One hundred and thirty people lynched by the crowd in 2021 and more than twenty since the beginning of the year: man, woman, child, no one is spared. In the province of South Kivu, in the Democratic Republic of Congo (DRC), for nearly three years, the population has been doing justice by putting an end to the lives of alleged offenders. Voices are raised to denounce this practice.
Pain, sorrow, bitterness: these are the feelings that have driven Sylvestre Mushaga, a teacher, since the loss of his aunt, Arrieta M’Mihando. She lived in Buhehe village, Kabare territory, north of Bukavu city, South Kivu province, DRC.
” It was July 8, around 6 o’clock in the morning, recalls Mr. Mushaga. We were still sleeping when we heard a lot of noise in the neighborhood. I’m the oldest in the house, so I rushed over to see what was going on. Arriving at the road, a neighbor came to tell me: “We just caught your aunt, naked, and we beat her. If you go there, we risk hitting you too”. »
“ We found his body on fire »
The teacher is then torn between helping his aunt or preserving his life. “ I was scared. You know, here, it’s a bit complicated. If you try to testify for someone caught by the mob, we take you for an accomplice. »
Sylvestre Mushaga decides to go there all the same, accompanied by two friends. But it is a scene of horror that he discovers when he arrives there. ” We found his body on fire. It’s the worst moment I’ve ever had. We quickly went home, because I couldn’t watch. I couldn’t bear this tragedy. A few hours later, the police came and the village chief allowed us to evacuate my aunt’s remains. »
According to witnesses, Arrieta M’Mihando was accused of witchcraft by the crowd. The latter suspected her of being the cause of the death of a young boy.
Pascal Ngaboyeka
Journalist at Star Radio
Bukavu, DRC
One hundred and thirty people lynched in one year
One hundred and thirty people lynched and burned by the crowd in one year: this is the sad toll published on January 10, 2022 in the bulletin of the synergy of youth associations for civic and electoral education and the promotion of human rights in South Kivu (SAJECEK-Forces Vives). Among them, Arrieta M’Mihando (read elsewhere).
This human rights defense structure indicates that the month of September 2021 recorded the highest number of victims, thirty exactly, and the territory of Uvira was the most affected with ten cases listed.
This organization deplores the silence “ total authorities and the security governance deficit in South Kivu. Some relatives of victims ask the competent authorities to better ensure the safety of people and more promptness from the police when a person is threatened by the crowd. And since January, more than twenty people have been killed by the mob.
Why the persistence of this practice?
Public opinion is unanimous: the resurgence of mob justice cases in South Kivu is a fact. And the figures are there to demonstrate it (read elsewhere).
But why is the population opting more and more for the illegal route, taking justice into its own hands? For many interviewees, the answer is clear: it is the lack of trust in the security and justice services that pushes them to act in this way. While deploring these acts, some residents thus blame the state. “ It is up to the state to restore its judicial power. He must work independently and objectively in order to punish all the recalcitrants who disturb the peace in society. “, explains Prospère Bisimwa, resident of the village Tshofi, in the territory of Kalehe.
Delphin Birimbi, coordinator of the association Together for the Promotion of Human Rights (EPDH), agrees and adds that ” the lack of awareness of the civilian population and law enforcement and security forces partly explains the persistence of this practice “.
What the Congolese law says
Me Pascal Mupenda is director of country programs for the human rights organization Partnership for Integrated Protection (PPI). He says he understands the fear felt by the population who sees in a neighborhood or village a person who was once arrested and considered a “robber”. And he recognizes that she has no confidence in the security forces and in justice. But he wishes to recall various articles of the Congolese Constitution of February 18, 2006 as well as legal texts evoking in particular the responsibilities of each other.
The judiciary alone empowered to dispense justice
It is thus stated “ from article 149, (that) the judiciary is the only one empowered to dispense justice. Which implies that no one is allowed to take justice into their own hands. Article 6 of the Code of Criminal Procedure insists that when a person is prosecuted by public outcry, (he) must be taken to the nearest police station. Otherwise, the perpetrators can be prosecuted for arbitrary arrest “.
According to him, the crowd that brings the person arrested by “public outcry” must follow up on the file by delegating, for example, two people in order to present the evidence on the basis of which the investigating magistrate or the judicial police officer can rely on to establish the facts.
The presumption of innocence
Me Pascal Mupenda continues by speaking of responsibility at two levels. And it highlights the principle of “the presumption of innocence” mentioned in article 6 of the Congolese Code of Criminal Procedure and article 17 of the Constitution. ” At this level, you will understand that anyone you can arrest by bringing them to justice is there to verify whether or not the person is guilty. And as long as it is not yet judged, the person continues to enjoy the presumption of innocence in accordance with article 17 “, he explains.
What possible solutions?
Me Pascal Mupenda, director of country programs of the human rights organization Partnership for Integrated Protection (PPI) pleads for the professional reinforcement of the police services and the sensitization of the population so that they avoid bringing justice.
For Théophile Kiluwe, provincial Minister of the Interior and Security, even if mob justice cases are still reported in South Kivu, they have been on the decline in recent weeks. But social actors and human rights defenders denounce the lack of police personnel able to contain the crowd during such acts. On this point, the minister is reassuring.
Efforts are being made by the provincial government to limit this scourge: “ The lack of police personnel is a national problem, it is not only in South Kivu. But there is already a solution that has been considered by the Head of State, and shortly, there will be recruitment throughout the Republic, in the army and in the police. This is the reason why we continue to educate young people to leave armed groups and come and serve the state in the loyal security forces. “, he specified.