Britain sending refused Congo asylum seekers back to torture
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Hetty ter Haar
May 27, 2009, 1:36:47 PM5/27/09
to USA Africa Dialogue Series
Britain sending refused Congo asylum seekers back to torture
Refused asylum seekers tell of imprisonment in DRC and violent
persecution when they return
Diane Taylor
Thursday May 28 2009
guardian.co.uk
The British government is sending refused asylum seekers back home, a
Guardian investigation has revealed, despite the fears of human rights
campaigners and lawyers that deportees could encounter persecution on
their return.
The government claims that those forcibly returned will be safe.
There are an estimated 10,000 Congolese asylum seekers in the UK, many
of whom are at risk of being forcibly removed. The sending back of
such people to the Democratic Republic of Congo was suspended in 2007
but recently resumed.
The revelations about the possible torture in Congo came as the
government intensified its operation to forcibly remove Congolese
nationals from the UK. Last Thursday there was a charter flight
carrying 24 Congolese bound for Kinshasa, the first such flight for
more than two years.
Nsimba Kumbi, 33, a refused asylum seeker, was removed from the UK on
13 March, following detention in the Campsfield immigration removal
centre in Oxfordshire. He was then detained in the DRC capital, and
taken to the notorious secret police headquarters Kin Mazi?re, the
Kinshasa headquarters of the general directorate of intelligence and
special services, where, he says, he was tortured for three weeks.
Kumbi says that during his incarceration he was badly beaten, that he
received burns and was forced to give a male guard oral sex while his
hands were tied behind his back. He says he is now in so much pain he
can only move his neck in one direction. The wounds on his back from
beatings are gradually drying. He says that nerve damage means he can
barely move his fingers.
Another Congolese refused asylum seeker, Rabin Waba Muambi, 42, was
also removed from the UK on 13 March on a separate flight. He arrived
in Kinshasa the following day and was taken to Kin Mazi?re. Top secret
entries in the Kin Mazi?re log book, leaked to the Guardian, confirm
the men's detention there.
Muambi, who says he was beaten at Kinshasa airport, was later
stripped, then continually beaten and forced to lie outside staring at
the sun.
"The government in Congo views Congolese people deported back home
from the UK as enemies," said Muambi. "The guards who beat me kept
saying to me: 'You are a spy, give us information, why are you doing
this to your country?' I am in a lot of pain from the torture but I'm
too scared to go to hospital in case someone recognises me and I get
taken back to detention. The guards forced me to drink my own urine
and kicked me. They beat me very badly on my knees and made me walk on
my knees so they turned black."
He was held there until 14 May when a friend paid a bribe that freed
him.
Kumbi's ordeal began in 2001 when he was studying law at the
University of Kinshasa. He was arrested for political activities
against the government and detained for more than a year in Camp
Tshatshi, as place identified by Amnesty International in 2007 as a
site where extra-judicial executions of a large number of detainees
took place.
He escaped to the UK and claimed asylum in May 2002. Following the
rejection of his asylum claim he was detained and removed. He resisted
removal and was restrained on the flight. "I was handcuffed and my
head was pushed down between my legs. They were beating me for no
reason." The escorts handed him over to Congolese immigration
officials at the airport in Kinshasa and he was taken to a windowless
room. "It was like a store room. The men were wearing military
uniforms and they forced me to sign some papers without letting me
read them. I had no choice but to sign and hoped that after I signed
I'd be released."
Instead he was taken to Kin Mazi?re. "The guards there demanded money.
They said, 'you've just come from England, you must have money'. They
said I wouldn't be beaten as much if I gave them money but I had
nothing to give them. I was taken to a cell and could hear sounds of
screaming and crying coming from the other cells."
Over three weeks at the centre he says he was tortured by the guards.
Following his release he went into hiding. He says he is in urgent
need of medical treatment but that it is too risky to go to a
hospital.
Muambi first came to the attention of the Congolese authorities in
January 2005 when he was involved in anti-government protests. He was
detained and tortured for a month and then escaped to the UK and
claimed asylum.
He was diagnosed with post-traumatic stress disorder. He belongs to
the human rights group Apareco,whose members risk torture in Congo.
Rudi Ramdarshan, a human rights lawyer at Trott & Gentry
solicitors, said: "The implications of these cases are very worrying.
The Home Office's own operational guidance states that if people end
up in detention in Congo they are likely to experience inhumane and
degrading treatment, in breach of Article 3 of the Human Rights Act.
The fact that asylum seekers returned to Congo are ending up in
detention is unacceptable.
"I am calling on Amnesty International and Human Rights Watch to
launch investigations. The secretary of state should suspend removals
while this matter is investigated."
Last month Amnesty International submitted a report to the UN
highlighting the persistence of torture and ill treatment in detention
in Congo.
A spokesman for the UK Border Agency confirmed that his department had
removed the two men from the UK. "We continue to monitor developments
in the Democratic Republic of Congo and will take decisions on a case-
by-case basis in light of the most current situation. The court of
appeal on 3 December 2008 upheld a ruling that failed asylum seekers
are not at risk of persecution or ill treatment on return to
Democratic Republic of Congo simply because they have claimed asylum.
"We do not routinely monitor the treatment of individuals once removed
from the UK. We would not remove them if we considered them likely to
suffer persecution on their return and there is independent oversight
by the courts."
The spokesman, referring to Kumbi's claims of being beaten by UK
escorts, said: "We are committed to ensuring that removals are carried
out in the most sensitive way possible, treating those being removed
with courtesy and dignity. Any allegations of misconduct are
thoroughly investigated and all allegations of abuse are referred to
the police."
