Address https://gelex.eu/eli/EU/decision/2017/905@2017-05-29/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
3. ANNEX
4. ANNEX

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, and in particular Article 6(2) 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 12 December 2016, the Council adopted Decision (CFSP) 2016/2231 in response to the obstruction of the electoral process and the related human rights violations in the Democratic Republic of the Congo (DRC). On 6 March 2017, the Council adopted conclusions expressing its deep concern at the political situation in DRC caused by the blockage in the implementation of the inclusive political agreement of 31 December 2016, as well as by the security situation in several parts of the country, where the disproportionate use of force has been observed.

(3) In view of the gravity of the situation in DRC, nine persons should be added to the list of persons and entities subject to restrictive measures in Annex II to Decision 2010/788/CFSP.

(4) Annex II to Decision 2010/788/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex II to Decision 2010/788/CFSP is amended as 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, 29 May 2017. For the Council The President C. Cardona

ANNEX

ANNEX

The following persons are added to the list of persons and entities set out in Annex II to Decision 2010/788/CFSP:

A.

Persons Name Identifying information Grounds for designation Date of listing 8. Evariste Boshab, former Vice Prime Minister and Minister of Interior and Security a.k.a Evariste Boshab Mabub Ma Bileng. DOB: 12.1.1956. POB: Tete Kalamba (DRC). Diplomatic passport number: DP 0000003 (valid: 21.12.2015 — expiry: 20.12.2020). Schengen visa expired on 5.1.2017. DRC nationality. 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 coordinating the work of provincial governors. In this 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 was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. 29.5.2017 9. Gédéon Kyungu Mutanga DOB: circa 1974 in Tanganyika province. DRC nationality. As he was the leader of the Bakata Katanga militia between 2011 and 2016, Gédéon Kyungu Mutanga was involved in serious human rights violations and war crimes such as killings and attacks against civilians, notably in rural zones of the Katanga region. Gédéon Kyungu Mutanga is currently the leader of an armed group involved in human rights abuses in the Kasai Province and supporting governmental forces committing human rights violations. Gédéon Kyungu Mutanga has therefore been involved in planning, directing, or committing acts that constitute serious human rights abuses or violations in DRC. 29.5.2017 10. Alex Kande Mupompa, Governor of Kasai Central a.k.a Alexandre Kande Mupomba; Kande-Mupompa. DOB: 23.9.1950. POB: Kananga (DRC). DRC passport number: OP 0024910 (valid: 21.3.2016 — expiry: 20.3.2021). Address: Messidorlaan 217/25, 1180 Uccle, Belgium DRC and Belgian nationalities. As Governor of Kasai Central, Alex Kande Mupompa is responsible for the ongoing disproportionate use of force, violent repression and extrajudicial killings committed by security forces and the PNC in Kasai Central from 2016, including the alleged unlawful killings of Kamiuna Nsapu militia members and civilians in Mwanza Lomba, Kasai Central, in February 2017. Alex Kande Mupompa was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. 29.5.2017 11. Jean-Claude Kazembe Musonda, former Governor of Haut-Katanga DOB: 17.5.1963. POB: Kashobwe (DRC). DRC nationality. As Governor of Haut Katanga until April 2017, Jean-Claude Kazembe Musonda was responsible for the disproportionate use of force and violent repression committed by security forces and the PNC in Haut Katanga, including between 15 and 31 December 2016, when 12 civilians were killed and 64 were injured as a result of the use of lethal force by security forces including PNC agents in response to protests in Lubumbashi. Jean-Claude Kazembe Musonda was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. 29.5.2017 12. Lambert Mende, Minister of Communications and Media, and spokesperson of the Government a.k.a Lambert Mende Omalanga. DOB: 11.2.1953. POB: Okolo (DRC). Diplomatic passport number: DB0001939 (issued: 4.5.2017 — expiring: 3.5.2022). DRC nationality. As Communications and Media Minister since 2008, Lambert Mende is responsible for the repressive media policy applied in DRC, which breaches the right to freedom of expression and information and undermines a consensual and peaceful solution towards elections in DRC. On 12 November 2016, he adopted a decree limiting the possibility for foreign media outlets to broadcast in the DRC. In breach of the political agreement settled on 31 December 2016 between the presidential majority and opposition parties, broadcasts have not resumed for a number of media outlets as at May 2017. In his capacity as Communications and Media Minister, Lambert Mende is therefore responsible for obstructing a consensual and peaceful solution towards elections in DRC, including by acts of violence, repression or inciting violence, or by undermining the rule of law. 29.5.2017 13. Muhindo Akili Mundos, FARDC Commander 31st Brigade a.k.a Charles Muhindo Akili Mundos; Charles Muhindo Akilimani Mundos. DOB: 10.11.1972. POB: Kirotse (DRC). Military ID number: 1-72-96-80384-52. DRC nationality. Muhindo Akili Mundos was the FARDC commander of the Sukola I operation responsible for military operations against the ADF from August 2014 to June 2015. He recruited and equipped former fighters from a local armed group to participate in extrajudicial killings and massacres that began in October 2014. Muhindo Akili Mundos was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. 29.5.2017 14. Brigadier General Eric Ruhorimbere, Deputy Commander of the 21st military region (Mbuji-Mayi) a.k.a Eric Ruhorimbere Ruhanga;Tango Two; Tango Deux. DOB: 16.7.1969. POB: Minembwe (DRC). Military ID number: 1-69-09-51400-64. DRC nationality. As Deputy Commander of the 21st military region since 18 September 2014, Eric Ruhorimbere was responsible for the disproportionate use of force and extrajudicial killings perpetrated by FARDC forces, notably against the Nsapu militia and women and children. Eric Ruhorimbere was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. 29.5.2017 15. Ramazani Shadari, Vice Prime Minister and Minister of Interior and Security a.k.a Emmanuel Ramazani Shadari Mulanda; Shadary. DOB: 29.11.1960. POB: Kasongo (DRC). DRC nationality. As Vice Prime Minister and Minister of Interior and Security since 20 December 2016, Ramazani Shadari is officially responsible for the police and security services and coordinating the work of provincial governors. In this capacity, he is responsible for the recent arrests of activists and opposition members, as well as the disproportionate use of force since his appointment, such as the violent crackdown on members of the Bundu Dia Kongo (BDK) movement in Kongo Central, the repression in Kinshasa over January-February 2017 and the disproportionate use of force and violent repression in Kasai provinces. In this capacity, Ramazani Shadari is therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. 29.5.2017 16. Kalev Mutondo, Head (formally Administrator-General) of the National Intelligence Service (ANR) 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. Passport number: DB0004470 (issued: 8.6.2012 — expires: 7.6.2017). As long-term Head of the National Intelligence Service (ANR), Kalev Mutondo is involved in and responsible for the arbitrary arrest, detention and mistreatment of opposition members, civil society activists and others. He has therefore undermined the rule of law and obstructed a consensual and peaceful solution towards elections in DRC, as well as planning or directing acts that constitute serious human rights violations in DRC. 29.5.2017

