Trial and conviction of Joshua French and Tjostolv Moland

Last updated

The trial and conviction of Joshua French and Tjostolv Moland followed their arrest in May 2009, and their being charged with killing their hired driver, 47-year-old Abedi Kasongo, on May 5, 2009, at Bafwasende, Tshopo District, Orientale Province, Democratic Republic of Congo. [1] French was arrested on May 9 in the Epulu game reserve, around 200 kilometres (120 mi) from Kisangani. Moland was arrested two days later in the Ituri Province, a few hundred kilometres farther northeast. [2]

Contents

After their arrest, French and Moland were charged with killing Kasongo on the Ituri Road, in the vicinity of the 109-kilometre marker between Kisangani and the Ugandan border. [3] Additional charges against the two included attempted murder of a witness, espionage, armed robbery and the possession of illegal firearms. [4]

Their trial, held on August 14, was allowed to take place before a military court because firearms had been used in the crime. [2] However, according to Mirna Adjami, a local representative of the International Center for Transitional Justice, only Congolese police and army soldiers can be tried before a military tribunal; this raised questions as to the court's legitimacy. [5]

Norway's foreign minister Jonas Gahr Støre said in 2009, "We have to be realistic about what our Ministry of Foreign Affairs can do". [6] Representatives of the Ministry, including Thorleif Wangen (embassy secretary), observed the trials. [7] [8]

On 18 August 2013 Moland was found dead in his prison cell. [9]

On May 17, 2017 Joshua French was released from prison and was allowed to return to Norway on the grounds of humanitarian and health reasons. [10]

Defendants

French grew up in the municipality of Re in Vestfold county and has both Norwegian and British citizenship. Moland is from Vegårshei in Aust-Agder county.

Until 2006, French served in the Norwegian Armed Forces and was also enlisted in the British Army where he trained as a paratrooper. [11] In 2006, he was admitted to the Telemark Battalion, a Norwegian Army mechanised infantry unit, but was allegedly forced to resign in 2007 as he and his friend Moland were accused of having recruited military personnel into employment with private security companies. [12]

Moland also has a Norwegian Army background, having served in The King's Guard and later the Telemark Battalion, where he held the rank of second lieutenant before his resignation in 2007. [13] French and Moland later worked as security guards in several places, including pirate guards for a Korean company in the Gulf of Aden. French and Moland were also involved in security missions in various African countries, such as Angola, Sierra Leone, and lately in the Democratic Republic of the Congo. [14]

French and Moland were employed by SIG Uganda, a security company started by Moland. [15]

Prosecution evidence

During the criminal investigation, the Congolese authorities found Norwegian military ID cards, counterfeit United Nations caps, and employee ID badges with both the correct and false names of French and Moland. The employee badges were from a little-known security company named Special Interventions Group (SIG) which is owned by and mostly staffed by Norwegians [ citation needed ]. The investigators also found SIG-Uganda employee ID badges which bore the identical SIG logo and the false names of "John Hunt" and "Mike Callan" accompanying French and Moland's respective photographs. [4] During a raid on French and Moland's apartment, authorities also confiscated at least one rifle and a camera containing images of French and Moland on their recent travels in Africa. In one image, believed to have been taken by French, Moland is seen smiling as he washes what is alleged to be the blood of Abedi Kasongo from the inside of their car. French and Moland have said that Kasongo was murdered by gunmen who attacked them on a road. [16]

Two witnesses, Gina Kepo Aila and Kasimu Aradjabo, said they were both present during the killing. Both told the court that Moland shot Abedi Kasongo, while French threw himself over Gina Kepo Aila, whom he tried to kill. According to both witnesses, several shots were fired, most probably three. [17]

Verdict

On September 8, 2009, French and Moland were found guilty on all counts and sentenced to death. Along with the death sentence for both, the tribunal ordered the Norwegian government to pay a US$1 compensation to each Congolese citizen, an amount Judge Claude Disimo, head of the military tribunal, said totals more than US$60 million. [18] The prosecution had sought the death penalty for the five charges made against the men. [19] Norwegian authorities have denied that the men were involved in espionage for Norway, and have expressed concern they were not receiving a fair trial. [20] Initially the Congolese claims of compensation had amounted to more than US$500 billion. [21]

The men appealed their conviction on September 9, 2009. [22] According to Judge Claude Disimo, they will not be extradited back to Norway. [23] On April 22, 2010, the BBC reported that the convictions of French and Moland were overturned on the basis of flawed procedures at their military tribunal.

