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DR Congo Military Proceedings Concerning Kilwa Incident
For journalists: If you are interested in receiving updates about these proceedings and other developments concerning the Kilwa incident, please send your contact details to media@raid-uk.org
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Higlights of Press Coverage:
- DRC's Kabila Faces Unruly, Corrupt Mining Sector,
Voice of America, 15 Dec
- Trial in DRC Focuses Attention on Mining Industry,
Voice of America, 14 Dec
- War crimes trial opens in DRC, News 24.com, 13 Dec
- Australians on trial in Congo, say lawyers, The Age, 13 Dec
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Overview: On 12 December 2006, the trial of former Colonel Ademar Ilunga and eight of his subordinates for breaches of the Geneva Convention and its Additional Protocols opened in the Military Court of Katanga (Case Number R.P 010/06). Initially, it appeared that Anvil Mining Congo was also being charged, but the Prosecutor subsequently clarified that three former Anvil employees face charges of complicity in war crimes.
The trial concerns extrajudicial killings, torture, rape and looting carried out by the Congolese Armed Forces (FARDC) in October 2004 in the town of Kilwa, which is located in the mineral rich Katanga Province of the DRC. These crimes occurred during an operation to suppress a small-scale rebellion in Kilwa.
The former Anvil Mining employees are accused of having “voluntarily failed to withdraw the vehicles placed at the disposal of the 62nd Brigade in the context of the counter offensive of October 2004 to recapture the town of Kilwa” and of having “knowingly facilitated the commission of war crimes by Ilunga Ademar and his men”.
Anvil admits having given “logistical support” in the form of the use of its chartered planes and vehicles and drivers to enable the military to gain access to Kilwa. Anvil claims that it was compelled to provide this assistance. The case against Anvil hinges on whether this support was given voluntarily or under compulsion.
Australia’s current affairs programme, Four Corners, exposed Anvil Mining’s role in the Kilwa incident in June 2005. Before the expose, Anvil Mining had not informed any authorities of the human rights violations at Kilwa. |
Military Court of Katanga |
Victims' lawyers |
The defendants and their lawyers |
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Further information:
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| 12 Mar |
Press Release: Human Rights Groups Denounce Obstruction of Justice Following Transfer of Kilwa Trial’s Military Prosecutor |
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03 Jan |
Legal Update No. 2 | Chronique judiciaire No. 2: The Court adjourned the hearing until 18 January 2007 in order to consider its response to the objections raised by the lawyers representing the accused, Pierre Mercier, as to whether he was duly notified. |
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14 Dec |
Legal Update No. 1 | Chronique judiciaire No. 1: The Court calls for an adjournment before giving its view on objections raised by the lawyers representing Anvil Mining and its three ex employees; next hearing set for 27 December 2006 |
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12 Dec |
Press Release | Communique de Presse: Trial begins for Congolese military and Anvil Mining ex employees accused of crimes related to the October 2004 Kilwa massacre |
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15 Oct |
Press Release | Background Brief: Congolese Military Judge Calls for the Prosecution of Former Anvil Mining Staff for Complicity in War Crimes |
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