2023-08-07 14:33:27
To the new Special Advisor to the Head of State in matters of security Prof. Esambo, is incumbent on the duty to favor peaceful elections and to change the approach of abuse of the Judiciary of his predecessor, Jean-Claude BUKASA.
Maître Tshiswaka Masoka Hubert
Lubumbashi, August 06, 2023. The Institute for Research in Human Rights (IRDH) is deeply concerned by the public haro on the revelation of abuse of power, destructive of the rule of law contained in the letter CS/2741/023 from Mr. Jean-Claude Bukasa, then Special Advisor to the Head of State in matters of security, ad interim, instructing the Attorney General at the Court of Cassation to reopen “the legal cases of Moïse Katumbi”. It is the duty of the new Special Adviser, Professor Jean-Louis Esambo Kangashe to make the urgent correction which requires the Executive not to abuse the judiciary for political purposes.
Indeed, in the said letter, which has gone viral on social networks, the special adviser ai reminds the Attorney General at the Court of Cassation of (i) the “injunction” to prosecute the former governor of Katanga for recruiting foreign mercenaries (more of 400 former American marines and South African commandos), (ii) orders him to fix it on the state of this file and (iii) to wait for a “new order”.
IRDH considers this letter to be scandalous because it recalls an abusive “injunction” from Mr. Alexis Thambwe Mwamba, then Minister of Justice at a time when his government was decried and strongly hated by the population. The interference of the Executive Power in judicial affairs was one of the bad practices of the old regime that human rights organizations loudly denounced.
For the IRDH, it is absurd that the Special Adviser to the President of the Republic Felix Tshisekedi resumes as a mode of management of the rule of law, politically motivated legal actions. While knowing or he should know that it was President Tshisekedi himself who had demanded to include the pure and simple abandonment of such practices, in the New Year’s Eve Agreement of December 31, 2016, when he was chief of the delegation of the “Rassemblement de l’opposition” in negotiations with the regime of former President Kabila, under the aegis of CENCO.
In short, IRDH recommends to Professor Jean-Louis Esambo to favor the holding of good, peaceful and inclusive elections, by ensuring that the security services he now heads stop terrorizing the magistrates, publicly accused of incompetence and of corruption, at the same time as they receive injunctions destructive of democracy and the rule of law.
Maître Hubert Tshiswaka Masoka
Director General of IRDH
Phone: +243851103409 | Email: [email protected]
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