Law 11/008 on the Criminalization of Torture

This law criminalizes torture and offers a legal definition of the crime. The criminalization of torture was adopted so that Congolese law would align with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the Government of the Democratic Republic of the Congo had ratified on March 18, 1996.

A 2013 press release published by the United Nations Joint Human rights Office (UNJHRO) asserted of the state of the law’s implementation at that time, “at least five soldiers of the Congolese armed forces (FARDC), five agents of the Congolese National Police, one agent of the national intelligence service and one administrative official have been convicted for practicing and/or encouraging the use of torture. Sentences which ranged from six months to life imprisonment were imposed by courts in Equateur, Bas Congo, Kasai Occidental, Katanga, Maniema and Orientale provinces.”[1] However, the press release also states, “Despite considerable progress made since the enactment of the law criminalizing torture, the UNJHRO underlines that important challenges remain before its eradication.”[2]

[1] “The United Nations welcome that ‘Criminalization of torture in the DRC is moving forward,’” Office of the High Commissioner for Human Rights, Press Release, July 9, 2013, https://www.ohchr.org/en/press-releases/2013/07/united-nations-welcome-criminalization-torture-drc-moving-forward.

[2] Ibid.