At the heart of Congolese news, a legal event shook the country: the death sentence of a deputy for his alleged participation in the M23 insurrectional movement and for treason. Édouard Mwangachuchu, elected official from the province of North Kivu, was found guilty of illegal possession of weapons and munitions of war, participation in the M23 and treason by the High Military Court.
This death sentence took many observers by surprise, because it is rarely applied in the Democratic Republic of Congo. Indeed, for more than 20 years, the death penalty has been systematically commuted to life imprisonment. However, military justice decided to pronounce this extreme sentence without granting any mitigating circumstances to the accused.
The M23, a predominantly Tutsi insurgent movement, played a leading role in the unrest that shook the troubled province of North Kivu. With the alleged support of Rwanda, the M23 managed to take control of large territories in the region. Édouard Mwangachuchu, arrested last March in Kinshasa, was accused of having links with this rebel movement.
However, the MP’s defense claims that this is an unfair trial, motivated by considerations unrelated to the law. His lawyer denounces an unfair decision based on deductions and ethnic hatred. He insists on the fact that his client’s links with Rwanda have never been proven, and that his “tutsity” was used to establish a presumption of guilt.
The charges against Édouard Mwangachuchu are based in part on the discovery of a cache of weapons on a site belonging to a mining company of which he is the owner. Additionally, a Covid test certificate taken in Kigali last May was presented as proof of his alleged close connection to Rwanda. These elements played an important role in the decision of the military court.
Despite the defense’s challenges, Édouard Mwangachuchu’s death sentence remains in force. However, it is very likely that this sentence will be commuted to life imprisonment, in accordance with the practice in force in the country for several decades.
This case raises questions about the independence of justice in the Democratic Republic of Congo and the real motivations behind this conviction. The already fragile political and security situation in the North Kivu region makes these issues even more complex. It is therefore essential to closely monitor future developments in this case and continue to demand guarantees for the respect of human rights and the rule of law in the country.