Democratic Republic of the Congo
Practice Relating to Rule 99. Deprivation of Liberty
Section B. Deprivation of liberty in accordance with legal procedures
The Democratic Republic of the Congo’s Military Judiciary Code (2002) provides:
Chapter II: Preparatory investigation and prosecution
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.
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.
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.
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.
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.
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.