Groupe de Chercheurs Libres du Graben République Démocratique du Congo Province du Nord Kivu Ville de Butembo

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Rapport sur les massacres de kikyo

Groupe de Chercheurs Libres du Graben

République Démocratique du Congo Province du Nord Kivu

Ville de Butembo

E-

mail

:

gclg2020@yahoo.fr

Tél. +243998605639 ; +243997096023 ; +221774158706

Report on the massacres committed on the Kikyo military camp (in Butembo town), Northern Kivu, Democratic Republic of Congo, on

February 20, 1998 and April 14-17, 1998

April 14, 2009

For English translation,

Guilain MATHE MAGHANIRYO

Fellow of the Scholar Rescue Fund/ Institute of International (SRF/IIE) and Member of the Centre for the Political and Social Research in Black Africa (CEREPSAN). He is an eyewitness to the Kikyo massacres.

(Dakar, April 2009)

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Rapport sur les massacres de Kikyo gclg2020@yahoo.fr 2

Experts of the Groupe de Chercheurs Libres du Graben GCLG.

- Crispin MBINDULE MITONO, Researcher at the G.C.L.G and member of the International Association of the Jewish Friendship (AIAJ.).

- Yotama MBUSA NZANZU, Researcher at the G.C.L.G and Lawyer.

- Gulain MATHE MAGHANIRYO, Researcher at the G.C.L.G and presently fellow of the Scholar Rescue Fund (SRF/IIE) and Visiting Researcher at WARC/ Dakar - Léon KATEMBO TSONGO, Researcher at the G.C.L.G

- Philippe MAKOMERA KASENZERA, Researcher at the G.C.L.G and independent journalist

- KATEMBO MBUSA, Researcher at the G.C.L.G

- Charles KAMBALE TSONGO, Researcher at the G.C.L.G - Jean Paul KAMBALE KITAMBALA, Researcher at the G.C.L.G

- Dimanche KAMBALE RUMALIZA, Researcher at the G.C.L.G and Teacher - NGWESULI WABO, Researcher at the G.C.L.G and Nurse

- KOMBI MUTUWA, Researcher at the G.C.L.G

- Moïse PALUKU MUHAYIRWA, Researcher at the G.C.L.G - Chirac KAKULE MUKOSA, Researcher at the G.C.L.G

- Gaston SINDANI MUSEMAKWELI, Researcher at the G.C.L.G - Pascale KAGHOKYA TSONGO, Researcher at the G.C.L.G

Contacts

E-mail : gclg2020@yahoo.fr

Tél. +243 998605639. +243 997096023.

+221774158706

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INTRODUCTION

The history of the Democratic Republic of Congo, and the Northern Kivu Region especially, is marked out by repetitive violent struggles which have plunged the region into a political and socioeconomical stagnation. This situation is characterized by the antagonisms, the ethnical identitarism, the clientelism, the renewed outbreak of armed militias, and by the slaughters of the quiet population. The advent of the Congo liberation wars on 1996 and 1998 made the Northern Kivu region the heart of the conflicts, bringing about the peak of the violence in the milieu.

We should notice that the time following the taking of the power by Laurent Désiré Kabila on May 1997, his movement named Alliance des Forces Démocratiques pour la Libération du Congo- Zaïre (AFDL) has faced with dissensions and violent oppositions which harmfully attempted the Human Rights.

That is the context of the emergence of the massacres of guiltless civil populations committed by the AFDL soldiers in Butembo on February and April 1998.

The present report is firstly an expression of a memory duty of one among the several “silent massacres” committed in the Eastern Congo-Kinshasa during the war; the concept massacre meaning here the “action to kill savagely and en masse the persons who cannot defend themselves”¹. Concretely, this is to report on the various forms of the slaughters of civil

populations during the said massacres (reaching the burial of persons alive) by the AFDL soldiers after they have been attacked in they camp on Kikyo hill by the Maï-maï militias (who were known that period to be under the leadership of Mister Kakule Matumo Paul).

Before presenting the lists of the victims of the massacres, first we are going to sketch the geographic and historic aspects of the Kikyo military camp (which has become nowadays a prestigious hotel called UHAI which is attempting to conceal the signs of the massacres on the ground); and then the unfolding of the massacres and the identification of the mass graves. This report is the result of a long and delicate job of inquiries held thanks to the methods of free-

observation (most of researchers being the survivors of those massacres) and the focused interview with the eyewitnesses and victims’ families.

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I. GEOGRAPHIC AND HISTORIC SKETCH OF THE KIKYO HILL

The site of Kikyo is a hill located in North-Eastern of the Butembo City (in Bulengera urban Commune) in North-Kivu Province (in the Democratic Republic of Congo). With its 30 ha of area, Kikyo domain shares boundaries with some local agglomerations: bordered at East by Mihake Quarter, at West by Vihya Section, itself in compact with the famous Furu Section; at North by Byasa Section and at South by Kalemire Quarter. The site is quasi-cramped by the National Road number 4 which is the natural boundary between Furu Section and Bulengera Commune.

Firstly, we shall notice that Kikyo hill belonged for a long time to a famous businessman named Paluku Denis as a private property, even during the massacres. This last erected a high standard hotel (Kikyo Hotel) which reached its height during the 80ies. In 1993, Kikyo Hotel was besieged by the troops of the Division Spéciale Présidentielle (DSP), a famous contingent of Maréchal Mobutu Sese Seko. Since, the site of Kikyo has become a military camp under the powerless eyes of the environmental populations.

Offering a good geopolitical position for mastering the security of a large space of Butembo area, Kikyo hill will remain the prestigious camp of the city during the reign of AFDL which chased away Mobutu dictatorial regime in 1997 (period in which Kikyo massacres took place); and during the occupation of the Rassemblement Congolais pour la Démocratie (RCD), supposed to chase the AFDL regime (August 1998- 2003)².

