Democratic Republic of Congo: Two critics of the “state of siege” arrested

(Nairobi) – Two human rights defenders who spoke at a press conference criticizing the “state of siege” in the eastern provinces of the Democratic Republic of Congo have been detained without charge since August 1, 2024, Human Rights Watch said today.

One of those detained is Jack Sinzahera, 35, a member of the civil movement Amka Congo (Wake Up, Congo). He is a long-time activist and fighter who is campaigning for the lifting of the “state of siege” in North Kivu and Ituri provinces. Gloire Saasita, 27, also detained, is a member of the civil movement Génération Positive, which fights to defend human rights in Congo. Neither of them has been brought before a judge, which is required under Congolese law within 48 hours of an arrest. The government should release them immediately.

“Human Rights Watch is deeply concerned about the safety of activists Jack Sinzahera and Gloire Saasita,” said Carine Kaneza Nantulya, deputy Africa director at Human Rights Watch. “Congolese authorities should release them and stop using the 'state of siege' to crack down on the rights to freedom of expression and association.”

These arrests come at a time when the armed conflict in eastern Congo has intensified as the Rwandan-backed M23 continues to seize territory around the eastern Congolese city of Goma. In May 2021, President Félix Tshisekedi, who was re-elected in December 2023, imposed martial law – a “state of siege” – in North Kivu and Ituri provinces. Since then, the military has seized civilian power in both provinces, and martial law remains in force. Despite the “state of siege,” armed groups continue to attack civilians, who are barely protected by the Congolese army.

Activists who attended the August 1 press conference told Human Rights Watch that at about 10:45 a.m., Sinzahera and Saasita were at the basketball stadium of the Institut Supérieur de Commerce (Higher School of Commerce) in Goma, giving interviews to journalists when they were approached by men in plain clothes. The activists interviewed said they recognized the men as members of Goma's intelligence agency, known as P2.

They said one of the men told Sinzahera they had come to arrest him and another told Saasita: “Since you are covering yourself with the country's flag and are a patriot, you too can come and explain yourself afterwards.” The men put the two activists in a private car and drove away.

A family member and a human rights activist in the Congolese capital Kinshasa told Human Rights Watch that the two activists were transferred to the Directorate General of Intelligence (Direction Générale des Renseignements) in Kinshasa on August 10. The families said the authorities did not tell them the reason for the arrests.

An activist from Goma said he was able to visit the two activists once in custody after paying a bribe. He said Sinzahera and Saasita told friends during their visit that they had been arrested for criticising the “state of siege”.

Human Rights Watch previously reported that the military and police used martial law to restrict freedom of expression, suppress peaceful demonstrations with lethal force, and arbitrarily arrest and prosecute activists, journalists, and members of the political opposition.

On April 2, 2022, Mwamisiyo Ndungo, an activist with Lucha, an organization fighting to protect rights and freedoms in Congo, was arrested and later sentenced to five years in prison for criticizing the “state of siege” on his X account (formerly Twitter). These recent arrests underscore the government's growing intolerance of voices criticizing the “state of siege” in North Kivu, Human Rights Watch said.

Under martial law decrees, military authorities can ban gatherings deemed contrary to public order and arrest anyone who disturbs public order. Civilians are tried in military courts, violating Congo's obligations under international human rights law to ensure due process and fair trials.

According to the International Covenant on Civil and Political Rights, to which Congo is a party, certain rights can be suspended during a state of emergency, but this must correspond to the “exigences of the situation” and be lawful, necessary and proportionate, even if martial law is in force. The African Charter on Human and Peoples' Rights, which Congo has ratified, does not allow the suspension of its provisions under any circumstances.

“The arrests of Jack Sinzahera and Gloire Saasita appear to be aimed at their criticism of the 'state of siege',” said Kaneza Nantulya. “The Congolese government should ensure that the state of war is not used as a pretext to restrict the basic rights of the population and find effective measures to address the security problems in North Kivu.”