Wetsh'Okonda Koso and Others v Democratic Republic of Congo (Communication 281 of 2003)
Wetsh'Okonda Koso and Others v Democratic Republic of Congo (Communication 281 of 2003) [2008] ACHPR 94 (24 November 2008)
The African Commission found that the Military Court, established by decree and composed predominantly of military officers lacking legal qualifications, failed to provide the guarantees of independence, impartiality, and equity required under Articles 7 and 26 of the African Charter. The absence of any possibility of appeal or opposition to its decisions, and the lack of a reasoned judgment, constituted a flagrant violation of the right to a fair trial. The Commission determined that, at the time of the events, no effective local remedies were available to the applicants, thus satisfying the…
Source excerpt
- Fair Trial Rights
- Military Tribunals
- Judicial Independence
- Access To Justice
- Right Of Appeal
- Compensation For Human Rights Violations