When Justice Must Protect Life, Not Take It

The Democratic Republic of Congo (DRC) stands at a critical crossroads in its commitment to human rights, the rule of law and democratic justice.

For more than two decades, the Democratic Republic of Congo maintained a de facto moratorium on executions. Although courts continued, in certain circumstances, to impose death sentences, executions had not been carried out since 2003. In March 2024, however, the authorities lifted this moratorium, reopening the possibility of executions. The United Nations High Commissioner for Human Rights described this decision as a major step backwards.

For the Forum des droits humains (Human Rights Forum), this development raises a fundamental question: Can a State that is committed to protecting human rights, democracy and the rule of law continue to retain a punishment that permanently deprives a human being of the right to life ?

Our answer is clear: the Democratic Republic of Congo should abolish the death penalty once and for all.

The right to life must remain at the heart of justice

The right to life is one of the most fundamental principles of international human rights law. Article 4 of the African Charter on Human and Peoples’ Rights recognizes that every human being has the right to life and that no one may be arbitrarily deprived of that right. The African Commission on Human and Peoples’ Rights has repeatedly called on African States to move towards the abolition of capital punishment and has emphasized the relationship between abolition, the right to life and human dignity.

At the United Nations level, Article 6 of the International Covenant on Civil and Political Rights (ICCPR) protects the inherent right to life. While the Covenant still permits capital punishment in very limited circumstances for States that have not abolished it, international human rights law has progressively developed towards abolition.

The UN Human Rights Committee has further clarified that the concept of “the most serious crimes” must be interpreted narrowly and refers to crimes of extreme gravity involving intentional killing. Crimes such as political offences, economic crimes, corruption, armed robbery and other offences that do not involve intentional killing cannot justify the death penalty under Article 6 of the ICCPR.

The death penalty cannot become an instrument of justice in times of crisis

The DRC is experiencing armed conflict, insecurity, terrorism-related allegations, political tensions and serious challenges within its justice system. These circumstances make the question of capital punishment even more sensitive.

In such an environment, the State must demonstrate the highest level of judicial caution. The death penalty is irreversible. A wrongful conviction cannot be corrected once an execution has taken place.

The risk becomes particularly serious where investigations are incomplete, access to legal assistance is inadequate, trials take place under exceptional security conditions, or where allegations of torture, coercion or violations of due process arise.

A strong State is not a State that kills. A strong State is a State capable of protecting society while respecting the dignity and fundamental rights of every person, including those accused or convicted of the most serious crimes.

The alarming increase in death sentences

The lifting of the moratorium has already had serious consequences.Amnesty International reported in January 2025 that at least 300 death sentences had been handed down by military courts since the authorities announced the resumption of executions in March 2024.

This development deserves urgent attention from Congolese institutions, the African human rights system and the international community.

The fight against armed groups, terrorism, treason, violent crime and insecurity cannot justify abandoning fundamental human rights standards. On the contrary, periods of crisis are precisely when the rule of law must be strongest.

International law is moving towards abolition

The global trend is unmistakable.The Second Optional Protocol to the International Covenant on Civil and Political Rights was specifically adopted with the objective of abolishing the death penalty.

The African Commission on Human and Peoples’ Rights has also repeatedly called on States that retain capital punishment to take concrete measures towards abolition, including ratifying the Second Optional Protocol to the ICCPR.The African Commission has emphasized that abolition contributes to the protection of the right to life and human dignity and has developed a draft regional protocol on the abolition of the death penalty in Africa.

The Democratic Republic of Congo should not remain on the margins of this historic movement.

A call to the international community

The abolition of the death penalty in the Democratic Republic of Congo must not be left solely to Congolese civil society. The Forum des droits humains(Human Rights Forum) calls upon international partners, diplomatic missions, United Nations agencies, the European Union, the African Union, the African Commission on Human and Peoples’ Rights, international human rights organizations and development partners to make the abolition of the death penalty a stronger component of their human rights dialogue with the DRC.

We urge international partners to:

publicly encourage the restoration of a moratorium on executions; support Congolese civil society organizations working for abolition; provide technical assistance for legislative reform; strengthen judicial and human rights institutions; monitor death sentences and proceedings before military and civilian courts; engage Congolese authorities through diplomatic and human rights mechanisms;support victims of miscarriages of justice and persons sentenced to death; encourage the DRC to ratify the Second Optional Protocol to the ICCPR.

International solidarity must not be limited to statements after an execution. Preventing an irreversible violation of the right to life requires action before it is too late.

The country should choose abolition.

Forum des droits humains (HUMAN RIGHTS FORUM)

For Democracy, Peace, Justice, Human Rights and Human Dignity

Kinshasa, Democratic Republic of Congo.