Committee to obtain updated information on this case, no updated information has been provided by the complainant since 2019.

B. Decision

The Committee on the Human Rights of Parliamentarians

1. Recalls that Mr. Phoba was the victim of an attack, the perpetrators of which remain unpunished, despite the fact that a complaint against them was referred immediately to the judicial authorities; remains concerned that, eight years after the attack against Mr. Phoba, no one has yet been held accountable; concludes that the Congolese authorities have failed in their obligation to ensure justice in this case and that Mr. Phoba obtains appropriate redress;

2. Firmly believes that impunity, which is in itself a serious violation of human rights, undermines the rule of law and can only encourage the repetition of similar violations; calls on the Congolese authorities to take the necessary steps to ensure that such violations do not recur in the future and that the rights of former and current members of parliament are respected;

3. Decides to close the case under section IX, paragraph 25(b), of its Procedure for the examination and treatment of complaints, given that the complainant has not provided any updated information for a prolonged period despite numerous requests and that it is therefore impossible to continue examining the case effectively;

4. Requests the Secretary General to convey this decision to the relevant authorities and the complainant.

Geneva, 21 January–2 February 2023