A new trial with different judges found them guilty of murder and espionage on June 10, 2010. They were again sentenced to death and the Norwegian State was ordered to pay $65m. [24]

Although it remains on the statute books, the death penalty is currently not applied in the Democratic Republic of the Congo. [2] The last known execution occurred in 2003, and today capital punishment is usually commuted to life imprisonment. [25]

Reaction

Norway immediately condemned the sentence and rejected the allegations of espionage. Foreign Minister Jonas Gahr Støre said the sentence was "completely unacceptable" and that he would protest to his Congolese counterpart. [2] "We wish to distance ourselves from the conviction of espionage on Norway's behalf," Støre said. "We also wish to distance ourselves from the court's decision that the Norwegian State is responsible for paying damages. Norway is not a party in this case." [23]

French and Moland's defence lawyer, Guillaume Likwela, said the verdict was flawed because the men were not given an interpreter for the trial, carried out in French language, which neither speaks. [2] A spokesman for the oil company Tullow Oil, which operates in the region, pointed out that French and Moland's "unprofessionalism and amateur behavior" were indicators that they were not foreign agents as the prosecutor claimed. [26] Øistein Mjærum, an advisor to former Norwegian prime minister Kjell Magne Bondevik, called the two defendants "idiots". [27] The case has been widely covered in the Norwegian media, which has described much of the evidence presented against French and Moland as "contradictory and seemingly absurd", such as the case with a photo of Rune Folkedal, a photographer in Drammens Tidende , a Norwegian regional newspaper, wearing a beret and pointing at Africa, in which Folkedal is named as French's and Moland's commander for their claimed operation in the Congo. [17] [28] There are, however, also indications that French and Moland received fairer treatment from the military tribunal than would have been the case with a civil court. The Swedish newspaper Dagens Nyheter reported a former political advisor to the UN peace mission to the Congo (MONUC) as saying that it appeared evidence existed for the charges and that the trial was procedurally correct. However, she was also quoted as saying that since the rule of law in the country leaves much to be desired, the verdict should be "taken with a grain of salt". [29]

Reprieve and Clive Stafford Smith are involved in the case, as of November 28, 2009. [30] After Moland's death in 2013, The Washington Post said that Reprieve has "sharply criticized the conviction of the two, pointing out there was no physical evidence against the men and that two people were paid to testify against them." [31]

John Mutchalwa has worked for Norway's Foreign Ministry in relation to the case,[ how? ] and has been ordered to stand trial,[ why? ] as of March 2011. [32]

The case was discussed again as part of the Democratic Republic of the Congo–Norway relations during meetings on April 1, 2011, and the following day between Gunvor Alida Endresen (Minister Counsellor at Norway's embassy in Angola) and authorities in Kinshasa. [32] The diplomat visited both prisoners on December 3, 2011 (after their transfer to Ndolo prison). [33] On May 17, 2017 Joshua French was released from prison and was allowed to return to Norway on the grounds of humanitarian and health reasons. [10]

Related Research Articles

<span class="mw-page-title-main">Mullah Krekar</span> Founder and 1st leader of the Islamic Emirate of Byara and Ansar al-Islam

Najmudin Vahid Faraj Ahmed, better known as Mullah Krekar, is an Iraqi Kurdish Sunni Islamic scholar and militant who was the founder and former leader of Islamist militant group Ansar al-Islam. He is currently serving a prison sentence in Italy, after having been extradited from Norway in 2020. He came to Norway as a refugee from Iraqi Kurdistan in 1991. His wife, Rukhosh Ahmad, and his four children have Norwegian citizenship, but not Krekar himself. He speaks Kurdish, Arabic, Persian, Norwegian and English.

