EU Opposes Death Sentence for M23 Rebel Leaders

The European Union has opposed a death sentence handed to some of the 26 leaders of the M23/Congo River (Fleavu) Alliance rebels, describing it as a contravention of the rule of law.

A military court sitting in Gombe-Kinshasa on August 8, handed a death sentence in absentia to the coordinator of the Alliance Corneille Nangaa, M23 Rebels President Bertrand Bisimwa, The group Military Commander General Emmanuel Sultan Makenga, former spokesperson Colonel Vianney Kazarama and journalist Paluku Magloire among others.

M23 rebels; Éric Nkuba, Nangaa Baseyane Putters, Safari Bishori Luc, Nkangya Nyamacho alias Microbe and Samafu Makinu Nicaisse were physically handed the sentence.  They were accused of war crimes, participation in a criminal group and treason. 

The court also issued a warrant for the immediate arrest of Nangaa and the confiscation of his property. 

On the same day, the High Court of Kinshasa-Gombe sentenced to death six members of The Force of Progress, a group affiliated with the Union for Democracy and Social Progress party, for criminal association and attempted murder.

In a statement released on Saturday by Nabila Massrali, the spokesperson for Foreign Affairs and Security Policy, the EU said that the accused persons have a right to a fair trial and fair hearing. The EU added that the sentence represents the ultimate denial of human dignity, fails to deter criminal acts and makes miscarriages of justice irreversible. 

'The EU reiterates its commitment to the need to guarantee the right to a fair trial and respect for the rights of the accused, in line with the international legal obligations to which the DRC has subscribed. The EU also reiterates its total opposition to the death penalty, in all circumstances,' The statement reads

It added that the death penalty is incompatible with the inalienable right to life and is cruel, inhuman and degrading. It represents the ultimate denial of human dignity, fails to deter criminal acts and makes miscarriages of justice irreversible.

The conflict between M23 and the Congolese government began in March 2022, led by Bertrand Bisimwa and Emmanuel Sultan Makenga. The war led to the M23/AFC capture and control of large parts of Rutshuru, Masisi, Nyiragongo and Lubero territories in North Kivu province. 

The DR Congo government has repeatedly accused Rwanda of supporting M23, a claim that both Rwanda and M23 deny. The rebels assert that their fight is against corruption, xenophobia, and discrimination within the DR Congo's leadership.