Presently, Kikyo domain has become a private property of the Protestant Church named Communauté Baptiste au Centre de l’Afrique (CBCA) which has substituted the military camp into a Guest House (Centre d’accueil UHAI) which is raising the nostalgia of Kikyo Hotel of old memories.

At the end of our fruitful inquiries realized thanks to the free-observation and the focused interview done by the strategy “à boule de neige” with the victims families especially, the outcomes are developed in the following points.

2 We shall notice that the RCD broke-up into many factions which caused several political mutations in the region. So, Butembo City (and the Kikyo camp consequently) have passed successively under the control of many armed

movements which are the RCD (August 1998- May 1999), the RCD/KIS (May 1999- January 2001), the FLC (January 2001- Jully 2001) and the RCD/KIS-ML (July 2001- 2003).

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II. THE UNFOLDING OF THE KIKYO MASSACRES

Early in the morning on February 20^th, 1998, the military camp of Kikyo was targeted by the Maï- maï militias from the mountains in the vicinity of Butembo City. At about 9 a.m., at the end of the confrontation between the AFDL soldiers (said “Katangais”) and the maï-maï militias; and after these last were withdrawn in their maquis; the AFDL soldiers went to take revenge on the civilian populations of Butembo by killing, raping and looting them, ect. These atrocities towards the civilian were motivated purely by subjective reasons. By the simple reason of having tattoos on the body³, speaking Kinande language⁴ or being outside of one’s house during or just after the confrontation⁵, you were considered as a maï-maï guerilla and by this fact you were killed or raped (being a woman).

The areas which were mostly concerned by those atrocities are the following:

- FURU (Congo ya sika) ; - KALEMIRE ;

- BYASA ; - MATANDA ;

- MUTIRI. (Look at the repertory’s names of the victims in Part IV).

On April 14^th, 1998, the Butembo City (and especially the military camps of Kikyo and ABC⁶) had been targeted again by the maï-maï militias at 4 a.m. After the confrontation, the AFDL soldiers deployed once more in the environmental areas under the pretext of searching the guerillas. The most concerned areas where FURU, KALEMIRE, MIHAKE, MUTSANGA, ect.

3 According to the culture of the people in the milieu, having tattoos on the body is an ordinary fact.

4 Kinande is the mother tongue in the milieu, populated in majority by the Nande tribe to which belong the maï-maï militias.

5 Some people have been taken out of their houses to be killed for having had a look outside through the door or the window. The others have been picked up from their houses by lack of money for the soldiers tip or for having lost

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During four days (that is to say from the 14^th to the 17^th April, 1998), they proceeded by picking up by force men and young boys while the populations were obliged to stay in their houses (during the four days), by telling them that the one who will disobey to this order will be

considered as the guerillas maï-maï⁷. This sequestration was purely a reach to the Human Rights.

Regarding to this fact, many civilians faced a cruel, inhuman and degrading treatment by the AFDL soldiers, by causing then many victims of those atrocities. This is a real reach to the Universal Declaration of the Human Rights of December 10^th, 1948, according to its 5^th article.

In fact, those victims were reached, not only in their own human dignity, in their physical and moral integrity; but also in their life. For apart from those who were killed or buried alive, many others were physically reached and traumatized.

While the populations were still sequestrated into their houses, four military majors had hold the declarations radio-diffused at the Butembo RTNC⁸ Station; in which all the populations were expressly and gratuitously assimilated to the maï-maï guerrillas; and by the fact the enemies (look at the speeches in annex). It was respectively Mister DJIMY (who was that time the Vice Major of Butembo’s city army commandment), Major THIERRY (who was one member of Interior

Ministry delegation which came in official mission at Butembo), the Major of the 104^th battalion based in Lubero Territory and the Major of the Police d’Intervention Rapide (PIR) of Butembo city, known by the name of Valentin NDUMBA ABOGBANA.

Consequently, the radio-diffused declarations held by the military officers mentioned above reveal that the atrocities committed by their troops were intentionally done towards the defenseless populations. According to them, all the populations of Butembo were considered as the enemies because they said, “Since the maï-maï guerrillas raised from your houses (…), consequently everybody who shall be seen outside will be considered as the maï-maï enemy”⁹. These officers pleaded that the runners away maï-maï hid themselves into the guiltless civilians’ houses after committing the crime. This accusation was unjustified for just after the attack of Kikyo and ABC camps, the maï-maïs went to join their maquis at Kasitu which was at about 25 kilometers in the North-eastern from Butembo¹⁰.

7 Look at the different military authorities speeches diffused at the local radio during the crime, speeches put in the present report annex.

8 Radio Télévision Nationale Congolaise / station de Butembo

9 The speech held by the Major Djimy at the RTNC/Butembo Station on April 14th, 1998 at 3.42 p.m.

10 As testified the eyewitness AKA.

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During the four days of the sequestration into their houses, the Butembo populations were deprived of food, water and electricity. This is a real reach to the Human Rights, especially the International Humanitarian Law. The slaughters of civilians which took place especially at Kikyo camp were done in different ways: some persons had been shot; the others lay down and were crashed by militaries cars; whereas the others were buried alive.

These practices are not only the reach of the 5^th article of the Universal Declaration of the Human Rights, but also of its 3^rd article which stipulates: “Tout individu a droit àla vie, à la liberté et à la sûreté de sa personne”. This also reaches the 16^th article of the Democratic Republic of Congo’s constitution of February 18^th, 2006 which disposes “The human being is sacred. The state has the obligation to respect and to protect him. Everybody has the right to life”.

Apart from the slaughters of the civilian populations, there were also sexual violent cases and war facts (such as looting, destruction of ancestors’ heritage, ect).

