Détention preventive en Droit militaire face au principe de la liberté indivuelle en Droit congolais

Abstract

Preventive detention in military law violates the principle of individual freedom and the presumption of innocence, as it can be extended up to twelve months by the investigating judge. It therefore socially appears as a definitive sentence. However, the arrested person is presumed innocent and has the right to be tried without undue delay.The absence of judicial oversight before the military prosecutor fosters abuses committed by magistrates during the period of preparatory investigation. Arrests and detention of civilians by the military prosecutor for civil matters remain unsatisfactory. These behaviors call for and require several recommendations aimed at amending certain provisions of the military judicial code for the benefit of the Congolese people, who are victims of illegal detention and arbitrary arrests.