Showing posts with label Congo. Show all posts
Showing posts with label Congo. Show all posts

Tuesday, January 7, 2014

Former British soldier on death row in the Congo to go on trial for 'murder' of best friend

Tjostolv Moland and Joshua French
Tjostolv Moland and Joshua French
Joshua French is accused of killing pal Tjostolv Moland while they were both in prison for another murder

A British man waiting on death row in the Democratic Republic of Congo (DRC) will face trial tomorrow, accused of the murder of his cellmate and best friend.

Former soldier Joshua French and Tjostolv Moland were sentenced to death in 2009 after being found guilty of espionage and murder.

Both men maintained their innocence, but were convicted for a 2nd time of the same offences in June 2010 following a military retrial branded a "farce" by campaigners.

But Mr French, who served in the Parachute Regiment, now faces a fresh murder charge after Mr Moland was found dead in the prison cell they shared on August 18 last year, despite an initial inquiry which found he had taken his own life.

Legal charity Reprieve has now written to Prime Minister David Cameron, calling on the British Government to intervene to prevent the trial.

At very least, they say the case should be transferred to a civilian court as it is set to be held in a military court, in violation of the DRC's constitution and international law.

It is understood that discussions had been taking place to transfer Mr French to a prison in Norway, but the latest court proceedings have thrown this in to jeopardy.

Mr French's mother, Kari Hilde, said: "Joshua has already lost his best friend and nearly 5 years of his life. Now he's being falsely accused of murder. How much more will he have to endure before the British Government takes serious action?"

Reprieve said a post-mortem examination conducted jointly by Congolese Police and the Norwegian police agency Kripos confirmed that Mr Moland had committed suicide.

Mr Moland's father has written to the Congolese authorities asking for the charges against Mr French to be dropped but the request has not been answered.

Maya Foa, director of Reprieve's death penalty team, said: "The Government has already tarried too long.

"These are sham charges and the Prime Minister needs to intervene without delay to protect the rights of British citizen, Joshua French. If the trial goes ahead in a military court, Joshua may well be given a death sentence, and all hopes of him leaving the prison alive will be dashed."

Mr French and Mr Moland were convicted of murdering Abedi Kasongo, who had been hired to drive the 2 former soldiers after their motorbike broke down in April 2009. The 47-year-old driver was shot in the head 70 miles (113km) east of Kisangani.

French and Moland denied responsibility. They claimed that unknown gunmen ambushed them in the middle of a dense rainforest.

The trial saw witnesses provide conflicting testimonies and lacked physical evidence, Reprieve said.

It is also claimed that Mr French was beaten and subjected to a mock execution before being forced to sign a confession.

The prosecution told the courts that Mr Moland wrote a letter confessing he was a spy and was responsible for killing Mr Kasongo.

But the letter has never been given to his defence team.

At the retrial, both men were forced to stand for more than 6 hours in heat upwards of 40C (104F), it was claimed.

Mr French, who spent his childhood in Margate, Kent, trained as a British paratrooper before serving in the Norwegian army, where he met Mr Moland.

Both men left the forces in 2007 and worked as security guards in a number of locations.

Source: Daily Mail, January 6, 2014

Monday, August 19, 2013

Norwegian on death row in DR Congo dies in jail

Tjostolv Moland and Joshua French
A Norwegian sentenced to death in 2010 for murder and spying in the Democratic Republic of Congo has died in prison, Norway's foreign minister announced on Sunday.

"We have been informed today that Tjostolv Moland is dead. He was found in his prison cell in Kinshasa this morning," Foreign Minister Espen Barth Eide told reporters.

When asked about the cause of death, he replied only that Norway had "no comment at this time."

Moland and his friend Joshua French, who has dual British-Norwegian nationality, were sentenced to death for murder and spying in the vast central African country in 2010.

Shortly after their conviction Moland, 32, and French, 31, wrote to Congolese President Joseph Kabila to ask for a pardon or for their death sentence to be commuted to life imprisonment that could eventually be served in Norway.

Norwegian authorities have since been trying to negotiate a transfer to the Scandinavian country.

