Activist in DR Congo Faces Military Trial

More than three months have passed since plainclothes security officers arrested pro-democracy activist Clovis Kakule Mutsuva on July 18 in North Kivu province in eastern Democratic Republic of Congo. Mutsuva, 32, is awaiting trial before a military court on several charges.

The Allied Democratic Forces, a Ugandan-origin armed group active in eastern Congo, has been carrying out deadly attacks in the North Kivu city of Beni, near the Ugandan border. Mutsuva and other activists used videos and public speeches to call for a city-wide shutdown of public activities.

The shutdown, which was peaceful according to Beni's mayor, occurred on May 14.Nonetheless, two months later Mutsuva was arrested and charged with incitement to disobey the law, criticizing public authority, organizing unauthorized demonstrations, insulting the army, spreading false rumors, and spreading false information on social media. The prosecution has accused Mutsuva of calling on demonstrators to "set fire" to the streets at night in protest of insecurity and to demand that the government protect civilians.

Mutsuva has been outspoken about martial law orders issued under the region's "state of siege" in North Kivu and Ituri provinces since 2021. The state of siege is an exceptional regime introduced by President Félix Tshisekedi to address insecurity and armed group violence in eastern Congo. It grants expanded powers to military authorities and restricts certain fundamental freedoms including by allowing military courts to try civilians.

The African Commission on Human and Peoples' Rights has emphasized that military courts should not have jurisdiction over civilians under any circumstances.

Mutsuva has been in pretrial detention for more than three months, despite serious concerns about his deteriorating health. He was hospitalized on August 11 for nearly two months before being sent back to Kangbayi Central Prison in Beni on October 7.

Mutsava's lawyer said that the Higher Military Prosecutor's Office of North Kivu has rejected requests for his provisional release.

Human Rights Watch has repeatedly called on Congolese authorities to try civilians in civilian courts, including in provinces where martial law is in place. Mutsuva's case should be transferred to a local court, and he should be released on bail pending trial so he can have access to appropriate health care.