Decision of the Commission
The Commission,
For these reasons,
88. Declares that the Democratic Republic of Congo has not violated the provisions of Article 2 of the African Charter.
89. Declares on the other hand that the Democratic Republic of Congo has violated the provisions of Articles 5, 6, 7 and 18(1) of the African Charter. Consequently, it :
a) Requests the Democratic Republic of Congo to align the provisions of Decree-Law No. 019 of 23 August 1997 establishing a military court with the standards of fair trial prescribed by the African Charter.
b) Urgently requests the Democratic Republic of Congo to re-open and review the case in strict compliance with human rights standards at least for persons still in detention
c) Requests the Democratic Republic of Congo to maintain its moratorium on capital punishment in accordance with the Resolution of the Commission requesting States to envisage suspending the death penalty (1999).
d) Further requests the Democratic Republic of Congo to compensate the Complainants fairly for the injuries suffered as a result of the 20 violation of their human rights noted in this case. The cases of confiscation of property shall be resolved through restitution or complementary compensation. The amount of compensation shall be determined in accordance with Congolese domestic law.
e) Finally, requests the Democratic Republic of Congo to send a written report to the Commission within one hundred and eighty (180) days of notification of this decision regarding measures taken towards the implementation of these recommendations.
Adopted at the 54th Ordinary Session of the African Commission on Human and Peoples’ Rights, held from 22 October to 5 November 2013 in Banjul, The Gambia.