Former soldiers French and Moland, who claimed they were in the country to set up their own security company, were first sentenced to death in 2009, convicted of having killed the driver of the car they had rented in May that year.

They insisted the driver was killed by bandits.

The verdict was annulled for irregularities by the high military court in 2010, but a new panel of judges convicted them in a retrial in June that year of spying, criminal association, murder and attempted murder.

A prison official claimed in August 2011 that the pair -- who met in the Norwegian army -- had tried to escape from prison, but their lawyer denied this.

DR Congo has not carried out a death sentence since Kabila came to power in 2001, but has commuted such penalties to life imprisonment.

Barth Eide said a Norwegian diplomat has been sent to the Kinshasa prison following the news of Moland's death.

Source: Agence France-Presse, August 19, 2013

Related articles:
Sep 14, 2009
Sep 14, 2009
Tjostolv Moland, 28, and Joshua French, 27 -- both former soldiers -- were convicted on September 8 by a military court in the Congo city of Kisangani for killing their driver on May 5. The two, who were in Kisangani either as ...

Norwegian and UK man fail in death appeal in DR Congo
Dec 03, 2009
A military tribunal in Kisangani rejected the plea and ordered them to pay $500m in damages before facing the death sentence. Joshua French, who holds joint British-Norwegian nationality, and Tjostolv Moland were also ...
May 26, 2010
The court in the original case said Moland and French were in possession of valid military service ID cards when they were arrested and as serving soldiers were thus the responsibility of the state. Oslo has rejected ...
Sep 08, 2009
A military court in Kisangani found Tjostolv Moland, 28, and Joshua French, 27, guilty on all charges, Norwegian TV2 reported. The court also ordered the pair to pay $60 million in damages. The men have five days to appeal ...
Apr 22, 2010
Both Joshua French, who also holds British citizenship, and Tjostolv Moland had previously served in Norway's military but Oslo has denied they were in active service when the incident occurred last May near the town of ...
Mar 31, 2010
Joshua and his friend Tjostolv Moland received multiple death sentences on 8 September 2009 for murder and espionage. Joshua, who has a Norwegian mother and British father, had been forced to sign a confession after ...
Apr 11, 2012
Despite significant doubts over their innocence and the fairness of their trial, co-defendants Joshua French and Tjostolv Moland, a Norwegian national known to his friends as Mike, lost their final appeal against charges of ...
Jun 25, 2010
Joshua French, 28, who also has British nationality, and Tjostolv Moland, 29, were sentenced to death June 10 by a military court in the northeastern DRC town of Kisangani. They were found guilty of the May 2009 murder of a ...
Jun 10, 2010
Joshua French, 28, who is also a British citizen, and Tjostolv Moland, 29, were convicted of murder, attempted murder, criminal conspiracy, armed robbery, and espionage, according to British legal charity Reprieve. Both men ...

Wednesday, April 11, 2012

Mother of Briton facing execution in Congo appeals to David Cameron

Joshua French
Prime Minister David Cameron has today been urged to take action in the case of Joshua French, a British national facing execution in the Democratic Republic of Congo.

Despite significant doubts over their innocence and the fairness of their trial, co-defendants Joshua French and Tjostolv Moland, a Norwegian national known to his friends as Mike, lost their final appeal against charges of murder and espionage on Thursday 10th June 2010. They now face execution by firing squad, sharing 11 death sentences between them.

President Kabila of the Democratic Republic of Congo now has the power to reduce the men's sentences and remove the possibility of execution. It is therefore vital that representations on Joshua’s behalf are now made at the highest levels of government; in particular, a clemency plea must come from Prime Minister himself to carry any weight.

In a letter to British Prime Minister David Cameron, Reprieve explains why it is now crucial that both he and Prime Minister Jens Stoltenberg of Norway get directly involved in the case, and supports the call of Joshua's mother Kari Hilde that this be done without further delay.

Joshua’s mother, Kari Hilde said: "The decision whether or not to take Joshua’s life is in the hands of President Kabila. It is now essential that both the Norwegian and the British Prime Minister become involved and ask, on behalf of their nations, that these young men be spared. I request of the British Prime Minister to ask His Excellency President Kabila for a full pardon for my son. My son and his friend face excecution or life imprisonment, which in reality means death, and they deserve the full and unwavering support of their governments."

