The Senate of the Democratic Republic of Congo has stripped former President Joseph Kabila with his immunity, paving the way for his prosecution on his alleged support of rebels in the East.
The authorities accused him of betrayal and war crimes, claiming that there was a “substantial body of documents, testimonies and material facts” connecting Kabila to the M23 armed group, which took control of several cities in the east rich in minerals.
Kabila, 53, did not comment on the accusations but in the past denied any link with the insurgents.
Nearly 90 senators voted on Thursday in favor of his pursuit of betrayal, while five opposed it.
“The Senate authorizes the prosecution and the lifting of the immunity of Joseph Kabila,” said Senate president Jean-Michel Sama Lukonde after Thursday’s vote.
The former president, who led the country between 2001 and 2019, did not appear before the Senate to defend himself.
After resigning, he received the title of “senator for life”, which gives him legal immunity.
In order to continue the charges against him, the military prosecutor of Dr Congo had asked the Senate to relaunch this privilege.
Kabila has lived outside the country in South Africa for two years. But at the beginning of last month, he said he would come back to help find a solution to the east conflict.
A few weeks later, it was reported that the former president had returned and was in Goma, one of the cities captured by the M23.
But these were refused by his political party, the Popular Party for Reconstruction and Democracy (PPRD).
Last month, The authorities prohibited the PPRD Due to its “ambiguous attitude” towards the occupation of the Congolese territory by the M23.
Ordering the seizure of Kabila’s assets, the Minister of Justice Mutamba said that the former president should return to the country and “face justice … and present his defense”.
Analysts say that any Kabila test could destabilize the country more, which has been fighting against the M23 rebellion since 2012.
Kabila’s party has described its “pure theater” prosecution aimed at distracting the Congolese from the main challenges that the country is confronted, the AFP news agency reported.
Kabila, a former military officer, resumed the country’s management in 2001 at the age of 29, after the assassination of her father Laurent Kabila.
While Kabila supported the rise of Tshisekedi, they fell later and relations between the coalition of their parties officially ended in December 2020.
Kabila has retained significant power through her political party and her influence within the power coalition, potentially undermining the presidency of Tshisekedi.
Kabila left Dr. Congo in 2023, officially to study in South Africa.
The fighting between the M23 and the Congolese army and the Allied militia continued in the East while the rebels try to expand their territory.
Dr. Congo and Rwanda, who denies the accusations he supports M23, could go to a peace agreement to end the fighting, which has seen hundreds of thousands of forced civilians from their home in recent months.
The two countries signed a preliminary agreement in Washington last month and said they had agreed from a way to peace.
Last year, three M23 leaders were continued in absentia by a military court and sentenced to death for betrayal.
In March, the government offered a 5 million dollars award (4 million pounds sterling) to help stop rebel leaders – Corneille Nangaa, Sultani Makenga and Bertrand Bisimwa.
Additional Wyci Muia reports in Nairobi
