The first day of Roger Lumbala’s trial started with a twist. The former Congolese rebel immediately warned, Wednesday 12 November, that he would no longer appear before the Paris Assize Court which tried him for involvement in crimes against humanity committed in the Democratic Republic of Congo (DRC).
“France is incompetent to judge me, you will judge me yourself”said the 67-year-old defendant, under the watchful eye of his lawyer whom he has challenged since the first day of the trial. “Punish me according to your wishes”he added, referring to “judicial theft”.
Detained since his arrest in late 2020, Roger Lumbala faces life in prison for actions dating back to 2002 and 2003, when he led the RCD-N (Congolese Rally for Democracy-National), whose forces have committed numerous abuses in Ituri and Haut-Uélé, in northeastern Congo.
Backed by neighboring Uganda, the faction is part of around ten groups fighting in that part of the country. With a dual objective: power in Kinshasa but also control over mining resources in eastern Congo, where almost thirty years of factional war has been fought that, according to various international organizations, has led to millions of refugees and deaths, directly or indirectly (malnutrition, disease, etc.).
“Look at the composition of the court”
Roger Lumbala denies responsibility. And most importantly, he denied the French the right to judge him: “Doesn’t this remind you of centuries ago?” »he asked in his opening statement. “Look at the composition of the court”he continued, turning to the jurors and judge, all of whom were white, while they were there “an African in a box”.
Hopefully President Marc Sommerer will convince him “independence” and from “impartiality” the court changed nothing. “I note that this August assembly has no control over the situation in the Democratic Republic of Congo”he accused a few hours later, ensuring that he would no longer take his place in the box until the verdict on December 19. Not without causing a trial incident by pointing the finger at the civil party’s lawyer: “I forbid you to insult my country. »
On Thursday, Roger Lumbala will be removed from his cell and taken to a Paris courthouse. But “We can’t force you to sit in a box”admitted Marc Sommerer, reminding him that he could change his mind. That person shook his head.
“This maneuver has no other purpose except to evade justice, it is an act of cowardice” Who “will not prevent the trial from taking place, in the presence of the victims for whom” He “is the only hope for justice”reaction of lawyer Clémence Bectarte and Henri Thulliez, civil party lawyer.
Long list of documented crimes
The French court accused Roger Lumbala of crimes committed during an attack on the pro-government group, called “Erase the Picture” and carried out together with its ally the Congolese Liberation Movement (MLC) of the current Congolese minister Jean-Pierre Bemba, also supported by Uganda.
These attacks led to numerous crimes, which the UN documented in its Mapping report in 2010: summary executions, forced labor, torture, mutilation, looting, as well as the rape of women who, according to French investigators, were victims of crimes. “used as a weapon of war”with a heavy price paid by the women of Kerdil Nande and Bambuti, two communities suspected of leaning towards pro-Kinshasa groups.
Minister between 2003 and 2005, member of parliament, presidential candidate in 2006 before returning to exile in France in 2012 when he was accused of “treason” for approaching the Rwandan-backed M23 anti-government group, Roger Lumbala explained to investigators that he was just a “politicians who have no military under their command”.
In contrast, the French investigating judge described it as follows “a warlord at the head of the armed forces” after leaving the fighters “under his power and control committed crimes against humanity”.
For NGOs and lawyers, this trial is important “historical” : he was the first to investigate crimes in the Congo under universal jurisdiction. This principle allows French courts to try this type of crime, even if committed in another country, provided that the alleged perpetrator resides in France and prosecution on the same facts has not been carried out in the country of origin. Before being challenged, attorney Roger Lumbala challenged this second point.
