forced to go to the gathering place where a big crowd of people were seated. Once there, instead of presenting the so-called “witches”, it was rather mistresses’ woman commonly called “deuxième bureau” that were presented to the public. It was thus that the women MAGUY, KAKASHE BATOWA, NSIMIRE JUSTINE, KUNGWA BABUNGA and CHANCE ALUMA were one after the other forced to strip naked in the middle of the crowd, to lay down on their backs, legs spread open with their knees raised; to insert a finger inside their vaginas while showing the public; to stand, bend over with their legs spread to show their buttocks to the public; to rip out their pubic hairs and to each fulfill a set fine of two pieces of gold and a hen for the first, a piece of gold and a hen for the second and a hen for the fourth. Outraged, the President of the Lugushwa civil society denounced these events in a letter with the subject being “scandalous barbaric acts, indecent assault, sexual violence within the Catholic Churches property on the 19/08/2009”, addressed to different bodies including the Lugushwa National Police Station. In light of this letter, the Lugushwa Police started an investigation that led to the filing of a criminal case at the office of the Chief Prosecutor of Kamituga, which ended with accused MUKWANDUME MOMBOLO being sentenced by the Uvira High Court, secondary headquarters of Kamituga as described above ; hence this appeal. The appellant did not identify any grievances against the judgment rendered; he simply limited himself to stating in his appeal that he did not accept the judgment RP 1203 in which he was sentenced to 5 years imprisonment in Kamituga, without giving motives to his refusal; When questioned about the charges against him during the course of the hearing for this case, the accused denied them on the grounds that he was in Kakangala the day of the events. However, he explained that it was because he met the young boys coming from the initiation at “Kirobilikiti” that this spirit had demanded that the women of the village be exorcised and that as traditional leader he had to take care of it. The Court notes that all the victims confirmed both during the Court hearing and before the first judge that the accused MUKWANDUME was present the day of the events and that it was he who led the operations by ordering them to strip naked in the manner described above. This statement is logically confirmed as by arguing that in his role of traditional leader he had to obey the order of the Kimbilikiti by organizing the traditional exorcism ceremony of the women of the village, he can no longer claim that he at Kakangala; Moreover, according to the lega custom, the Kimbilikiti spirit remains in the forest and is invited by the Mwami or guardian of customs at the time of rites or traditional ceremonies; however, by inviting this spirit in his capacity of Mwami and guardian of customs, the accused knew that acts of indecent assault were going to be committed and he should have taken preventative measures to avoid them. As for the events described, the Court notes that the accused did not contest their material status; the Court therefore adopted the qualification of indecent assault given by the first judge. Indeed, under the terms of article 167 of the Penal Code as is amended and supplemented by law N°06/018 of July 20 th

Sélectionner le paragraphe cible3