A/HRC/19/48
rapes and abductions. Sexual violence continued to be a major source of concern
throughout the reporting period.
II. Measures and response to recommendations
A.
Arbitrary and illegal arrests and detentions
Existing recommendations
4.
The powers of arrest of the various State security services should be restricted and
the State should ensure that the Congolese National Police (PNC) is the primary law
enforcement agency. Moreover, the State should investigate all cases of arbitrary arrest,
prosecute those responsible and provide compensation to the victims. UNJHRO should be
granted unfettered access to all prisons and detention centres in the country.4
Measures taken by the Government and current situation
5.
Since the High Commissioner’s last report, the Government has still not taken
significant action to reduce arbitrary arrests and detentions. On a regular basis, civilians are
arrested for actions that do not constitute criminal offences, such as unpaid debts or alleged
sorcery. Agents of the National Intelligence Agency (ANR) and the Direction générale de
migration (DGM) arrest people for reasons outside the scope of their respective mandates.
Moreover, civilians arrested are often denied their constitutional right to have a judge
decide the lawfulness of their detention. The absence of judicial control over these
detainees and the perceived normality of these unofficial procedures, especially in securityrelated cases, enable the powers of intelligence and security officers to go unchecked and
renders the officers highly susceptible to corruption. Throughout 2011, civilians were also
frequently arrested for political reasons, resulting in intimidation and limits on the right to
freedom of expression.5 Arbitrary arrests and detentions are often used by police officers to
extort money from civilians.
Action taken by the Joint Human Rights Office
6.
In cooperation with national prosecutors, UNJHRO has continued its efforts to visit
detention centres throughout the country to ensure that international and Congolese laws
regulating the deprivation of liberty are respected. In this way, UNJHRO has brought
numerous cases of arbitrary arrest or illegal detention to the attention of the judicial
authorities, which in turn has led to the release of a large number of victims. During the
reporting period, UNJHRO also organized several awareness-raising activities and training
sessions for Congolese security forces to increase their knowledge of and respect for the
laws on the subject. It should be recalled that, despite several Security Council resolutions6
and a presidential directive of 5 July 2005, UNJHRO human rights officers are still denied
the right to access the large majority of detention facilities of the National Intelligence
Agency (ANR) and the Republican Guard.
Obstacles to the implementation of existing recommendations
7.
The obstacles mentioned in the High Commissioner’s previous reports persisted
throughout the period under review. Premeditated arbitrary and illegal arrests and
4
5
6
6
See footnote 3.
See paras. 42 and 43 below.
Security Council resolutions 1906 (2009), 1925 (2010) and 1991(2011).
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