Congo repatriates 3 Americans who had faced death sentences over a failed coup plot

LAGOS, Nigeria (AP) — The three Americans convicted of participating in a botched coup attempt in Congo last year have been repatriated to the United States, days after their death sentences were commuted to life imprisonment, Congo's presidency said Tuesday.

The three will serve out their sentences in the U.S. following the repatriation done in collaboration with the U.S. Embassy, Congolese presidential spokesperson Tina Salama said. The presidency said the Americans left Congo Tuesday morning.

The State Department said it was aware of their transfer into U.S. custody and referred questions to the Department of Justice. A DOJ spokesperson said they did not immediately have information to share.

The conditions of the prisoner transfer agreement were not immediately clear. But international law experts said it’s unlikely the U.S. will shorten their sentences.

Among the three Americans was 21-year-old Marcel Malanga, son of opposition figure Christian Malanga, who led the foiled coup attempt that targeted the presidential palace in Kinshasa. The elder Malanga, who live-streamed from the palace during the attempt, was later killed while resisting arrest, Congolese authorities said. Marcel Malanga has said his father forced him to take part.

Also repatriated were Tyler Thompson Jr., 21, a friend of the younger Malanga who flew to Africa from Utah 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 repatriation came amid efforts by Congolese authorities to sign a minerals deal with the U.S. in exchange for security support that will help the capital city of Kinshasa fight rebels in the country’s conflict-hit east.

U.S. President Donald Trump’s senior adviser for Africa last week confirmed the countries were in talks on the issue and said it could involve “multibillion-dollar investments.” The U.S. has estimated Congo has trillions of dollars in mineral wealth, much of it untapped.

“This decision is part of a dynamic of strengthening judicial diplomacy and international cooperation in matters of justice and human rights between the two countries,” Congo’s presidency said Tuesday of the repatriation.

The news of their return brought joy to their families. Thompson’s stepmother, Miranda Thompson, told the AP that they didn’t have all the details “but we’re so excited to have him on American soil again.” The Thompsons said they were grateful for all the support they received from the U.S. government, family and friends.

Thompson’s lawyer Skye Lazaro said Tuesday that she had limited information on what his status will be once he lands stateside. She said she plans to pursue all available legal avenues relating to his detention in the U.S.

When the U.S. assumes custody of prisoners convicted abroad, it typically agrees to carry out a sentence of imprisonment designated by that country.

Lawyers for the repatriated Americans could try to get their sentences reduced by arguing they signed their consents to the prisoner transfer treaty under duress, said Jared Genser, a U.S.-based international human rights attorney.

“But it would be very hard to prevail in such a case as there would be enormous implications for other potential transfers in the future if the U.S. failed to abide by such agreements,” Genser said.

Dozens of others were convicted after the coup attempt, a majority of them Congolese but also including a Briton, a Belgian and a Canadian. Charges included terrorism, murder, criminal association and illegal possession of weapons.

The fate of the others was not immediately clear.

Congo had reinstated the death penalty last year, lifting a more than 2-decade-old moratorium, as authorities struggle to curb violence and militant attacks.

Family members last year said the Americans slept on the floor at a high-security military prison in Kinshasa, struggling with health issues and having to pay for food and hygiene products.

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Schoenbaum reported from Salt Lake City. Associated Press writer Matthew Lee in Washington contributed reporting.