|
#REDIRECT [[Trial and conviction of Joshua French and Tjostolv Moland|Joshua French and Tjostolv Moland]]
'''Joshua Olav Daniel Hodne French''' (born 7 April 1982) and '''Tjostolv Moland''' (born 28 February 1981), sometimes referred to by the aliases '''John Hunt''' and '''Mike Callan''' respectively, are two [[Norway|Norwegian]] nationals arrested in May 2009 in the [[Democratic Republic of the Congo]], accused of [[murder]]ing their driver by gunshot and of [[espionage]] for [[Norway]]. They are both former soldiers in the [[Norwegian Armed Forces]], who later worked in the private security industry. The men claimed that their driver was murdered by gunmen who waylaid them. On September 8, 2009, they were both found guilty of all charges and sentenced to death by a [[military court|military tribunal]] in the regional capital, [[Kisangani]].<ref>[http://www.norwaypost.no/content/view/22478/26/ Norwegians given death sentence by Congo court], The Norway Post, September 8, 2009.</ref><ref name=guardian8>[http://www.guardian.co.uk/world/2009/sep/08/congo-norwegians-sentenced Court in Congo sentences two Norwegians to death], ''Guardian'', September 8, 2009]</ref><ref>[http://www.4vf.net/norwegians-sentenced-to-death-in-congo/ 4VF News (Norway), September 8, 2009]</ref><ref name="Norwegians to die for Congo spying">[http://www.nation.co.ke/News/africa/-/1066/654790/-/136x13yz/-/ Norwegians to die for Congo spying], The Daily Nation, September 8, 2009.</ref><ref name=guardian1/> The Congolese government insists that the [[defendants]] were active duty Norwegian soldiers, contradicting the [[Government of Norway|Norwegian government's]] insistence that they had had no connection with Norway's military since 2007.
==Career ==
French grew up in the municipality of [[Re, Norway|Re]] in [[Vestfold]] county and has both Norwegian and [[United Kingdom|British]] [[citizenship]]. Moland is from [[Vegårshei]] in [[Aust-Agder]] county.
Until 2006, French served in the Norwegian Armed Forces and was also employed in the British Army where he trained as a paratrooper.<ref>[http://www.dagbladet.no/tekstarkiv/artikkel.php?id=5001090057778 Kjæresten min er ingen leiemorder], Dagbladet, May 27, 2009. '''(Norwegian)'''</ref> In 2006, he was admitted to the [[Telemark Battalion]], the [[Norwegian Army]]'s elite 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.<ref>[http://www.aftenposten.no/nyheter/uriks/article3246391.ece Tvunget ut av Forsvaret], Aftenposten, September 2, 2009. '''(Norwegian)'''</ref>
Moland also has a Norwegian Army background, having served in [[Hans Majestet Kongens Garde|The King's Guard]] and later the Telemark Battalion, where he held the rank of [[second lieutenant]] before his resignation in 2007.<ref>[http://www.dagbladet.no/a/6195136/ Tjostolv Moland (28) og kameraten (27) flyktet inn i jungelen mens kulene suste rundt dem], Dagbladet, May 13, 2009. '''(Norwegian)'''</ref> French and Moland later worked as security guards in several places, including pirate guards for a [[Korea]]n company in the [[Gulf of Aden]]. French and Moland were also involved in security missions in various [[Africa]]n countries, such as [[Angola]], [[Sierra Leone]], and lately in the [[Democratic Republic of the Congo]].<ref>[http://www.aftenposten.no/nyheter/iriks/article3245541.ece French og Moland kjempet mot pirater i Adenbukta], Aftenposten, September 1, 2009. '''(Norwegian)'''</ref>
==Arrest and courtroom charges ==
There are conflicting stories as to their reasons for being in the country. French and Moland claim they intended to set up their own security company. In May 2009, they were arrested and charged in the killing of their hired driver, 47-year-old Abedi Kasongo, which is said to have occurred on May 5, 2009. French was arrested on May 9 in the Epulu game reserve, around {{convert|200|km}} from Kisangani. Moland was arrested two days later in the [[Ituri Province]], a few hundred kilometres farther northeast.<ref name=AFP/>
After their arrest, French and Moland were charged with killing Kasongo on an isolated section of road between Kisangani and the [[Uganda]]n border. The prosecution did not disclose their theory as to the motive for the crime. Additional charges against the two included attempted murder of a witness, espionage, armed robbery and the possession of illegal firearms.<ref name=PMH/>
Their trial, held on August 14, was allowed to take place before a military court because firearms had been used in the crime.<ref name=AFP/> 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 legality.<ref>{{cite news|url=http://www.dagbladet.no/2009/09/08/magasinet/kongo/tjostolv_moland/joshua_french/kongo-saken/8008291/|title=- Ulovlig å dømme dem ved en militærdomstol|last=Nærland|first=Mina Hauge|date=2009-09-08|work=[[Dagbladet]]|language=Norwegian|accessdate=2009-09-09}}</ref>
===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. 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.<ref name=PMH>[http://www.privatemilitaryherald.com/tag/security/ Congo Murder Trial of Two Norwegians Set to Begin on Friday], ''Private Military Herald'', August 11, 2009.</ref> 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.<ref name=guardian1>[http://www.guardian.co.uk/world/2009/sep/01/congo-accused-norwegians-death-penalty European 'mercenaries' face death penalty in Congo], ''The Guardian'', September 1, 2009.</ref>
