CELEX: 32020D0417
Language: en
Date: 2020-03-19 00:00:00
Title: Council Implementing Decision (CFSP) 2020/417 of 19 March 2020 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo

20.3.2020   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 86/9
               
            
         COUNCIL IMPLEMENTING DECISION (CFSP) 2020/417
         of 19 March 2020
         implementing 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 31(2) thereof,
         Having regard to 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 (1), and in particular Article 6 thereof,
         Having regard to the proposal of 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.
                  
               
                     (2)
                  
                  
                     On 25 February 2020, the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 1533 (2004) updated the information relating to one person subject to restrictive measures.
                  
               
                     (3)
                  
                  
                     Annex I to Decision 2010/788/CFSP should therefore be amended accordingly,
                  
               HAS ADOPTED THIS DECISION:
         
            Article 1
            Annex I to Decision 2010/788/CFSP is hereby amended as set out in the Annex to this Decision.
         
         
            Article 2
            This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
         
         
            Done at Brussels, 19 March 2020.
            
               
                  For the Council
               
               
                  The President
               
               A. METELKO-ZGOMBIĆ
            
         
         
            (1)  OJ L 336, 21.12.2010, p. 30.
      
      
         
            ANNEX
            In Annex I to Decision 2010/788/CFSP, Part (a) (List of persons referred to in Article 3(1)), entry 16 is replaced by the following:
            
               ‘16. Ignace MURWANASHYAKA
               (alias: Dr Ignace)
               Title: Dr.
               Designation: FDLR President
               Address: Germany (in prison)
               Date of Birth: 14 May 1963
               Place of Birth: a) Butera, Rwanda b) Ngoma, Butare, Rwanda
               Nationality: Rwanda
               Date of UN designation: 1 Nov. 2005
               Other information: Died in prison in Germany on 16 April 2019. Arrested by German authorities on 17 November 2009 and found guilty by a German court on 28 September 2015 of leadership of a foreign terrorist group and aiding in war crimes. Received a 13-year sentence and is in prison in Germany as of June 2016. Re-elected FDLR President on 29 November 2014 for a five-year term. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals.
               
                  Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
               
               Ignace Murwanashyaka is the President of the FDLR, exercising influence over policies of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo. He was in telephone communication with FDLR military field commanders (including during the Busurungi massacre in May 2009); he gave military orders to the high command; he was involved in coordinating the transfer of arms and ammunition to FDLR units and relaying specific instructions for use; and he managed large sums of money raised through illicit sale of natural resources in areas of FDLR control. According to the Office of the SRSG on Children and Armed Conflict, he held command responsibility as President and military commander of FDLR for recruitment and use of children by the FDLR in Eastern Congo. He was arrested by German authorities on 17 November 2009 and found guilty by a German court on 28 September 2015 of leadership of a foreign terrorist group and aiding in war crimes. He received a 13-year sentence and was in prison in Germany as of June 2016. He was re-elected as FDLR President on 29 November 2014 for a five-year term.’