Democratic Republic of the Congo
Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
In 2005, in its third periodic report to the Human Rights Committee, the Democratic Republic of the Congo stated:
There is no definition of torture in any constitutional, legislative or regulatory instrument referring to torture. Nevertheless, Congolese Jurisprudence, as reported by Professor Likulia Bolongo (Droit pénal spécial zaïrois, Paris, LDGJ, 2nd ed., 1985, p. 180), views as physical torture:
(a) Very serious ill-treatment and acts of cruelty or barbarity, inflicted primarily with the aim of causing suffering (Boma, 4 December 1900, State Jurisprudence, I, p. 102, Boma, 22 July 1902, State Jurisprudence, I, p. 205);
(b) The tightening of a victim’s bonds in a painful manner (Léopoldville, 18 September 1928, RJCB 1931, p. 163);
(c) The binding of a person tightly by the wrists, arms and feet with ropes, and then placing the individual in direct sun and leaving him for several hours without food or water (Elisabethville, 23 May 1911, Congo Jurisprudence, 1912, p. 174);
(d) Intentionally putting out the eye of a person under arrest.
It should be noted that these physical tortures do not constitute a specific offence, but, rather, an aggravating circumstance of the offence provided for in article 67, paragraph 1, of the Criminal Code. In the absence of infringement of individual freedom, torture may be prosecuted only as assault and battery.