Case History: Yves Makwambala
HRDs Fred Bauma and Yves Makwambala were conditionally released on 30 August 2016. Charges are still pending against them, no further court dates have been set.
Yves Makwambala is a webmaster and graphic artist. Before being arrested, he was working with human rights defender Fred Bauma on the creation of a new pro-democracy platform called Filimbi.
On 1 February 2016, the Supreme Court of Justice in Kinshasa postponed the hearing on the provisional release of human rights defenders Fred Bauma and Yves Makwambala. Congolese authorities arrested the two human rights defenders in March 2015 and charged them with planning a violent insurrection and terrorist activities. According to fellow Congolese human rights defenders, however, these charges are politically motivated.
DRC’s National Intelligence Agency (Agence Nationale de Renseignements, ANR) arrested the two human rights defenders on 15 March 2015, during a workshop that was organised to launch Filimbi, a platform to encourage Congolese youth to peacefully and responsibly perform their civic duties. On the same day, ANR arrested about 30 people, including pro-democracy activists, artists, musicians and journalist. After a few days, Congolese authorities released everyone but Fred Bauma and Yves Makwambala.
The National Intelligence Agency held the two human rights defenders for 40 days with no charges and without granting them access to legal assistance. Yves Makwambala and Fred Bauma were then transferred to the public prosecutor’s office on April 24 and May 4, respectively. They were then brought to Kinshasa’s central prison, where they are currently detained.
The public prosecutor charged the two human rights defenders with belonging to an association formed for the purpose of attacking people and property, forming a conspiracy against the head of state, and attempting to either destroy or change the “constitutional regime” or incite people to take up arms against state authority. Authorities also charged Bauma with disturbing the peace, and Makwambala with publicly offending the head of state.
Fred Bauma and Yves Makwambala's detention – as well as the harassment and temporary arrests of fellow activists who held demonstrations to ask for their release - comes in the context of a broader crackdown on political party leaders, activists and human rights defenders. Throughout the country, civil society members have been demonstrating against President Joseph Kabila's decision to run for a third term in office, despite the Congolese constitution's two-term limit.