French and Moland’s Norwegian lawyer Morten Furuholmen said: "Joshua and Mike are in real danger. It is time for our governments to ask their most senior officials to fight on behalf of these men. We have asked the Norwegian Prime Minister to get involved and it is essential that the British Prime Minister be part of these discussions. Together our Prime Ministers have a real chance of saving two lives. It is vital that they act now, before the wrong decision is made without them."

Harriet McCulloch, Reprieve investigator said: "There can be no greater duty, ultimately, for a politician than helping to save the life of a British citizen. The British and Norwegian Foreign Offices have been working hard, but Joshua and Mike are almost out of options. We can only expect Congo’s Head of State to treat this situation with the gravity it deserves if the Prime Minister shows his commitment."

Source: Reprieve, April 11, 2012

Related articles:
Mar 31, 2010
Military in the Democratic Republic of Congo holds 'show trial' appeal hearing for Joshua French, Briton facing execution, with neither Joshua nor his lawyer present. Briton Joshua French (pictured) was yesterday due to ...
Dec 03, 2009
A military tribunal in Kisangani rejected the plea and ordered them to pay $500m in damages before facing the death sentence. Joshua French, who holds joint British-Norwegian nationality, and Tjostolv Moland were also ...
Sep 08, 2009
A military court in Kisangani found Tjostolv Moland, 28, and Joshua French, 27, guilty on all charges, Norwegian TV2 reported. The court also ordered the pair to pay $60 million in damages. The men have five days to appeal ...
Sep 14, 2009
Tjostolv Moland, 28, and Joshua French, 27 -- both former soldiers -- were convicted on September 8 by a military court in the Congo city of Kisangani for killing their driver on May 5. The two, who were in Kisangani either as ...

Friday, June 25, 2010

Norwegians sentenced to death ask DR Congo for pardon

2 Norwegian ex-soldiers sentenced to death for murder and espionage in the Democratic Republic of Congo have written to President Joseph Kabila to ask for a pardon, their lawyer said Thursday.

"We have sent a plea for grace citing the extremely difficult conditions of their detention as well as family considerations," Norwegian lawyer Morten Furuholmen told AFP.

Joshua French, 28, who also has British nationality, and Tjostolv Moland, 29, were sentenced to death June 10 by a military court in the northeastern DRC town of Kisangani.

They were found guilty of the May 2009 murder of a Congolese driver of a vehicle they hired in the town, and of spying.

"The request is for a total pardon or, failing that, the commuting of the death penalty" to a prison term that could be served out in Norway, Furuholmen said.

French and Moland did not apologise in their letter for the crimes for which they were convicted, the advocate said.

"They have always said that they are innocent and so it would be illogical for them to apologise," he said.

The Norwegian government, which has always dismissed claims that the men were spies, has said it has received assurances from Congolese authorities that the death penalty would not be carried out.

The court also ordered the men and the Norwegian government to pay a fine of 60 million dollars (73.3 million dollars).

DR Congo has not carried out a death sentence since Kabila came to power in 2001, but has commuted such penalties to life imprisonment.

Source: Agence France-Presse, June 24, 2010

Thursday, June 10, 2010

2 Norwegians sentenced to death in Congo

London, England (CNN) -- Two Norwegians were sentenced to death Thursday in Congo, the Norwegian Foreign Ministry said, after what a human rights group called a "military show trial" that relied on evidence obtained through torture.

Joshua French, 28, who is also a British citizen, and Tjostolv Moland, 29, were convicted of murder, attempted murder, criminal conspiracy, armed robbery, and espionage, according to British legal charity Reprieve.

Both men have maintained their innocence.

Norway and Britain said Thursday they remain opposed to the death penalty and offered support to the men.

The two men traveled into Congo from Uganda on a motorbike trip in April 2009, Reprieve said. When their bike broke down in Kisangani, they hired a car and a driver, and two Congolese passengers joined them, the group said.

Several hours into the journey, in the middle of the rainforest, the driver was shot and killed, Reprieve said. Authorities allege French and Moland killed the driver, but both men maintain they were ambushed by gunmen.

