Democratic Republic of Congo
17.10.02
Urgent Interventions
DRC: Kidnapping and torture of the President of the Observatoire Congolais des Droits de l'Homme
PRESS RELEASE
Geneva, Paris, 28 March 2002
Congo: international NGOs demand the suppression of the Court of Military Order (COM) and an overall reform of the system of military justice in the Democratic Republic of Congo.
The World Organisation Against Torture (OMCT) and the International Federation of Human Rights Leagues (FIDH) are seriously concerned by the increasingly frequent use of the Court of Military Order for the judgment of civilians. The organisations demand the suppression of this military court in its current form and call for a general reform of the system of military justice.
In fact, since its creation, the COM has not only judged a number of civilians, including political leaders, human rights defenders and journalists, but it has also sentenced children to death.
Among the numerous human rights violations that have been observed in the way that the court functions, OMCT and the FIDH are particularly concerned by :
§ the fact that the COM regularly judges civilians and minors is in contradiction with the principle according to which a military jurisdiction can only judge military offences committed by members of the armed forces ;
§ the fact that accused persons, who have the right to be heard by an independent, impartial and competent tribunal, are being judged by currently serving members of the military appointed by the Head of State;
§ the fact that persons found guilty are denied their right to appeal to an independent tribunal since decisions handed down by the COM can not be appealed.
As a result, having already denounced the serious flaws in the functioning of this court, as well as its use for purposes that are incompatible with the proper administration of justice, OMCT and the FIDH call upon the Democratic Republic of Congo to immediately suppress the Court of Military Order and, in the future, to ensure that military jurisdiction is only used for the purposes of judging members of the military in connection with activities performed in the context of the armed forces. The organisations would like to recall that the suppression of the Court of Military Order was one of the objectives of the national plan of action for the promotion and protection of human rights which was adopted by the government of the Democratic Republic of Congo in 1999.
Contact OMCT : Christine Ferrier ++ 4122 809.49.39
Contact FIDH : Press office ++ 33 1 43 55 25 18
Geneva, Paris, 28 March 2002
Congo: international NGOs demand the suppression of the Court of Military Order (COM) and an overall reform of the system of military justice in the Democratic Republic of Congo.
The World Organisation Against Torture (OMCT) and the International Federation of Human Rights Leagues (FIDH) are seriously concerned by the increasingly frequent use of the Court of Military Order for the judgment of civilians. The organisations demand the suppression of this military court in its current form and call for a general reform of the system of military justice.
In fact, since its creation, the COM has not only judged a number of civilians, including political leaders, human rights defenders and journalists, but it has also sentenced children to death.
Among the numerous human rights violations that have been observed in the way that the court functions, OMCT and the FIDH are particularly concerned by :
§ the fact that the COM regularly judges civilians and minors is in contradiction with the principle according to which a military jurisdiction can only judge military offences committed by members of the armed forces ;
§ the fact that accused persons, who have the right to be heard by an independent, impartial and competent tribunal, are being judged by currently serving members of the military appointed by the Head of State;
§ the fact that persons found guilty are denied their right to appeal to an independent tribunal since decisions handed down by the COM can not be appealed.
As a result, having already denounced the serious flaws in the functioning of this court, as well as its use for purposes that are incompatible with the proper administration of justice, OMCT and the FIDH call upon the Democratic Republic of Congo to immediately suppress the Court of Military Order and, in the future, to ensure that military jurisdiction is only used for the purposes of judging members of the military in connection with activities performed in the context of the armed forces. The organisations would like to recall that the suppression of the Court of Military Order was one of the objectives of the national plan of action for the promotion and protection of human rights which was adopted by the government of the Democratic Republic of Congo in 1999.
Contact OMCT : Christine Ferrier ++ 4122 809.49.39
Contact FIDH : Press office ++ 33 1 43 55 25 18