Declaration of Solidarity for indigenous Batwa imprisoned in DR Congo

On 4 February 2020, eight indigenous Batwa men and women were sentenced to up to 15 years in prison after seeking to regain access to their traditional lands, now part of Kahuzi Biega National Park. The sentencing followed a one-day trial in front of a military tribunal that failed to recognise the most basic principles of due process and access to a fair trial.

Their convictions followed a complaint lodged against the Batwa by the Congolese Institute for Nature Conservation (ICCN), the government body responsible for protected areas in the Democratic Republic of Congo. They are now in prison in horrific conditions and are appealing their convictions.

Our concerns about their case and the subsequent convictions include the following irregularities: 

• The process was rushed: they were brutally arrested on the night of 24/25 January 2020, a complaint was filed against them on 1 February and they were convicted of three charges after a single day’s trial on 4 February.
• They were tried in front of a military tribunal, which, according to the Constitution, should only rule on offences by members of the Armed Forces or the National Police.
• The defendants were not given an opportunity to select their own counsel.
• The lawyer appointed to defend them was given only one day to prepare a defence.
• During the one-day trial, the defendants were not allowed to present evidence or to dispute the evidence presented.
• The judgement and sentence were pronounced by the presiding judges after 20 minutes of deliberation, without the defence being allowed to file a note.

The health and lives of these defendants are at risk in the prison where they are being held, due to inhumane conditions including lack of sufficient food, exposure to raw sewage, and not having enough room to sleep lying down. Since their conviction, they have been refused all visitors.

Forest Peoples Programme have signed a Declaration of Solidarity expressing our deep concern about the case, and calling for the immediate release of the Batwa men and women.