Role of the public and the media in civil court proceedings in DR Congo

Abstract

This article explores and exposes the role public and media play in civil court proceedings in Democratic Republic of Congo (DRC). These roles are examining at a moment of multiplication of international instruments of promotion and protection of human rights. This trend at international level coincides with a worldwide national movement of recognition of fundamental rights. Whereas it is universally proclaimed that citizens have right to participate in public affairs of their state, this right also realizes in the judicial field. Traditionally, citizens can act as juror. But, this institution doesn’t exist in DRC. They can, directly or indirectly, in some countries, participate in the election of judges and prosecutors. It is regrettable that this mode of designation of judges is not consecrated in DRC. It would be an efficient way for citizens to sanction those judges and magistrates who were accused of bribery, corruption, misappropriation, and abuse of authority. Despite the negative view Congolese legislator has on public considering them as a disturbing factor, people can also act as activists of human rights in order to make better the functioning of some tribunals like the Constitutional Court of DRC and to force the observation of procedure before jurisdictions. Media play important role in civil court proceeding in DRC. Media have access to courtroom on the basis of the publicity of hearings recognized by international treaties relative to human rights, by DRC Constitution of 18 February 2006 as modified and completed to date, and by other laws relative to proceedings to observe before Congolese jurisdictions. Despite the publicity of hearings, the Act of 22 June 1996 fixing procedures of exercise of freedom of press prohibits the broadcasting of judicial trial without permission of judge presiding tribunal. But this Act is presently under consideration at Congolese Parliament. It is not excluded that the recent practice observed in some tribunals consisting to accept and tolerate broadcasting without formal authorization be consecrated by lawmakers. Media influence people on the view of judicial institutions and by providing information on tribunals and proceedings.