Violation of defense rights – Lawyers request access to their clients
In a case which is arousing a lot of interest in the DRC, the lawyers of two suspects, Commissioner Nico Kabunda Ntambi and Papy Ngaka, denounced the flagrant violation of their clients’ defense rights. In correspondence addressed to the Attorney General at the Court of Cassation, the lawyers expressed their concern about the lack of access to their clients until now.
Me Jules Bongombe, Me Bertin Ntumba and Me Timothée Mukeng, the lawyers in charge of defending the suspects, underlined the seriousness of this violation of the rights of the defense, which is guaranteed by the Congolese constitution. They deplored the fact that they had not been able to contact their clients and raised questions about their conditions of detention and their state of health. They also questioned the credibility of the hearing minutes that were produced.
The case also drew attention to other irregularities, including the systematic rejection of all requests made by lawyers since the investigation began. Lawyers denounce a lack of access to evidence and information relating to the investigation, which seriously compromises the ability to prepare an adequate defense.
At the same time, the family and lawyers of national deputy Chérubin Okende, also involved in this case, were invited to a working session with the prosecutor to discuss the necessary prerequisites for holding an autopsy.
Chérubin Okende, former Minister of Transport and Communications, was found dead in his vehicle on July 13. The circumstances of his death, which was caused by gunfire, are still unclear and are the subject of an ongoing investigation.
This case raises concerns about respect for defense rights in the DRC. Guaranteeing the right to an adequate defense is essential to ensure a fair trial and protect the fundamental rights of individuals. It is imperative that authorities take steps to ensure lawyers have access to their clients and to ensure transparency and fairness in this matter.