Congolese wonder about sudden death of Kamerhe judge

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Raphael Yanyi, the president of the Kinshasa district court, died suddenly and mysteriously on the night of Tuesday to Wednesday in Kinshasa. The death of the magistrate in charge of the trial Vital Kamerhe, director of cabinet of President Tshisekedi, surprised everyone in the DRC.

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With our correspondent in Kinshasa, Patient Ligodi

Relatives say he had started his day normally, but it was around 4 p.m. that the first signs of weakness were noticed. His health deteriorated further in the evening. Raphael Yanyi was transferred to the hospital around 9 p.m. when his death was recorded. Will there be an autopsy? It is in any case the request of a part of the family, but no decision has yet been taken.

A request that is also taken up by certain human rights organizations such as the Congolese Association for Access to Justice (ACAJ). Its president, George Kapiamba, even insists that the samples should be sent to a specialized laboratory abroad.

After the announcement of his death, the situation was tense around the residence of the judge. Young people were mobilized this morning. Barricades had been placed before the police deployed and used tear gas to disperse the dozen protesters.

On social networks too, it's runaway. Everyone gets their comment. We retain, for example, the appeal of the citizen movement Lucha, which requests that all the light be shed on this case of death. There is also the appeal of Hervé Diakese, lawyer and activist member of the standing Congolese movement who declares: "To  honor his memory is also to continue without losing all these legal actions around the" 100 days program "".

Given the circumstances, the questions are legitimate. It is in the interest of Justice and all parties to the #Kamerhe & Crts trial that the cause of the death of judge Raphaël Yunyi be scientifically determined, by an independent and credible structure. 2/2

No procedural change for the case

The first consequence of this death will be the appointment of a new judge. According to judicial sources, when a member of the composition has died, the president of the court appoints a new judge. In a second step, all the minutes of the two hearings which had taken place in this case will be re-read.

 ► Read also: Resumption of the trial of Vital Kamerhe judged for alleged embezzlement

The other question is who will be the presiding judge in the case. If the one who enters has the same seniority as the one who died, the new judge will become the presiding judge, but this is quite rare. The most plausible hypothesis would be to take the more senior of the two judges. A priori, in the procedural sense, there will be no impact on the rest of the trial, but on the psychological level, losing the presiding judge when we know that the previous hearing was tense, could leave traces.

The next hearing in this matter is scheduled for June 3, and will resume proceedings rather than trial.

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