Link to Article: https://apnews.com/article/congo-us-death-sentences-coup-plot-americans-e5197b6c8c6968eec8ebb5a55568a6e8
Three Americans convicted of participating in a failed coup attempt within the Congo last year have been returned to their own country following the days after their death sentences were commuted to life imprisonment. The Congo had reinstated the death penalty last year, lifting a twenty year old ban, as authorities try to stop violence and militant attacks and coups. The three Americans will serve out their sentences in the U.S. following the repatriation facilitated by the Congo and the American Embassy, and they left Tuesday morning. The repatriated included: Marcel Malanga son of opposition figure Christian Malanga; Tyler Thompson Jr, a friend of the Marcel who flew to Africa, as well as Benjamin Reuben Zalman-Polun, who knew the elder Malanga through business.
When the U.S assumes custody of prisoners convicted abroad, it usually agrees to assign a sentence of imprisonment designated by that country. Lawyers for the repatriated persons could try and get a reduced sentence stating the accused signed consents under duress. But that would be hard to achieve as this has international implications for the U.S if they fail to comply. American citizens who are convicted of participating in a failed coup is extremely serious for the United States. Citizens who are being held abroad are not treated as they would be in the U.S, and the Congo may not follow Geneva Convention-style rules. As well, America has a direct responsibility to its citizens however harsh their crimes or punishments are.
The Congo most likely wants the U.S to punish those responsible in this failed coup as fully as possible, maybe with an extended prison sentence, or life in prison. The U.S will do its best to honor the Congo’s request but they will ultimately make the decision on the terms of the imprisonment of these American citizens. This situation directly correlates to international law. Had the Congo disregarded the American citizens lives, the U.S would have been forced to act, possibly through military means. However, since the Congo respects the U.S and its power, they handed the Americans back over to their state to punish them as they see fit, and in return, the U.S will punish them based off of the Congo’s designated punishment.