Two individuals, Gina Kepo Aila and Kasimu Aradjabo, said they were both present during the killing. Both witnesses 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.<ref name=evidence/>
===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.<ref name="Norwegians to die for Congo spying"/> The prosecution had sought the [[capital punishment|death penalty]] for the five charges made against the men.<ref name="guardian8"/> Norwegian authorities have denied that the men were involved in espionage for Norway, and have expressed concern they were not receiving a fair trial.<ref>[http://news.bbc.co.uk/2/hi/africa/8244630.stm Norway pair face death in Congo], BBC News, September 8, 2009.</ref> Initially the Congolese claims of compensation had amounted to more than US$500 billion.<ref>{{cite news|url=http://www.dagbladet.no/2009/08/27/nyheter/utenriks/innenriks/kongo/tjostolv_moland/7837510/|title=Staten Kongo krever 3038 milliarder kroner fra Norge og de tiltalte|last=Krokfjord|first=Torgeir|date=2009-08-27|work=[[Dagbladet]]|language=Norwegian|accessdate=2009-09-09}}</ref>
The men appealed their conviction on September 9, 2009.<ref>{{cite news|url=http://www.dagbladet.no/2009/09/09/nyheter/utenriks/kongo/joshua_french/tjostolv_moland/8026322/|title=Moland og French anker dødsdommen|last=Krokfjord|first=Torgeir|date=2009-09-09|work=[[Dagbladet]]|language=Norwegian|accessdate=2009-09-09}}</ref> According to Judge Claude Disimo, they will not be extradited back to Norway.<ref name=AP-NYT/>
====Capital punishment in the Congo ====
{{See also|Use of capital punishment by nation}}
Although it remains on the statute books, the death penalty is currently not applied in the Democratic Republic of the Congo.<ref name=AFP/> The last known execution occurred in 2003, and today capital punishment is usually commuted to [[life imprisonment]].<ref>[http://www.amnesty.org/en/library/info/ACT50/007/2004 DR Congo: Death penalty / Document | Amnesty International]</ref>
===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.<ref name=AFP/> "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."<ref name=AP-NYT>[http://www.nytimes.com/aponline/2009/09/08/world/AP-AF-Congo-Norway.html?_r=1&scp=1&sq=French%20Moland%20Congo&st=cse Congo Sentences 2 Norwegians to Death], AP (via New York Times), September 9, 2009.</ref>
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|French]], which neither speaks.<ref name=AFP>[http://www.google.com/hostednews/afp/article/ALeqM5ickmEd-1wpZNlLq182V3aKg3dYtA Congo court sentences Norwegians to death], AFP (via Google News), September 8, 2009.</ref> 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.<ref>[http://www.aftenposten.no/nyheter/uriks/article3254244.ece De var åpenbart ikke profesjonelle], Aftenposten, September 6, 2009.'''(Norwegian)'''</ref> Øistein Mjærum, an advisor to former Norwegian prime minister [[Kjell Magne Bondevik]], called the two defendants "idiots".<ref>[http://www.nrk.no/nyheter/1.6765698 To norske idioter i Kongo], Aftenposten, September 9, 2009.'''(Norwegian)'''</ref> 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 Folkestad a photographer in ''[[Drammens Tidende]]'', a local newspaper, wearing a beret and pointing at Africa, in which Folkestad is named as French's and Moland's commander for their claimed operation in the Congo.<ref name=evidence>{{no icon}} [http://www.dagbladet.no/2009/08/25/nyheter/utenriks/kongo/drap/tjostolv_moland/7813030/ Her er bevisene mot de drapstiltalte nordmennene], ''Dagbladet'', August 25, 2009</ref><ref>http://www.vg.no/nyheter/utenriks/artikkel.php?artid=576896 article from VG, in Norwegian</ref> 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".<ref>[http://www.dn.se/nyheter/varlden/rattsprocessen-mot-norrmannen-gick-ratt-till-1.948851 "Rättsprocessen mot norrmännen gick rätt till"], Dagens Nyheter, September 9, 2009. '''(Swedish)'''</ref>
[[Reprieve (organisation)|Reprieve]] and [[Clive Stafford Smith]] are involved in the case, as of November 28,2009.<ref>http://www.dagbladet.no/2009/11/28/nyheter/utenriks/kongosaken/joshua_french/kongo-saken/9242768/</ref>
==References==
{{reflist|2}}
{{DEFAULTSORT:Joshua French and Tjostolv Moland}}
[[Category:Living people]]
[[Category:People from Re, Norway|Frech, Joshua]]
[[Category:People from Aust-Agder|Moland, Tjostolv]]
[[Category:Prisoners sentenced to death by the Democratic Republic of the Congo]]
[[Category:Norwegian prisoners sentenced to death]]
[[Category:Norwegian people imprisoned abroad]]
[[Category:Norwegian people convicted of murder]]
[[Category:Norwegian soldiers]]
[[Category:Private military contractors]]
[[Category:Convicted spies]]
[[Category:People convicted of murder by the Democratic Republic of the Congo]]
==External links==
*[http://www.freefrenchandmoland.com/ Official petition to free French and Moland]
http://www.reprieve.org.uk/2009_11_27_joshuafrenchappeal
[[no:Joshua French]]
|
