Widespread outcry as Congo initiates judicial probe against Cardinal Ambongo

The National Episcopal Conference of the Congo (CENCO) urged for calm after a letter from the country’s chief prosecutor directing the attorney general of Kinshasa’s Matete disctrict court to initiate a judicial investigation against Cardinal Fridolin Ambongo of Kinshasa was published online.

The letter, dated April 27, accused Cardinal Ambongo, who openly criticized government authorities, of « seditious remarks » that « discourage the soldiers of the armed forces of the republic » and incite « mistreatment by rebels and other invaders. 

« CENCO is closely following this situation and calls for calm on all sides, as the case is being handled responsibly with the competent authorities, in accordance with the legal texts of the country, including the framework agreement between the Democratic Rebublic of the Congo and the Holy See, » wrote Father Donatien Nshole, Secretary General and spokesperson of CENCO in a statement April 30. The statement noted that since April 28, the Congolese bishops have received numerous responses, particularly from the faithful and various civil society organizations. 

Father Nshole also confirmed that the Archdiocese of Kinshasa received a letter from the prosecutor’s office. « However, it arrived during his absence, given that the Archbishop of Kinshasa, as president of the Symposium of Episcopal Conferences of Africa and Madagascar, was abroad from April 23 to 26, as confirmed by immigration services. This is therefore not a refusal to respond to the invitation in question nor a lack of consideration for Justice, » said the CENCO spokesperson.

Reactions

Reactions to the announcement of the judicial investigation against Cardinal Ambongo have been swift. The Protestant lay movement « Alternative for Laypeople Engaged in Total Re-foundation of the State » released posters supporting Cardinal Ambongo with slogans: « Do not touch the voice of the people, the voice of the voiceless. »

Jean-Claude Katende, president of the African Association for Human Rights Defense, said the investigation was an attempt to impose a single thought and instill terror. « Attacking this man shows that we are all in danger! Anyone who dares to criticize the governance of the country will be arrested, » he warned.

About the Framework Agreement

For Martin Fayulu, an opposition leader, the Félix Tshisekedi regime  and its persecution against the cardinal sets a dangerous precedent for the country. « Considering taking legal action against Cardinal Ambongo is the last straw, » he said.

Another opponent, Moïse Katumbi, also voiced his disapproval: « This policy of intimidating the Church, whose role is precisely to be the voice of the oppressed, is totally unacceptable. This intolerable attack on the Catholic Church recalls the darkest hours of our country’s tragic history, marked by authoritarian regimes that ruthlessly targeted Cardinals Joseph Malula and Laurent Monsengwo, staunch defenders of truth, justice, and good governance. »

DR-Congo is bound by the 2016 framework agreement with the Holy See on issues of common interest and the respective independence and autonomy of the Church and State. The agreement includes 21 articles and sets the framework for collaboration and good relations between the two states, establishing the legal position of the Catholic Church in the civil sphere. 

Master Willy Wenga, a lawyer at the La Gombe Bar, explained: « The framework agreement is very clear in its Article 8, which stipulates that members of the Catholic Church are subject to the jurisdiction of common law courts for offenses committed by them. However, for any denunciation, information, legal or administrative proceedings concerning a cleric, a religious brother or sister, and based on possible behaviors incompatible with civil or penal laws, except in cases of flagrante delicto, before initiating public action, judicial authorities confidentially inform the bishop of the residence of the person concerned or that of the place of commission of the acts, if it is difficult to communicate with the former, the reasons for these proceedings. »

Wenga specified, however, that in the case of a bishop or a priest exercising in an equivalent jurisdiction, « prior authorization from the general prosecutor’s office of the Republic is necessary, and the Holy See will be immediately informed by the Congolese authorities via the apostolic nunciature. »