The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Muhindo Nzangi and to the resolution it adopted at its 194th session (March 2014),

Referring also to the letter from the Speaker of the National Assembly of 8 October 2014 and the information provided by the complainants,

Considering that Mr. Nzangi, a member of parliament for the majority, was arrested on 11 August 2013 following comments he made on a radio show where he criticized the government policy; he was charged with jeopardizing state security, insulting the Head of State, and disclosing classified defence information and sentenced, on 13 August 2013, to three years in prison at first and last instance by the Supreme Court only on the charge of jeopardizing State security,

Considering the following allegations by the complainants: Mr. Nzangi’s parliamentary immunity was violated; hisconvictionconstitutes a serious violation of the right to freedom of expression of parliamentarians, Mr. Nzangi having been convicted for having expressed his point of view about the war in the eastern DRC and for having criticized government policy; his trial was not fair, his lawyers not having had the material time to mount a defence (in view of the expedited nature of the flagrante delicto procedure applied in the case) and in the absence of the possibility to appeal,

Bearing in mind that, in the reasoned decision of February 2014, the Supreme Court held as follows: Mr. Nzangi was guilty of jeopardizing State security because he had “deliberately spread rumours about the Head of State’s failure to order the continuation of the war in the east of the country, even though troops from the DRC armed forces at the front were ready to fight the M23”; this was “an inaccurate statement that was of a nature to alarm the people in that part of the country, to worry them and to foment doubt about the strength of the authorities, institutional stability and the public authorities, and that definitely caused unrest in Goma and the neighbouring area”; the “rumours” consisted in Mr. Nzangi’s declaration that “if the Head of State does not give the order to kick the aggressors out, we’ll go the way of Mali, we’ve seen loads of Rwandan bodies, and the people have to attack MONUSCO because it has not performed its duties and obligations; the Head of State isn’t controlled by anyone and whether the army attacks or no longer attacks, he’s the Commander-in-Chief of the army and the army was reorganized after former commanders left for Kinshasa”,

Bearing in mind the recording of the incriminating radio broadcast provided by the complainants, in particular Mr. Nzangi’s wordsduring the broadcast,

Considering that article 153 of the Constitution of the DRC, adopted in 2006, provides that the Court of Cassation shall hear cases involving offences committed by members of the National Assembly and the Senate in first and last instance,

Recalling that the Speaker of the National Assembly indicated in his letter of 19 February 2014 that, in application of the recommendations that emerged from the national consultations held in September 2013, the Parliament of the DRC had adopted, on 11 February 2014, an amnesty law that covered the offences for which Mr. Nzangi had been convicted, and that the complainants had confirmed that Mr. Nzangi was eligible for amnesty, which he had applied for in writing pursuant to the law,

Recalling that during the 130th IPU Assembly (March 2014) the delegation of the DRC indicated that:

• In accordance with the Constitution, and because he had been arrested using the flagrante delicto procedure, Mr. Nzangi had not benefited from parliamentary immunity;

• Even though Mr. Nzangi had been found guilty, he had not been removed from office by the National Assembly, which considered that the case could be resolved by granting Mr. Nzangi amnesty for political offences, and that the Speaker of the National Assembly had pledged to do all in his power to ensure that Mr. Nzangi was granted amnesty,

1. Thanks the Speaker of the National Assembly for the information and for his assistance in promoting a satisfactory settlement;

2. Notes with satisfaction that Mr. Nzangi was granted amnesty and released from prison under the amnesty law adopted by the Parliament of the DRC in February 2014 and has resumed his parliamentary duties;

3. Regrets nevertheless that in sentencing Mr. Nzangi to a prison term for having criticized government policy, even though he did not incite to violence, the Congolese authorities disregarded Mr. Nzangi’s right to freedom of opinion and expression, which is enshrined in article 19 of the International Covenant on Civil and Political Rights, to which the DRC is a party, therefore urges the Congolese authorities to take all appropriate measures to strengthen freedom of expression and prevent similar incidences from repeating in the future, and wishes to be kept informed in this regard;

4. Deplores again that there is no avenue of appeal in the judicial process applying to parliamentarians in the DRC and recalls that the possibility to appeal is one of the principal guarantees of a fair trial; appeals to the Congolese Parliament to create such an avenue of redress so that parliamentarians may enjoy the same full protection of the rights of defence in judicial proceedings as all other citizens of the DRC;

5. Suggests that the IPU, in the context of a technical assistance programme, examine together with the parliamentary authorities, the possibility of allowing them to benefit from its experience to address the underlying concerns reflected in this case;

6. Requests the Secretary General to convey this decision to the parliamentary authorities, the Minister of Justice, the complainants and any third party relevant to the case;

7. Decides to close the case.

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