Country: Congo (the Democratic Republic of the)

On what grounds and when can someone be placed in custody?

When required for the investigation
What is police custody under congolese law?

Detention before judgement when necessary for the investigation
Which authority is competent to make an administrative arrest?

– District police chiefs – Regional administrators and their assistants – Agents charged with the administration of a territory
On what grounds and when can someone be arrested (administrative arrest)?

– In the case of national security – Inciting disobedience of the laws – Disorderly conduct or disruption of institutions
Is there a form of administrative arrest?

Yes
Which authority is competent to make a judicial arrest?

– “Judicial police officer” – “Judicial police agent” – Any individual
On what ground and when can someone be arrested (judicial arrest)?

After the commission of an offence and in the presence of strong evidence of guilt
What is a judicial arrest under congolese law?

Liberty deprivation of an individual suspected to have committed an offence in order to bring the accused before a competent judicial authority
(French) Press release – Preventive detention: a punishment without a culprit?
A two-year struggle against the use of illegal detention in the DR Congo

For the last two years, ASF has been working actively with the Bar Associations of the west of the DR Congo in order to combat the abusive and sometimes even illegal use of preventive detention. In the coming weeks, ASF will come back to three key aspects of this project: the development of the capacity…