PROCEEDINGS IN THE DRC
Under pressure from civil society, the Congolese authorities opened an investigation to shed light on the events that occurred in June 2010. The investigation led to the indictment of eight police officers, including Mwilambwe. However, no criminal charges were filed against Numbi, who was merely suspended as he benefitted from immunity due to his role in the police force.
In June 2011, a trial against the eight policemen was initiated before the Military Court of Kinshasa. Mwilambwe, along with two other accused were tried in absentia as they have fled the country.
On 23 June 2011, the court reached its verdict. The court acquitted three policemen. The others, including Mwilambwem were found guilty of murder of Chebeya and enforced disappearance of Bazana, whose body was still missing at that time. Four persons were sentenced to death, including Mwilambwem one person was sentenced to life imprisonment.
In 2015, the High Kinshasa Military Court acquitted four of the accused previously sentenced to death citing lack of evidence. The sentence of the person sentenced to life imprisonment was reduced to 15 years of imprisonment.
PROCEEDINGS IN SENEGAL
On 2 June 2014, the victims filed a complaint in Senegal against Mwilambwe for acts of torture, on the grounds of the universal jurisdiction conferred upon Senegalese judicial bodies by the law of 12 February 2007. According to this law, Senegalese tribunals have universal jurisdiction over any person accused of torture provided that this person is on the Senegalese territory, regardless of the nationality of that person or that of the victim, and irrespective of the place of commission of the crime.
In August 2014, the Senegalese authorities opened an official investigation. Mwilambwe was heard by an examining magistrate concerning the murder of Chebeya and Bazana. Mwilambwe defended himself by claiming that he had been obliged to obey superior orders issued by Numbi.
On 8 January 2015, the Senegalese justice confirmed the indictment of Mwilambwe, and placed the accused under judicial supervision in Dakar. In June 2015, Guylain Bazana, son of Fidèle Bazana, was also heard by the Senegalese authorities.
In April 2017, lawyers representing civil parties in the Senegalese proceedings asked the examining magistrate to add to the file several pieces of evidence gathered in the proceedings in the DRC.
The investigation is still ongoing in Senegal. In 2019, new evidence submitted by civil parties is being examined by the examining magistrate.