Kinshasa, April 5, 2022
PRESS RELEASE OF APRIL 5, 2022
BEYAGATE: François BEYA transferred to Makala after 60th day of arbitrary detention
- 60 days of Detention and now Transferred to Makala Prison
The Collective learned about the transfer of François BEYA KASONGA from the premises of the ANR to the Kinshasa Penitentiary Rehabilitation Center « CPRK » (ex-central prison of MAKALA), in the evening of Monday, April 4, 2022. This transfer was decided during the weekend following a meeting between the Head of State and the Commission which interviewed François BEYA KASONGA. Several officials of the security services, including the indispensable Jean-Hervé MBELU, took part in this meeting.
Again, the rights and freedoms of François BEYA KASONGA are, for the umpteenth time, violated by a Commission which is not a recognized judicial authority to decide on the transfer of the latter to a prison.
Many questions remain: why is François BEYA KASONGA not brought before his natural judge? Will he be able to access legal assistance? Will he be able to have access to the file mounted against him, knowing that it was founded in flagrant violation of the adversarial principle? What is the fate of his fellow prisoners transferred overnight to NDOLO prison? Has the said Commission also ruled on their case? Will they be subject to relaxation? If so, what justified their arbitrary detention in the first place? For what reasons would they be released and François BEYA KASONGA held in arbitrary detention? Are there security guarantees for his communication advisor, forced into hiding today? Is the AG of the ANR so mired in the false case mounted against François BEYA KASONGA that he is ready to take an innocent person to court for the sole purpose of saving his head from this sad case? Is this how the new boss of the ANR intends to humanize this security service? Is it for this reason that he persists against the members of the Collective by threatening them with arrest or even elimination for the simple fact of their work? Is this the rule of law advocated by the Head of State?
The Collective is also surprised to learn about the regular participation of Me Georges KAPIAMBA, President of ACAJ, in the meetings of the abovementioned Commission on the fate of François BEYA KASONGA.
This fact confirms the finding of the Collective according to which Me KAMPIAMBA, whose association belatedly denounced the irregular and arbitrary detention of François BEYA KASONGA, is more at the service of the ANR – in the dirty work that it carries out against the aforementioned- only in the service of truth and justice.
In this respect, the Collective asks Me KAMPIAMBA to stop intervening in a harmful way in this file which does not honors the ANR nor himself.
2. Towards an expeditious trial before a military court
During its press conference on March 9, 2022, the Collective the informed national and international opinion that the ANR was seeking to manufacture and mount false elements that could be charged to François BEYA KASONGA for the sole purpose of leading him right before a judge and obtain an excessive sentence of capital punishment.
Following the transfer of François BEYA KASONGA to Makala, it comes back to us, from reliable sources, that he will be brought before the High Military Court after decision of the Auditor General.
The legal procedure is biased: François BEYA KASONGA went from the ANR to Makala prison without going through the prosecution.
The Collective is concerned about these practices of false files that lead innocent people to justice to settle political differences. As a reminder, the Collective has clarified, on numerous occasions, that the file against François BEYA KASONGA is empty. This is above all the victim of a war within the presidential palace. François BEYA KASONGA is paying for his investigation into a mining conflict involving the Private Councilor to the Head of State, Fortunat BISELELE and the former President of the Independent National Electoral Commission (Ceni), Corneille NANGAA, to name but a few.
For the sole purpose of reducing François BEYA KASONGA to silence, civilians, and soldiers were bribed to make false confessions and testimonies on an alleged participation in a coup against the power in place, whose initiator would be the person concerned.
The Collective learns, from the same sources, the arrest, yesterday, of some senior army officers from central Kongo and the East of the Republic for the purpose of being linked to the François BEYA KASONGA file.
Neither the ANR nor the Presidency emerge from such fabrication of false evidence to translate a collaborator who has worked with rigor and seriousness throughout his career and for the TSHISEKEDI Presidency.
The Collective regrets that such practices which were current during the KABILA regime are back in force under the current regime which nevertheless advocates the establishment of the rule of law.
What rule of law are we talking about when security services are thus mobilized to fabricate a false case against a citizen who has only done his job by investigating, in particular, the aforementioned mining conflict? Is the BEYA Affair a signal to anyone who would disturb the power over the fate that could be reserved for him? Will the human and financial resources of the State be diverted from their assignment to pillory a citizen or political adversary deemed cumbersome? Is it such justice that the new power intends, in turn, to render to the Congo? Is this how the regime in place intends to establish the rule of law?
Under such conditions, François BEYA KASONGA, political prisoner of the new regime, will not be able to benefit from a fair trial.
3. Request from the Collective
1. The Collective reiterates its request for the personal involvement of President TSHISEKEDI, as Father and Guarantor of the Nation, for the immediate and unconditional release of François BEYA KASONGA, of his private secretary Guy VANDA, of his protocols David CIKAPA and Claude KIDISHO as well as his bodyguard Jean-Pierre KALENGA, in the absence of charges against them.
2. It asks the ANR to stop its threats and intimidation against its communications adviser, Sonia LUKUSA and her children who are now out of school.
3. The Collective also asks him to stop his pressures and unjustified pursuits towards the Collective’s members, and in particular Victor TESONGO, forced into hiding.
Done in Kinshasa, April 5, 2022
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