Versions

1. 2017-05-29

Cited by

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  On 29 May 2017, the Council adopted, on the basis of, inter alia, Article 31(2) TEU and Article 6(2) of Decision 2010/788, Implementing Decision (CFSP) 2017/905 implementing Decision 2010/788 (OJ 2017 L 138 I, p. 6). On the same date, the Council adopted Implementing Regulation (EU) 2017/904 implementing Article 9(2) of Regulation No 1183/2005 (OJ 2017 L 138 I, p. 1).

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  Recital 2 of Implementing Regulation 2017/904 and Implementing Decision 2017/905 reads as follows: On 12 December 2016, the Council adopted Decision (CFSP) 2016/2231 in response to the obstruction of the electoral process and the related human rights violations in the Democratic Republic of the Congo (DRC). On 6 March 2017, the Council adopted conclusions expressing its deep concern at the political situation in DRC caused by the blockage in the implementation of the inclusive political agreement of 31 December 2016, as well as by the security situation in several parts of the country, where t

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  The applicant’s name was added by Implementing Decision 2017/905 to the list of persons and entities set out in Annex II to Decision 2010/788 (the list at issue) and by Implementing Regulation 2017/904 to the list of persons and entities set out in Annex Ia to Regulation No 1183/2005.

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  In Annex II to Decision 2010/788, as amended by Implementing Decision 2017/905, and in Annex Ia to Regulation No 1183/2005, as amended by Implementing Regulation 2017/904, the Council justified adoption of the restrictive measures against the applicant on the following grounds: As Governor of Kasai Central, Alex Kande Mupompa is responsible for the ongoing disproportionate use of force, violent repression and extrajudicial killings committed by security forces and the PNC in Kasai Central from 2016, including the alleged unlawful killings of Kamiuna Nsapu militia members and civilians in Mwanz

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  On 30 May 2017, the Council published in the Official Journal of the European Union a notice for the attention of the persons subject to the restrictive measures provided for in Decision 2010/788, as implemented by Implementing Decision 2017/905, and in Regulation No 1183/2005, as implemented by Implementing Regulation 2017/904, concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 C 169, p. 4). The notice stated, inter alia, that the persons concerned could submit a request to the Council before 1 October 2017, together with supporting documentation, to have it

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  By application lodged at the Court Registry on 22 August 2017, the applicant and seven other persons brought an action for, in essence, annulment of Implementing Regulation 2017/904 and Implementing Decision 2017/905, in so far as those acts concerned them. That action was registered as Case T‑582/17.