Concerning sexual violent cases, these ones were committed in different ways: not only the soldiers proceeded to the sexual violence themselves, but also they occasioned by force incest in some families. Some times the father was obliged to have sexual intercourse with his daughter in front of his wife and his children; some times a boy to have sexual intercourse with his mother or his sisters in front of his father, ect. In case of resistance, the soldiers were introducing theirs guns inside the vaginas of women and ladies; and this practice caused the diseases and even the dearth of some of them. Let us follow the testimony of one of the victims, Mister MAK… (who preferred to keep anonymity):

“I was locked in my house with my wife and my three daughters (…). The soldiers came to break the door of my house (…) and got into the bedroom where I was laid down. And they asked my wife to go out of the room and began raping her some minutes after (…). The soldiers obliged me to come and attend to the raping of my wife (…). After, they took me at the neighbor’s house and they obliged me to have sexual intercourse with his wife (…)”¹¹.

Such cases of sexual violence have been lived in many known families, but they did not like their cases be detailed in the present report for moral considerations. Those sexual violence cases have caused serious psychological and moral traumatisms which will be healed difficultly.

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Among those victims, there are also who were reached by bullets but didn’t die. Some of them unfortunately have remained physically and psychically handicapped till now.

After talking about the way massacres had been committed, let us now identify the mass graves in Butembo city.

III. THE MASS GRAVES IDENTIFICATION¹²

We have identified in Butembo city some scattered mass graves related to the massacres of February 20^th 1998 and from April 14^th to 17^th, 1998.

1. The three main mass graves are situated on the Kikyo site ex military camp. One of these graves has been destroyed by the CEBCA while adjusting the UHAI Guest House on the Kikyo site¹³. They have planted the green lawn which is getting rid of mass graves without any consideration to the dead persons.

2. The Kitatumba mass grave, which is situated at the Kitatumba public cemetery.

3. The mass grave situated in the valley between Kikyo hill and Mihake agglomeration.

4. The Byasa mass grave which is beside the Beni road, in Mukalangirwa Quarter, in the present Bwanandeke market.

5. The Kiriva mass grave situated in Mister David’s compound.

6. A grave situated at Vulindi, at the Butuhe axe-road.

7. A grave situated at Byasa section at Kambale’s compound.

12 We have to notice that the mentioned mass graves above are not exhaustive. We just reproduce those which have been identified during our inquiries, without ignoring that the others are out of the reach of the collective knowledge for the degrading of the time. The others graves of the victims killed (in)directly as the result of those attacks and duly buried in the cemeteries by their families are not mentioned here.

13 Testimony of a bricklayer of UHAI center (Guest House).

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Rapport sur les massacres de Kikyo gclg2020@yahoo.fr 9 8. A grave situated at Furu area in Kapito’s compound.

We have to notice that we have not been able to identify all the (mass) graves related to the Kikyo massacres for their presumed authors and co-authors and as well the intellectual authors are making their effort to hide the traces of those massacres.

IV. IDENTIFICATION OF THE VICTIMS

Let us present the victims of the Kikyo massacres by stratification. Whereas some of them lost the life (IV.1), the others have remained physically and/or psychically handicapped (IV.2).

However, there were also the sexual violence cases which will not be detailed here for the reasons mentioned above.

Section 1: Synoptic Table of the killed victims during the Kikyo massacres

During the massacres, all the Butembo areas had been targeted near or far. However, there were some milieus which were reached more than the others, such as the sectors of BYASA, FURU, KALEMIRE, MUTIRI, MATANDA and the Commercial Center.

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Rapport sur les massacres de Kikyo 10 1.1. The Byasa Section

N° NOM & POST-NOM SEXE Date de naissance FONCTION ETAT CIVIL Adresse de la victime

01 KASEREKA NGWESULI Adalbert M 1964 farmer Marié, Père de 4 enfants Cel. BYASA, n°18, commune VULAMBA

02 KAVIRA KIGHOMA Anastasie F 1947 farmer Mariée, mère de 9 enfants Cel BYASA, n°17, commune VULAMBA

03 KASEREKA BWAMBALE M 1979 Elève Célibataire Cel. BYASA, n°1, commune

VULAMBA

04 KALAU KATAVALI M 1968 farmer Célibataire Cel. BYASA, commune

VULAMBA

05 KOME M 1950 farmer Marié, père de 5 enfants Cel. BYASA, n°122, commune VULAMBA

06 KAKULE KAMBULA M 1961 farmer Marié, père de 2 enfants Cellule Byasa, sans N°

07 PALUKU KABAYA M 1970 farmer Célibataire Cellule Byasa, sans N°

08 KATSUVA M 1954 farmer Marié, père de 3 enfants Cellule Kangothe sans N°

09 KATEMBO KYOTA M 1973 Commerçant Fiancé, préparant son mariage une semaine avant sa mort

Cel. VULINDI, n°..., Commune VULAMBA

10 MASIKA MAYI YA RWINDI F 1969 Ménagère Mariée, mère de 3 enfants Cel. KIRIVA, sans n°, Commune VULAMBA

11 KASAI M 1965 Chauffeur Marié à MAYI YA RWINDI,

père de 3 enfants

Cel. KIRIVA, sans n°, Commune VULAMBA

12 KAMBALE KAPARAY M 1976 Cuisinier Célibataire Cel. KIRIVA, sans n°, Commune VULAMBA

1.2. The Furu Sector

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Rapport sur les massacres de Kikyo 11

N° NOM & POST-NOM SEXE Date de naissance FONCTION ETAT CIVIL Adresse de la victime

