A/HRC/27/42 27. Commitments to address impunity for sexual violence and other human rights violations are encouraging.6 Of note are the 13 arrest warrants for international crimes against alleged M23 members or their affiliates issued by Congolese judicial authorities between May and July 2013. At least 10 of those warrants were issued for crimes against humanity, including rape and sexual slavery. Extradition requests for four M23 elements, namely Jean-Marie Runiga and Colonels Zimurinda, Ngaruye and Badege, were addressed to the Government of Rwanda in July 2013, after those individuals had reportedly fled to Rwanda in March 2013. 28. However, many challenges remain in the fight against impunity. Several case files considered important, given the high number of victims, remain unresolved due to lack of action by judicial authorities to hold the perpetrators accountable. For example, investigations have been stalled concerning mass rapes allegedly committed in Bushani and Kalambahiro by FARDC soldiers, and those allegedly committed in Walikale by members of armed groups.7 In those particular cases, few arrests have taken place and the judicial authorities have not conducted thorough investigations. In the Bushani and Kalambahiro events, the Military Prosecutor’s Office opened a file with the support of UNJHRO. Two officers were questioned and the North Kivu military hierarchy refused to allow more officers to be interrogated and provide any relevant documents to the Military Prosecutor. Concerning the Walikale events, the only alleged perpetrator who was arrested escaped during a mass breakout from Goma prison during the fall of Goma in November 2012. 29. While judicial authorities initiated investigations into some of the violations of human rights and fundamental freedoms committed during the 2011 electoral period,8 little progress has been observed with regard to the prosecution of the alleged perpetrators of gross violations committed in Kinshasa in that context. 30. On 5 May 2014, the Operational Military Court of North Kivu delivered its judgement on the Minova case9 and convicted 26 FARDC soldiers, but most were acquitted regarding charges of rape and their superiors were exonerated from command responsibility. Only two soldiers were convicted for rape, one for murder and the others for charges such as looting and violations of the military code. This is of concern as, based on investigation missions into the case conducted from 30 November to 17 December 2012, UNJHRO confirmed that at least 135 victims, including 33 girls had been raped during the Minova incident. Although there is no possibility for appeal, in contravention of 6 7 8 9 10 See MONUSCO/OHCHR report, “Progress and obstacles in the fight against impunity for sexual violence in the Democratic Republic of the Congo” (April 2014), para. 26. Ibid., para. 37. See MONUSCO/OHCHR, “Report by the United Nations Joint Human Rights Office on the violations of human rights and fundamental freedoms committed during the electoral period in the Democratic Republic of the Congo, as well as on the actions taken by Congolese authorities in response to these violations (October 2011–November 2013)” (December 2013). On 20 November 2013, in Goma, the Operational Military Court of North Kivu held its first hearing in the Minova case pertaining to serious human rights violations, including mass rape, committed by FARDC soldiers in Minova and surrounding areas, Kalehe territory, South Kivu province, between 20 November and 2 December 2012. Thirty-nine FARDC elements, including seven senior officers, were accused of crimes against humanity and war crimes of rape, as well as other crimes and military offences. MONUSCO provided technical advice to the prosecution, as well as assistance concerning the security and protection of victims and witnesses, in coordination with international partners.