Enforced Disappearance Legal Database

Tshishimbi v. Democratic Republic of the Congo

Key Judgment


Legal Relevance

Effective Remedy | Admissibility | Interim/Urgent Measures | Relatives as Victims

The Committee found that removal of the victim and prevention of contact with his family and with the outside world constitute cruel and inhuman treatment. Relying on its prior jurisprudence, the Committee held that the right to liberty and security of a person may be invoked not only in the context of arrest and detention, but also in a situation when abduction took place under circumstances that have not been clarified.

Judgment Date

March 25, 1996

Country

Democratic Republic of the Congo

Judicial Body

Human Rights Committee

Articles violated

Article 2(3a) [ICCPR], Article 7 [ICCPR], Article 9(1) [ICCPR]

Articles not violated / not dealt with

Article 3 [ICCPR], Article 5 [ICCPR], Article 12(1) [ICCPR], Article 17 [ICCPR], Article 18 [ICCPR], Article 19 [ICCPR], Article 20(2) [ICCPR], Article 25 [ICCPR]

Facts of the Case

Mr. Katombe L. Tshishimbi was apprehended and brought to an unknown location during the night of 28 March 1993. Mass media reports suggest that Mr. Tshishimbi was detained at the headquarters of the National Intelligence Service, where ill-treatment of detainees is known to be a common practice. His family had no access to him nor did they obtain reliable information about his whereabouts and state of health since the alleged abduction.

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