01 KAMBALE MULUME Hubert M 1955 Commerçant Marié, père de 10 enfants Cel. FURU, n°201, Commune VULAMBA

02 KAKULE MULUME Ephrem M 1961 Commerçant Marié, père de 3 enfants Cel. FURU, n°201, Commune VULAMBA

03 MUMBERE KITAMBALA Jaribu M 1979 Elève Célibataire Cel. FURU, n°201, Commune VULAMBA

04 KAYANGE MUSANGA Alphonse M 1955 Enseignant/ E.P

MASOY Marié, père de 7 enfants Cel. FURU, n° 67, Commune VULAMBA

05 KASEREKA THEODORE M 1958 Sans emploi Célibataire Cel. FURU, n° 199, Commune VULAMBA

06 PALUKU KASIMANGALA Selume M 1975 Sentinelle Célibataire Cel. FURU, n° 62, Commune VULAMBA

07 KATUNGU ANASTASIE F 1948 farmer Mariée, mère de 5

enfants

Cel. FURU, n° 62, Commune VULAMBA

08 FLEUVE KAMBALE TSONGO M 1969 Réparateur

vélos Marié, père de 3 enfants Cel. BRAZZA, n° 65, Commune BULENGERA

09 KATSUVA MATHE Pamphile M 1930 farmer Marié, père de 8 enfants Cel. VIHYA, n° 430, Commune BULENGERA

10 KANGWESE M 1938 Sentinelle Célibataire Rue Président de la République, n°

A 28, Commune BULENGERA 11 MBUSA MBOROYA PASCOU M 1981 Elève Célibataire Cel. VIHYA, n° 28, Commune

BULENGERA

12 KASEREKA LEADER M 1971 Boulanger Célibataire Cel. MUHAYIRWA n° 79 Commune BULENGERA

13 KAKULE M 1973 farmer Célibataire Cel. MUHAYIRWA n° 79

Commune BULENGERA

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N° NOM & POST-NOM SEXE Date de naissance FONCTION ETAT CIVIL Adresse de la victime

14 KAMBALE KISANGANI Musike M 1929 sans Marié, père de 9 enfants Cel. MBOGHA, n° .... Commune VULAMBA

15 KAMBALE TELEMUKA M 1986 Ecolier Célibataire Cel. MBOGHA, n° 15 Commune VULAMBA

16 KASEREKA ETHIENNE M 1973 farmer Marié, père de 2 enfants Cel. MUSINGIRI, n° 61, Commune VULAMBA

17 MASTAKI BAYALA Baudouin M 1908 sans Marié, père de 9 enfants Cel. MUSINGIRI, n° 5, Commune VULAMBA

18 PALUKU MAKUTA Claude M 1972 farmer Célibataire Cel. MULUNGULU, n° 35 Commune VULAMBA

19 KATEMBO VANZWA M 1977 Elève Célibataire Cel. FURU, n° , Commune

VULAMBA

20 GEORGE KAHONGYA M 1973 Lavadeur Celibataire Cel. MGL n° 43 Commune VULAMBA

21 KAVIRA LAELE F 1932 farmer Mariée Cel. Mbogha n° 02 Commune

VULAMBA

1.3. The Kalemire Sector

N° NOM & POST-NOM SEXE Date de naissance FONCTION ETAT CIVIL Adresse de la victime

01 KATEMBO KALIHI M 1981 Elève Célibataire Cel. HANGI B, n° 57, Commune BULENGERA 02 MASHAURI MATESO M 1938 Commerçant Marié, père de

5 enfants Cel. HANGI B, n° 59, Commune BULENGERA 03 KANYAMWIRI EMMANUEL M 1942 Chauffeur Marié, père de

7 enfants Cel. HANGI B, n° 60, Commune BULENGERA 04 KAMBALE KISTALI M 1978 Elève Célibataire Cel. HANGI B, n° 02, Commune BULENGERA

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05 KENDA KENDA M 1978 Elève Célibataire Cel. HANGI B, n° 57, Commune BULENGERA

06 KAMBALE DIFO M 1958 farmer Marié Cel. HANGI B, n° 56, Commune BULENGERA

07 KAMBALE BAHATI M 1978 farmer Célibataire Cel. KANYAMATWIRI, n°117 Commune BULENGERA

08 KAMBALE KAVANGA Jean-Marie M 1968 Chauffe Marié Cel. HANGI B, n° 39, Commune BULENGERA 09 KASEREKA M 1975 Commerçant Célibataire Cel. HANGI B, n° 39, Commune BULENGERA 10 KATEMBO BENITO M 1978 Elève Célibataire Cel. HANGI B, n° 39, Commune BULENGERA 11 KAMBALE TUMBURA Bernard M 1948 Cantonnier Marié Cel. HANGI B, n° 38, Commune BULENGERA 12 WILLY KASEREKA KASONGYA M 1946 Sentinelle Marié, père de

5 enfants Cel. MUHINDO, n° 119, Commune BULENGERA 13 KASEREKA JEAN M 1982 Elève Célibataire Cel. LYAMBO, n° 111, Commune BULENGERA

14 KAMBALE GODE M 1966 Commerçant de

poissons Célibataire Cel. HANGI B, n° 116, Commune BULENGERA

15 CHARLES M 1949

Fonctionnaire aux Ets NGESERA

Marié Cel. LYAMBO, n° 100, Commune BULENGERA

16 PALUKU KIBUBU M 1980 sans Célibataire Cel. LYAMBO, n° 128, Commune BULENGERA

17 MBUSA SHAHIMBA M 1978 Presseur de

briques

Marié, père d’1

enfant Cel. MIHAKE, n° 128, Commune BULENGERA 18 MBUSA KASIMBIRI KAKINE M 1965 Exploitants des

pierres

Marié, père de

2 enfants Cel. MIHAKE, sans n°, Commune BULENGERA

19 KAVUNGA PALUKU M 1943 Chef de cellule

LYAMBO Marié Cel. LYAMBO, n° 117, Commune BULENGERA 20 PALUKU JEAN-BAPTISTE Palos M 1968 Couturier Marié et père

de 2 enfants

Q. Kalemire, Cel. MAKERERE n° 109, Com.

BULENGERA

21 KASEREKA SAANANE Roger M 1981 Elève Célibataire Cel. MUHINDO, n° 135, Commune BULENGERA

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22 KAMBALE SAANANE Aimé M 1978 Commerçant Célibataire Cel. MUHINDO, n° 135, Commune BULENGERA 23 KASEREKA MWENDAPOLE M 1958 Commerçant Marié Cel. BASHU, n° 45 Commune BULENGERA 24 PALUKU SYATAHIRE M 1965 Couturier Marié Cel. MUHINDO, n° 85, Commune BELENGERA 25 MUMBERE NDIVITO M 1982 Elève Célibataire Cel. HANGI A, n° 07, Commune BULENGERA 26 KAMBALE MUGHENI M 1980 farmer Célibataire Cel. HANGI A, n° 07, Commune BULENGERA

