A/HRC/33/36
2.
Action taken by the United Nations Joint Human Rights Office
24.
The Office has continued its advocacy of inquiries into all human rights violations,
particularly the cases of extrajudicial killings submitted monthly to the authorities
concerned, so that the alleged perpetrators can be prosecuted and brought to trial. However,
there has been no movement on several cases, including some involving the prosecution of
police officers and members of the Republican Guard who, during the demonstrations in
Kinshasa and Goma in January 2015, shot and killed at least 20 people.
C.
Torture and other cruel, inhuman or degrading treatment
25.
The Committee against Torture invited the Government to take effective measures to
prevent any acts of torture throughout the country and called for steps to be taken to
eliminate impunity for alleged acts of torture. 9 The Working Group on the Universal
Periodic Review (UPR) recommended that the Government should establish, pursuant to
article 3 of the Optional Protocol to the Convention against Torture and other cruel,
inhuman or degrading treatment or punishment, an independent national mechanism for the
prevention of torture that would be empowered to visit all places of detention. The Special
Rapporteur on torture regretted the lack of response from the Government to the
communications submitted to it and recalled that prolonged incommunicado detention may
facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or
punishment and can in itself constitute a form of such treatment.10
1.
Current situation and action taken by the Government
26.
During the reporting period, the Office identified 822 cases of torture and other
cruel, inhuman or degrading treatment or punishment affecting 1,473 victims throughout
the country; 57 per cent of the violations were committed by State agents and 43 per cent
by armed groups.
27.
Some victims were abducted by members of the security forces, including the
National Intelligence Agency, and then held incommunicado; they were intimidated, beaten
and deprived of food or sleep to force them to confess or to sign incriminating documents.
Such was the case of Fred Bauma and Christopher Ngoy Mutamba, mentioned previously.
28.
Members of armed groups have also subjected civilians to mutilation and cruel
treatment during attacks on villages. For example, in Vututu (Irumu territory, Ituri
province), during the night of 24 to 25 October 2015, a group of around 40 combatants of
the Forces de résistance patriotique d’Ituri attacked two miners on whom they inflicted
injuries to make them disclose the spot where they had hidden their gold.
29.
The military courts have handed down convictions for cases of torture committed by
members of the defence and security forces. For example, on 3 June 2016, the Uvira
garrison military court found a FARDC commander guilty of torture, sentencing him to two
years’ imprisonment together with the payment of a fine, damages to the victim and court
costs.
2.
Action taken by the United Nations Joint Human Rights Office
30.
The Office has continued to monitor and report to the authorities cases of torture and
other cruel, inhuman or degrading treatment or punishment that have been documented
throughout the country, particularly in places of detention. The practice by the intelligence
9
10
8
CAT/C/DRC/CO/1, para. 6 (a) and (b).
A/HRC/31/57/Add.1, para. 105.
GE.16-13984
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