Facts
On 30 June 1960, the Democratic Republic of the Congo (DRC) gained its independence from Belgium. Lumumba, an important figure in the DRC’s struggle for independence, was appointed as the first prime minister after winning the elections. The new government faced an army mutiny and a Belgian-supported movement of secession in the strategic mineral-rich province of Katanga.
In December 1960, Lumumba was arrested by the military. On 17 January 1961, he was transferred to the Katanga region, where he was beaten allegedly by both Belgian and Congolese forces. He was murdered on the same day, and his body dissolved in acid.
Procedure
In 2010, a Belgian parliamentary commission of inquiry was set up to investigate Lumumba’s murder. After 18 months of investigation, the commission revealed that the Belgian government supported Lumumba’s arrest and transfer to the Katanga region. It stated that, while there is no evidence that the Belgian government gave the order to physically eliminate Lumumba, Belgium bears responsibility for not having taken action to prevent the murder. The Commission therefore concluded that “by not considering the possible risks of the transfer, not asking guarantees for his physical safety or insisting on humane treatment and a trial, the Belgian government and especially the Minister of African Affairs showed a lack of forethought and a lack of respect for the constitutional state.”
In 2011, Lumumba’s son filed a complaint for the murder of his father. He argued that an international armed conflict was going on between Belgium and the DRC, and that this targeted killing was constitutive of a war crime.
In 2012, a criminal investigation was opened.
On 6 October 2022, the Brussels Indictment Chamber decided on the inclusion in the investigation file of the findings of the parliamentary commission of inquiry on Lumumba’s death. All the testimonies collected by the commission were therefore included, except the transcription of the interviews of the two suspects who are still alive (Jacques Brassinne de la Buissière and Etienne Davignon), due to the fact that they had not been heard in the presence of their lawyers.
On 31 January 2024, Jacques Brassinne de la Buissière passed away at the age of 93.