Afraid for their lives, they fled into the dense jungle, Reprieve said. They were arrested separately in May 2009, the group said.

They were first sentenced to death last September. They lost their appeals but the Military High Court in Kinshasa quashed the sentences in April and sent the case back for a retrial, Reprieve reported.

Reprieve said there is no physical evidence against the men and the two witnesses who testified against them were given large sums of money in compensation and have changed their stories "countless" times.

The prosecution has also referred to statements obtained through torture, Reprieve said.

"This farce of a trial would be comical if the stakes weren't so tragically high," said Tineke Harris, the deputy death penalty director at Reprieve. "Each time the military prosecution changes their theory, the witnesses all obligingly change their story."

Harris urged the British and Norwegian governments to press Congo to provide a "credible civilian trial" for French and Moland and arrange for their repatriation.

A spokesman for the Norwegian Foreign Ministry told CNN the death sentences will not take effect until both men have exhausted their appeals.

"Norway is a strong opponent against the death penalty, and we have been communicating this stance to the relevant authorities," said spokesman Kjetil Elsebutangen. "We have received assurances from the authorities that the death sentence won't be carried out and we hold the authorities responsible for the well being of these two."

Norway has told Congo it wants to transfer both men to Norway, but it's not clear under what conditions that can take place, Elsebutangen said.

Britain's Foreign Office said it was "extremely disappointed" that French was sentenced to death.

"We will be doing everything we properly can to support him in the coming weeks and months," said a spokesman, who declined to be named in line with policy. "We are committed to supporting any British national who faces the death penalty and our prime concern in this case is to ensure that no execution is carried out."

Britain has made its concerns clear to the Congolese government, the spokesman added.

Reprieve said prosecution evidence includes photographs of two guns alleged to have been found on Moland's computer, but both guns have been traced to Norway and have never left Norway. The prosecution claims the maps, compass, and GPS system they were carrying proves they were spies, Reprieve said.

After his arrest, French was beaten, subjected to a mock execution, and forced to sign a confession, the group said.

The trial was held in French, a language neither man speaks, and no interpreter was provided for a large part of the trial, Reprieve said.

"For those hearings where an interpreter was present only a small part of what was said was translated, and even then mistakes were constantly made," the group said. "French said that when he told the court he worked in security, the interpreter translated it as he worked as a spy."

Reprieve said the men are also being tried in military courts, in violation of Congo's constitution, which says such courts may only handle cases involving the military or police.

Norwegian authorities deny that the two men, who are former soldiers, were ever involved in spying for Norway, Reprieve said.

More here and here.

Source: CNN.com, June 10, 2010

Wednesday, May 26, 2010

Retrial for Norwegians sentenced to death in DRC

The retrial of 2 Norwegians sentenced to death in the Democratic Republic of Congo for killing their driver opened on Tuesday after a military high court overturned their sentence.

"The trial has begun. We started with the identification" of suspects Tjostolv Moland, 29, and Joshua French, 28, the lawyer Jean Akombo, who represents the victim's family, told AFP.

The suspects were condemned to death last year by a military court in the northeastern city of Kisangani but a higher military court in the capital Kinshasa in April overturned the verdict over "irregularities".

The case led to a diplomatic spat with Oslo when Norway was named a co-defendant in the trial after the men were accused of spying in the mineral-rich Orientale province, and the state was ordered to pay 500 million dollars (300 million euros) in reparations to Kinshasa.

The men, both former soldiers, were also ordered to pay more than a million dollars to the victim's family and work colleagues.

The court in the original case said Moland and French were in possession of valid military service ID cards when they were arrested and as serving soldiers were thus the responsibility of the state.

Oslo has rejected accusations of spying.

The men had their appeal against the death sentence turned down last December, after which a London-based lawyer for the pair submitted a formal request to President Joseph Kabila for a pardon.

DR Congo has not carried out a death sentence since Kabila came to power in 2001, but commuted such penalties to life imprisonment.

The 2, who were in Kisangani either as tourists or on business depending on varying reports, have said their driver was killed by bandits.

