93. Regarding Article 14 (5) of the International Covenant on Civil and Political Rights which stipulates that “any person found guilty of an offence shall have the right to have the verdict examined by a higher court, in accordance with the law” , the Commission could refer to it in terms of Article 60 of the African Charter on Human and Peoples’ Rights. However, nothing in the dossier shows that the Respondent State adopted and ratified the Covenant. The Commission can therefore not examine the request. 57. [sic] Finally, there is no evidence that the victims were released from prison; in the same vein, there is no evidence that the Respondent State has already harmonised its legislation with its international commitments. However, the fact that the mere fact of recognising that its legislation is not in line with its international commitments is a confession of its culpability. On these grounds, the Commission, 94. Consequently, declares, the Democratic Republic of Congo has violated the relevant provisions of the African Charter on Human and Peoples’ Rights, namely Articles 7.a, 7.b, 7.d and 26. 95. Finds that the establishment of a Military Court, albeit legally, whose competence extends to hearing civil acts perpetrated by civilians is a flagrant ignorance of the Article 7 of the African Charter on Human and Peoples’ Rights. 96. Recommends that the Government of the Republic of Congo guarantees the independence of the tribunals and improves on the appropriate national institutions charged with the promotion and protection of the rights and freedoms enshrined in the African Charter on Human and Peoples’ Rights. 97. Urges the Government of the DRC to grant the victims a fair and equitable amount as compensation for the moral wrong suffered. 98. Recommends to the Government of the DRC to harmonise its legislation with its international commitments, if that has not yet been done. th Done in Abuja, the Federal Republic of Nigeria, on 24 November 2008. Footnotes 1. CDHC- Asbl, 18 Avenue Basoko, commune of Ngaliema, Telephone: 00243 98186937. th 2. [sic]African Commission on Human and Peoples’ Rights since October, 2001 (30 Ordinary Session). CODHO, Kinshasa-Gombe, commune of Kalamu, Telephone: 00243 9947822. 3. Association Benjamin Moloise and Ken Saro Wiwa for the Defence of Human Rights and the Development of Africa, 4251, Avenue Kabasele Tshamala- Kinshasa Barumbu Telephone 0024398212201; Email: groupe strategique @ yahoo.co, disuodette @ yahoo. Fr 4. The DRC ratified the African Charter on 20/07/1984). 5. Editor’s note, IHRDA. The document being referred to is inferred to be Resolution on the Right to Recourse and Fair Trial (1992) ACHPR /Res.4(XI)92 6. Article 56.6 102/93 Constitutional Rights Project, Civil Liberties Organisation/Nigeria]], 7. Legal Defence Center and Assistance Project v. Nigeria. 8. Legal Defence Center, Legal Defence and Assistance Project v. Nigeria. 9. Report of the Human Rights Committee, vol.I, A/59/40 (vol.I), Nations Unies, New York,2004 p.111. 10. #.60, 61; #68,69; para. 98; 11. European Court for Human Rights, Van Leuren and Meyere. th 12. CEDH, Delcourt c. Belgique, Decree of 17 January 1970, A, N 11 para. 31; Cf also, the relevant jurisprudence of the Commission:64), #86; #14. 13. PETTITI Louis-Edmond, DECAUX Emmanuel, IMBERT Pierre-Henri (Ed), The European Convention for Human Rights, observations, Paris, Economica, 1999, p..467.