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Democratic Republic of Congo following the example of several African states expresses its will to belong to the concert of civilized nations as of its accession to the international sovereignty, thus the DRC gradually equipped itself with tools reinforcing the protection of human rights.The constitution of the DRC, in its article 16 disposes ¨toute human person is sacred ¨ and several other instruments as well national as international of which the DRC is member.With regard to all this it is raised the principle of the presumption of innocence, this principle supposed that any person accused of a criminal act is presumed innocent until his guilt was legally established during a public trial where all the guarantees necessary to his defense were assured to him by the provision 11 paragraph 1 of UDHR