After the initial sentence, Norway said it had received assurances that the Congolese government would not apply the death penalty and that Kinshasa would investigate the possibility of the men serving part of their sentences in Norway.

Source: Agence France-Presse, May 26, 2010

Thursday, April 22, 2010

Congo court overturns death sentence for Norwegians

KINSHASA (Reuters) - Congo's military high court has overturned the death sentence handed down to two Norwegians convicted of murder, espionage and conspiracy last year after their driver was found dead in the jungle.

Both Joshua French, who also holds British citizenship, and Tjostolv Moland had previously served in Norway's military but Oslo has denied they were in active service when the incident occurred last May near the town of Kisangani.

"The higher military court accepts the request of the defendants, annuls the decision in all its aspects and sends the case back to the military court of Province Orientale," said Colonel Bassolo Yeliambela, the lead judge in the case.

Yeliambela said the top military court in Kinshasa wanted new judges in the court in Kisangani, where the trial originally took place, to reassess the case.

The Kisangani court in December upheld the death penalty against the Norwegians and ordered the Oslo government to pay more than $500 million in damages.

Norway had rejected the spying charges and said it would do all it could via diplomatic channels to block any execution.

"We're happy that the judges considered the arguments we developed before them and annulled the decision by the Kisangani military court, which was riddled with errors never seen in the history of mankind," said Andre Kibambe, Moland's lawyer.

Congolese lawyers had said that it would have been unlikely for the pair to be executed because, while human rights abuses are rampant in Congo, President Joseph Kabila has commuted death sentences since 2003.

Nonetheless, the trial grabbed the attention of the media and fuelled speculation over what the pair were doing in a part of Congo that has suffered years of conflict but is starting to entice investors looking to tap into untouched oil reserves.

Source: reuters, April 22, 2010

Wednesday, March 31, 2010

Military in the Democratic Republic of Congo holds ‘show trial’ appeal hearing for Joshua French

Military in the Democratic Republic of Congo holds ‘show trial’ appeal hearing for Joshua French, Briton facing execution, with neither Joshua nor his lawyer present.

Briton Joshua French (pictured) was yesterday due to plead for his life in an appeal hearing at the Military High Court in Kinshasa, Democratic Republic of Congo.

Instead, both Joshua and his lawyer were trapped hundreds of miles away in Kisangani, eastern DRC, while the hearing went ahead without them.

Their absence was due to the Court’s failure to give Joshua’s legal team adequate notice, informing them of the crucial hearing only last Friday. Because Joshua’s defence lawyer is based in Kisangani, where Joshua is imprisoned, he relies on UN flights to Kinshasa which must be booked at least five days in advance -- a fact that can hardly be unknown to the Court. A judgment will be handed down within eight days.

Reprieve’s Director Clive Stafford Smith said: "Like the rest of the proceedings against Joshua, yesterday's appeal was a mockery of justice. He was not present, his lawyer was not given sufficient notice to be present. To paraphrase the famous Irishman, a system where they hold appeals in absentia really only has the right to carry out executions in absentia. The government must continue to make every effort to get this man basic fairness."

Joshua and his friend Tjostolv Moland received multiple death sentences on 8 September 2009 for murder and espionage. Joshua, who has a Norwegian mother and British father, had been forced to sign a confession after being beaten and subjected to a mock execution. Joshua is receiving assistance from Norwegian lawyers Morten Furuholmen and Marius Dietrichson, together with Parvais Jabbar and Saul Lehrfreund of the Death Penalty Project and Reprieve.

For more information please contact Katherine O’Shea at Reprieve’s Press Office katherine.oshea@reprieve.org.uk 020 7427 1099/ 07931592674 or visit www.reprieve.org.uk/joshuafrench.

Case background:

At the end of April last year Joshua French and his co-defendant Tjostolv Moland travelled to the DRC from Uganda on a motorbike trip. When their motorbike broke down in Kisangani they hired a car and a driver, Abedi Kasongo, to drive them to Beni where they had a friend who would be able to take them back to Uganda. Two Congolese passengers travelled with them. Several hours into the journey, in the middle of the rainforest, the driver, Kasongo, was shot and killed.

