Congo-Kinshasa: Soldiers in DR Congo Condemned to Death for ‘Fleeing the Enemy’

Twenty-five soldiers with the Democratic Republic of Congo’s army have been sentenced to death on charges of “fleeing the enemy” during battles with notorious Tutsi-led M23 rebels.

A total of 31 defendants, including 27 soldiers and four of their civilian wives, appeared before the Butembo garrison military court in North Kivu province, near the front line, on Wednesday.

Twenty-five soldiers, including two captains, were charged with “fleeing the enemy, dissipating munitions of war and violating orders”.

They were also convicted of theft since they stole goods from shops in a nearby village after abandoning their posts, accoding to an army spokesperson.

The other accused, including four of the soldiers’ wives believed to have received looted goods, were acquitted for lack of evidence.

In March, the government lifted a moratorium on the death penalty, in place since 2003, arguing the need to remove “traitors” from the army. Prior to that, death sentences were systematically commuted to life imprisonment.

A lawyer for the soldiers has said he will appeal the sentence.

Discourage fugitives

A military spokesman in North Kivu welcomed the court’s decision, telling RFI it would discourage other fugitives as the army struggles to repel the advance of M23 (March 23 movement) rebels in the province.

Over the last few days, M23 rebels have captured several towns on the northern front of the conflict, including the strategic town of Kanyabayonga, which is seen as a gateway to the major commercial centres of Butembo and Beni.

More than 150,000 civilians have fled their homes in the past week, according to the UN.

Kinshasa accuses Rwanda of backing the Tutsi-led M23 rebel group, but the government in Kigali denies this.

M23 fighters are said to be well-equipped and disciplined, contrary to the Congolese army whose soldiers complain of poor pay and lack of equipment.

Several civil society groups denounced the military court’s decision, highlighting structural problems within the army.

“It seems that lower-ranking soldiers are being blamed,” said Reagan Miviri from the Congo Resarch Group.

“The fact the army was unable to deal directly with the rebel threat is, we believe, simply because those on the ground were not effective,” he told RFI. “But do they bear full responsibility? Isn’t it more a question of structural problems relating to the soldiers’ equipment and motivation?”