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Central African Republic |
JUSTICE
What’s happening after the failed coup attempt
is doing nothing to appease
the nation’s anxieties
The Joint Judicial Inquiry Commission (CMEJ), set up on 8 June by Justice Minister, Mr. Marcel Metefara, to examine evidence and determine responsibility for the failed 28 May coup attempt, is continually being criticised by those who really care about our nation’s future.
Nobody, including a number of critical observers has any confidence in the CMEJ. People disapprove of the way in which investigations are being carried out, and say the Commission’s very existence is illegal. Others have protested against the arrest of certain citizens belonging mostly to André Kolingba’s ethnic group (he is accused of leading the coup attempt). For more than three months they have been detained under inhuman conditions.
The final straw was the arrest and imprisonment on 27 September of the former president of the Bar Association, Lawyer Zarambaud Assingambi.
The CMEJ
The CMEJ‘s membership includes magistrates and senior police investigators. As soon as the CMEJ was established, the Central African Human Rights Association (OCDH) sent a letter to the Justice Minister, stressing that the CMEJ was chaired by a magistrate who was both Attorney-General and a government commissioner with the military tribunal, and thus depended on the Ministers for Justice and National Defense. «So how is it possible for investigations to be free and open under such circumstances?» Recently, following the renewal of the CMEJ‘s mandate (which ended on 8 September), Lawyer Zarambaud Assingambi published in the daily newspaper, Le Citoyen, an analysis as to how the Central African Republic (CAR) is governed, and more specifically, how the CMEJ goes about its work. He stated that the 14 January 1995 Constitution has already provided legal institutions competent to treat questions relating to a coup d’etat situation. Therefore, the very existence of the CMEJ is both anti-constitutional and illegal, and Lawyer Zarambaud says he has every right to criticise the way in which the CMEJ works and arrives at its decisions.
Even before that, the local press had already criticized the way in which investigations were being carried out — frequently based on denunciations which, after checking, often proved far from accurate. Moreover, the investigations were aimed at members of the Yakoma ethnic group, whereas there was increasing suspicion that highly placed officials close to President Patassé were involved.
At a 28 September press conference, the Speaker of the National Assembly, Mr. Luc Apollinaire Konamabaye, said that those who were trying to upset President Patassé’s apple cart, were to be found within the Movement for the Liberation of the Central African People (MLPC)’s central office. General François Bozize, chief-of-staff of the armed forces, refused to present himself before the CMEJ.
Joseph Bindoumi
In 1997, former mutineers Serge Azouandji and two of his comrades-in-arms were murdered at police headquarters. Magistrate Joseph Bindoumi was ordered to conduct an investigation into the circumstances surrounding the deaths of these soldier-mutineers. But the investigation’s report was never made public. In Justice Ministry circles, some magistrates say that Mr. Bindoumi reported back directly to the Head of the State and did not follow official channels.
Justice Minister Antoine Grothe, was surprised to learn that it was the Attorney-General, Mr. Bindoumi, who had given the order to disperse by force the meeting organized at the Bonga-Bonga stadium on 19 December 2000 and to arrest the leaders and opposition Members of Parliament. Because of this, Mr. Grothe refused to remain at the head of the Justice Ministry, saying «enough is enough».
Initially, the CMEJ had three months to achieve the mission entrusted to it by the Head of the State. But Mr. Bindoumi, considered this time insufficient, and requested, to everyone’s astonishment, three more months, so as to extend the investigations both within and without the Central African Republic (CAR). In three months, the CMEJ had used up all the money which had been allocated to it — in interviewing and arresting 250 of the country’s citizens — all this on the basis of denunciations. Whereas the real leaders and others taking part in the failed coup, had either fled into exile or are to be counted among President Patassé’s entourage.
The CMEJ and human rights
The former Minister for Defense, Mr. Jean-Jacques Demafouth, was arrested after his second hearing and placed under house arrest in a villa close to the residence of President Patassé. He has been threatened by some of the presidential security guards who promise to have his blood. There’s strict visiting regulations controlling visits from his wife, members of his family and acquaintances. At the end of September, he went on hunger strike to protest against his situation.
Most of the prisoners are held at police headquarters, and here matters are even worse. On 29 May, Regimental Sergeant-Major Sylvain Kouzounguere was arrested, beaten and thrown into jail at police headquarters. Those who saw him said he had a swollen head and was spitting blood.
Sylvain Kouzounguere is Colonel Aimé Kassa’s son. Since the three mutinies during 1996-1997, both had been loyal citizens, defending the Republic and its institutions. In spite of their loyalty, following the recent failed coup d’etat, they were targeted by the presidential security services because they are related to the supposed leader of the attempted coup, André Kolingba.
When Sylvain Kouzounguere was brought to police headquarters in a shocking state, the duty officers refused to take him to the infirmary, saying: «No care available for putschists». After more than three months, his health worsened. On 17 September, an International Committee of the Red Cross delegation, which was visiting the prisoners, contacted the CMEJ‘s chairperson, insisting the police should take Kouzounguere to the infirmary. But as a result of his previous bad treatment, Kouzounguere died there four days later on 21 September in the early morning.
On 26 September, five days after Kouzounguere’s death, Lawyer Zarambaud Assingambi, was arrested in the street, on the verbal instruction of the CMEJ‘s chairperson. Soldiers dragged the Bar Association’s president from his car and dragged him along the ground before throwing him into their vehicle. He was taken to police headquarters where he was locked up in a narrow cell with more than thirty people. The following day, Lawyer Zarambaud refused to return to the cell, saying he preferred to be killed rather than to return to that hell-hole.
In the afternoon, police officers searched Zarambaud’s residence (in complete violation of Law Number 97.01 of 4 July 1997, which determines the rights and privileges of lawyers in the CAR). Previous to this, in December 2000, the police had searched the lawyer’s residence because he had taken part in a meeting of the United Opposition Front and supported the legitimate claims of public sector workers, who were demanding thirty months of back-pay still owed them.
The CMEJ and the «cooling-off» process
The CMEJ‘s chairperson has given a number of reasons justifying Lawyer Zarambaud’s arrest. First of all to Lawyer Nicolas Tiangaye who is defending Zarambaud, and to the present president of the Bar Association, Lawyer Martin Kongbeto. Both went to see the CMEJ‘s chairperson to find out why their colleague had been arrested. By way of reply, Mr. Bindoumi quoted the article published in the daily newspaper, Le Citoyen, which he said, «was calling for rebellion». Mr Bindoumi also stated on Radio France Internationale that Lawyer Zarambaud had fled with the rebels before returning to Bangui. «This implies he was involved in the 28 May coup attempt».
Mr. Bindoumi’s reasons seemed to be not far short of settling old scores, so a number of personalities active in the country, called on all those who love democracy to demand Lawyer Zarambaud’s release. They also challenged the powers-that-be, to make every effort to cool the situation and stamp out the increasingly worrying insecurity prevailing within the country.
Unfortunately, matters have not yet ended. Following Lawyer Zarambaud’s arrest, other lawyers, magistrates and clerks of the court belonging to the ethnic Yakoma group have been arrested and questioned.
The whole crisis has been badly managed from the word «go». The way in which the security services operate, leaves much to be desired; the CMEJ‘s investigative methods based on denunciations, and the on-going witch-hunt against members of Kolingba’s ethnic group, is doing nothing to calm the situation called for by the CAR‘s political authorities. Everything possible should be done to support those who are striving to defend and advance democratic values, so that the CAR avoids being classified among those nations which do not respect human rights.
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