set out by ordinary Congolese laws and international conventions
ratified by the DRC.
The Complaint
10. The Complainants allege that the Democratic Republic of Congo has
violated Articles 2, 5, 7 and 18 of the African Charter.
THE PROCEDURE
11. In a letter dated 10 January 2003, Interrights and ASADHO, NonGovernmental Organizations with observer status at the Commission
referred the first Complaint to the Secretariat. In the same correspondence,
the Complainants also asked the Chairperson of the Commission to
request the President of the Democratic Republic of Congo, in line with
the provisions of Rule 111(3) of the Rules of Procedure of the Commission,
to take all appropriate protective measures to stay the execution of the
death sentences handed down to the victims by the Military Court on 7
January 2003.
12. On 14 January 2003, the Secretariat sent a petition by the Commission to
the President of the Democratic Republic of Congo requesting the stay of
execution of the sentences delivered while waiting for the Complaint to be
considered.
13. The Secretariat further informed the Parties that the Complaint had been
lodged under reference Communication 274/03 Interights and ASADHO v.
DRC and it will be submitted to the Commission for seizure at the 33rd
Ordinary Session scheduled to take place in May 2003 in Niamey, Niger.
At the said Session, the Commission decided to defer the consideration of
the Complaint to its 34th Ordinary Session. The Secretariat consequently
informed the Parties of the said decision on 19 June 2003.
14. On 22 October 2003, the Secretariat received a second Complaint from
Madam Odette Disu et al and acknowledged receipt thereof. She informed
the Complainants that their petition had been registered and referenced
Communication 282/03 Madam Odette Disu et al v. DRC and will be
submitted to the Commission for seizure at the 34th Ordinary Session to be
held from 6 to 20 November 2003 in Banjul, The Gambia.
15. At its 34th Ordinary Session, the Commission considered the two
Complaints and decided to be seized of them. The Secretariat informed
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