1.4. The Mutiri Sector

N° NOM & POST-NOM SEXE Date de naissance FONCTION ETAT CIVIL Adresse de la victime 01 KAVIRA VAGHENI Charlotte F 1956 Vendeuse de pains Mariée et mère de 6

enfants

Cel. MUTIRI, n° 2, Commune BULENGERA

02 KATSERETSE AMSCHAIRE

MULEKO SAIDI MUHINDO M 1968 Commerçant Marié Cel. KIMEMI, n° 52, Commune BULENGERA

03 JEAN-LOUIS KAHINDO M 1958 farmer Marié Cel. MAHALA, n° 108, Commune

BULENGERA

04 KAMBALE LUVULA M 1975 Menuisier Marié Cel. LONDO, Commune BULENGERA

05 JEAN-PIERRE M 1949 Sentinelle Marié Cel. VATOLYA, Commune

BULENGERA

1.5. The Matanda Sector

N° NOM & POST-NOM SEXE Date de naissance FONCTION ETAT CIVIL Adresse de la victime

01 KASEREKA KANGWA Herment M 1967 farmer Célibataire Cel. VUSENGA, n° 22, Commune MUSUSA 02 ANDRE KAKULE KASONIA M 1974 Joueur de

Foot-ball - Célibataire Cel. MATANDA, n° 46, Commune MUSUSA

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N° NOM & POST-NOM SEXE Date de naissance FONCTION ETAT CIVIL Adresse de la victime élève

03 KASEREKA BERTRAN VIRENGA M 1963 farmer Célibataire Cel. VUNGI B, n° 36, Commune MUSUSA 04 KASEREKA KIGHUNDA M 1979 farmer Célibataire Cel. NDONGA, n° 85, Commune MUSUSA

05 KAMBALE MUGHANDA M 1953 Agent de

l’Etat Marié Cel. KALEMERE, n° ..., Commune MUSUSA 06 PALUKU MATABISHI Joseph M 1974 Cultivateur Célibataire Q. MATANDA

07 MUHINDO MATIKISO Evariste M 1969 Gérant d’une boutique

Marié, père d’1 enfant

Q. KITULU, Boulevard Mwalimu, n° 11, Com Mususa

08 KASEREKA KAMAVU M 1970 Elève Célibataire Cel. VUNGI B, Rue Kinshasa, n° 21, Commune MUSUSA

09 KAMBALE KAMAVU M 1980 Elève Célibataire Cel. VUNGI B, Rue Kinshasa, n° 21, Commune MUSUSA

10 MBUSA SYALUHA M 1982 Elève Célibataire Cel. VUNGI A, n° 28, Commune MUSUSA 11 PALUKU MURARA M 1977 Mécanicien Marié Cel. VUNGI B, Rue Kinshasa, n° 26, Commune

MUSUSA 12 KAKULE SIVULYAMWENGE

Médard M 1972 Vendeur Marié, père de 3

enfants

Cel. VUNGI B, Rue Kinshasa, n° 18, Commune MUSUSA

13 KAMBALE MUYISA Cléophas M 1969 Manutentionn

aire Célibataire Q. MATANDA, Rue Kinshasa, n° 18, Commune MUSUSA

14 MUHINDO KAMAVU M 1968 Chauffeur Marié Cel. VUNGI B, n° 21, Commune MUSUSA 15 MBUSA FAUSTIN M 1970 Chauffer Célibataire Cel. VUNGI B, n° 22, Commune MUSUSA 16 MUHINDO MURAFULI Léonard M 1969 farmer Marié Q. MATANDA, n° 43

17 KASEREKA MALYAMKONO M 1979 Elève Célibataire Cel. MAHERO, n° 15, Commune MUSUSA 18 KATEMBO HERMACLE M 1978 Elève Célibataire Cel. MAHERO, n° 15, Commune MUSUSA 19 ROCKY M 1977 Garagiste Célibataire Cel. MAHERO, n° ..., Commune MUSUSA 20 KAMBALE VAGHENI M 1979 Ambulant Célibataire Cel. MAHERO, n°..., Commune MUSUSA

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N° NOM & POST-NOM SEXE Date de naissance FONCTION ETAT CIVIL Adresse de la victime

21 KATEMBO KAKULE M 1980 Elève Célibataire Cel. MAHERO, n° 15, Commune MUSUSA

22 KASEREKA KALIMA M 1978 Vendeur/

Magasin Célibataire Cel. MAHERO, n° ..., Commune MUSUSA

Let us underline that most of the killed victims in Matanda sector were the pupils picked up from their houses after having shown their pupils cards, but in vain. However, the others were adults, such as the carpenter picked up from his house under the pretext that he is going to help the soldiers making coffins for the burial of the military officers killed by the maï-maï guerrillas during the attack. Unfortunately after helping them, this one was awfully killed at Kikyo and buried in a mass grave at the same place.

1.6. The Commercial Center Sector

N° NOM & POST-NOM SEXE Date de naissance FONCTION ETAT CIVIL Adresse de la victime

01 KAKULE MASIKI M 1969 farmer Marié Abattu au Q. FATUMA

02 KAMBALE MBUNDU M 1967 Chauffeur de l’UCG Marié Avenue KYOMBWE, n° 6

03 KAMBALE AUGUSTIN M 1981 Elève/Kambali Célibataire

We have to notice that apart from the persons killed during the massacres, the others have remained physically handicapped until now.

