At the heart of the challenges of criminal justice, the crucial question of respect for human dignity in the application of sanctions looms. This is a fundamental principle that must guide all judicial decisions. During the recent discussions at the Estates General of Justice in Kinshasa, the need to place man at the center of any criminal action was pertinently highlighted.
Professor Nyabirungu Songa, an eminent specialist in the field, highlighted the importance for any criminal sanction to be consistent with the principle of human dignity. Beyond this ethical requirement, he recalled that sanctions must fulfill several essential functions, such as retribution, neutralization, deterrence, rehabilitation and reparation. These functions ensure both justice and the effectiveness of the sanctions imposed.
Adapting the Congolese Penal Code to current realities appears to be an essential necessity. Indeed, maintaining a criminal law inherited from the colonial era cannot meet the needs of a sovereign nation like the Democratic Republic of Congo. It is therefore imperative to rethink this legal framework to bring it into line with contemporary challenges.
Furthermore, the criterion of human dignity also implies a reflection on the prison system and the use of preventive detention. The Auditor General of the Armed Forces, Likulia Bakumi, stressed the need to respect the principle that freedom is the rule and detention the exception. He also highlighted the importance for magistrates to closely supervise detention decisions to avoid prison overcrowding.
In short, these debates of the Estates General of Justice illustrate the desire to rethink the Congolese judicial system to make it more respectful of fundamental rights and more effective in its mission to guarantee security and social peace. By placing human dignity at the heart of all judicial decisions, the DRC will be able to build a fair and equitable penal system, in line with the aspirations of its people.