PRESS RELEASE: British National sentenced to death in DRC

Today, a military court in the Democratic Republic of the Congo (DRC) sentenced a British National to death, Mr Youssouf Ezangi. This decision has raised serious concerns that the DRC has violated international law, as the country reinstates its use of the death penalty after a 20-year hiatus.

Prosecutors in the DRC sought the death penalty for a group of approximately 50 individuals who were alleged to have attacked the Palais de la Nation, containing the Presidential offices, and the residence of the then-Economy Minister Vital Kamerhe on 19 May 2024. Two police officers, four militants and one civilian were killed. The attack was orchestrated by Christian Malanga, a Congolese national who had become a naturalized American, had founded a US-registered party, the United Congolese Party, in 2010 and referred to himself as the “president” of the New Zaire Government in Exile. Malanga died during the attack.

In a trial of 51 defendants, 37 were today sentenced to death by the military court, sitting at N’dolo prison in Kinshasa. As well as Mr Ezangi, who is a British citizen, the group included citizens of the United States of America, Canada and Belgium. The plight of Mr Ezangi and the other defendants is a cause for serious concern to human rights bodies.

The execution of those sentenced to death in the DRC is currently a real possibility. The DRC is an outlier in the region in its attitude to capital punishment, having lifted a 20-year moratorium on the death penalty in March 2024, when the DRC’s Minister of Justice notified the judiciary of the government’s decision to resume executions. This decision is at odds with progress on the death penalty in Africa. In a region where countries are moving away from capital punishment, this decision undermines the progress made on the continent to human rights issues.

Only two of the 55 countries of the African Union carried out executions in 2023 and 47 countries in Africa are now abolitionist in law or practice. By indicating an intention to resume executions, the authorities of the DRC have undermined significant regional progress on capital punishment.

The Trial

During the trial the defendants argued that they were coerced by Mr Malanga into participating in the attack. Several defendants gave evidence that Mr Malanga shot and killed some of those involved, when they raised concerns. The court heard evidence that they feared reprisals from Mr Malanga and were not willing participants in the events of 19 May.

Human rights organisations, including The Death Penalty Project, a UK-based NGO who are currently providing legal assistance to Mr Ezangi, have raised concerns about the fairness of the proceedings before the military tribunal. Both international law and the DRC’s Constitution do not allow civilians to be tried by military tribunals in cases carrying a death sentence. Mr Ezangi is not and has never been a member of the military and should not have been tried under the military jurisdiction. The right to be tried before a properly constituted court is fundamental in international law.

Some of the offences for which the defendants were tried carry a mandatory death sentence. This sentence, which has been condemned by international human rights bodies, such as the UN Human Rights Committee, means that the court cannot take into account the individual circumstances of a defendant. The mandatory death penalty removes the opportunity for judicial discretion and prevents judges considering mitigating circumstances.

The conduct of the trial is of serious concern. The judges hearing the case appear to have heard less than 30 days of evidence and submissions, before handing down 37 death sentences, with lawyers representing the accused being placed under pressure by judges to bring the trial to a quick conclusion. Despite a promise of legal aid from the State, Mr Ezangi’s legal team were not paid, hampering efforts to adequately prepare for the case. Even so, during the trial, Mr Ezangi’s lawyers raised allegations that he had been tortured before confessing, an allegation which the judges dismissed.

Commenting on the case, Saul Lehrfreund, Co-Executive Director at The Death Penalty Project, said:

“The manner in which the trial against Mr Ezangi and his co-defendants was conducted was highly unsatisfactory. The allegations made by the prosecution were incredibly serious and all defendants were entitled to the protection of the law and due process.

Unfortunately, in this case, the court felt it appropriate to try the defendants as if they were members of the armed forces, rush through the trial, hearing limited evidence and placing pressure on the defendants’ lawyers to close the case. Imposing 37 death sentences in these circumstances is unthinkable. We will be raising concerns with international bodies, seeking an urgent investigation.”

Notes to editors

The Death Penalty Project

The Death Penalty Project (DPP) is a legal action NGO based at, and supported by, London legal firm, Simons Muirhead Burton LLP. The organisation has special consultative status before the United Nations Economic and Social Council. DPP provides free representation to people facing the death penalty worldwide. It uses the law to protect prisoners facing execution and promote fair criminal justice systems, where the rights of all people are respected.

Capital Sentences in DRC

The Democratic Republic of the Congo retains capital sentences in its ordinary and military law. In 2023, approximately 33 people received a death sentence, with over 800 people being held on death row. The last execution in the DRC was in 2003, following which a moratorium on executions was imposed.

Following an announcement in March 2024, the DRC’s Minister of Justice formally notified the judiciary of the government’s decision to resume executions for a series of crimes. The government justified its decision by the need to combat “treason” at a time when the DRC is facing an escalation of armed conflicts and gang violence in several cities, including the capital Kinshasa.

The method of execution in the DRC is by firing squad, if convicted by a military tribunal, and hanging, if convicted by a civilian court. The Penal Code allows the President to designate the method of execution.

Regional Trends in Capital Sentencing

The current rate of progress towards abolition of the death penalty is higher in Africa than anywhere else in the world. Within the African Union, 47 countries are now abolitionist in law or practice, and in 2023, only two of 55 countries carried out executions: Egypt and Somalia:

• In West Africa, Guinea joined Benin, Côte d’Ivoire, Senegal and Togo in its abolition of the death penalty in 2016. Burkina Faso abolished the death penalty for ordinary crimes in 2018.  The Gambia became a State party to the Second Optional Protocol of the International Covenant on Civil and Political Rights (ICCPR) in 2018 and the President commuted the death sentences of 22 people in 2019.
• In October 2021, Sierra Leone became the 22nd country on the continent to abolish the death penalty when President Maada Bio signed the Abolition of the Death Penalty Act, 2021 into law.
• In 2020, Chad abolished the death penalty for all crimes. The Central African Republic, Equatorial Guinea and Zambia abolished the death penalty in 2022.
• In July 2023, Ghana became the 29th country on the African continent to abolish the death penalty, as Parliament voted in favour of a bill to repeal capital punishment from the criminal code.
• Zimbabwe’s Ministry of Justice, Legal, and Parliamentary Affairs has recommended abolition and a Private Members’ Bill to abolish the death penalty has been approved by the Cabinet in 2024 and is expected to be passed into law soon.
• In other parts of the African Union, there has also been marked progress both to restrict the use of the death penalty and towards abolition in recent years. Kenya’s Supreme Court abolished the mandatory death penalty in 2017.