Council Decision (CFSP) 2021/2181 of 9 December 2021 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo
Date: 2021-12-09
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, EU restrictive measure, economic sanctions, international sanctions, natural person




L_2021443EN.01007501.xml










10.12.2021   


EN


Official Journal of the European Union


L 443/75








            COUNCIL DECISION (CFSP) 2021/2181
of 9 December 2021
         
amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 20 December 2010, the Council adopted Decision 2010/788/CFSP (1) concerning restrictive measures against the Democratic Republic of the Congo (DRC).












(2)


On 12 December 2016, the Council adopted Decision (CFSP) 2016/2231 (2) in response to the obstruction of the electoral process and the related human rights violations in the DRC. Decision (CFSP) 2016/2231 amended Decision 2010/788/CFSP and introduced autonomous restrictive measures in Article 3(2) of Decision 2010/788/CFSP.












(3)


On the basis of a review of the restrictive measures set out in Article 3(2) of Decision 2010/788/CFSP, and considering the continuing violations of human rights in the DRC, those measures should be renewed until 12 December 2022 and one person should be removed from the list in Annex II to that Decision.












(4)


The title of Decision 2010/788/CFSP and the grounds for listing relating to certain persons listed in Annex II to Decision 2010/788/CFSP should be amended.












(5)


Decision 2010/788/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2010/788/CFSP is amended as follows:






(1)


the title is replaced by the following:

                              ‘
                              Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo
                              ’;










(2)


in Article 9, paragraph 2 is replaced by the following:

‘2.   The measures referred to in Article 3(2) shall apply until 12 December 2022. They shall be renewed, or amended as appropriate, if the Council deems that their objectives have not been met.’;











(3)


the list set out in Annex II to Decision 2010/788/CFSP is replaced by the list set out in the Annex to this Decision.






Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.




Done at Brussels, 9 December 2021.


For the Council


The President

A. HOJS
            





(1)  Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (OJ L 336, 21.12.2010, p. 30).

(2)  Council Decision (CFSP) 2016/2231 of 12 December 2016 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ L 336 I, 12.12.2016, p. 7).




ANNEX



‘ANNEX II
LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 3(2)
A.   Persons









 


Name


Identifying information


Grounds for listing


Date of listing




1


Ilunga KAMPETE


a.k.a. Gaston Hughes Ilunga Kampete; Hugues Raston Ilunga Kampete
DOB: 24.11.1964
POB: Lubumbashi, DRC
Nationality: DRC
Military ID number: 1-64-86-22311-29
Address: 69, avenue Nyangwile, Kinsuka Mimosas, Kinshasa/Ngaliema, DRC
Gender: Male


As Commander of the Republican Guard (GR) until April 2020, Ilunga Kampete was responsible for the GR units deployed on the ground and involved in the disproportionate use of force and violent repression in September 2016 in Kinshasa.
He was also responsible for the repression and infringement of human rights committed by GR agents, such as the violent repression of an opposition rally in Lubumbashi in December 2018.
Since July 2020, he remains a high-ranking soldier, as a Lieutenant General in the Congolese Armed Forces (FARDC) and Commander of the Kitona military base in the province of Kongo Central. By virtue of his functions, he bears responsibility for the recent human rights violations committed by the FARDC.
Ilunga Kampete has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.


12.12.2016




2


Gabriel Amisi KUMBA


a.k.a. Gabriel Amisi Nkumba; “Tango Fort”; “Tango Four”
DOB: 28.5.1964
POB: Malela, DRC
Nationality: DRC
Military ID number: 1-64-87-77512-30
Address: 22, avenue Mbenseke, Ma Campagne, Kinshasa/Ngaliema, DRC
Gender: Male


Former Commander of the first defence zone of the Congolese Armed Forces (FARDC), which took part in the disproportionate use of force and violent repression in September 2016 in Kinshasa.
In his capacity as Deputy Chief of Staff of the FARDC in charge of operations and intelligence from July 2018 to July 2020, and owing to his senior duties as Inspector General of the FARDC since July 2020, he bears responsibility for recent human rights violations committed by the FARDC.
Gabriel Amisi Kumba has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.


