A military court in Congo handed down death sentences Friday to 37 people, including three Americans, after convicting them on charges of participating in a coup attempt.
The defendants, most of them Congolese but also including a Briton, Belgian and Canadian, have five days to appeal the verdict on charges that include attempted coup, terrorism and criminal association. Fourteen people were acquitted in the trial, which opened in June.
The open-air military court in the capital, Kinshasa, convicted the 37 defendants and imposed “the harshest penalty, that of death” in the verdict delivered in French by presiding Judge Maj. Freddy Ehuma. The three Americans, wearing blue and yellow prison clothes and sitting in plastic chairs, appeared stoic as a translator explained their sentence.
Richard Bondo, the lawyer who defended the six foreigners, disputed whether the death penalty could currently be imposed in Congo, despite its reinstatement earlier this year, and said his clients had inadequate interpreters during the investigation of the case.
"We will challenge this decision on appeal,” Bondo said.
The coup attempt
Six people were killed during the botched coup attempt led by the little-known opposition figure Christian Malanga in May that targeted the presidential palace and a close ally of President Felix Tshisekedi. Malanga was fatally shot while resisting arrest soon after live-streaming the attack on his social media, the Congolese army said.
Malanga’s 21-year-old son Marcel Malanga, who is a U.S. citizen, and two other Americans were convicted in the coup attempt. He told the court that his father had forced him and his high school friend to take part in the attack.
“Dad had threatened to kill us if we did not follow his orders,” Marcel Malanga said.
Other members of the ragtag militia recounted similar threats from the elder Malanga, and some described being duped into believing they were working for a volunteer organization.
Marcel's mother, Brittney Sawyer, maintains that her son is innocent and was simply following his father, who considered himself president of a shadow government in exile. In the months since her son's arrest, Sawyer has focused her energy on fund raising to send him money for food, hygiene products and a bed. He has been sleeping on the floor of his cell at the Ndolo military prison and is suffering from a liver disease, she said.
The other Americans are Tyler Thompson Jr., 21, who flew to Africa from Utah with the younger Malanga for what his family believed was a free vacation, and Benjamin Reuben Zalman-Polun, 36, who is reported to have known Christian Malanga through a gold mining company. The company was set up in Mozambique in 2022, according to an official journal published by Mozambique’s government, and a report by the Africa Intelligence newsletter.
Reactions in the US
U.S. State Department spokesman Matthew Miller told reporters in Washington on Friday that the federal government was aware of the verdict. The department has not declared the three Americans wrongfully detained, making it unlikely that U.S. officials would try to negotiate their return.
“We understand that the legal process in the DRC allows for defendants to appeal the court’s decision," Miller said. "Embassy staff have been attending these proceedings as they’ve gone through the process. We continue to attend the proceedings and follow the developments closely.”
Thompson had been invited on an Africa trip by the younger Malanga, his former high school football teammate in a Salt Lake City suburb. But the itinerary might have included more than sightseeing. Other teammates alleged that Marcel had offered up to $100,000 to join him on a “security job” in Congo, and they said he seemed desperate to bring along an American friend.
Thompson’s family maintains he had no knowledge of the elder Malanga’s intentions, no plans for political activism and didn’t even plan to enter Congo. He and the Malangas were meant to travel only to South Africa and Eswatini, his stepmother, Miranda Thompson, told The Associated Press.
The Thompsons' lawyer in Utah, Skye Lazaro, said the family is heartbroken over the verdict.
“We urge all who have supported Tyler and the family throughout this process to write to your congressmen and request their assistance in bringing him home," Lazaro said.
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Utah’s U.S. Sens. Mitt Romney and Mike Lee have not publicly urged the U.S. government to advocate for the Americans' release.
“My thoughts are with the families during this difficult time," Lee told the AP on Friday. “We will continue to work with the State Department to receive updates on this case.”
“This is an extremely difficult and frightening situation for the families involved," Romney spokesperson Dilan Maxfield said. "Our office has consistently engaged with the State Department and will continue to do so.”
Last month, the military prosecutor, Lt. Col. Innocent Radjabu, called on the judge to sentence all of the defendants to death, except for one who suffers from “psychological problems.”
Congo reinstated the death penalty earlier this year, lifting a more than two-decade-old moratorium, as authorities struggle to curb violence and militant attacks in the country. The country's penal code allows the president to designate the method of execution. Past executions of militants in Congo have been carried out by firing squad.
