On these grounds, the Commission,
94. Consequently, declares, the Democratic Republic of Congo has violated the relevant provisions of the African Charter on Human and Peoples’ Rights, namely Articles 7.a, 7.b, 7.d and 26.
95. Finds that the establishment of a Military Court, albeit legally, whose competence extends to hearing civil acts perpetrated by civilians is a flagrant ignorance of the Article 7 of the African Charter on Human and Peoples’ Rights.
96. Recommends that the Government of the Republic of Congo guarantees the independence of the tribunals and improves on the appropriate national institutions charged with the promotion and protection of the rights and freedoms enshrined in the African Charter on Human and Peoples’ Rights.
97. Urges the Government of the DRC to grant the victims a fair and equitable amount as compensation for the moral wrong suffered.
98. Recommends to the Government of the DRC to harmonise its legislation with its international commitments, if that has not yet been done.
Done in Abuja, the Federal Republic of Nigeria, on 24th November 2008.
