International Justice for the Democratic Republic of Congo
The project International justice for the Democratic Republic of Congo (DRC) aims to contribute to:
the struggle against the impunity of the international crimes committed in the country,
the restoration of the victims’ dignity by means of their participation in the trials,
the respect of the accused defence’s rights
and the reconstruction of the Congolese judiciary system.
This project is the logical continuation of the activities developed by ASF in the DRC since 2002. It deals with the trials implicating the DRC, on one hand, in front of the International Criminal Court (ICC), on the other hand, in front of the national jurisdiction (particularly in the most concerned regions, namely the provinces of Maniema, Equateur, North and South Kivu and Orientale). The programme, related to ASF action in DRC consists of four steps:
1. The strengthening of the abilities and competences of the Congolese playing a role in the judicial pursuits conducted in the country and in front of the ICC against the perpetrators of international crimes. Altogether, five schemes are being developed:
- Formation of an intervention team of around fifteen lawyers for urgent situations in the domain of Congolese military justice (bringing up to standard the general knowledge in the matters of law and of penal procedure in the military).
- This is followed by the establishment of about one hundred lawyers providing counselling to victims and those accused by the Congolese jurisdiction and ICC by means of a training cycle of two years open to all lawyers with a valid attorneyship.
§ Education and use of magistrates in the judicial pursuit of international crimes by the Congolese jurisdiction.
- Training and workshops by NGOs about their cooperation with the national jurisdiction and the ICC. The role of these is central: to inform the media and the public about the role of the Congolese jurisdiction and the ICC; to provide information to the jurisdiction; to create an intermediary in the lawyers dealing with the provision of legal advice to victims between, on one hand, the Congolese jurisdiction and the ICC, and on the other hand, the victims themselves.
§ Formulate strategies to combat impunity at the provincial level by organizing round tables involving all those concerned (lawyers, civil and military magistrates, NGOs, others dealing with civil corporation, possibly the judiciary police).
2. Juridical counselling. To support the work of the NGOs and other agencies of the Congolese civil corporation to abet victims of international crimes regarding the exercise of their rights in front of the Congolese jurisdiction and the ICC. Altogether, two plans are being created:
- Supervision and legal advice for the agencies that provide the link between the victims and the lawyers. As their judicial capacities to organize the identification, welcoming and preparation of the victims are non-existent, so their means to call upon an external jurisdiction limited.
- Support of the initiatives aiming to develop activities linked to the struggle against impunity by use of the expertise or the financial assistance of ASF (sensitisation to Congolese justice and to the ICC, observation of the trials, compiling and publishing reports and other analyses, publication and distribution of pamphlets, radio transmissions, etc.).
3. Judiciary assistance. Assure the victims and/or those charged with international crimes that they may exercise their rights in front of the Congolese jurisdiction and the ICC. In total, two schemes are being developed:
- Assistance in front of the Congolese jurisdiction. The lawyer appointed by ASF attends and represents his client (victim or accused) throughout the process, from the pre-jurisdictional phase (plaintive deposit, advice, etc.) to the post-jurisdictional phase (appeal, sentence execution, etc.) while observing the trial himself.
- Assistance in front of the ICC. This guarantees a minimal representation of the victims (in response to the high budget contributed by the ICC to the defence of the accused).
4. Advocacy. Inform those who would like to take part in the processes of the ICC on the legal challenges and other obstacles encountered by the victims (or their legal representatives). Carry out monitoring to facilitate the participation of the victims. ASF wants to inform everyone involved who does not have a close reference point in the DRC.
Read more about our project International Justice for DRC
Activity Report 2004
Activity Report 2003
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ASF Programmes