<span class="mw-page-title-main">Telemark Battalion</span> Military unit

The Telemark Bataljon is a mechanised infantry battalion of the Norwegian Army. It was established in 1993, and is a part of Brigade Nord and stationed at Rena, Hedmark. The battalion consists of five companies/squadrons.

<span class="mw-page-title-main">Jonas Gahr Støre</span> 36th Prime Minister of Norway (born 1960)

Jonas Gahr Støre is a Norwegian politician who has served as the 36th and current Prime Minister of Norway since 2021 and has been Leader of the Labour Party since 2014. He served under Prime Minister Jens Stoltenberg as Minister of Foreign Affairs from 2005 to 2012 and as Minister of Health and Care Services from 2012 to 2013. He has been a Member of the Storting for Oslo since 2009.

<span class="mw-page-title-main">Norway–European Union relations</span> Bilateral relations

Norway is not a member state of the European Union (EU). However, it is associated with the Union through its membership of the European Economic Area (EEA), signed in 1992 and established in 1994. Norway was a founding member of the European Free Trade Association (EFTA) in 1960, which was originally set up as an alternative to the European Economic Community (EEC), the main predecessor of the EU. Norway had considered joining both the EEC and the European Union, but opted to decline following referendums in 1972 and 1994. According to the European Social Survey conducted in 2018, 73.6% of Norwegians would vote 'No' in a referendum to join the European Union. Norway has two land borders with EU member states: Finland and Sweden.

Thomas Lubanga Dyilo is a convicted war criminal from the Democratic Republic of the Congo (DRC) and the first person ever convicted by the International Criminal Court (ICC). He founded and led the Union of Congolese Patriots (UPC) and was a key player in the Ituri conflict (1999–2007). Rebels under his command have been accused of massive human rights violations, including ethnic massacres, murder, torture, rape, mutilation, and forcibly conscripting child soldiers.

<span class="mw-page-title-main">Harald Heide-Steen Jr.</span> Norwegian actor, comedian and singer

Harald Heide-Steen Jr. was a Norwegian actor, comedian and singer. He was the son of Harald Heide Steen.

<span class="mw-page-title-main">Fredrik Fasting Torgersen</span>

Fredrik Ludvig Fasting Torgersen was a Norwegian man who was convicted of murder in 1958 in a much-debated case, and released from prison in 1974.

Erik Andersen, also referred to in the media as The Pocket Man, is a convicted Norwegian child molester from Bergen. He was arrested in 2008, accused of molesting hundreds of children since 1976, and in 2010, he was convicted and sentenced to preventive detention with a minimum term of 9 years, with the possibility of extension for as long as he is deemed a danger to society. He was released in November 2014.

Carsten Thomassen was a Norwegian journalist, political commentator and war correspondent for the Norwegian daily newspaper Dagbladet. He had earlier covered the 2004 Indian Ocean earthquake from Thailand and Indonesia. He was killed in the 2008 Kabul Serena Hotel attack in Kabul, Afghanistan.

<span class="mw-page-title-main">Hadia Tajik</span> Norwegian politician

Hadia Tajik is a Pakistani-Norwegian jurist, journalist and politician from the Labour Party. She served as Minister of Labour and Social Inclusion from 2021 to 2022. She previously served as Minister of Culture from 2012 to 2013. She was 29 years of age at the time and became the youngest minister to serve in the Norwegian government. She is the first Cabinet member that is a Muslim. Tajik has served as a Member of Parliament representing Rogaland since 2017, and Oslo from 2009 to 2017. She was also the party's deputy leader from 2015 until 2022.

<span class="mw-page-title-main">Joshua French</span> Norwegian-born security contractor and former soldier

Joshua Olav Daniel Hodne French is a Norwegian-British man who was convicted of murder in the Democratic Republic of the Congo. He worked as a security contractor with his friend Tjostolv Moland when they were arrested in May 2009, and he was later convicted of attempted murder, armed robbery, the formation of a criminal association and espionage for Norway, of which he and Moland were found guilty and sentenced to death. In 2014 he was also convicted of the murder of Moland. He was released in 2017 after serving 8 years of his sentence, and returned to Norway.

