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FM AMEMBASSY KINSHASA
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INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEAIIA/CIA WASHDC
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RHMFISS/HQ USEUCOM VAIHINGEN GE
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS SECTION 01 OF 02 KINSHASA 000361 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958; NA 
TAGS: PHUM PGOV KDEM CG
SUBJECT: Press freedom quarterly: January-March 2008 
 
¶1. (SBU) Summary:  Congolese authorities used restrictive freedom of 
expression laws to convict a journalist in Kasai Oriental province 
and arrest four others in Kinshasa and South Kivu.  Police beat a 
cameraman filming their operations in Katanga.  Legal proceedings 
resumed in the case of murdered Radio Okapi journalist Serge 
Maheshe; MONUC issued a report denouncing the conduct of the 
original trial.  Many of these abuses are the result of a gap 
between constitutional protections and Mobutu-era defamation laws. 
End Summary. 
 
¶2. (SBU) Congolese government and security officials continue to use 
Mobutu-era legislation criminalizing allegations against public 
officials to intimidate and detain journalists.  The 2006 
constitution guarantees freedom of speech, but Parliament has not 
yet acted to update the legal code.  This message highlights five 
cases reported by press freedom NGO's during the first quarter of 
the year.  It also reports on the beating of a journalist by police 
and provides an update on legal proceedings in the case of murdered 
Radio Okapi journalist Serge Maheshe. 
 
Convicted for "damaging allegations" 
------------------------------------ 
 
¶3. (U) On February 12, a court in Mwene-Ditu, Kasai Oriental 
sentenced Justin Kabasele, a reporter with Radio-Television Kasai 
Horizons (KHRT), to one year in prison and a fine of 750,000 FC 
(approximately $1,400) for making "damaging allegations."  In a 
broadcast on May 15, 2007, Kabasele had reported that a Mwene-Ditu 
government employee was having an extra-marital affair.  His lawyers 
have filed an appeal.  Journaliste en Danger (JED) told us March 22 
that Kabasele had fled and his whereabouts were unknown. 
 
Detained by authorities 
----------------------- 
 
¶4. (SBU) On February 12, Justice Minister Mutombo Bakafwa ordered 
the release from Kinshasa central prison of Maurice Kayombo, a 
reporter for the investigative magazine Les Grands Enjeux, following 
34 days of detention.  According to Reporters Sans Frontieres (RSF), 
Christophe Kanionio, Secretary-General of the Mining Ministry, had 
ordered Kayomo arrested January 9 after calling him to his office to 
verify information for a story on management of the mining sector. 
Initially charged with "blackmail and insulting authority," Kayombo 
was transferred January 12 to a holding cell at the Gombe High 
Court, which charged him with "damaging allegations and attempted 
fraud."  He was transferred to Kinshasa's central prison January 16. 
 RSF told us March 22 that he is currently free.  Kayombo told us 
March 31 that Les Grands Enjeux had fired him.  He said he was 
preparing a lawsuit against Kanionio but does not have the funds 
needed to hire an attorney to pursue the case. 
 
¶5. (U) On March 7, unidentified armed men arrested Editor Ponte 
Nsimba Embete of the Kinshasa bi-weekly L'Interprete at the "Pascal" 
bus terminal in the Kinshasa commune of Masina.  According to JED, 
his family and lawyers later learned he was being held in a building 
used by the National Intelligence Agency (ANR) near the prime 
minister's office.  On March 29, Nsimba's assistant David Ntondo 
Nzovuangu was also arrested.  Nsimba's family and MONUC have both 
been unsuccessful in obtaining information about them. 
 
¶6. (U) Both journalists remain incommunicado; neither has been 
charged.  However, JED reported in an April 10 letter to Interior 
Minister Denis Kalume that Communications Minister Emile Bongeli had 
told the group Nsimba was being held for criticizing President 
Kabila.  L'Interprete claimed in its February 29 edition that Kabila 
had been killed; it later revised its story to allege that he had 
been wounded by his bodyguards.  Before his arrest, Nsmiba claimed 
he had received threats because of the allegations. 
 
¶7. (SBU) On March 18, police arrested Dominique Kalonzo of community 
radio Messager du Peuple while he was reporting from court in Uvira, 
South Kivu.  The station's director told MONUC's Radio Okapi that 
the three police officers who arrested Kalonzo also took his 
equipment.  Kalonzo had received a summons to appear for questioning 
in a case of "slander" against a local high school.  Students had 
complained about having to pay additional fees for classes held 
during January 2008 holidays.  Kalonzo told us April 9 that the 
Uvira prosecutor ordered him released without charge following three 
hours in jail. 
 
Assaulted by police 
------------------- 
 
¶8. (SBU) On January 13, police in Likasi, Katanga questioned Jacob 
Shimbi of Radio-Television Likasi 4, who was filming the demolition 
of illegal kiosks.  According to L'Observatoire de la Liberte de la 
 
KINSHASA 00000361  002 OF 002 
 
 
Presse en Afrique (OLPA), a Congolese advocacy NGO, police brutally 
beat Shimbi after he was unable to show them his credentials as a 
journalist and refused to give them his camera. 
 
Maheshe murder case appeal 
-------------------------- 
 
¶9. (SBU) On February 20, the Bukavu Military Tribunal opened 
proceedings in the twice-postponed appeal of the four men convicted 
for the June 13, 2007 murder of Radio Okapi editor Serge Maheshe. 
On March 5, the Court denied a petition for release of Serge Mohima 
and Alain Shamavu, friends of Maheshe convicted on the basis of 
testimony by alleged perpetrators Freddy Bisimwa and Mugisho 
Rwenzangabo.  Bisimwa and Rwenzangabo had later recanted, and 
accused two of the five military magistrates presiding at the appeal 
of pressuring them to implicate Mohima and Samavu.  The appeal is 
still ongoing. 
 
¶10. (SBU) On March 7, MONUC's Human Rights office published a report 
criticizing conduct of the August 7 trial which convicted the four. 
The report called the proceedings flawed at every stage by serious 
violations of the basic right to a fair trial.  It also highlighted 
the injustice of death sentences since the court had acknowledged 
contradictions and lack of clarity in evidence.  It specifically 
criticized the prosecution's failure to follow up leads related to a 
robbery by two soldiers and an altercation Maheshe had had with 
officers of the presidential guard. 
 
Comment 
------- 
 
¶11. (SBU) Old habits die hard.  Many officials will continue to use 
defamation laws currently on the books to harass critics until 
Parliament acts to close the gap between constitutional protections 
and the repressive practices codified during the Mobutu regime.  End 
comment. 
 
GARVELINK