Case History: David Bugamba
On 15 September 2015 human rights lawyer Mr David Bugamba was unconditionally released from preventive detention following the intervention of the Prosecutor General's Office (Parquet Général de la République).
On 15 September 2015, the two magistrates approved the unconditionally release of David Bugamba from preventive detention. It remains unclear whether any charges will be brought against him.
David Bugamba is a member of the Bar Association of Bukavu and a legal consultant for the Congolese Initiative for Justice and Peace (Initiative Congolaise pour la Justice et la Paix – ICJP), an organisation that works for the protection and promotion of human rights in the DRC. The human rights defender also works for the Panzi's Legal Clinic in Bukavu where he assists victims of sexual violence.
On 15 September 2015 human rights lawyer Mr David Bugamba was unconditionally released from preventive detention following the intervention of the Prosecutor General's Office (Parquet Général de la République).
On 19 August 2015 the human rights lawyer addressed a complaint to the Prosecutor General of the Republic in Kinshasa, concerning problems within the judicial system in Bukavu and its outskirts. Mr Bugamba denounced the arbitrary intervention of the Prosecutor General in several cases and highlighted how these practices affect the pursuit of justice in Bukavu, and the defence and promotion of human rights.
On 5 September, three days after forwarding this complaint to the Appeals Court of Bukavu (Cours d'Appel de Bukavu), David Bugamba was arrested for alleged libel, defamation and contempt of court. On 8 September the Peace Tribunal of Bukavu (Tribunal de Paix de Bukavu) ordered the preventive detention of Mr Bugamba.
On 12 September 2015 the High Court of Bukavu (Tribunal de Grande Instance de Bukavu) dismissed David Bugamba's request for release from preventive detention. It declared the appeal inadmissible given that the documents supporting the preventive detention order were not available to the Court.
Following the decision of the High Court of Bukavu not to grant his release, two senior magistrates arrived from Kinshasa and held consultations with Bar Association representatives. After this meeting, members of the Bar Association of Bukavu held a series of demonstrations to express solidarity with the human rights lawyer and to call for his release.
On 15 September 2015, the two magistrates approved the unconditionally release of David Bugamba from preventive detention. It remains unclear whether any charges will be brought against him.
On 12 September 2015 the High Court of Bukavu (Tribunal de Grande Instance de Bukavu) dismissed an appeal filed on behalf of Mr David Bugamba challenging his preventive detention, as it declared the appeal inadmissible given that the documents supporting the preventive detention order were not available to the Court.
On 8 September 2015, David Bugamba's lawyers appealed the decision taken by the Peace Tribunal of Bukavu (Tribunal de Paix de Bukavu) to place the human rights defender in preventive detention. The appeals hearing took place on 11 September 2015 at the High Court of Bukavu and the following day the Court declared the appeal inadmissible as the Court did not have access to any of the documents concerning the preventive detention. The Prosecutor's Office (Parquet) and the Peace Tribunal of Bukavu were to have sent the documents to the High Court of Bukavu so that it could rule on the appeal. The Court therefore ruled to dismiss the appeal, despite this being a result of a procedural irregularity within the justice system.
On 8 September 2015 the Peace Tribunal of Bukavu (Tribunal de Paix de Bukavu) ordered the preventive detention of human rights lawyer Mr David Bugamba following his arrest on 5 September 2015 for alleged libel, defamation and contempt of court. On 5 September 2015, at approximately 1pm, David Bugamba was arrested as he left his office in Bukavu in relation to alleged libel, defamation and contempt of court. He was transferred directly to the Central Prison of Bukavu, where he is currently being held in preventive detention.
The human rights lawyer's detention and the charges brought against him are allegedly linked to a complaint which he addressed to the Prosecutor General of the Republic in Kinshasa on 19 August 2015 concerning problems within the judicial system in Bukavu and its outskirts. In this complaint, David Bugamba denounced the arbitrary intervention of the Prosecutor General in several cases, including influencing judges' rulings and a disregard for legal procedure. The human rights lawyer highlighted how these practices have been affecting the pursuit of justice in Bukavu, and the defence and promotion of human rights. The complaint was forwarded to the Appeals Court of Bukavu (Cours d'Appel de Bukavu) on 2 September 2015 and three days later David Bugamba was arrested.