Section 2: The victims physically and psychically handicapped trough the Kikyo massacres

N° NOM & POST-NOM SEXE Date de naissance FONCTION ETAT CIVIL Adresse de la victime

01 KAKULE MBUSA Bernard M 1977 Commerçant Marié, père de 4 Cel. FURU n° 173, commune VULAMBA

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N° NOM & POST-NOM SEXE Date de naissance FONCTION ETAT CIVIL Adresse de la victime enfants

02 KAMBALE MBUSA Bienvenu M 1969 Commerçant Marié, père de 6

enfants Cel. VIHYA n° 01, commune BULENGERA 03 KAKULE MATHE Babize M 1974 Meunier Marié, père d’un

enfant Cel. FURU n° 42, Commune VULAMBA 04 ANUARITE NZAVAKE F 1982 Etudiante Célibataire Cel. Kimemi, n° 52, commune BULENGERA 05 MBUSA KALEMIRE Arnold M 1967 Sans emploi Célibataire Cel. VIHYA, n° 174, commune BULEGERA 06 KATEMBO KALEMIRE Frederik M 1965 Sans emploi Célibataire Cel. VIHYA, n° 174, commune BULENGERA 07 KACHINDO KALUS M 1970 Sans emploi Célibataire Cel. VIHYA, n° 174, commune BULENGERA

We have to notice that the above Table does not mention all the cases of the handicapped persons, but we have just revealed some cases we have able to collect.

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CONCLUSION

Definitely, as well as we have demonstrated, Butembo City had been attempted by awful crimes in February and April 1998, which can be qualified without biting about the bush as

“massacres”. Those ones have been committed especially on Kikyo hill by the soldiers of the

“Alliance des Forces Démocratiques pour la Libération” (AFDL), where they had their military camp. Many people died without knowing the reason why they were killed.

Most of the victims were submitted to awful dearth, others were buried alive. Women have been raped in front of their families, others persons had remained physically and psychically handicapped. Even if there are people who do not want to hear that, this is simply what we call “the war crimes and the crimes against the Humanity”.

We notice that these massacres had plunged many families in socioeconomical stagnation.

Some of the survivors of those massacres have abandoned the studies and live miserably because they lost their social supporters. The others also have become the guerrillas or boys of street because they hate the life or they no longer have anyone to support them. Then, some of them have become widowers and orphans without any humanitarian assistance.

What is serious, since these atrocities have been committed, no national and international inquiries’ commission has been deployed so that the authors of those crimes of Kikyo may be taken to the independent court.

That is why the committee of the survivors of the Kikyo massacres together with the Free Graben Researchers Group (FGRG) are wondering when the authors of these massacres will be taken to the court. In fact, these crimes against humanity are in contrast with the clauses of the Convention of Geneva of August 12^th, 1949 which consecrate the protection of civilian populations against the hostility effects¹⁴.

Regarding the impunity which characterizes presently the DRC political system, we

recommend the creation of International Penal Court for Congo (TPIC). However we consider the DRC State as civilly responsible of those massacres according to the 260^th article of the

14 CICR, The summary of the conventions of Geneva of August 12th, 1949 and their additional protocols, Swiss (SD), p.17

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civil code of the DRC, Book III, which disposes: “One is responsible not only for the damage caused by his own fact, but also for which are caused by the fact of persons for whom one has to respond oneself (…)”.

We have to notice that all the times the survivors committee of the Kikyo massacres has tried to commemorate those massacres, they face the threats, not only from the administrative and military authorities of Butembo city, but also from the religious authorities of the

Communauté Baptiste au Centre de l’Afrique (CBCA) to whom belongs presently the Kikyo site.

Presently, each time the victims’ families try to reach the mass graves at Kikyo hill, they are forbidden by those authorities who deploy the policemen around the plot. This behavior of authorities reveals that they make their efforts to conceal the traces of those massacres.

Considering that the Rome Statute came into force on July 1^st, 2002, after many crimes have been committed in DRC, the International Penal Court is only competent for the war crimes, genocide and crimes against humanity committed after that date. That is the economy of its 11^th article, al 1, which is a consequence of the law non retroactivity principle relative to the 24^th article of the said Statute.

According to that, we highly recommend the DRC State to promote others efficient legal mechanisms to judge those criminals before and after the date of July 2002.

To conclude, the Free Graben Researchers Group (GCLG) comes next to the United Nations’

Security Council to require a resolution instituting an International Penal Court for the Congo (IPCC); for the crimes and others atrocities committed at Kikyo (and throughout the country) are imprescriptibly crimes and the authors should not be unpunished.

That is why we join the citation of Roberto GARRETON, the ex Special Report man of Human Rights in Africa Great Lakes which stipulates: “The present history has taught that (…) anyone, especially those who belong to the ‘powerful caste’ will not be out of the obligation of responding one day in front of the court for the crimes they committed or silent partnered. That will take time, but this moment will arrive. That is true and irreparable”¹⁵.

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RECOMMENDATIONS

1. May the United Nations’ Security Council invest so that the independent inquiries on the Kikyo massacres may be diligent to clarify the truth on these massacres.

2. May the Congo government and the United Nations organize the digging up of the relics which are laid in the Kikyo mass graves (since this site has become a private property) so that these relics be buried with honor in a public site where the victims families can freely reach.

3. May a truth and Reconciliation Commission be established with the aim to identify clearly the culprits and the victims of the Kikyo massacres.

4. May the United Nations and the Congo government make the effort so that the survivors be protected from the threats of those presumed culprits of the Kikyo massacres.

5. May it be created an International Penal Court for the Congo (IPCC) in order to dissuade the criminality which rages in DRC.

6. May the Congolese government officially recognize the date of April 14^th as a commemorative day of the Kikyo massacres.

