Related Rule
Democratic Republic of the Congo
Practice Relating to Rule 99. Deprivation of Liberty
The Democratic Republic of the Congo’s Code of Military Justice (1972), as amended in 1978, provides for the punishment of anyone who, in the course of hostilities, without order from the authorities and except when the law so provides, arrests, detains or confines any person. 
Democratic Republic of the Congo, Code of Military Justice as amended, 1972, Article 527.
The Democratic Republic of the Congo’s Military Penal Code (2002) provides:
Article 165
Crimes against humanity are grave violations of international humanitarian law committed against any civilian population before or during war.
Crimes against humanity are not necessarily linked to the state of war and can be committed not only between persons of different nationality, but even between subjects of the same State.
Article 166
The grave breaches listed hereafter, affecting, by action or omission, the persons and objects protected by the Geneva Conventions of 12 August 1949 and the Additional Protocols of 8 June 1977, constitute crimes against humanity, repressed according to the provisions of the present Code, without prejudice to more severe penal provisions provided by the ordinary Penal Code:
5. Unlawful deportation, transfer or displacement, unlawful confinement of a civilian person protected by the Conventions or the Additional Protocols;
Article 167
The offences contained in the preceding article are punished with penal servitude for life.
If those contained in points 1, 2, 5, 6, 10 to 14 of the same article lead to the death or cause grave injury to the physical integrity or health of one or several persons, the perpetrators are liable to the death penalty.
Article 169
Any of the following acts, perpetrated as part of a widespread or systematic attack knowingly directed against the Republic or the civilian population, equally constitutes a crime against humanity and is punished by death, whether committed in time of peace or in time of war:
5. Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
Article 193
Whoever, during hostilities, without order of the established authorities and except for the cases where the law orders the seizing of a defendant, arrests, detains or illegally confines any persons, shall be punished by fifteen to twenty years of penal servitude.
Whoever lends a locality for the execution of the detention or illegal confinement shall be subject to the same penalty.
If the detention or illegal confinement has lasted more than fifteen days, the penalty shall be penal servitude for life.
Article 194
Whoever, during hostilities, proceeds, in false attire, under a false name or with a false order of public authority, to the arrest, illegal confinement or detention of an individual, or if the arrested, detained or illegally confined individual is threatened with death, shall be punished with penal servitude for life.
The death penalty shall be applicable if the victims of arrest, detention or illegal confinement were submitted to corporal torture. 
Democratic Republic of the Congo, Military Penal Code, 2002, Articles 165–167, 169 and 193–194.
In 2008, a training manual by the Prosecutor at the Military High Court for magistrates on techniques for investigating sexual crimes, including war crimes, was adopted as part of the Programme on Investigating Sexual Crimes of the Democratic Republic of the Congo. When explaining the constitutive elements of crimes, the training manual states:
Actus reus … describes the prohibited conduct which is adopted by the accused … In certain circumstances, the omission of an act which a person was legally obliged to carry out may constitute the actus reus of a crime. For example, the commander of a camp who continues to unlawfully detain civilians, while he has the power to release them, may be convicted for crimes resulting from the failure to exercise such power. 
Democratic Republic of the Congo, Training manual by the Prosecutor at the Military High Court for magistrates on techniques for investigating sexual crimes, adopted as part of the Programme on Investigating Sexual Crimes of the Democratic Republic of the Congo, Military Justice seminar, 2008, p. 8.
The Democratic Republic of the Congo’s Military Judiciary Code (2002) provides:
Chapter II: Preparatory investigation and prosecution
Article 182:
The military investigating judge can, depending on the case, issue a summons to appear before the court mandat de comparution, a warrant of enforced appearance before the court mandat d’amener, or a warrant of arrest mandat d’arrêt.
Article 187:
The military investigating judge immediately interrogates the accused who is the object of a summons to appear or a warrant of enforced appearance.
However, if the accused cannot be heard immediately, he is taken to the remand centre, where he cannot be held for longer than 48 hours.
Article 188:
Every accused arrested according to a warrant of enforced appearance who has been held in a remand centre for more than 48 hours without having been heard is regarded as arbitrarily detained.
Every judge, officer or official who has ordered or knowingly tolerated that arbitrary detention is punished according to the penalties provided by article 180 of the ordinary Penal Code.
Article 191:
If the accused has absconded, the military investigating judge can, after hearing the Military Auditor, issue a warrant of arrest against him.
The accused seized according to a warrant of arrest is, without delay, taken to the detention centre indicated in the warrant.
Article 192:
During the 48 hours of the accused’s detention his interrogation takes place. If not, the provisions of article 180 of the ordinary Penal Code are applicable.
Article 196:
Without prejudice to the provisions of articles 188 and 192 of the present Code, the inobservance of the formalities prescribed for a summons to appear, a warrant of enforced appearance, and a warrant of arrest, give rise to disciplinary sanctions against the investigating judge of the Military Auditor. 
Democratic Republic of the Congo, Military Judiciary Code, 2002, Articles 182, 187–188, 191–192 and 196.
The Democratic Republic of the Congo’s Military Judiciary Code (2002) provides:
Chapter III: Detention pending trial and provisional liberty and controlled liberty
Article 209:
At any moment, a person in detention pending trial can ask the Military Auditor for his release or provisional release.
Article 211:
At any moment, the accused or his counsel can ask the Military Auditor for provisional release, under the obligations provided in the following paragraph. The Military Auditor assesses whether he can grant provisional release or not.
In any case, the Military Auditor can order provisional release ex officio. 
Democratic Republic of the Congo, Military Judiciary Code, 2002, Articles 209 and 211.