Democratic Republic of the Congo’s Constitution of 2005 with Amendments through 2011


Judicial Independence

 
Article 149. The judicial power is independent of the Legislative Power and of the Executive Power. It is devolved to the Courts and Tribunals which are: the Constitutional Court, the Court of Cassation, the Council of State, the High Military Court, as well as the civil and military courts and tribunals. Justice is rendered on the whole of the national territory in the name of the people. The orders and the judgments as well as the ordinances of the Courts and Tribunals are executed in the name of the President of the Republic. Extraordinary tribunals or [tribunals] of exception may never be created under whatever denomination that may be. The law may create specialized jurisdictions. The judicial power has a budget drafted by the Superior Council of the Magistrature and transmitted to the Government to be included in the general budget of the State. The President of the Court of Cassation is its director. He is assisted by the Permanent Secretariat of the Superior Council of the Magistrature.
 

Judicial Council or Parallel Institution

 
Article 152. The Superior Council of the Magistrature is the organ of management of the judicial power. […] It drafts the proposals of appointment, of promotion and of dismissal of the magistrates. It exercises the disciplinary power over the magistrates. It gives its opinion on matters of recourse [for] pardon. An organic law determines the organization and the functioning of the Superior Council of the Magistrature.
 

Attorney General’s Office

 
Article 152. The Superior Council of the Magistrature is the organ of management of the judicial power. The Superior Council of the Magistrature is composed of the: […] 2. Attorney [Procureur] General before the Constitutional Court; […]

General Assembly - October 16, 2019

Report on the UN Basic Principles on the Independence of the Judiciary

Human Rights Council - June 24, 2019

Report on freedom of expression, association and peaceful assembly of judges and prosecutors

General Assembly - October 25, 2018

Report on Bar Associations

Human Rights Council - June 22, 2018

Report on Judicial Councils

General Assembly -October 17, 2017

Report on Judicial Corruption and Organized Crime

Human Rights Council - June 12, 2017

Report on Judicial Corruption and Organized Crime