behalf, is entitled to bring an action before the primary courts for offences
punishable by a term of imprisonment not exceeding five years, except
those which are exclusively preserved for other courts. It specifies that the
decisions of the primary courts may be appealed before the intermediate
courts, as provided for by Article 26 of Law No. 30/2018 of 2 June 2018 on
the jurisdiction of the courts.
288. The Respondent State argues that according to Article 29 of Law No.
30/2018 of 2 June 2018 on the jurisdiction of the courts, cases of human
rights violations punishable by a term of imprisonment exceeding five years,
except those exclusively preserved for other courts, are tried at the first
instance, by intermediate courts and may be appealed to the High Court.
289. The Respondent State also states that pursuant to Articles 42 and 53 of the
Law of 2 June 2018, a specialised chamber for international and
transnational crimes has been set up within the High Court to try such
crimes, in particular, at first instance, with its judgments being subject to
appeal before the Court of Appeal, and to further appeal before the
Supreme Court.
290. Furthermore, the Respondent State points out that in accordance with
Article 36 of Law No. 36 of 2 June 2018, it is itself liable to be tried, at first
instance, before the Administrative Division of the Intermediate Courts, the
decisions handed down by the said Division being subject to appeal before
the High Court.
291. The Respondent State recalls that in 2015, its courts heard cases of human
rights violations that took place in the eastern part of the territory of the
Applicant State as a result of the theft of a large sum of money in Sake,
North Kivu. It points out that its own nationals were arrested by the police of
the Applicant State and handed over to its authorities for prosecution. It
states that the Congolese victim intervened in the case, represented by
counsel of his choice, asking for reparations. In this regard, it cites the case
of the Prosecutor v. Mvuyekure Willy and Others.
65
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