Joshua French and Tjostolv Moland
Encyclopedia
Joshua Olav Daniel Hodne French
(born 7 April 1982 in Re, Vestfold, Norway) and Tjostolv Moland
(born 28 February 1981), sometimes referred to by the aliases John Hunt and Mike Callan respectively, are two Norwegian
security contractors 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 tribunal in the regional capital, Kisangani
. The Congolese government insists that the defendants were active duty Norwegian soldiers, contradicting the Norwegian government's insistence that they had had no connection with Norway's military since 2007.
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 employed in the British Army where he trained as a paratrooper. 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.
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. 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
.
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.
Their trial, held on August 14, was allowed to take place before a military court because firearms had been used in the crime. 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.
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. 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.
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.
for the five charges made against the men. Norwegian authorities have denied that the men were involved in espionage for Norway, and have expressed concern they were not receiving a fair trial. Initially the Congolese claims of compensation had amounted to more than US$500 billion.
The men appealed their conviction on September 9, 2009. According to Judge Claude Disimo, they will not be extradited back to Norway. 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.
.
said the sentence was "completely unacceptable" and that he would protest to his Congolese counterpart. "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."
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
, which neither speaks. 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. Øistein Mjærum, an advisor to former Norwegian prime minister Kjell Magne Bondevik
, called the two defendants "idiots". 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. 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".
Reprieve and Clive Stafford Smith
are involved in the case, as of November 28, 2009.
Joshua French
Joshua Olav Daniel Hodne French is a Norwegian- and British security contractor arrested in May 2009 in the Democratic Republic of the Congo, and convicted of murdering his driver by gunshot and of espionage for Norway...
(born 7 April 1982 in Re, Vestfold, Norway) and Tjostolv Moland
Tjostolv Moland
Tjostolv Moland , is a Norwegian Army officer and security contractor arrested in May 2009 in the Democratic Republic of the Congo, and convicted of murdering his driver by gunshot and of espionage for Norway.They are both former soldiers in the Norwegian Armed Forces, who later worked in the...
(born 28 February 1981), sometimes referred to by the aliases John Hunt and Mike Callan respectively, are two Norwegian
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
security contractors arrested in May 2009 in the Democratic Republic of the Congo
Democratic Republic of the Congo
The Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...
, accused of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
ing their driver by gunshot and of espionage
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
for Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
. They are both former soldiers in the Norwegian Armed Forces
Norwegian Armed Forces
The Norwegian Armed Forces numbers about 23,000 personnel, including civilian employees. According to mobilisation plans , the strength during full mobilisation would be approximately 83,000 combatant personnel. Norway has mandatory military service for men and voluntary service for women...
, 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 tribunal in the regional capital, Kisangani
Kisangani
Kisangani is the capital of Orientale Province in the Democratic Republic of the Congo. It is the 3rd largest urbanized city in the country and the largest of the cities that lie in the tropical woodlands of the Congo....
. The Congolese government insists that the defendants were active duty Norwegian soldiers, contradicting the Norwegian government's insistence that they had had no connection with Norway's military since 2007.
Career
Joshua French grew up in the municipality of ReRe, Norway
Re is a municipality in Vestfold county, Norway. The administrative centre of the municipality is the village of Revetal. The municipality was established in 2002 by the unification of the former municipalities of Ramnes and Våle. It includes the villages of Ramnes, Våle, Undrumsdal, Fon, Vivestad...
in Vestfold
Vestfold
is a county in Norway, bordering Buskerud and Telemark. The county administration is in Tønsberg.Vestfold is located west of the Oslofjord, as the name indicates. It includes many smaller, but well-known towns in Norway, such as Larvik, Sandefjord, Tønsberg and Horten. The river Numedalslågen runs...
county and has both Norwegian and British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
. Moland is from Vegårshei
Vegårshei
Vegårshei is a municipality in Aust-Agder county, Norway. It is located in the traditional district of Sørlandet. The administrative center is the village of Myra.-General information:...
in Aust-Agder
Aust-Agder
is a county in Norway, bordering Telemark, Rogaland, and Vest-Agder. In 2002, there were 102,945 inhabitants, which is 2.2% of the total population in Norway. Its area is . The administrative center of the county is in Arendal....
county.
Until 2006, French served in the Norwegian Armed Forces and was also employed in the British Army where he trained as a paratrooper. In 2006, he was admitted to the Telemark Battalion
Telemark Battalion
The Telemark Bataljon is a mechanised infantry unit of the Norwegian Army. It was established in 1993, and is a part of Brigade Nord and stationed at Rena, Hedmark...
, the Norwegian Army
Norwegian Army
Norway achieved full independence in 1905, and in the first century of its short life has contributed to two major conflicts, the Cold War and the War on Terror. The Norwegian Army currently operates in the north of Norway and in Afghanistan as well as in Eastern Europe. The Army is the oldest of...
'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.
