**Reflection on the death penalty in the DRC: between the desire for justice and judicial drift**
The announcement by Constant Mutamba, Minister of Justice and Keeper of the Seals in the Democratic Republic of Congo (DRC), concerning the application of the death penalty against urban bandits, known as “Kuluna”, has sparked intense controversy among the Kinéan population. While some see it as a hope of restoring security in a capital city plagued by insecurity, others express serious concerns about a measure that they fear is potentially arbitrary. Beyond individual reactions, this situation calls into question the very foundations of justice and humanity in a system plagued by many shortcomings.
For Vincent Chirac Kabangu, a victim of the Kuluna, the announcement of the death penalty is a form of comfort, a signal of hope and a call for a return to order. It is difficult not to understand his point of view, especially in the face of the violence that is eating away at the streets of the capital. According to a study conducted by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), Kinshasa recorded nearly 3,500 cases of gang-related violence in 2022, making insecurity a major problem for residents.
However, the issue is not limited to understanding the suffering of victims. It also raises a philosophical and ethical debate about justice itself. Esaïe Tutonda, a young lawyer, highlights a crucial problem: the quality of justice in the DRC. He rightly points out that in a judicial system described as “sick”, judicial decisions can easily lead to abuse. This observation should not be taken lightly, since studies by the National Human Rights Commission reveal that nearly 60% of convictions in the DRC are the result of judicial errors, often due to bribes or a lack of training of judges.
Myriam Lunzeya Pezo and other victims share the pain while advocating for harsher justice. But this desire for punishment is often part of an emotional framework that can lead to hasty decisions. This is a reminder that, according to studies on violence and criminal psychology, punishing severely without addressing the root causes of crime only increases the feeling of impunity and does not solve the structural problems at the root of this violence. As Héritier points out, it is necessary to rethink the foundations of education and support for young people, who are often left behind in a society that offers them few prospects.
In addition, decriminalization in security matters cannot be achieved without a regulated legal framework and without a real awareness of the workings of the system. From the outset, Minister Mutamba must be aware that sentencing to death without solid verification mechanisms could lead to additional human tragedies. Cases of people exonerated after years of incarceration, or even execution, are legion in deficient judicial systems.
It is also vital to mention the historical weight of the death penalty in a country whose history is marked by unprecedented violence. The DRC has experienced successive regimes that often used draconian methods to consolidate their power. According to the Human Rights Watch report, the period of the 2000s was marked by hundreds of arbitrary executions under the pretext of eradicating crime. Such a collective memory makes the decision to return to the death penalty even more problematic.
In conclusion, while the debate on the death penalty for the Kuluna continues to rage in the streets of Kinshasa, it is imperative to place the discussion in a broader context. The key is to understand that the fight against crime requires a holistic approach that includes education, socio-economic support and, above all, a reliable justice system. The radical nature of the death penalty may seem like an easy answer to rising insecurity, but it cannot replace sustained reforms and deep societal change. If the DRC wants to welcome the dawn of a new order, it must first choose to reconnect with a justice system that respects human rights and is rooted in the principles of rehabilitation, rather than those of repression.