Publication date: July 08, 2023
Title: The trial of Édouard Mwangachuchu continues despite the withdrawal of lawyers
Introduction :
The trial of Édouard Mwangachuchu, accused of having links with the M23 rebels, continues before the High Military Court. However, a new twist was observed during the hearing on Friday July 07: Mwangachuchu’s lawyers withdrew, while those of his co-defendant, Robert Mushamalirwa, did not appear. This decision was made due to the Court’s refusal to grant Mwangachuchu a two-week postponement to receive proper health care.
The Court’s lack of humanity:
Mwangachuchu’s lawyers reacted strongly to the court’s refusal to grant him time for his health care. They argued that health is a fundamental right of every human being, as stipulated in the Constitution. They argued that their client had undergone major heart surgery and needed regular medical follow-up. However, the prison doctors were not equipped to provide him with proper care.
The position of the High Military Court:
The High Military Court responded by emphasizing that the decision to transfer a detainee to a hospital center falls within the competence of the prison administration and not of the court. According to her, it is up to the prison administration to determine whether it is necessary to transfer Mwangachuchu elsewhere.
The reaction of the public prosecutor:
The prosecution strongly criticized the withdrawal of Mwangachuchu’s lawyers. He pointed out that when lawyers withdraw without consulting their client, they are normally no longer allowed to appear in court. The prosecution has warned that if Mwangachuchu finds himself without a lawyer, the Military High Court will appoint lawyers to represent him ex officio.
Continuation of the trial:
Due to the absence of the defendants’ lawyers, the High Military Court postponed the case until next Tuesday to allow the defense to reorganize. In this case, Mwangachuchu and Mushamalirwa are accused of treason, participation in an insurrectionary movement, espionage and illegal possession of weapons of war. The charges stem from the discovery of firearms at Mwangachuchu’s residence in Kinshasa and at the premises of his company SMB in Masisi, North Kivu.
Conclusion :
The trial of Édouard Mwangachuchu continues to be marked by twists and turns. The withdrawal of lawyers and the court’s refusal to grant a discount for health care have highlighted the challenges of the Congolese justice system