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20. If a suspect belongs to the military, exactly the same rules apply,
except that in such a case the role of the office of the Public Prosecutor is
exercised by the Auditorat Militaire (office of the Chief Military Prosecutor)
(arts. 198-201 of the Code de Justice militaire). Apart from SARM, the armed
forces have their own military police, but since the Gendarmerie Nationale is
part of the armed forces, persons belonging to the military can also be
arrested by the Gendarmerie.
21. All law enforcement agencies have their own places of detention generally
referred to as cachots. In the case of common crimes, the suspect is usually
referred to a general prison after a relatively short period and kept there
awaiting trial. In cases, however, where a person is suspected of having
committed a crime against the security of the State or the armed forces, he
may be kept for a considerable time in the cachot of the competent agency
pending the completion of the inquiry in view of the sensitive character of
the matter. In highly delicate cases, contacts with a lawyer are only
permitted after the inquiry is finished, although the lawyer can discuss the
case with the agency itself.
22. The activities of the various security agencies are co-ordinated within
the Conseil National de Securite (CNS), a body which is responsible to the
recently established (1989) Commissariat d'Etat a la Securite du Territoire et
aux Anciens Combattants (Department of Internal Security).
23. The judicial system is co-ordinated by the Conseil Judiciaire, in which
the judiciary as well as the Office of the Public Prosecutor and the Chief
Military Prosecutor are represented. Its President has a function which is
comparable to that of Minister of Justice.
24. Under the authority of the Conseil Judiciaire, all places of detention
and prisons have to be visited every fortnight by magistrates of the Office of
the Public Prosecutor. Persons who are found to be irregularly detained have
to be released immediately.
25. When the investigation is finalized, the suspect is brought to trial. If
he is charged with a crime against the security of the State, he will be tried
by the Cour de Surete de l'Etat (Court of National Security). While according
to the law no appeal is possible from the decisions of this court, the Special
Rapporteur was informed that a person convicted by the Cour de Surete de
l'Etat may go into cassation of a sentence with the Supreme Court on the
grounds of violation of the law.
26. Although the legal rules are clear and in general must be deemed to be in
conformity with international standards, in actual practice they were not
complied with. The fact that there were many allegations of illegal and
arbitrary arrests, torture and serious maltreatment (which in some cases were
found to be correct, leading, inter aliaT to the disbanding of the military
intelligence agency) led the authorities to decide to establish the Department
of Rights and Freedoms of the Citizen (Departement des Droits et Libertes du
Citoyen - DDLC). The Department, created by ordinance 86/268 of
31 October 1986, started its work in the course of 1987. According to the
Head of the Department, Vice-Premier Commissaire d'Etat Maitre Nimy Mayidika
Ngimbi, DDLC's functions are threefold: informing citizens about their
rights; orienting and guiding citizens as to how to deal with the various