2024-03-05 12:45:15
Maître Tshiswaka Masoka Hubert
Lubumbashi, March 5, 2024. The Human Rights Research Institute (IRDH) is seriously concerned by the content of a letter attributed to the Attorney General at the Court of Cassation, which has gone viral on social media. This describes the divergent public opinions of the investigating magistrate of the OKENDE case as “gossip distilled in the media, around the conclusion of expert reports […] with the barely veiled aim of political recovery and discrediting Justice”. The IRDH is more worried about the order that follows “to question any person who may be the author […]« especially since the opinion contrary to the said conclusion is widely shared and widespread in the press.
Indeed, the said missive alludes, firstly, to the communication on the death of the honorable national deputy and former minister Okende Senga Cherubin, last February 29 (sic March 29) which would be a suicide. Secondly, to the subsequent instruction which would be given to the Public Prosecutor at the Gombe High Court: “bring to the attention of the family of the late Cherubin Okende the convergent conclusion of the expert reports on the cause of the death of the decujus, by making available to them the documents and other reports relating to this case”. Third, the letter states that the family had refused the invitation of the Prosecutor’s Office. Fourth, the letter insists that this be notified “even by means of a Bailiff”.
It appears from the summary of the letter above that neither the family of the decujus (victim party) nor a large section of Congolese society is neither informed of the details linked to the case, nor convinced of the result reached by the investigating magistrate. .
The IRDH believes that given the state of the issue, the principles of adversarial proceedings, justice and equity should motivate the General Prosecutor’s Office at the Court of Cassation. As the difference of opinion persists, its decision should be to bring the arguments of the victim party, the expert reports and the conclusion of the investigating magistrate before the Court which has the exclusive power to decide, at the end of a fair trial.
Under Article 19 of the Constitution, EVERY PERSON has the right to have HIS CAUSE HEARD by the COMPETENT JUDGE. And, he is guaranteed to obtain a written and reasoned judgment, delivered in public hearing. (Article 21).
Furthermore, the Attorney General at the Court of Cassation should take into account the provisions of articles 22 and 23 of the same Congolese Constitution which guarantee freedoms of thought, conscience and expression. « […] Everyone has the right to express their beliefs both in public and in private.. Freedom of expression implies the freedom to express one’s opinions or beliefs, particularly in writing.
For the IRDH, neither the family of decujusvictim party, nor any other member of Congolese society should be forced to remain silent, when he considers that the argument of the investigating magistrate does not give him enough light on the death of a parent or any other member of the society.
In short, the IRDH recommends that the Magistrate who acts in the name of the company, by the principle of the uniqueness of the body, does not replace it.
Maître Hubert Tshiswaka MasokaDirector General of IRDH
Phone: +243851103409, Email: [email protected]
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#conclusion #death #Cherubin #Okende #Congo #Independent