Democratic Republic of the Congo
Practice Relating to Rule 100. Fair Trial Guarantees
Section I. Presence of the accused at the trial
The Democratic Republic of the Congo’s Military Judiciary Code (2002) provides:
If the defendant sent or brought before the military jurisdictions for an offence could not be seized or, after having been seized, has escaped, or if, regularly summoned, he does not appear, the judgement, as far as it concerns him, is rendered in absentia.
If the judgement has not been personally served, an objection can be received until the expiration of the limitation period of the penalty. If the convicted person presents himself or if he is arrested before the penalty has expired by limitation, he is without delay notified of the judgement.
The notification, under penalty of nullity, includes the note that he can, within five days in time of peace and within 24 hours in time of war, lodge an objection against the judgement by declaration either at the time of its notification, or to the registry of the closest military jurisdiction, and that, after expiration of that time limit without objection having been lodged, the judgement will become definitive at the expiration of the time limits for demurring.