Tjostolv Moland was a former Norwegian army officer and private security contractor or ex-mercenary arrested in May 2009 in the Democratic Republic of the Congo (DRC), and convicted of murdering their driver and espionage for Norway.

<span class="mw-page-title-main">Democratic Republic of the Congo–Norway relations</span> Bilateral relations

Democratic Republic of the Congo – Norway relations refer to the bilateral relations between Democratic Republic of the Congo and Norway. The Democratic Republic of the Congo is represented by a non-resident embassy in London. There are 1,930 DR Congolese people living in Norway. The Norwegian Ministry of Foreign Affairs discourages people to travel to the northern and eastern parts of the Congo.

<span class="mw-page-title-main">Hanne Nabintu Herland</span> Norwegian author (born 1966)

Hanne Stine Nabintu Herland is a Norwegian author, who hosts a website and Youtube channel both named the Herland Report. She has a master's degree in history of religions from the University of Oslo.

<span class="mw-page-title-main">Anders Behring Breivik</span> Norwegian far-right domestic terrorist

Fjotolf Hansen, better known by his birth name Anders Behring Breivik, is a Norwegian far-right domestic terrorist. He is known primarily for committing the 2011 Norway attacks on 22 July 2011, in which he killed eight people by detonating a van bomb at Regjeringskvartalet in Oslo, and then killed 69 participants of a Workers' Youth League (AUF) summer camp, in a mass shooting on the island of Utøya.

<span class="mw-page-title-main">Trond Birkedal</span> Norwegian politician

Trond Birkedal is a former Norwegian Progress Party politician who occupied a number of senior posts in his party, including as chairman of the Youth of the Progress Party and member of Progress Party's central executive committee and national board.

<span class="mw-page-title-main">1914 Jubilee Exhibition</span>

The 1914 Jubilee Exhibition took place in Kristiania, Norway, from May 5 to October 11, 1914. It marked the centennial anniversary of the 1814 constitution and focused on industry and agriculture. The main location was the grounds of Frogner Manor, in addition to a subsection on shipping at Skarpsno at Frognerkilen. The exhibition opened on 15 May, and was closed on 11 October 1914. The total number of visitors was more than 1.5 million. On 11 October, the final day, more than 100,000 visitors visited the exhibition.

Rune Øygard is a former Norwegian politician representing the Norwegian Labour Party, who served as mayor of Vågå from 1995 to 2012 when he was granted leave following his indictment for child sexual abuse in a much publicized case, the so-called Vågå case. On 17 December 2012, he was found guilty of child sexual abuse, including sexual intercourse with a 13-year-old girl, and sentenced to 4 years imprisonment. The same day, he resigned as mayor.

Events in the year 2013 in Norway.

Mordene i Kongo, theatrically as Congo, is a 2018 Norwegian crime film directed by Marius Holst and co-produced by Christian Fredrik Martin and Asle Vatn with South African producer Marlow De Mardt. The film stars Aksel Hennie and Tobias Santelmann in lead roles whereas Ine F. Jansen, Dennis Storhøi, Tone Danielsen and Anthony Oseyemi made supportive roles.

