and appeal against the judgments delivered by the military courts. However, such a reform only partially settles the non-compliance with the Congolese criminal law and the African Charter, the violation of which has been noted in this Communication. Furthermore, the abovementioned law does not obviate nor does it remedy the injuries suffered by the Complainants, some of whom languished in the corridor of death for a decade. 87. Under the provisions of Rule 112(2) of the Rules of Procedure of the Commission, when a decision is taken against the Respondent State, the parties must, within a period of one hundred and eighty (180) days, with effect from the date of notification of the decision, inform the Commission in writing about all measures taken or in the process of being taken by the Respondent State to give effect to the decision.. Decision of the Commission The Commission, For these reasons, 88. Declares that the Democratic Republic of Congo has not violated the provisions of Article 2 of the African Charter. 89. Declares on the other hand that the Democratic Republic of Congo has violated the provisions of Articles 5, 6, 7 and 18(1) of the African Charter. Consequently, it : a) Requests the Democratic Republic of Congo to align the provisions of Decree-Law No. 019 of 23 August 1997 establishing a military court with the standards of fair trial prescribed by the African Charter. b) Urgently requests the Democratic Republic of Congo to re-open and review the case in strict compliance with human rights standards at least for persons still in detention c) Requests the Democratic Republic of Congo to maintain its moratorium on capital punishment in accordance with the Resolution of the Commission requesting States to envisage suspending the death penalty (1999). d) Further requests the Democratic Republic of Congo to compensate the Complainants fairly for the injuries suffered as a result of the 19

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