Skip to content

Kasula Trial update: Two Batwa released on bail in DRC; six remain in prison

Batwa prisoners in DRC

Since 4 February this year, eight Batwa people have been imprisoned in appalling conditions in eastern DRC. We are pleased to hear that two of them, Nsimire M’Manda and Faida Bahati, have been temporarily released on bail as of 30 July. However, six others are still in prison and all eight face a long struggle for justice.

The eight prisoners were convicted of offences connected with Kahuzi-Biega National Park after a one-day trial at which they were given no time to choose or consult a lawyer or to call witnesses. Leaving aside the fact that they dispute their guilt, the process leading to their conviction was clearly completely lacking in due process. Of the group, the six men were sentenced to 15 years imprisonment each and the two women to one year in prison. The whole group immediately launched an appeal, which was eventually scheduled to be heard on 23 July.

On 23 July, the group’s lawyers arrived at court, only to be told that the Public Prosecutor had “forgotten the file” and was going to have to postpone the case by a week. On 30 July, the appeal for release on bail of four of the eight defendants was eventually heard and bail was granted for the two women.

We welcome the fact that two women have been released and are able to return to their homes and families after six months of appalling and unjust incarceration following a trial that did not respect due process. However, we are deeply concerned that the other six are still in prison with no idea of when their appeal will be heard.

Highlighting the injustice of their situation, we would point out that an incident in which a Batwa man was killed by being shot by ecoguards while playing football in July 2019 was treated completely differently.  The accused, who had been witnessed carrying out the killing, was not detained or charged bail despite the fact that he admitted the murder and it has taken one whole year for the case to be even deemed admissible. No trial date has yet been set and the killer is still walking free. Contrast this to what happened to the eight Batwa defendants in this case: accused of damage to the park and one being accused of having a firearm in his house, they were arrested, accused and tried within four days and sent to prison for 15 years after a one-day trial. It is a travesty of justice.

More information about the case can be found here.

Show cookie settings