Monguya Mbenge v. Zaire

Abstract

Human rights — Fair trial — Rights of defence — Right of accused to be tried in his presence — Right of accused to defend himself — Judgment given in absentia — Whether prohibited — Due notification of trial — Imposition of death sentence — International Covenant on Civil and Political Rights, 1966, Article 14(3) — Arrest and detention — Accused arrested and detained without charge — Whether violation of freedom from arbitrary arrest — Enforcement and remedies — Amnesty decree — Whether an effective remedy for violation of rights

International tribunals — United Nations Human Rights Committee — Mandate — Whether competent to review decisions of national courts — Evidence required — International Covenant on Civil and Political Rights, 1966, Optional Protocol