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
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