References

  1. ↑ DOMMEN fra ankesaken 3. December 2009 (norsk). Freefrenchandmoland.com (2009-09-08). Retrieved on 2013-08-19.
  2. 1 2 3 4 5 Congo court sentences Norwegians to death, AFP (via Google News), September 8, 2009.
  3. ↑ "Konkret holdt tiltalte på kilometerpunkt 109 på ITURI-veien, i territoriet BAFWASENDE, TSHOPO distrikt, i Østprovinsen i "
  4. 1 2 Congo Murder Trial of Two Norwegians Set to Begin on Friday, Private Military Herald, August 11, 2009.
  5. ↑ Nærland, Mina Hauge (2009-09-08). "- Ulovlig å dømme dem ved en militærdomstol". Dagbladet (in Norwegian). Retrieved 2009-09-09.
  6. ↑ : "«Vi må være realistiske på hva UD kan gjøre» sa utenriksminister Jonas Gahr Støre i mai"
  7. ↑ Nordmenn i utlandet krever «alt» - Norge - NRK Nyheter. Nrk.no. Retrieved on 2013-08-19.
  8. ↑ Moland og French er ikke de første nordmennene med dødsdom utenlands - kultur. Dagbladet.no (2010-10-14). Retrieved on 2013-08-19.
  9. ↑ - Orker ikke tenke på hvordan Josh har det
  10. 1 2 "Erna Solberg bekrefter: Joshua French er tilbake i Norge". 17 May 2017.
  11. ↑ Kjæresten min er ingen leiemorder, Dagbladet, May 27, 2009. (Norwegian).
  12. ↑ Tvunget ut av Forsvaret, Aftenposten, September 2, 2009. (Norwegian).
  13. ↑ Tjostolv Moland (28) og kameraten (27) flyktet inn i jungelen mens kulene suste rundt dem Archived 2011-06-05 at the Wayback Machine , Dagbladet, May 13, 2009. (Norwegian).
  14. ↑ French og Moland kjempet mot pirater i Adenbukta, Aftenposten, September 1, 2009. (Norwegian).
  15. ↑ "Røper hemmeligheten bak sikkerhetsselskap". 9 August 2009., Dagbladet , August 9, 2009 (Norwegian).
  16. ↑ Smith, David (September 1, 2009). "European 'mercenaries' face death penalty in Congo". The Guardian . London. Retrieved 2010-05-18.
  17. 1 2 (in Norwegian) Her er bevisene mot de drapstiltalte nordmennene, Dagbladet, August 25, 2009.
  18. ↑ Norwegians to die for Congo spying, The Daily Nation, September 8, 2009.
  19. ↑ Court in Congo sentences two Norwegians to death, Guardian, September 8, 2009]
  20. ↑ Norway pair face death in Congo, BBC News, September 8, 2009.
  21. ↑ Krokfjord, Torgeir (2009-08-27). "Staten Kongo krever 3038 milliarder kroner fra Norge og de tiltalte". Dagbladet (in Norwegian). Retrieved 2009-09-09.
  22. ↑ Krokfjord, Torgeir (2009-09-09). "Moland og French anker dødsdommen". Dagbladet (in Norwegian). Retrieved 2009-09-09.
  23. 1 2 Congo Sentences 2 Norwegians to Death, AP (via New York Times), September 9, 2009.
  24. ↑ "Second DR Congo court orders execution for Norwegians". BBC . 2010-06-10. Retrieved 2010-06-10.
  25. ↑ DR Congo: Death penalty / Document | Amnesty International
  26. ↑ De var åpenbart ikke profesjonelle Archived 2011-06-29 at the Wayback Machine , Aftenposten, September 6, 2009. (Norwegian).
  27. ↑ To norske idioter i Kongo, Aftenposten, September 9, 2009. (Norwegian).
  28. ↑ article from VG, in Norwegian.
  29. ↑ "Rättsprocessen mot norrmännen gick rätt till", Dagens Nyheter, September 9, 2009. (Swedish).
  30. ↑ Britisk UD er mye mer proffe enn norsk UD - nyheter. Dagbladet.no (2009-11-28). Retrieved on 2013-08-19.
  31. ↑ Lawyer: 1 of 2 Norwegians imprisoned in Congo since 2009 for murder of driver has died
  32. 1 2 Ny Kongo-rettssak kan ødelegge for Moland og French - nyheter. Dagbladet.no (2011-03-31). Retrieved on 2013-08-19.
  33. ↑ "UD på fengselsvisitt". Bergens Tidende (in Norwegian). 2011-12-04. p. 23. Alida Endresen fra den norske ambassaden i Angola besøkte lørdag ettermiddag Joshua French og Tjostolv Moland etter overflyttingen til Ndolo-fengselet i Kongos hovedstad.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.