Democratic Republic of the Congo
Practice Relating to Rule 100. Fair Trial Guarantees
Section B. Trial by an independent, impartial and regularly constituted court
The Democratic Republic of the Congo’s Military Judiciary Code (2002) provides:
Subject to military jurisdiction are the soldiers of the Congolese Armed Forces and equivalent persons.
Equivalent persons means members of the National Police and the Builders of the Nation [bâtisseurs de la Nation] for acts committed during training and at the occasion of the exercise of their functions within the National Service.
Subject to military jurisdiction equally are:
5. Prisoners of war.
6. Members of insurrection groups.
The Democratic Republic of the Congo’s Military Penal Code (2002) provides:
Any soldier or equivalent person who, outside the cases provided for by the present Code, establishes and maintains a repressive jurisdiction, is punished with ten to twenty years of penal servitude, without prejudice to more severe penalties which can be incurred because of the execution of the sentences pronounced.
The Democratic Republic of the Congo’s Constitution (2006) provides:
The military jurisdictions adjudge offences committed by members of the Armed Forces and the National Police.
In time of war or when a state of siege or emergency has been proclaimed, the President of the Republic, by a decision deliberated in the Council of Ministers, can suspend, in the whole or a part of the Republic and for the duration and the offences he designates, the penal law actions of the ordinary law courts and tribunals, in favour of the military jurisdictions.
An organic law designates the rules regarding the competence, organization and functioning of the military jurisdictions.