CASE No - Inter-Parliamentary Union

- 3 - CL/183/SR.1
ANNEX XVI
Considering that, in its meeting with the Committee, the Congolese delegation contended
that, owing to the separation of powers and the fact of the final character of Supreme Court judgments
and the obligation of all State institutions to apply them, the National Assembly would have caused a
grave institutional crisis had it refused to apply Judgment R.E. 007; that the National Assembly was
conscious of the need not only to reform the judicial system, but also to find solutions for repairing the
injustices done to the parliamentarians concerned, and noting that the National Assembly invited the
Committee in this respect to carry out an on-site mission to contribute to the settlement of this matter,
Considering lastly that the Democratic Republic of the Congo is a party to the International
Covenant on Civil and Political Rights, Articles 25 and 26 of which establish the right to vote and be a
candidate in elections ensuring the free expression of the will of the electors, and the right to equality
before the law, respectively,
1. Thanks the delegation of the Democratic Republic of the Congo for its cooperation;
2. Emphasizes that the arbitrary invalidation of election results, by distorting the truth of the
ballot box, violates not only the right of the persons concerned to exercise the
parliamentary mandate entrusted to them by the people, but also the right of their electors
to be represented by persons of their choice; commends the fact that the National
Assembly has clearly voiced its disapproval of the arbitrary invalidation of the
parliamentarians concerned and has stated its readiness to repair the injustice done to
them;
3. Is alarmed at the refusal of the Supreme Court to rule on the applications for rectification
of material error duly filed, and affirms that such refusal constitutes a grave fault denying
the persons concerned their fundamental right of access to justice and throws unflattering
light on how the highest jurisdiction of the country administers justice;
4. Therefore urges the authorities immediately to redress this state of affairs, which is an
affront to a fundamental principle of democracy, namely that the results of free and fair
elections must be respected;
5. Welcomes the invitation extended to the Committee to carry out an on-site mission with a
view to contributing to the rapid settlement of this case, and requests the Secretary General
and the Committee to take the necessary steps to this end;
6. Requests the Secretary General to convey this resolution to the President of the National
Assembly;
7. Requests the Committee to continue examining this case and report to it at its next session,
to be held on the occasion of the 120 th Assembly of the IPU (April 2009).