A/HRC/19/48 H. Fight against impunity for Congolese security forces Existing recommendations 52. The Government should firmly implement its zero-tolerance policy33 for all human rights violations. Judicial authorities should pursue in-depth investigations of all members of the security forces suspected of having committed human rights violations and hold to account those found responsible. Moreover, superior officers should impose strict rules of discipline. Appropriate action has to be taken to remove army officers and battalions implicated in serious human rights violations from the FARDC, and to bring them to justice.34 Measures taken by the Government and current situation 53. During the period under review, the implementation of the zero-tolerance policy announced by the President in July 2009, including with regard to grave violations of human rights committed by the FARDC, gained momentum. A considerable number of mobile hearings were held by various military courts and tribunals, notably in South-Kivu, where between January and August 2011, hearings led to rape convictions of 52 FARDC soldiers, including several officers. 35 The High Commissioner welcomes this important progress. 54. Many officers, however, still evade justice and are rarely, if ever, prosecuted for their command responsibility. For the zero-tolerance policy to be effective, military commanders must not only impose rigid discipline but also have to be held accountable themselves for not preventing or responding to human rights violations committed by their subordinates. 55. With regard to the five army officers involved in serious human rights violations, including sexual violence, whose name were on a list given to the President by a Security Council delegation in May 2009, two are being detained, one of whom will be brought before a judge. The trial of General Kakwavu for the war crime of rape, which started on 25 March 2011 before the Military High Court, is ongoing, while on 21 October 2011, the Military Court of Kinshasa/Gombe acquitted another Colonel of rape charges for lack of evidence. The whereabouts of the remaining two officers are unknown. 56. An adequate vetting mechanism must be put in place to ensure that those responsible for gross human rights violations are removed from the army and not permitted into the chain of command. Although the Security Council called on the Government to implement such a mechanism in several resolutions,36 and despite the Government’s commitment to do so during the universal periodic review,37 no steps have been taken to date. 57. In January 2011, the FARDC started an internal reconfiguration of its units in the Kivu provinces. During this process, soldiers were transferred to training centres before being reassigned to restructured regiments. As the soldiers were transferred, entire areas were left without effective military control, creating a power vacuum which provided armed groups, including the FDLR, the opportunity to regain territory and commit 33 34 35 36 37 On 5 July 2009, President Kabila issued an edict defining a policy of zero tolerance for violations of human rights, particularly acts sexual violence, committed by members of the armed forces. See footnote 3. See para. 20 above. See, for example, Security Council resolution 1906 (2009), para. 32; and resolution 1991 (2011), para. 16. A/HRC/13/8, para. 94, recommendation 44. 17