represented by a group of lawyers who have formed a non-governmental organization in a procedure for
which expenses have been incurred.
90. The Commission notes that under the provisions of Rule 112(2) of its Rules of Procedure, when a
decision is awarded against a Respondent State, the parties must within a period of one hundred and
eighty (180) days with effect from the notification of the decision, inform the Commission in writing about all
the measures taken or which are in the process of being taken by the Respondent State to give effect to
the decision.
Decision of the Commission on the Merits
The Commission,
For these reasons,
91. Declares that Article 3 of the African Charter was not violated.
92. Declares that the Democratic Republic of Congo violated the provisions of Articles 1 , 4 and 7(1)(a) as
well as 7(1)(c) of the African Charter. Consequently, the Commission:
1. Strongly recommends to the Democratic Republic of Congo to harmonize its legislation with its
international human rights obligations.
2. Recommends specifically to the Democratic Republic of Congo to ensure the enforcement of the
ordinary Criminal Procedure Code and all other legislative and regulatory texts in line with the
African Charter and other international human rights instruments to which it is a party.
3. Urgently recommends to the Democratic Republic of Congo to pay compensation to the victims, the
amount involved to be calculated according to Congolese legislation by taking into consideration the
injury suffered, the duration of the procedure and the expenses incurred.
4. Finally, requests the Democratic Republic of Congo to provide a written report within one hundred
and eighty (180) days of notification of this decision on measures taken to implement these
recommendations.
Adopted at the 14 th Extraordinary Session of the African Commission on Human and peoples
Rights, held from 20 to 24 July 2011, Nairobi, Kenya
1 The Democratic Republic of Congo ratified the African Charter on 20 July 1987
2 Promotion mission of Commissioners Andrew R. Chigovera and Sanji M. Monageng to the Democratic
Republic of Congo from 12 to 24 January 2004.
3 See Amnesty International and Others v. Sudan Communications 48/90, 50/91, 52/91 and 89/93 (2000)
RADH 323 (ACHPR 1999).
4 Order No 299/79 of 20 August 1979
5 See Cudjoe v. Ghana Communication 221/98 (2000) AHRLR 127 (ACHPR 1999) para 13
6 See Sir Dawda K. Jawara v. Gambia Communication 147/95-149/96 (2000) RADH 107 (2000) para 31 .
7 See Jawara para 32 . Emphasis by the Commission.
8 Civil Liberties Organisation v. Nigeria Communication 129/94 (2000) RADH 190 (ACHPR 1995) para 17
9 See Jawara v. The Gambia Communication 147/95-149/96 (2000) RADH 107 (2000) para 46
10 Communications 105/93, 128/94, 130/94 and 152/96 (2000) RADH 202 (ACHPR 1998) paras 64-71
11 Communications 48/90, 50/91, 52/91 and 89/93 (2000) RADH 323 (ACHPR 1999) paras 50, 80, 82.
12 Malawi African Association v. Mauritania Communications 54/91, 61/91, 98/93, 164-196/97 and 210/98
(sic!) (2000) RADH 148 (ACHPR 2000) paras 102, 104, 113. See also Media Rights Agenda v. Nigeria
Communication 224/98 (2000) RADH 273 (ACHPR 2000) paras 74-75
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