Innocent Kaina

Former M23 Deputy Commander

N/A

Bunagana, Rutshuru territory, Congo (Democratic Republic of the)

UGA, (Address: Uganda (as of early 2016))

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R0396&from=EN

Position-based reason

Military

Innocent Kaina was Sector and then Deputy Commander in the Mouvement du 23 Mars (M23). He was responsible for and committed serious violations of international law and human rights. In July 2007, the Garrison Military Tribunal of Kinshasa found Kaina responsible for crimes against humanity committed in the District of Ituri between May 2003 and December 2005. He was released in 2009 as part of the peace agreement between the Congolese government and the CNDP. Within the FARDC in 2009, he was guilty of executions, abductions and maiming in Masisi territory. As a commander under the orders of General Taganda, he initiated the ex-CNDP mutiny in Rutshuru territory in April 2012. He ensured the security of the mutineers out of Masisi. Between May and August 2012, he oversaw the recruitment and training of over 150 children for the M23 rebellion, shooting the boys who had tried to escape. In July 2012, he travelled to Berunda and Degho for mobilization and recruitment activities for the M23. Kaina fled to Uganda in November 2013 and was still there as of early 2016.

EU

2017/396 (OJ L60)

(Date of UN designation: 2012-11-30)\n(Designation details: Date of UN designation: 30 November 2012.)\n(Became M23 deputy commander after the flight of Bosco Taganda's faction to Rwanda in March 2013. Fled to Uganda in November 2013. In Uganda as of early 2016.)

2017-03-08

EU

Restrictive measures in view of the situation in the Democratic Republic of the Congo

UN, EU country specific

Democratic Republic of the Congo

Asset freeze and prohibition to make funds available, Prohibition to satisfy claims, Restrictions on admission

- All assets of the listed persons and entities should be frozen. It is also prohibited to make any funds or assets directly or indirectly available to them. - It is prohibited to satisfy claims made by the persons listed in Council Regulation (EC) No 1183/2005 in connection with any contract or transaction the performance of which has been affected by the measures imposed by the same regulation. - Member States shall enforce travel restrictions on persons listed in Annex I and II of Council Decision 2010/788/CFSP.

On 7 April 1993 the EU decided to impose an arms embargo on Zaire (now the Democratic Republic of Congo, the DRC). On 28 July 2003, the UN Security Council adopted Resolution 1493 (2003) imposing an arms embargo against the DRC. On 18 April 2005, the UN Security Council adopted Resolution 1596 (2005) imposing also targeted restrictive measures. On 21 December 2005, the UN Security Council adopted Resolution 1649 (2005) extending restrictive measures to political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups, and to political and military leaders of Congolese militias receiving support from outside the DRC and in particular those operating in Ituri, who impede the participation of their combatants in disarmament, demobilisation and reintegration processes. On 31 July 2006, the UN Security Council adopted Resolution 1698 (2006) extending restrictive measures to political and military leaders recruiting or using children in armed conflict in violation of applicable international law and to individuals committing serious violations of international law involving the targeting of children in situations of armed conflict, including killing and maiming, sexual violence, abduction and forced displacement. On 17 October 2016, the EU expressed its deep concern at the political situation in the DRC. It strongly condemned the acts of extreme violence that took place on 19 and 20 September 2016 in Kinshasa, noting that those acts further exacerbated the deadlock in the country due to the failure to call the presidential elections by the constitutional deadline of 20 December 2016. The EU stressed that, in order to create a climate conducive to dialogue and the holding of elections, the Government of the DRC must clearly commit to ensuring that human rights and the rule of law are respected and must cease all use of the justice system as a political tool. It also called on all stakeholders to reject the use of violence. The EU adopted targeted measures against those responsible for serious human rights violations, those who promote violence and those who try to obstruct a consensual and peaceful solution to the crisis which respects the aspiration of the people of the DRC to elect their representatives. Derogations to the restrictive measures are possible, including the delivery of humanitarian aid.