The Ituri Military Court recently rendered a surprising decision in the case of Christian Utheki and Jérémie Baraka, both prosecuted for participation in an insurrectionary movement. During the first public hearing held in Bunia, the court declared itself incompetent to judge this case, following the objections raised by the defence.
In a joint memorandum, the group of lawyers for the defendants argued that the charges against their clients did not fall within the jurisdiction of the military court. This position was supported by the public prosecutor, who however clarified that the offenses were indeed within the jurisdiction of the military jurisdiction. Finally, the court decided that the defendants should be sent back to their natural judges, that is to say the military garrison court, to be judged at first degree.
This decision was welcomed by the defendant, who believes that the court respected the rules of law. However, it is important to underline that Christian Utheki, arrested on August 8, faces three charges: participation in an insurrectionary movement in the territories of Djugu and Mahagi, outrageous remarks towards the army during the funeral of 13 people killed by a soldier in Tchomia, and participation in a demobilization campaign for the army engaged in operations in Ituri.
This case highlights the complex issues related to the competences of the different jurisdictions in the Congolese judicial system. It is important to ensure that each accused receives a fair trial before the competent judges, while ensuring that the offenses committed do not go unpunished.
In conclusion, the decision of the Ituri Military Court to declare itself incompetent to try Christian Utheki and Jérémie Baraka raises questions about the distribution of judicial jurisdiction in the Democratic Republic of Congo. It now remains to wait for the referral of the defendants to the military garrison court for the continuation of this case