DRC Parliamentarian and Mining CEO Receives Rare Death Penalty for Alleged M23 Ties

A member of parliament and owner of a strategic mining company in the Democratic Republic of Congo (DRC) was sentenced to death on Friday in Kinshasa by the military justice system.

The charges against Édouard Mwangachuchu, 70, included “participation in the M23 insurrectionary movement” and “treason.”

This verdict marks a significant development as the death penalty, although frequently pronounced in the DRC, has not been applied for two decades and is typically commuted to life imprisonment.

Mr. Mwangachuchu, who represents the troubled province of North Kivu, was arrested on March 1 in Kinshasa and has been held in various prisons during his trial. His co-defendant, police captain Robert Muchamalirwa, was acquitted, leading to his immediate release.

The High Military Court did not consider any mitigating circumstances for Mr. Mwangachuchu, who was absent during the sentencing.

General Robert Kalala, the presiding judge, cited charges of “illegal possession of weapons and munitions of war,” “participation in the M23 insurrectionary movement,” and “treason” in the verdict.

The M23 is a predominantly Tutsi rebellion group accused of seizing significant territories in North Kivu with the support of Rwanda, according to Kinshasa.

Mr. Mwangachuchu’s defense, which had advocated for his acquittal, intends to appeal to the Supreme Court. Me Thomas Gamakolo, speaking on behalf of the defense, criticized the decision as “iniquitous” and suggested it was motivated by factors unrelated to the law, such as ethnic bias.

The trial also delved into Mr. Mwangachuchu’s purported ties with Rwanda, citing a Covid test certificate from Kigali in May 2021 as evidence of his “close ties” with the neighboring country.

The court alleged that minerals produced by his mining company were being sent to Rwanda and that documents found in his possession indicated his real estate interests in Rwanda.

Throughout the trial, Mr. Mwangachuchu claimed to have been threatened by the M23 and Rwandan security authorities. Despite requests for his provisional release on health grounds being denied, his deteriorating health was evident during the hearings, raising concerns both domestically and internationally.