7. May the Congolese government and the United Nations prevent urgently the Butembo representation of the “Communauté Baptiste au Centre de l’Afrique” from destroying the Kikyo mass graves.

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ANNEX 1

Radio-diffused speeches of Butembo city military commandment (April 14^th and 15^th 1998) during the massacres of Kikyo in Butembo

(Reproduced in extenso).

First episode

All the population of Butembo must stay in the houses. No one has to go out. The one who goes out will be considered as an enemy. For you hide enemies. They are your children, you hide them in your houses. We have started arresting some of them who hide themselves in the houses.

At the time of speaking, open your eyes and your ears. I say this: the one who goes out this night when the soldiers are deployed in the whole city will be shot and will be considered as an enemy.

And everyone of Furu side, down there, on the road which leads to Beni. All these people saw the enemy but didn’t inform the soldiers of the enemies’ incursion. I say this to you. Today is the end! Today is the end! And if it’s the end you will know it. You take your children in your farms where they organize themselves with the support of the socio-economic operators!

Now I say this to you. The one who goes out this night, tomorrow, the day after tomorrow will be considered as an enemy. For you are killing my soldiers! You are killing my soldiers!

And you run away in your houses! I say this; whoever goes out is an enemy. Because the enemies are in the houses of the civilian populations. You are the ones who hide them.

You, the chiefs of areas, the chiefs of localities… there are plenty persons who hide those maï-maï , their sons. That is to say that when you refuse to inform us (AFDL army) on the arrival of the maï-maï guerrillas, you will have a serious problem in Butembo. And Butembo will be transformed as a Battle field.

I said it a long time ago. On February 20^th, (1998) you killed my soldiers; you massacred my

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You are all enemies! The one who will be found in the town when the soldiers lead patrols will be considered as enemy.

Stay in your houses and don’t go out until the time I will allow you to go out. When I am back to the radio, you will listen to my voice, and I will tell you to go out. But the one who will go out today, tomorrow or after tomorrow, will be an enemy.

You have understood all of you who are listening to the radio. Thanks.

(Major Djimy)

Second episode

I, I have come and I met things like that. But I would like to say in few words what has said the Major Djimy. That is to say, let’s the soldiers do their duty. You will even see several patrol teams. It will take all the night. It isn’t good to go outside if you are in your house.

That is to say if you go out, you will be considered as an enemy. It is better for you to stay in your house, waiting for until the permission will be given. Then you will go out and do your daily jobs. That is what I would like briefly to inform you. Thanks.

(The Major of 104^th battalion of Lubero Territory, April 1998).

Third episode

I, I am the major Thierry. I belong to the Interior Ministry delegation which secures all the population. But related to the problem that you are facing now, it shows that Butembo populations have serious problems, because the enemy (maï-maï) has not come from mountains, but from your houses. That’s why we ask you to stay in your houses. When militaries finish their duty, they will ask you to go out. The one who will go out of his house or will be walking in the avenues it’s he who will be killed. It’s he who will be considered as enemy.

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Every civilian who will go out is an enemy. And that is why we ask you to stay in your houses this night. Perhaps tomorrow, we will pass on the radio to inform you about the schedule we will decide, whether you will go out or not as long as our work is not finished.

Thanks.

(Major Trierry)

Fourth episode

I would like to inform all Butembo’s populations. The decision that we took yesterday (14^th April 1998) remains the same. Everyone stays in his house so that we can do our duty, secure and reestablish peace in Butembo.

But by considering all the events that happened yesterday, really we are very angry. As I have informed all the population that we got anger since the events that happened yesterday, we haven’t seen even one officer of the police on the ground or in the chasing of the enemy (maï- maï). That is why now, at this moment, we decide to destitute all the authorities of the place.

Really, they are off from their functions. Now we place the one from the Kinshasa Police Intervention who is the one from the delegation. We place him at the head of the Congolese National Police in Butembo. He is named Major Valentin NDUMBA ABOGBANA. The one who comes after him, it’s his Vice Major Stani NDUJI MUDAGU. They will assure the commandment of the police until a new order, as we are still in operation (…). Our duty is to secure the populations and their properties (…).

We have realized that the maï-maï who came and died wore all of them the talismans on their body. Nothing else. That is why from now on, we forbid the function of the faith-healers and witchcraft-men. Witchcraft is forbidden. The one that we will catch claiming to be a faith- healer, truly we will not equivocate and we will really kill him. He also has to die as all that he sacrifices.

We also forbid night prayers for they are dangerous. People hide themselves in those night- prayers to hold meeting for destabilizing the present power. That is why we forbid those night prayers until the new order. If the weather will be fine tomorrow, we will allow people to go

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We said that if there are hotels in Butembo, these ones are reserved t visitors. These hotels are exclusively reserved to visitors. If you have a house in Butembo, don’t go to the hotel.

Everyone has to sleep at his house. The one who will be found at the hotel will be considered as someone setting for a plan. He left his house for that purpose.

Moreover, all the young girls and boys who are not 18 years old are not allowed entering into the hotels or night clubs. The one who will be found in the hotel or the night club will be considered as an enemy.

If security is reestablished, from now on we forbid five persons or more to walk together. If you are more than three persons, you are suspect and you are susceptible to be arrested (…).

We add that we forbid your meeting called KYAGHANDA (that is to say the ethnic mutual during which great decisions are taken concerning the Nande tribe community). We don’t see its importance because it’s there where enemies gather together in order to destabilize the government and kill persons. Now on, the KYAGHANDA is forbidden.

For we wish a good comprehension to all the population. Respect and practice this order. We ask to the journalists here to diffuse this message all the time so that everybody be informed.

Noone has to pretend not being informed.

(The diffused message of the Butembo’s major commandment, April 15^th, 2008)

ANNEX 2

Some survivors’ testimonies of Kikyo massacres

First witness

(…) What I have seen, I also have been arrested during the slaughters (14^th – 17^th April 1998).

