### Presidential Pardon in the DRC: Towards Legal Expertise or an Institutionalized Black Market?
The subject of presidential pardon in the Democratic Republic of Congo (DRC) has recently sparked waves of indignation, following allegations concerning the monetization of this measure at the central prison of Makala. In a context where human rights are already considered precarious, the revelation of Emmanuel Cole, president of the Bill Clinton Foundation for Peace, reveals a less than stellar facet of the Congolese judicial system: the transformation of presidential pardon into a commercialized good.
Assessment of the situation? Ward governors and some clerks are said to have engaged in systematic racketeering among detainees, promises of release in exchange for hard cash. This phenomenon raises a crucial question: is presidential pardon still an act of clemency or is it a bureaucratic procedure with overtones of corruption?
#### The Institutional Dimension of Corruption
Corruption in the DRC is an endemic phenomenon that permeates every layer of the social and operational fabric. According to Transparency International, the country is among the most corrupt in the world, a ranking that sheds a harsh light on the way in which justice officials operate. Prisons, which should be places of rehabilitation, then become grounds for monetary transactions, which is all the more worrying.
In this light, the situation at Makala prison represents only the tip of the iceberg. Other prisons, not only urban but also rural, seem to follow the same pattern, transforming what should be an impartial judicial process into a lottery where only those who can afford to pay can aspire to some form of redemption.
#### The Impact on Prisoners and Society
The implications of this phenomenon do not stop at the injustice suffered by the prisoners concerned. They extend beyond that, affecting public perception of the justice system. Does this situation foster a climate of contempt for institutions? A survey conducted by the national television channel revealed that 78% of Congolese believe that corruption among judicial actors prevents fair justice.
People convicted of serious crimes, including rape, represent another worrying aspect of this issue. As Emmanuel Cole has pointed out, the possibility that they benefit from presidential pardons raises a major ethical challenge. Who really benefits from a system that seems to betray victims in favor of those who have the means to negotiate their freedom?
#### The Call for Reform: Return to Equity
In this deleterious context, Emmanuel Cole’s call to the Minister of Justice for urgent and rigorous measures seems particularly appropriate. In the context of reform, it is imperative to review both the criteria for granting presidential pardons and the processes in place to prevent any form of trafficking. The establishment of a transparent public registry and the introduction of independent oversight measures could be essential first steps.
On the legislative front, the development of laws that specifically criminalize the cashing in of presidential pardons while ensuring adequate protection for whistleblowers could be a game changer. This could not only set a precedent for law enforcement, but also strengthen public confidence in the justice system.
#### Conclusion: A Call to Reason and Ethics
The current situation at Makala Central Prison is a tragic lesson in the failings of a system that is supposed to protect the rights of citizens. The prospect of a black market in presidential pardons is not simply a question of legality; it raises deep moral concerns. The DRC must seize this moment to question the integrity of its justice system and its commitment to its citizens.
Real progress towards equitable justice in the DRC can only happen if meaningful reforms are implemented. What is at stake here is not just the freedom of a few prisoners, but the very essence of a legal system that must serve all. True justice cannot excuse any concessions to corruption; on the contrary, it must aspire to eradicate this evil by all possible means.