The authorities allege that French and Moland killed Kasongo, but both men maintain that they were ambushed by gunmen. The authorities also allege that French and Moland are Norwegian spies, and that the maps, compasses, GPS system, mobile phones and cameras they were carrying prove this. After his arrest, French, who has a Norwegian mother and British father, was forced to sign a confession after being beaten and subjected to a mock execution.

On 8 September 2009 French and Moland were sentenced to multiple death sentences for murder and espionage. These sentences were upheld on appeal on 3 December 2009. The Appeal Court also ordered French, Moland and Norway to pay the DRC US$ 500 million in damages. Both the trial and appeal were held in French, a language which neither French nor Moland understands. Large parts of the proceedings were not translated and at the appeal verdict hearing the judge told the interpreter to stop translating because “it was taking too long”.

Over time the State’s case has changed drastically. As evidence, the prosecution has produced photographs of two guns – both photographs were taken in Norway and neither weapon has ever left Norway. During the appeal Moland was suffering from cerebral malaria. He was extremely ill and was hallucinating. The prosecution allege that during this time he wrote a letter confessing that he was a spy and that he killed Kasongo. This letter has not been disclosed to the defence. An independent panel of doctors instructed by the court concluded that Moland was suffering from a psychosis and recommended that he be referred to a neuro-psychiatrist. This was ignored by the Court. The judge even accused Moland’s doctor of poisoning him and had him arrested.

Both men are former soldiers. French was born in Norway but lived in the seaside town of Margate, Kent as a child. He moved back to Norway when his parents divorced, but returned to the UK aged 20 and served in the British Army. He also served in the Norwegian Army where he met Moland. They both left the Norwegian Army in 2007 and worked as security guards in various places, including the Gulf of Aden where they worked guarding against pirates.

French and Moland are being tried in the military courts - a clear violation of the DRC’s own constitution, which stipulates that the jurisdiction of the military courts is limited to offences committed by members of the armed forces and the national police. Military courts trying civilian cases is far from uncommon in the DRC, however, and the military courts claim they have jurisdiction over any offence involving firearms regardless of whether the defendants are military or civilian. The right to a fair trial is constantly violated and judges and generals regularly abuse their power.

Prison conditions in DRC are appalling; cells are extremely small for the number of prisoners they hold and many cells have no windows, lights, electricity, running water or toilet facilities. Health care is inadequate and infectious diseases are rampant. Both men have caught malaria several times.

Source: REPRIEVE, March 31, 2010

Thursday, December 3, 2009

Norwegian and UK man fail in death appeal in DR Congo


A Norwegian and a former British soldier sentenced to death for espionage and murder of a taxi driver in DR Congo have lost their appeal.

A military tribunal in Kisangani rejected the plea and ordered them to pay $500m in damages before facing the death sentence.

Joshua French, who holds joint British-Norwegian nationality, and Tjostolv Moland were also accused of spying.

Their only remaining option is to appeal before the military high court.

French, 27, and Moland, 28, were convicted to death by firing squad for murder by a military tribunal on 8 September.

They were also charged with espionage and arms smuggling.

'Miscarriages of justice'

The ruling drew immediate international protests.

Norway condemned the verdict and said it would complain to the government of DR Congo.

"Norway is a fundamental opponent of the death penalty, and I will as soon as possible contact the DR Congo foreign minister to relay this message, " said Foreign Minister Jonas Gahr Stoere in a statement.

The human rights group Reprieve claims the two men have suffered a series of miscarriages of justice since their arrest, reported the Press Association news agency.

"Today, in the farce that substitutes for military justice in the DRC, the judge wanted to dispense with translators," said Reprieve director Clive Stafford Smith.

"Apparently Joshua French did not have to understand the process that led to his death sentence," said the director.

"The 'legal process' has so far included torturing Joshua, parading him around town in front of lynch mobs, and forcing him to sign statements under threat of death."

"Witnesses who testified against the pair received $5,000 each in compensation in a country where people earn about $3-4 a day."

Mr Stafford Smith ended with a plea to the British government to "redouble its efforts to end this nightmare."

British roots

French was born in Norway to a British father and Norwegian mother, and lived in Margate, Kent, as a child.

