Courts overturn election results regarding 16 DRC political candidates; violate Covenant in relation to one candidate only

Facts

The authors of the communication are sixteen nationals of the Democratic Republic of Congo (DRC). In 2018, the authors ran for political office. The authors challenged before the Constitutional Court the results showing that they had not been elected. The authors won their cases and were validated as elected deputies. Constitutional Court judgments are not subject to appeal, but the Court can correct factual errors. Various political parties filed claims requesting the correction of factual errors contained in the judgments validating the authors. With respect to one author, Banze, the request to correct the judgment validating her was not made correctly. Apart from Banze, the Constitutional Court invalidated the authors’ election and validated the election of other candidates. Those authors appealed to the Constitutional Court, but the Court summarily declined jurisdiction. In August 2019, the other candidates were validated. The judgment validating Banze was never superimposed yet has not been implemented. She claims violations of articles 2 and 14 (1).

Admissibility

The Committee considered that domestic remedies were fully exhausted as Constitutional Court judgments are not subject to appeal and the State party did not participate in the matter and therefore did not argue otherwise. The separate claims under article 2 are inadmissible because article 2 provisions do not give rise to independent claims. The authors’ claim alleging a denial of access to the courts was not substantiated because that right only refers to access to first instance court procedures. The authors’ remaining claim alleged a violation of their right to a fair trial under article 14 (1). However, although the Court initially validated the authors’ elections, during the procedure used to invalidate the elections—a procedure provided for by law which the authors participated in with counsel—apart from author Banze, the authors had the opportunity to demonstrate that they won but failed to do so, and unlike Banze, the requests to amend their judgments had been made correctly. Therefore, those authors’ claims were inadmissible. As the judgment validating Banze was never amended, that author sufficiently substantiated her claim on account of non-execution of the judgment validating her election win.

Merits

The record showed that the original decision proclaiming Banze to have been elected remained unchanged yet had not been implemented. The Committee noted that the right of access to a court pursuant to article 14 (1) of the Covenant would be illusory if a final and binding judicial decision remained inoperative. The Committee concluded that the State party violated the rights guaranteed to Banze under article 14 (1) of the Covenant.

Recommendations

The State party should, inter alia:

a) Fully implement Constitutional Court judgment No. RCE 979/DN of 14 June, 2019, if that is materially possible;

b) Provide the author Josiane Maloba Banze with adequate compensation for the material and non-material damage she has suffered.

Implementation

Deadline for implementation: 22 April 2024