Moland also has a Norwegian Army background, having served in The King's Guard
Hans Majestet Kongens Garde
Hans Majestet Kongens Garde is a battalion of the Norwegian Army. The battalion has two main roles; it serves as the Norwegian King's bodyguards, guarding the royal residences and Akershus Fortress in Oslo, and is also the main infantry unit responsible for the defence of...
and later the Telemark Battalion, where he held the rank of second lieutenant
Second Lieutenant
Second lieutenant is a junior commissioned officer military rank in many armed forces.- United Kingdom and Commonwealth :The rank second lieutenant was introduced throughout the British Army in 1871 to replace the rank of ensign , although it had long been used in the Royal Artillery, Royal...
before his resignation in 2007. French and Moland later worked as security guards in several places, including pirate guards for a Korea
Korea
Korea ) is an East Asian geographic region that is currently divided into two separate sovereign states — North Korea and South Korea. Located on the Korean Peninsula, Korea is bordered by the People's Republic of China to the northwest, Russia to the northeast, and is separated from Japan to the...
n company in the Gulf of Aden
Gulf of Aden
The Gulf of Aden is located in the Arabian Sea between Yemen, on the south coast of the Arabian Peninsula, and Somalia in the Horn of Africa. In the northwest, it connects with the Red Sea through the Bab-el-Mandeb strait, which is about 20 miles wide....
. French and Moland were also involved in security missions in various Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
n countries, such as Angola
Angola
Angola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...
, Sierra Leone
Sierra Leone
Sierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4...
, and lately in the Democratic Republic of the Congo
Democratic Republic of the Congo
The Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...
.
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 200 kilometres (124.3 mi) from Kisangani. Moland was arrested two days later in the Ituri Province, a few hundred kilometres farther northeast.After their arrest, French and Moland were charged with killing Kasongo on an isolated section of road between Kisangani and the Uganda
Uganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
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.
Their trial, held on August 14, was allowed to take place before a military court because firearms had been used in the crime. However, according to Mirna Adjami, a local representative of the International Center for Transitional Justice
International Center for Transitional Justice
The International Center for Transitional Justice was founded in 2001 as a non-profit organization dedicated to pursuing accountability for mass atrocity and human rights abuse through transitional justice mechanisms.-Mission statement:...
, only Congolese police and army soldiers can be tried before a military tribunal; this raised questions as to the court's legality.
Prosecution evidence
During the criminal investigation, the Congolese authorities found Norwegian military ID cards, counterfeit United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
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. 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.
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.
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. The prosecution had sought the death penaltyCapital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
for the five charges made against the men. Norwegian authorities have denied that the men were involved in espionage for Norway, and have expressed concern they were not receiving a fair trial. Initially the Congolese claims of compensation had amounted to more than US$500 billion.
The men appealed their conviction on September 9, 2009. According to Judge Claude Disimo, they will not be extradited back to Norway. 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.
Capital punishment in the Congo
Although it remains on the statute books, the death penalty is currently not applied in the Democratic Republic of the Congo. The last known execution occurred in 2003, and today capital punishment is usually commuted to life imprisonmentLife imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
.
Reaction
Norway immediately condemned the sentence and rejected the allegations of espionage. Foreign Minister Jonas Gahr StøreJonas Gahr Støre
Jonas Gahr Støre is the Norwegian Minister of Foreign Affairs, having been appointed to Jens Stoltenberg's second cabinet on 17 October 2005. He represents the Norwegian Labour Party.-Personal life:...
said the sentence was "completely unacceptable" and that he would protest to his Congolese counterpart. "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."
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
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
, which neither speaks. A spokesman for the oil company Tullow Oil
Tullow Oil
Tullow Oil plc is a global oil and gas exploration company headquartered in London, United Kingdom. It has interests in over 85 licences across 23 countries and in 2010 produced 58,100 barrels of oil equivalent per day...
, 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. Øistein Mjærum, an advisor to former Norwegian prime minister Kjell Magne Bondevik
Kjell Magne Bondevik
Kjell Magne Bondevik is a Norwegian Lutheran minister and politician . He served as Prime Minister of Norway from 1997 to 2000, and from 2001 to 2005, making him Norway's longest serving non-Labour Party Prime Minister since World War II...
, called the two defendants "idiots". 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
Drammens Tidende
Drammens Tidende is Norway's tenth largest newspaper, with a circulation of 40,954. Owned by Edda Media, the newspaper convers central parts of Buskerud as well as Drammen with seven weekly issues...
, 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. 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
Dagens Nyheter
is a daily newspaper in Sweden. It has the largest circulation of Swedish morning newspapers, followed by Göteborgs-Posten and Svenska Dagbladet, and is the only morning newspaper that is distributed to subscribers across the whole country. In 2009 DN had a circulation of 316,000, reaching 881...
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".
Reprieve and Clive Stafford Smith
Clive Stafford Smith
Clive Adrian Stafford Smith OBE is a British [see talk] lawyer who specialises in the areas of civil rights and the death penalty in the United States of America....
are involved in the case, as of November 28, 2009.