12.12.2016




3


Ferdinand Ilunga LUYOYO


DOB: 8.3.1973
POB: Lubumbashi, DRC
Nationality: DRC
DRC passport number: OB0260335 (valid from 15.4.2011 to 14.4.2016)
Address: 2, avenue des Orangers, Kinshasa/Gombe, DRC
Gender: Male


As Commander of the anti-riot unit called the Légion Nationale d’Intervention of the Congolese National Police (PNC) until 2017, and Commander of the unit responsible for the protection of institutions and high-ranking officials within the PNC until December 2019, Ferdinand Ilunga Luyoyo was responsible for the disproportionate use of force and violent repression in September 2016 in Kinshasa, and bears responsibility for the subsequent human rights violations committed by the PNC.
Ferdinand Ilunga Luyoyo has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
Ferdinand Ilunga Luyoyo has retained his rank of General and remains active on the public scene in the DRC.


12.12.2016




4


Célestin KANYAMA


a.k.a. Kanyama Tshisiku Celestin; Kanyama Celestin Cishiku Antoine; Kanyama Cishiku Bilolo Célestin; “Esprit de mort”
DOB: 4.10.1960
POB: Kananga, DRC
Nationality: DRC
DRC passport number: OB0637580 (valid from 20.5.2014 to 19.5.2019)
Schengen visa number 011518403, issued on 2.7.2016
Address: 56, avenue Usika, Kinshasa/Gombe, DRC
Gender: Male


As Commissioner of the Congolese National Police (PNC), Célestin Kanyama was responsible for the disproportionate use of force and violent repression in September 2016 in Kinshasa.
In July 2017, Célestin Kanyama was appointed Director-General of the PNC’s training schools.
In October 2018, when he was in that function, police officers intimidated and deprived journalists of freedom after the publication of a series of articles on the misappropriation of police cadet rations. Célestin Kanyama played a role in those events.
Owing to his role as a senior PNC official, which he retains today, he bears responsibility for the recent human rights violations committed by the PNC. Célestin Kanyama has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.


12.12.2016




5


John NUMBI


a.k.a. John Numbi Banza Tambo; John Numbi Banza Ntambo; Tambo Numbi
DOB: 16.8.1962
POB: Jadotville-Likasi-Kolwezi, DRC
Nationality: DRC
Address: 5, avenue Oranger, Kinshasa/Gombe, DRC
Gender: Male


John Numbi was Inspector General of the Congolese Armed Forces (FARDC) from July 2018 until July 2020. Owing to his role, he bears responsibility for the human rights violations committed by the FARDC between July 2018 and July 2020, such as disproportionate violence against illegal miners from June to July 2019 committed by FARDC troops under his direct authority.
John Numbi has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
Until early 2021, John Numbi retained a position of influence in the FARDC, especially in Katanga, where serious human rights violations committed by the FARDC have been reported.
John Numbi is still a threat to the human rights situation in the DRC, especially in Katanga.


12.12.2016




6


Evariste BOSHAB


a.k.a. Evariste Boshab Mabub Ma Bileng
DOB: 12.1.1956
POB: Tete Kalamba, DRC
Nationality: DRC
Diplomatic passport number: DP0000003 (valid from 21.12.2015 to 20.12.2020)
Schengen visa expired on 5.1.2017
Address: 3, avenue du Rail, Kinshasa/Gombe, DRC
Gender: Male


In his capacity as Vice Prime Minister and Minister of Interior and Security from December 2014 to December 2016, Evariste Boshab was officially responsible for the police and security services and for coordinating the work of provincial governors. In that capacity, he was responsible for arrests of activists and opposition members, as well as disproportionate use of force, including between September 2016 and December 2016 in response to demonstrations in Kinshasa, which resulted in a large number of civilians being killed or injured by security services.
Evariste Boshab has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
Evariste Boshab also played a part in the exploitation and aggravation of the crisis in the Kasai region, where he maintains a position of influence, in particular since becoming Senator of Kasai in March 2019.


