The withdrawal of the lawyers of the defendant Édouard Mwangachuchu during the hearing on Friday July 7, 2023 provoked strong reactions from the lawyers of the civil party, who believe that this aims to block the procedure. They ask the High Military Court to appoint other lawyers ex officio if the defendant is not assisted at the next hearing.
According to Me Trésor Tendake, lawyer for the Republic, the lawyers for the defendant justified their withdrawal by invoking the serious illness of their client and their inability to defend him. However, the Republic opposes this argument, considering that it is an attempt to block the procedure. The High Court therefore decided to postpone the hearing to the following Tuesday.
On Friday, Mwangachuchu’s lawyers castigated the “inhumane” behavior of the High Military Court, which refused to grant their client appropriate care despite his precarious state of health.
Édouard Mwangachuchu and his co-defendant are suspected of having links with the M23 rebels. They face charges of treason, participation in an insurrectionary movement, espionage and illegal possession of weapons of war. These proceedings were initiated following the discovery of weapons of war in the residence of Mwangachuchu in Kinshasa, as well as in the premises of his company SMB in Masisi, in North Kivu.
This situation raises many questions about the course of the trial and the guarantee of the rights of the defence. The withdrawal of Mwangachuchu’s lawyers raises doubts about the validity of the proceedings and the fairness of the trial. The request by the lawyers for the civil party to appoint other lawyers ex officio in the event of the defendant not being present at the next hearing shows the importance of guaranteeing respect for the laws of the Democratic Republic of the Congo in matters of defense .
It is crucial that the High Military Court take the necessary measures to ensure that the defendant is assisted in respect of the rights of the defence. What is at stake in this trial is major, because it concerns serious accusations which could have serious consequences on the life of Édouard Mwangachuchu and his co-defendant.
It is essential to closely follow developments in this case and ensure that justice is served fairly and in accordance with applicable laws. Respect for the rights of the defense is a fundamental principle that must be preserved in any trial, whatever the context.