Democratic Republic of the Congo
Practice Relating to Rule 100. Fair Trial Guarantees
Section M. Right to appeal
The Democratic Republic of the Congo’s Military Judiciary Code (2002) provides:
In time of war or in any other exceptional circumstances of a nature to endanger the life of the Nation, in particular threats of war, armed rebellion or insurrection, Operational Military Courts are established in the zones of war operation, which accompany the units of the army in operation.
The installation of Operational Military Courts is decided by the President of the Republic.
With the exception of the decisions rendered by the Operational Military Courts, the decisions and judgements of the Military Tribunals are subject to objection [opposition] and appeal [appel].
With the exception of the decisions rendered by the Operational Military Courts, during the circumstances contained in article 18 above, the decisions and judgements of the military jurisdictions are subject to annulment for violation of the law [annulation] and re-opening of proceedings after a conviction [révision] in accordance with the provisions of the present Code.
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. However, the right to appeal cannot be suspended.