Decision of the Commission on the Merits
The Commission,
For these reasons,
91. Declares that Article 3 of the African Charter was not violated.
92. Declares that the Democratic Republic of Congo violated the provisions of Articles 1, 4 and 7(1)(a) as well as 7(1)(c) of the African Charter. Consequently, the Commission:
i. Strongly recommends to the Democratic Republic of Congo to harmonize its legislation with its international human rights obligations.
ii. Recommends specifically to the Democratic Republic of Congo to ensure the enforcement of the ordinary Criminal Procedure Code and all other legislative and regulatory texts in line with the African Charter and other international human rights instruments to which it is a party.
iii. Urgently recommends to the Democratic Republic of Congo to pay compensation to the victims, the amount involved to be calculated according to Congolese legislation by taking into consideration the injury suffered, the duration of the procedure and the expenses incurred.
iv. Finally, requests the Democratic Republic of Congo to provide a written report within one hundred and eighty (180) days of notification of this decision on measures taken to implement these recommendations.
Adopted at the 14th Extraordinary Session of the African Commission on Human and peoples’ Rights, held from 20 to 24 July 2011, Nairobi, Kenya
