The non-execution of the death penalty in Congolese positive law

The Constitution of 18 February 2006, as revised by Law No. 11/002 of 20 January 2011 amending certain articles of the Constitution, is a considerable human rights instrument in the Democratic Republic of Congo because it guarantees the rights of the first generation, makes human life sacred in its Article 16 stipulates that the human person is sacred, the State has the obligation to respect and protect it. All persons have the right to life, physical integrity and the free development of their personality with respect for the law, public order, the rights of others and morality. However, the decree of 30 January 1940, as revised by Law No. 15/022 of 31 December 2015 amending the Congolese Penal Code in its Article 5, contained the retention of the death penalty among the penalties that can be imposed under Congolese law. In fact, in 2010, the Government of the Democratic Republic of Congo had affirmed its commitment to the moratorium on the death penalty, to say that even if it could be pronounced, it would not be executed.