LE STATUT PENAL DES ANCIENS PRESIDENTS DE LA REPUBLIQUE ELUS EN DROIT CONGOLAIS : PROBLEMES ET PISTES DE SOLUTION

Abstract

The Constitution of the Democratic Republic of Congo establishes the criminal status of the President of the Republic and the Prime Minister for offenses committed in the exercise of, or in connection with, their duties. Regarding former Presidents of the Republic, the Constitution is silent on their criminal status. This status was established by the Congolese legislature through Law No. 18/021 of July 26, 2018, concerning the status of former elected Presidents of the Republic and defining the benefits granted to former heads of constituted bodies. Unfortunately, this criminal status is controversial because it grants impunity to former elected Presidents of the Republic, particularly for offenses committed in the exercise of, or in connection with, their duties, but which have not been prosecuted. This impunity weakens the rule of law at its foundations and undermines the establishment of the rule of law so strongly advocated by the Congolese Constitutional Council. The revision of Law No. 18/021 of July 26, 2018, concerning the status of former elected Presidents of the Republic and setting out the benefits granted to former heads of constituted bodies, as well as the redefinition of the penal status of former Presidents of the Republic, are a way out and an urgent matter to save the foundation of the rule of law in the DRC.