We have been informed by the radio that we could go out of our houses. I decided to go and buy food for my parents. When I arrived at the cross road leading to the Kikyo military camp, I met soldiers who have already arrested about thirty persons with their bikes. They obliged

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me to follow them. We climbed up the ABC hill slowly till the Kikyo camp. We found there plenty corpses. Many corpses laid down. Some of them were covered by the plastic sheets.

The others were not completely dead (some of them were breathing). Some of them had the hands cut or legs cut, and so on and so forth. The soldiers ordered us to bury those corpses, even those who were still alive. We realized that there was only one spade and one hoe. I told them that with only the two tools we are not going to finish burying the corpses earlier. I told them that if they accept I have many tools at mine (picks and spades) and if we went to take them at my place at MGL quarter. They allowed and they took me in a white Corolla car till my place. I gave them the picks and spades and then I begged them to let me free. They refused first and then they accepted. Regarding what I have given them, they let me go and they went (…).

Second witness

(…) I was at mine and there was the crackling of bullets. There was no way to go out. I went to my neighbor Kapito’s house. We met there with a teacher named MUSANGA, who was killed at the place.

As far as I am concerned, I was shot by the soldiers and the bullets reached my arm. I was led to the hospital and I had my arm cut. I recovered by luck. As far as the teacher is concerned, he was buried in Kapito’s compound.

They met us into the house and required us to give them money, each of us one hundred dollars us so that they can let us free. The neighbor at whom we were went directly to ask for money to the neighbor living net to his house. And he came back with twenty dollars. So the soldiers tied up our hands on shot us.

It was a group of seven soldiers. They didn’t explain to us our sin. They were calling us the rebels’ brothers. I remember, it was on April 17^th, 1998. Firstly, I tried to manage myself before meeting some persons with a good will who helped me reach Kitatumba hospital (…).

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While doing our work, under the full crackling of bullets, our car ran out of the petrol at the ABC crossroad. We kept on going on foots. At some meters, we saw four corpses laid down.

Not far from there, there was a septic pit in which we decided to bury those dead persons.

They were especially civilian persons.

Therefore, we have seen atrocious things. For instance, inhuman torture. I remember, we took a risk by pleading for the cause of some victims. Our unique luck was that we were Red Cross agents. We had seen many persons perishing by lack of money to pay to the soldiers (…).

We spent four days burying corpses at Kitatumba cemetery, at Kikyo camp and in the

compounds where copses were found. During those days, the populations were obliged to stay inside their houses.

When people were allowed to go out, we kept on looking for others victims around for about five days (…). Many persons died of stab and bullets. Truly, persons were buried alive by the soldiers. Those soldiers picked them up from their houses and proceeded to those awful actions.

Fourth witness

It was 10 a.m. while being inside the house. One of my neighbors who traveled was back, but we didn’t know. We heard the crackling of a bullet just beside the compound. I thought about the killing of a person. In fact, my neighbor was killed. After killing my neighbor, they (the soldiers) came at my house. They obliged me to open the door by saying in lingala language:

“kangola!”, that is to say “open the door”. They got into my house and they said that they will kill also my husband. They took him out by pointing they guns on his forehead, dagger on the throat.

I don’t know by what miracle we were saved. At the same moment, a message from the radio allowed people to go out. And we took a profit of that occasion to run away through our neighbor’s compound, where we saw many flees around his house (…).

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Rapport sur les massacres de Kikyo 27 Fifth witness

The toilet being outside, Theodore KALIMUMBALO went outside for easing himself.

Unfortunately, the soldiers saw him. They took him with them. And we didn’t know what happened after. When we were allowed to go outside, we found his clothes thrown in the kitchen. So, we concluded that our brother has been killed as the others. He was born in 1957 (…).

Sixth witness

Our father asked us to run away as the confrontations were increasing gradually. We went outside and we took the way. Our father stayed a bit in order to close carefully the house.

While living, he arrived at our neighbor’s compound. This last asked him to enter into his house as the moment were becoming dangerous.

The soldiers came in that compound and obliged all that were in that house to go outside. Our father was among those people. He showed them his card by saying that he was a teacher.

Unfortunately, the soldiers tore his identity card and they shot him after taking off his shirt.

He is buried there, at the place of the crime. Our elder brother came mith his shirt and informed us what happened to our father.

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ANNEX 3

Some pictures of the victims assassinated

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Time table

Introduction ...Erreur ! Signet non défini.

I. GEOGRAPHIC AND HISTORIC SKETCH OF THE KIKYO HILL ... Erreur ! Signet non défini.

II. THE UNFOLDING OF THE KIKYO MASSACRES ...Erreur ! Signet non défini.

III. THE MASS GRAVES IDENTIFICATION ... 5 IV. IDENTIFICATION OF THE VICTIMS ...Erreur ! Signet non défini.

Section.1. Synoptic Table of the killed victims during the Kikyo massacres... Erreur ! Signet non défini.

IV.1.1. The BYASA sector ...Erreur ! Signet non défini.

III.1.2. The FURU sector ...Erreur ! Signet non défini.

III.1.3. The KALEMIRE sector ...Erreur ! Signet non défini.

III.1.4. The MUTIRI sector ...Erreur ! Signet non défini.

III.1.5. The MATANDA sector ...Erreur ! Signet non défini.

III.1.6. The centre Commercial sector ...Erreur ! Signet non défini.

III.2. The victims physically and psychically handicapped trough the Kikyo massacres ...Erreur ! Signet non défini.

CONCLUSION... 18 RECOMMANDATIONS ...Erreur ! Signet non défini.

Annex 1 ... 21 Radio-diffused speeches of Butembo city military commandment (April 14^th and 15^th 1998) during the massacres of Kikyo in Butembo

... 21 Annex 2 Some survivors’ testimonies of Kikyo massacres

... 24 Annex 3. Some pictures of killed victims ... 28 Time table ... 32