Clovis Kakule Mutsuva Military Trial: DR Congo Denies Provisional Release

• Pro-democracy activist Clovis Kakule Mutsuva, 32, was arrested on July 18 in North Kivu province and faces a military trial in the DR Congo.
• He is charged with multiple offenses, including inciting disobedience and spreading false information, stemming from his activism for a peaceful city-wide shutdown.
• Mutsuva's health has deteriorated during over three months of pretrial detention, and his requests for provisional release for medical care have been denied.
• His trial by a military court is enabled by the DR Congo's 'state of siege,' which grants expanded powers to military authorities and allows them to try civilians.
• Human rights organizations and the African Commission on Human and Peoples' Rights assert that military courts should not have jurisdiction over civilians.

The African Commission on Human and Peoples' Rights has unequivocally stated that military tribunals should never exercise jurisdiction over civilians under any circumstances.

Pro-democracy advocate Clovis Kakule Mutsuva, 32, is currently awaiting trial before a military court in the Democratic Republic of Congo, following his arrest by plainclothes security officers on July 18 in North Kivu province. Mutsuva faces a range of serious charges, including inciting disobedience to the law, criticizing public authority, organizing unauthorized demonstrations, insulting the military, and disseminating false information both generally and via social media platforms. Prosecutors allege that Mutsuva urged demonstrators to "set fire" to the streets at night as a form of protest against insecurity and to demand greater government protection for civilians.

This arrest occurred approximately two months after Mutsuva and other activists had utilized videos and public speeches to advocate for a city-wide shutdown of public activities on May 14. The mayor of Beni confirmed that this shutdown was conducted peacefully. Despite the peaceful nature of the event, Mutsuva's subsequent detention has raised significant concerns, particularly given his outspoken criticism of the martial law orders implemented under the region's "state of siege."

Compounding the legal challenges, Mutsuva's health has reportedly deteriorated significantly during his pretrial detention, which has now extended beyond three months. He was hospitalized on August 11 for nearly two months before being returned to Kangbayi Central Prison in Beni on October 7. Requests for his provisional release, made by his legal counsel, have been denied by the Higher Military Prosecutor's Office of North Kivu, despite the urgent need for access to appropriate medical care.

The legal basis for Mutsuva's military trial stems from the "state of siege" regime, an exceptional measure introduced by President Félix Tshisekedi in 2021 across North Kivu and Ituri provinces. This declaration was intended to combat pervasive insecurity and violence perpetrated by armed groups, such as the Ugandan-origin Allied Democratic Forces, which have been responsible for deadly attacks in areas like Beni, near the Ugandan border. However, the state of siege has significantly expanded the powers of military authorities and curtailed fundamental freedoms, most notably by permitting military courts to exercise jurisdiction over civilians.

This practice directly contradicts international human rights standards. The African Commission on Human and Peoples' Rights has unequivocally stated that military tribunals should never exercise jurisdiction over civilians under any circumstances. This principle underscores a fundamental concern regarding due process and fair trial rights when civilians are subjected to military justice systems, which are typically designed for military personnel and military offenses, not civilian matters.

The case of Clovis Kakule Mutsuva highlights the ongoing challenges to civilian jurisdiction and human rights in the DR Congo, particularly within regions operating under the state of siege. Human rights organizations, including Human Rights Watch, have consistently urged Congolese authorities to ensure that civilians are tried in civilian courts, even in areas where martial law is in effect. This advocacy reflects a broader concern that the expanded role of military courts undermines the rule of law and the protection of individual liberties.

Advocates are calling for Mutsuva's case to be transferred from the military court to a local civilian court. Furthermore, they emphasize the critical need for his provisional release on bail, which would enable him to access the necessary health care that has been denied to him during his prolonged detention. This situation underscores the urgent need for vigilance regarding due process and the protection of fundamental rights for DR Congo human rights activists and all civilians caught within the military justice system.

Lawyers advising clients in DR Congo, especially in North Kivu and Ituri provinces, must be aware of the expanded powers of military authorities under the 'state of siege' and the controversial practice of military courts trying civilians. This case highlights the ongoing jurisdictional challenges and human rights concerns, requiring vigilance regarding due process, access to healthcare for detainees, and potential avenues for challenging military jurisdiction over civilian matters.

Source: Original reporting via Human Rights Watch