** Kinshasa, June 17, 2025 – At the crossroads of legal and human paths **
The recent decision of the High Military Court of Kinshasa to refer the case of taking to task against a military judge raises many questions both on the judicial process and on the human impact of the decisions taken in this context. This event, which follows accusations exploring the errors of jurisdiction of a judge president of the military court of Goma, illustrates the complexity of the issues linked to military justice in the Democratic Republic of Congo (DRC).
At the heart of this case is General Ndesho Kabwene, who challenged a conviction at 20 years in prison for criminal association. His defense aroused a debate on the concept of fair trial and balance of arms, fundamental principles which should be respected in any legal process. The military prosecutor also stressed the importance of guaranteeing these principles, not only for the defendant, but also to ensure the integrity of the judicial system.
### a worrying historical context
The case cannot be separated from the historical context of the DRC, a country that has suffered from a long past of armed conflicts, expropriations of land and insecurity. The events in question go back to tragic episodes during the Congolese Rally for Democracy War (RCD), when many people have been moved from their ancestral lands. More than 36,000 individuals, represented by five land defenders as part of this case, have been expelled for reasons that affect issues of power and property, delicate themes in a country where the question of land is still sensitive.
The populations affected by this situation currently live in displaced camps, thus suffering from the long -term consequences of these conflicts. This is a poignant reminder of the impact that the fight for justice can have on human lives, stressing the need for a more human approach in the treatment of judicial affairs.
### The challenges of the fair trial
The referral of this case raises the essential question of the adequate preparation of the defense in a context where each party must be able to present its arguments in a fair and fair way. The decision to allow the defendant party to comply the file and obtain certain necessary documents for defense is perceived as a step towards a fair trial. However, the relief it brings is tainted by reality that the defendant, in this case General Ndesho Kabwene, is in a delicate health situation.
It is crucial to ask: do current judicial systems sufficiently take into account the human conditions of defendants? Shouldn’t the physical and mental health elements of individuals judged to be an integral part of ethical considerations in any trial? By answering these questions, military justice could not only strengthen its legitimacy but also its humanity.
### Towards a constructive reflection
The judicial challenges that the DRC faces are systemic and persist due to the inheritance of conflicts and historical disputes. However, each decision made in the courts of court will have an impact on the social fabric of the country. With this in mind, it would be beneficial to strengthen the training of military judges and improve the processes of sanctioning the faults committed within the judicial system.
Indeed, the investigation given by the president of the composition of the high military court to his clerk to remain accessible to defense is a movement in favor of transparency. Accessibility to documents and information is essential to ensure that all votes are heard. This could potentially establish a positive precedent in the way justice is administered in the country.
### Conclusion
The procedure which is currently taking place in Kinshasa is emblematic of the tensions which are going through military justice in the Democratic Republic of the Congo. It highlights the challenges linked to human rights, access to justice and the struggle for a fair trial in a country marked by deep injuries.
The evolution of this case will not fail to attract the attention of local and international actors. By translating the principles of justice into concrete actions, the DRC has a unique opportunity to transform legal standards into a real healing tool for its citizens. This case could thus become a model for future reforms, favoring dialogue, understanding and reconciliation rather than conflict.