He moved back to Norway when his parents divorced, but returned to the UK aged 20 and served in the British Army.

Along with Moland, he has been detained since May this year after the pair's Congolese driver was found shot dead in the north-east of the country.

Both men deny murdering Abedi Kasongo, 47, maintaining that he was shot and killed when their car was ambushed by gunmen on the road near the city of Kisangani.

Source: BBC News, December 3, 2009

Monday, September 14, 2009

Congo: the two Norwegians will not be executed

September 9, 2009: The Democratic Republic of Congo government has given assurances that two Norwegians sentenced to death for murder and spying would not be executed, Norway's foreign ministry said.

Foreign Minister Jonas Gahr Stoere received assurances from his Congo counterpart Alexis Thambwe Mwamba in a telephone conversation, the ministry said in a statement.
"He assured Mr Stoere that the two men would not under any circumstances be executed even if the verdict is upheld," it said.

"The Congolese government has adopted a moratorium on the death penalty and capital punishment is no longer applied in the country," it said.

Tjostolv Moland, 28, and Joshua French, 27 -- both former soldiers -- were convicted on September 8 by a military court in the Congo city of Kisangani for killing their driver on May 5.

The two, who were in Kisangani either as tourists or on business depending on varying reports, have said their driver was killed by bandits.

Norway has denounced the death sentence.

The two were also found guilty of illegal arms possession and armed robbery. One of the pair was also found guilty of the attempted murder of two other people. "Minister Mwamba also said the Democratic Republic of Congo would be open to a discussion on the possibility of serving part of the (final) sentence in Norway," the Norwegian statement said.

Oslo has rejected the allegations of spying, for which it has been ordered by the court to pay 60 million dollars in reparations. "I reiterated that the two Norwegian have no ties to the Norwegian authorities," Stoere said.

According to Norwegian television TV2 Nyhetskanalen, the two men lodged an appeal on September 8.

Stoere added that he had agreed to meet with his Congolese counterpart on the sidelines of the UN General Assembly this month in New York, and recalled that Congolese authorities were responsible for the safety of the two men.

Source: Afp, 09/09/2009

Tuesday, September 8, 2009

Two Norwegian citizens sentenced to death in Congo

(CNN) -- Two Norwegian citizens were sentenced to death Tuesday in the Democratic Republic of the Congo for espionage, murder and attempted murder, Norway's Ministry of Foreign Affairs has confirmed to CNN.

Joshua French and Tjostolv Moland have been sentenced to death and have five days to appeal.
Asked about the sentence, Lambert Mende Omalanga, Congo's minister of communications, told CNN, "We don't have a habit of commenting on judicial decisions."

However, Omalanga said, his country has not carried out the death penalty in 10 years. He said lawmakers in parliament are in the process of trying to take the law off the books.

A military court in Kisangani found Tjostolv Moland, 28, and Joshua French, 27, guilty on all charges, Norwegian TV2 reported. The court also ordered the pair to pay $60 million in damages.

The men have five days to appeal their sentence, the Norwegian Ministry of Foreign Affairs told CNN. It was not clear why the men were in Congo.

"I have earlier made absolutely clear that these two have not been conducting business for Norway in any shape or form," Norwegian Minister of Foreign Affairs Jonas Gahr Store told Norwegian state television NRK after the verdict.

"We will now read through the sentence to see exactly how it is written," Store added.

Norwegian authorities have been following the trial closely on television, and have tried to keep a balance between respecting the judicial system of a different country and helping Norwegian citizens in trouble, Store told NRK.

The two men were found guilty of spying for Norway and for killing a driver in May, according to NRK.

In an earlier statement on the Norwegian Ministry of Foreign Affairs Web site, the ministry said that if the two Norwegians were to receive the death penalty, Norwegian authorities would immediately try to seek assurances from Congolese authorities that the death sentence would not be carried out.

"Norway has a very strong stand on the death penalty, and we are very much against it," a Ministry of Foreign Affairs spokeswoman told CNN.

Images on NRK TV showed that after the sentence against the two men was read, applause broke out in the courtroom.

Source: CNN.com, September 6, 2009