The Congolese embassy was unavailable for comment.
Copyright Guardian Newspapers Limited 2009
Refused asylum seekers tell of imprisonment in DRC and violent
persecution when they return
Diane Taylor
Thursday May 28 2009
guardian.co.uk
The British government is sending refused asylum seekers back home, a
Guardian investigation has revealed, despite the fears of human rights
campaigners and lawyers that deportees could encounter persecution on
their return.
The government claims that those forcibly returned will be safe.
There are an estimated 10,000 Congolese asylum seekers in the UK, many
of whom are at risk of being forcibly removed. The sending back of
such people to the Democratic Republic of Congo was suspended in 2007
but recently resumed.
The revelations about the possible torture in Congo came as the
government intensified its operation to forcibly remove Congolese
nationals from the UK. Last Thursday there was a charter flight
carrying 24 Congolese bound for Kinshasa, the first such flight for
more than two years.
Nsimba Kumbi, 33, a refused asylum seeker, was removed from the UK on
13 March, following detention in the Campsfield immigration removal
centre in Oxfordshire. He was then detained in the DRC capital, and
taken to the notorious secret police headquarters Kin Mazi?re, the
Kinshasa headquarters of the general directorate of intelligence and
special services, where, he says, he was tortured for three weeks.
Kumbi says that during his incarceration he was badly beaten, that he
received burns and was forced to give a male guard oral sex while his
hands were tied behind his back. He says he is now in so much pain he
can only move his neck in one direction. The wounds on his back from
beatings are gradually drying. He says that nerve damage means he can
barely move his fingers.
Another Congolese refused asylum seeker, Rabin Waba Muambi, 42, was
also removed from the UK on 13 March on a separate flight. He arrived
in Kinshasa the following day and was taken to Kin Mazi?re. Top secret
entries in the Kin Mazi?re log book, leaked to the Guardian, confirm
the men's detention there.
Muambi, who says he was beaten at Kinshasa airport, was later
stripped, then continually beaten and forced to lie outside staring at
the sun.
"The government in Congo views Congolese people deported back home
from the UK as enemies," said Muambi. "The guards who beat me kept
saying to me: 'You are a spy, give us information, why are you doing
this to your country?' I am in a lot of pain from the torture but I'm
too scared to go to hospital in case someone recognises me and I get
taken back to detention. The guards forced me to drink my own urine
and kicked me. They beat me very badly on my knees and made me walk on
my knees so they turned black."
He was held there until 14 May when a friend paid a bribe that freed
him.
Kumbi's ordeal began in 2001 when he was studying law at the
University of Kinshasa. He was arrested for political activities
against the government and detained for more than a year in Camp
Tshatshi, as place identified by Amnesty International in 2007 as a
site where extra-judicial executions of a large number of detainees
took place.
He escaped to the UK and claimed asylum in May 2002. Following the
rejection of his asylum claim he was detained and removed. He resisted
removal and was restrained on the flight. "I was handcuffed and my
head was pushed down between my legs. They were beating me for no
reason." The escorts handed him over to Congolese immigration
officials at the airport in Kinshasa and he was taken to a windowless
room. "It was like a store room. The men were wearing military
uniforms and they forced me to sign some papers without letting me
read them. I had no choice but to sign and hoped that after I signed
I'd be released."
Instead he was taken to Kin Mazi?re. "The guards there demanded money.
They said, 'you've just come from England, you must have money'. They
said I wouldn't be beaten as much if I gave them money but I had
nothing to give them. I was taken to a cell and could hear sounds of
screaming and crying coming from the other cells."
Over three weeks at the centre he says he was tortured by the guards.
Following his release he went into hiding. He says he is in urgent
need of medical treatment but that it is too risky to go to a
hospital.
Muambi first came to the attention of the Congolese authorities in
January 2005 when he was involved in anti-government protests. He was
detained and tortured for a month and then escaped to the UK and
claimed asylum.
He was diagnosed with post-traumatic stress disorder. He belongs to
the human rights group Apareco,whose members risk torture in Congo.
Rudi Ramdarshan, a human rights lawyer at Trott & Gentry
solicitors, said: "The implications of these cases are very worrying.
The Home Office's own operational guidance states that if people end
up in detention in Congo they are likely to experience inhumane and
degrading treatment, in breach of Article 3 of the Human Rights Act.
The fact that asylum seekers returned to Congo are ending up in
detention is unacceptable.
"I am calling on Amnesty International and Human Rights Watch to
launch investigations. The secretary of state should suspend removals
while this matter is investigated."
Last month Amnesty International submitted a report to the UN
highlighting the persistence of torture and ill treatment in detention
in Congo.
A spokesman for the UK Border Agency confirmed that his department had
removed the two men from the UK. "We continue to monitor developments
in the Democratic Republic of Congo and will take decisions on a case-
by-case basis in light of the most current situation. The court of
appeal on 3 December 2008 upheld a ruling that failed asylum seekers
are not at risk of persecution or ill treatment on return to
Democratic Republic of Congo simply because they have claimed asylum.
"We do not routinely monitor the treatment of individuals once removed
from the UK. We would not remove them if we considered them likely to
suffer persecution on their return and there is independent oversight
by the courts."
The spokesman, referring to Kumbi's claims of being beaten by UK
escorts, said: "We are committed to ensuring that removals are carried
out in the most sensitive way possible, treating those being removed
with courtesy and dignity. Any allegations of misconduct are
thoroughly investigated and all allegations of abuse are referred to
the police."
The Congolese embassy was unavailable for comment.
Copyright Guardian Newspapers Limited 2009
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