Democratic Republic of the Congo
Practice Relating to Rule 99. Deprivation of Liberty
Section E. Decision on the lawfulness of deprivation of liberty
The Democratic Republic of the Congo’s Military Judiciary Code (2002) provides:
Chapter III: Detention pending trial and provisional liberty and controlled liberty
At any moment, a person in detention pending trial can ask the Military Auditor for his release or provisional release.
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