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  In the instant case, it should be noted that the purpose of Decision 2017/2282 is to ensure the continued inclusion of the applicant’s name on the list at issue, while retaining the grounds relied on by the Council in Implementing Decision 2017/905, which amended Decision 2010/788, when his name was initially included on the list. By Implementing Decision 2018/569, the Council updated the grounds for including the applicant’s name on the list at issue.

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  Consequently, the applicant could not reasonably have been unaware that when, by the contested decisions, the Council essentially confirmed the grounds for the initial inclusion of his name on the list at issue, decided upon in Implementing Decision 2017/905, it referred to the fact that, in the light of his duties as Governor of Kasai Central until October 2017, he had de facto power to influence directly the security forces and the PNC in that province, which were said to have been involved in the acts of violence mentioned above.

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  The Council disputes those arguments, stating that Decision 2017/2282 is based on the same grounds as those justifying the initial inclusion of the applicant’s name on the list at issue, under Implementing Decision 2017/905. It follows that the Council was under no obligation to hear the applicant before adopting Decision 2017/2282. Furthermore, in its observations on the statement of modification, the Council submits that the arguments put forward by the applicant in the application cannot be transposed to the request for modification since, during the procedure leading to the adoption of Imp

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  Therefore, although, by means of Decision 2017/2282, the Council renewed the restrictive measures against the applicant on grounds identical to those relied on in Implementing Decision 2017/905 for the initial inclusion of his name on the list at issue, the updated information referred to in paragraphs 73 and 74 above amounts to new evidence that was taken into account by the Council when it adopted Decision 2017/2282. Consequently, the Council should have sought the applicant’s observations on that information before adopting such a decision, in accordance with what has been stated in paragra

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  It is to be noted that, as recalled in paragraph 8 above, Article 3(2)(b) of Decision 2010/788, as amended by Decision 2016/2231, provides that restrictive measures are to be imposed on persons and entities involved in planning, directing or committing acts that constitute serious human rights violations or abuses in [the Democratic Republic of the Congo]. That is the basis on which Implementing Decision 2017/905 initially included the applicant’s name on the list at issue, on the ground that, as Governor of Kasai Central, he was responsible for the disproportionate use of force, violent repre

• Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B

  On 29 May 2017, the Council adopted, on the basis of Article 31(2) TEU and Article 6(2) of Decision 2010/788, Implementing Decision (CFSP) 2017/905 implementing Decision 2010/788 (OJ 2017 L 138 I, p. 6). On the same date, the Council adopted Implementing Regulation (EU) 2017/904 implementing Article 9(2) of Regulation No 1183/2005 (OJ 2017 L 138 I, p. 1). Those measures added the names of other natural persons to the list at issue and the list set out in Annex Ia to Regulation No 1183/2005, respectively.

• Judgment of the General Court (Seventh Chamber) 27 April 2022 Judgment · Grade B

  On 29 May 2017, the Council adopted, on the basis, inter alia, of Article 31(2) TEU and Article 6(2) of Decision 2010/788, Implementing Decision (CFSP) 2017/905 implementing Decision 2010/788 (OJ 2017 L 138 I, p. 6). On the same date, the Council adopted Implementing Regulation (EU) 2017/904, implementing Article 9(2) of Regulation No 1183/2005 (OJ 2017 L 138 I, p. 1).

• Judgment of the General Court of 26 March 2019 — Boshab and Others v Council (Case T-582/17) Notice · Grade B

  Common Foreign and Security PolicyRestrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the CongoList of persons and entities subject to the freezing of funds and economic resources and to the prohibition of entry and transitInclusion of the names of the applicants on the listRights of defenceRight to be heardObligation to state reasonsManifest error of assessmentRight to effective judicial protection2019/C 164/45Language of the case: French Applicants: Évariste Boshab (Kinshasa, Democratic Republic of the Congo) and the seven

• Action brought on 22 August 2017 — Boshab and Others v Council (Case T-582/17) Notice · Grade B

  Council Implementing Decision (CFSP) 2017/905 of 29 May 2017 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo;

• Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2010/788/CFSP, as implemented by Council Implementing Decision (CFSP) 2017/905 and Council Regulation (EC) No 1183/2005, as implemented by Council Implementing Regulation (EU) 2017/904 concerning restrictive measures against the Democratic Republic of the Congo 2017/C 169/05 Notice · Grade B

  The following information is brought to the attention of the persons that appear in the Annex to Council Implementing Decision (CFSP) 2017/905 and in the Annex to Council Implementing Regulation (EU) 2017/904 concerning restrictive measures against the Democratic Republic of the Congo. The Council of the European Union has decided that the persons that appear in the abovementioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Council Decision 2010/788/CFSP and in Council Regulation (EC) No 1183/2005 concerning restrictive measure