29.5.2017




7


Alex Kande MUPOMPA


a.k.a. Alexandre Kande Mupomba; Kande-Mupompa
DOB: 23.9.1950
POB: Kananga, DRC
Nationality: DRC and Belgian
DRC passport number: OP0024910 (valid from 21.3.2016 to 20.3.2021)
Addresses: Messidorlaan 217/25, 1180 Uccle, Belgium
1, avenue Bumba, Kinshasa/Ngaliema, DRC
Gender: Male


As Governor of Kasai Central until October 2017, Alex Kande Mupompa was responsible for the disproportionate use of force, violent repression and extrajudicial killings committed by security forces and the Congolese National Police (PNC) in Kasai Central from August 2016, including killings in the territory of Dibaya in February 2017.
Alex Kande Mupompa has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
Alex Kande Mupompa also played a part in the exploitation and aggravation of the crisis in the Kasai region, for which he was a representative until October 2019 and in which he maintains a position of influence through the Congrès des alliés pour l’action au Congo (CAAC), which is part of the provincial government of Kasai.


29.5.2017




8


Éric RUHORIMBERE


a.k.a. Eric Ruhorimbere Ruhanga; “Tango Two”; “Tango Deux”
DOB: 16.7.1969
POB: Minembwe, DRC
Nationality: DRC
Military ID number: 1-69-09-51400-64
DRC passport number: OB0814241
Address: Mbujimayi, Kasai Province, DRC
Gender: Male


As Deputy Commander of the 21st military region from September 2014 to July 2018, Éric Ruhorimbere was responsible for the disproportionate use of force and extrajudicial killings perpetrated by the Congolese Armed Forces (FARDC), in particular against the Nsapu militia and women and children.
Éric Ruhorimbere has been the Commander of the Nord Equateur operational sector since July 2018. Owing to his role, he bears responsibility for the recent human rights violations committed by the FARDC.
Éric Ruhorimbere has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.


29.5.2017




9


Emmanuel Ramazani SHADARY


a.k.a. Emmanuel Ramazani Shadari Mulanda; Shadary
DOB: 29.11.1960
POB: Kasongo, DRC
Nationality: DRC
Address: 28, avenue Ntela, Mont Ngafula, Kinshasa, DRC
Gender: Male


As Vice Prime Minister and Minister of Interior and Security until February 2018, Emmanuel Ramazani Shadary was officially responsible for the police and security services and for coordinating the work of provincial governors. In that capacity, he was responsible for the arrests of activists and opposition members, as well as for the disproportionate use of force, such as the violent crackdown on members of the Bundu Dia Kongo (BDK) movement in Kongo Central, the repression in Kinshasa from January to February 2017 and the disproportionate use of force and violent repression in the Kasai provinces.
In that capacity, Emmanuel Ramazani Shadary has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
Since February 2018, Emmanuel Ramazani Shadary has been permanent secretary of the Parti du peuple pour la reconstruction et le développement (PPRD), which until December 2020 was the main party in the coalition under former President Joseph Kabila.


29.5.2017




10


Kalev MUTONDO


a.k.a. Kalev Katanga Mutondo; Kalev Motono; Kalev Mutundo; Kalev Mutoid; Kalev Mutombo; Kalev Mutond; Kalev Mutondo Katanga; Kalev Mutund
DOB: 3.3.1957
Nationality: DRC
DRC passport number: DB0004470 (valid from 8.6.2012 to 7.6.2017)
Address: 24, avenue Ma Campagne, Kinshasa, DRC
Gender: Male


As Head of the National Intelligence Service (ANR) until February 2019, Kalev Mutondo was involved in and responsible for the arbitrary arrest, detention and mistreatment of opposition members, civil society activists and others.
Kalev Mutondo has therefore been involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
In May 2019, he signed a declaration of past and future loyalty to Joseph Kabila, to whom he remains close.
Until early 2021, Kalev Mutondo wielded a high degree of political influence, in his role as “political advisor” to the Prime Minister of the DRC.
He is alleged to still have influence in some parts of the security forces.


29.5.2017




B.   Entities


            ’