Title: The defense of rights flouted: the case of commissioner Nico Kabunda Ntambi and national deputy Chérubin Okende
Introduction :
Advocacy is a fundamental pillar of any fair justice system. Unfortunately, sometimes these rights are violated, jeopardizing justice and fairness in legal affairs. This is precisely what is denounced by Me Jules Bongombe, Bertin Ntumba and Timothée Mukeng, lawyers in charge of the defense of commissioner Nico Kabunda Ntambi and Papy Ngaka, respectively bodyguard and driver of national deputy Chérubin Okende. In this article, we will look at the alarming situation of the violation of their rights of defense and its consequences.
The right to defense ignored:
Me Jules Bongombe, renowned lawyer, indignantly underlines the flagrant violation of the rights of defense in the case of his clients. Indeed, the lawyers claim not to have had access to their clients since their arrest, despite their numerous requests. According to the Congolese Constitution, anyone arrested must benefit from legal assistance and have regular access to their lawyers. However, in this case, these fundamental rights seem to be ignored, which raises serious concerns about the validity of the evidence and the legal proceedings.
Questions about the detention of their clients:
In addition to the lack of contact with their clients, the lawyers are also concerned about the conditions of detention of Nico Kabunda Ntambi and Papy Ngaka. They wonder if the latter benefit from adequate health care, appropriate food and decent housing. These legitimate questions once again raise doubts about the transparency and credibility of the minutes of the hearings and the evidence collected.
Unnecessary steps:
The defendants’ lawyers claim to have sent several letters to the public prosecutor at the Court of Cassation to denounce the violation of their rights of defence. Unfortunately, all these steps have remained without a favorable response. It seems that the request of these lawyers is systematically rejected by the commission in charge of the preparatory investigation at the provincial police station of the national police of Kinshasa. This obstruction of access to the defense casts doubt on the respect of fundamental rights in this case.
Conclusion :
The case of commissioner Nico Kabunda Ntambi and national deputy Chérubin Okende highlights the serious shortcomings in respecting the rights of defense in the Democratic Republic of Congo. The lawyers, Me Jules Bongombe in the lead, strongly denounce this flagrant violation, while expressing their concerns about the conditions of detention of their clients.. It is essential that the competent authorities take swift action to ensure a fair trial respectful of the rights of all defendants