Interim Report - Report No 87, 1966

1. 186. The Committee already considered this case during its sessions in June 1964 and November 1965. On both occasions the Committee presented interim reports contained respectively in paragraphs 354 to 367 of its 76th Report and 461 to 473 of its 85th Report. Both of these reports were approved by the Governing Body.
2. 187. The case comprises three series of allegations: one concerning the arrest in 1963 at Butembo of Mr. Raymond Beya, National President of the Union of Congolese Workers; another concerning the arrest in 1964 of Mr. Beya as well as of Mr. Oscar Nkole, Provincia Inspector of the General Union of Trade Union Federations of Congolese Farmers and Workers (U.G.C.S.P.T.C.); the third on the murder by the administrator of the territory of Walikale of Mr. Sylvestre Kalunga, Regional Secretary of U.G.C.S.P.T.C.

Allegations relating to the Arrest in 1963 of Mr. Raymond Beya

1. 188. It was alleged that on 15 October 1963, while he was making a tour of inspection of the local sections of the Union of Congolese Workers, Mr. Raymond Beya, National President of that organisation, was arbitrarily arrested and imprisoned. In its comments the Government stated that Mr. Beya had been sentenced as a result of a decision made in accordance with due course of law on 17 October 1963 by the Butembo Police Court, and stated further that Mr. Beya had been released.
2. 189. When it considered this aspect of the case the Committee, in accordance with its usual practice, requested the Government to send a copy of the sentence. The Government complied with this request in a communication dated 18 November 1965.
3. 190. From the text of the sentence furnished by the Government-a sentence passed at a public trial-it is apparent in the first place that the proceedings were not directed at the Union of Congolese Workers as such, but solely at its representatives by reason of their acts. It would appear from the text of the judgment that several trade union leaders, and Mr. Beya in particular, were found, among other things, to have incited the workers, under threat of reprisals, to rebel against the territorial and communal authorities, and threatened the authorities with death.
4. 191. According to this text the persons concerned, Mr. Beya among them, took part in activities calculated to cause a breach of the peace and used methods exceeding the limits admissible in normal trade union action.
5. 192. In these circumstances the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
6. Allegations respecting the Second Arrest of Mr. Beya and the Arrest of Mr. Nkole
7. 193. It is alleged that Mr. Beya was again arrested in 1964 and that he was kept in prison for several months without being brought to trial. The same allegation was made with respect to Mr. Oscar Nkole, Provincial Inspector of U.G.C.S.P.T.C. In its comments the Government indicated that the proceedings against the persons concerned were taken on the grounds of embezzlement of public funds.
8. 194. With regard to this aspect of the case the Governing Body approved the recommendation made by the Committee at its session in November 1965:
9. (a) to draw the attention of the Government to the importance which the Governing Body has always attached to ensuring that trade unionists arrested for political offences or for offences under ordinary law should be tried within the shortest possible period by an impartial and independent judicial authority;
10. (b) to request the Government to inform the Governing Body as a matter of urgency, having regard to the principle enunciated above, as to the present situation with regard to Mr. Beya and Mr. Nkole;
11. ......................................................................................................................................................
12. 195. The Government has not yet replied to the above request communicated to it on 22 November 1965, and the Committee recommends the Governing Body to repeat the request.
13. Allegations respecting the Murder of Mr. Sylvestre Kalunga
14. 196. In a communication dated 8 August 1965 the Provincial Committee of U.G.C.S.P.T.C alleged that Mr. Sylvestre Kalunga, Regional Secretary of the organisation for the Walikale territory, had been murdered by the administrator of that territory.
15. 197. After considering this aspect of the case at its session in November 1965 the Committee recommended the Governing Body to ask the Government to furnish its observations on these allegations.
16. 198. The Government has not so far complied with this request. The Committee, while appreciating that the remoteness of the area in which the events are alleged to have taken place may have retarded the Government's inquiries, recommends the Governing Body to request the Government to furnish its observations as urgently as possible.