31. Similarly, the Congolese lawmakers have passed Law No. 11/008 of 9 July, 2011 on the
criminalization of torture which provides in Article 48 (a) that “Any public servant or public
officer, or any person tasked with a public service or any person acting on the orders of or the
instigation of such an official or with his express or tacit consent of such an official, wilfully
inflicts pain on a person in order to elicit from the person or a third party, information or
confessions, as a means of punishing the individual for an act that he or a third party has
committed or is suspected to have committed, to intimidate him or to pressurize a third party
or for any other motive based on a form of discrimination of any kind, shall be punished by a
prison sentence of 5 to 10 years for penal servitude and a fine of 5000 to 100, 000 Congolese
francs.
32. In the event where the facts of the case prove that the victim suffered from a serious trauma,
sickness or permanent labour incapacitation, a physical or psychological defect or where the
victim is a pregnant woman, a minor by age or the person is old or living with a disability, the
perpetrator shall be sentenced to a term of imprisonment of 10 to 20 years and a fine of
between 100,000 and 200,000 Congolese francs.
Article 6: THE RIGHT IO FREEDOM AND TO THE SECURITY OF HIS PERSON
33. The Constitution of 18 February, 2006 as amended, to date, has established individual and
group rights guaranteed to citizens. The information provided in the previous report is still
valid.
Article 7: THE RIGHT TO HAVE ONE’S CAUSE HEARD IN COURT AND THE RIGHT TO A FAIR
TRIAL
34. Apart from the information already provided on this subject matter by the DRC in the previous
report, there is no new information.
Article 8: FREEDOM OF CONSCIENCE AND OF RELIGION
35. There is no new information on this subject matter apart from all the information provided in
the previous report.
Article 9: RIGHT TO INFORMATION AND TO FREEDOM OF OPINION
36. As presented in the tenth periodic report, the right to information and to freedom of opinion is
guaranteed in the DRC.
37. The Democratic Republic of Congo currently has 445 newspapers and periodicals. The radio
and television media organs have increased from 287 in 2009 to 447 to date, with 260 radio
broadcast stations and 187 television networks. Through these media outlets, the Congolese
citizens and those who have chosen the DRC as their second home, express themselves freely
without any restrictions subject to compliance with the law, public order and accepted
standards of behaviour.
38. Furthermore, the information sector has been enriched by a new regulatory body, established
by organic law No. 11/001 of 10 January 2011 on the establishment, organisation, functions
and operations of the Higher Audiovisual and Communication Council (CSAC).
Article 10: FREEDOM OF ASSOCIATION
39. There is no new information on this subject matter apart from the information provided by the
DRC in its previous report.
Article 11: FREEDOM OF ASSEMBLY
40. With regard to freedom of assembly, it must be noted that a law was passed at the beginning
of 2016 by Parliament. However, it is awaiting promulgation and publication.
Article 12: FREEDOM OF ASSEMBLY AND RESIDENCE
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