19 09 12 ICJ – Stop Persecution of DRC Bar Association Head

In a hard-hitting statement, the ICJ said that the DPP's interference with
the running of the affairs of the Bar Association and the persecution of Mbuyi
Mbiye – who has regularly denounced attacks on the judiciary by the executive –
constitute a 'blatant violation of the independence of individual lawyers as
well as of the legal profession as a whole'.

The ICJ also stressed that the instruction given to senior bar members
seriously undermines the independence of the judiciary, which is guaranteed by
the DRC Constitution as well as by Article 26 of the African Charter on Human
and Peoples' Rights, to which DR Congo is a State party.

"Interference of the state's prosecutorial authority in the affairs of the
legal profession can only weaken the rule of law and human rights, and erode
public confidence in the justice system," said Arnold Tsunga, Director of the
ICJ Africa Regional Programme. "In any constitutional democracy, senior bar
members cannot be instructed even to hold a meeting, let alone to dismiss their
leader."

Along with his criticism of executive interference in the judiciary, Mbuyi
Mbiye has also upset some of the powers-that-be in Kinshasa by exhorting lawyers
in the long-running Floribert Chebeya murder case to discharge their duties
without any fear or favour.

And these public pronouncements have seen him harassed and intimidated on a
number of occasions. Most significantly, in mid-July intelligence service
officers searched his home and legal chambers without search warrants and
illegally confiscated his computers – due to totally spurious allegations that
he is linked with the M23 rebel movement in eastern DRC.

The ICJ is alarmed by the persecution since the independence of lawyers is
essential for the protection and promotion of the rule of law and human rights
in a constitutional democracy. This independence requires that lawyers be
subject to self-regulation, which is free from improper and undue interference,
and observes the principles of professional ethics.

For members of the public to access justice, they need the assurance that
when requiring legal representation in any matter, including against the state,
that they will be represented by lawyers who serve the interests of justice
without fear or favour.

In conclusion, the ICJ strongly urges the DPP to desist from interfering
with the affairs of the Bar Association and to put an end to the persecution of
Mbuyi Mbiye. The ICJ also exhorts senior Bar Association members to reject the
DPP's instructions and resist any unwarranted manipulation of the Bar
Association.

Further, the ICJ calls upon competent Congolese authorities to ensure at
all times that the Bar Association, its leaders and members of the legal
fraternity are able to discharge their duties without fear or threat of
reprisals.