Group de Travail sur les Dossiers Judiciaires Strategiques v. Democratic Republic of the Congo

In September 2002, the African Commission on Human and Peoples’ Rights (the commission) received a complaint against the Democratic Republic of the Congo (DRC) (defendant) alleging violations of the African Charter on Human and Peoples’ Rights (the charter). The complaint asserted that military courts in the DRC had handed down death sentences for seven children who had been used as child soldiers during a conflict. Six of the children’s sentences had subsequently been commuted to terms of imprisonment, but one of the children was allegedly executed. The complaint asserted that the imposition of the death sentences violated Article 4 of the charter, which protects the right to life. In response, the DRC asserted that the children were child soldiers who had been tried for serious offenses, including criminal conspiracy, armed robbery, and murder, all of which were subject to the death penalty under Congolese law. The complaint further asserted violations of Article 7 of the charter, which protects the right to a fair hearing. The complaint contended that the military courts’ decisions were not appealable and that the children had not been assisted by counsel during the military-court proceedings. The DRC argued that even though the military courts’ decisions were not appealable, the possibility of a presidential pardon existed for convicted individuals. The DRC further noted that the children should have been appointed counsel, though the DRC could not provide proof that the children had actually received assistance. The commission determined that the complaint was admissible and then considered the complaint’s merits.