Criminalisation of HIV transmission in the Democratic Republic of Congo: lack of evidence, repressive abuses and human rights issues – Critical analysis and prospects for reform in light of the S.M. case
This article offers a critical and in-depth analysis of the legal framework governing the criminalisation of HIV transmission in the Democratic Republic of Congo, using the S. M. case as a starting point for broader reflection. This emblematic case highlights the excesses of a justice system that is still too often influenced by fear, prejudice and stigmatisation of people living with HIV, to the detriment of the required standards of scientific evidence. Through a rigorous examination of this decision, the article reveals the systemic flaws and repressive excesses that still characterise the Congolese justice system, where HIV-positive status is often wrongly equated with automatic proof of guilt, particularly when it is invoked in proceedings related to sexual violence. Far from limiting itself to denunciation, this study takes a resolutely constructive perspective by calling for a thorough reform of the legal treatment of cases of alleged HIV transmission. It highlights the urgent need to develop clear guidelines for magistrates, to strengthen the training of justice professionals on the biomedical realities of HIV, and to promote a coherent approach that reconciles the fight against sexual violence, respect for human rights and public health requirements.