children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. of the Convention on the Rights of the Child , set out in Articles 2(1) × The following Standard Minimum Rules shall be applied to juvenile offenders impartially, without distinction of any kind, for example as to race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth or other status. and 12(1) (sic!) × 11(1) Consideration shall be given, wherever appropriate, to dealing with juvenile offenders without resorting to formal trial by the competent authority , referred to in rule 14(1) × Where the case of a juvenile offender has not been diverted (under rule 11), she or he shall be dealt with by the competent authority (court, tribunal, board, council, etc.) according to the principles of a fair and just trial. of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice and Article 5 of the Decree of 6 December 1950 on delinquent children. They further allege that the right of children to judicial assistance stipulated in Article 17(2)(c)(iii) of the African Charter on the Rights and Welfare of the Child[/url] and Article 40(2)(b)(ii) × To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence of the Convention on the Rights of the Child has been violated. 51. The Complainants, under the same instruments, also allege the violation of the prohibition of the application of juvenile death penalty under Article 6(5) × Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women of the International Covenant on Civil and Political Rights , Article 37(9) (sic!) × 37(a). (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; of the Convention on the Rights of the Child and Articles 6 and 8 of the Decree of 6 December 1950. Also alleged to have been violated are the right to the publicity of proceedings, the right of persons facing the death penalty to judicial assistance, the right to a second hearing guaranteed by Article 40(2)(b)(v) × To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that...every child alleged as or accused of having infringed the penal law has at least the following guarantees...to have his or her privacy fully respected at all stages of the proceedings. of the Convention on the Rights of the Child , Article 17(2)(c)(iv) of the African Charter on the Rights and Welfare of the Child and Article 19 of the Decree of 6 December 1950. 52. Concerning the issue raised on merits, the Complainants allege that while the DRC is duty-bound under the terms of Article 1 of the Charter to take all the necessary legislative measures for the implementation of the rights prescribed by the Charter, the State did not harmonize its domestic legislation with the international instruments to which it is a party. According to the Complainants, this failure provided the grounds for the enforcement of domestic laws that are inconsistent with the provisions of the Charter and international human rights law. Such enforcement was the basis for the sentencing of the victims to capital punishment. 53. Concerning the violation of Article 3 of the Charter, the Complainants did not provide any submission in support of such an allegation. In respect of allegations of violation of Article 4 of the Charter, the Complainants contend that the international instruments, which the DRC is a party to, prohibit the imposition of the death penalty on persons below 18 years. According to the Complainants, the death penalty delivered by the Military Court violates the obligations of the Respondent State under the said instruments. 54. As far as the violation of Article 7 of the Charter is concerned, the Complainants fundamentally allege that the inability of the victims to appeal against the decision of the Military Tribunal is a violation of the right 8