A/HRC/27/42
B.
Actions taken by the Office of the United Nations High Commissioner
for Human Rights
35.
UNJHRO has continued to provide assistance to the justice authorities in the fight
against impunity, including technical and logistical support to bring investigators and
magistrates to sites where human rights violations have been committed. More specifically,
in partnership with the United Nations Development Programme and national and
international NGOs, UNJHRO provided support to four missions,16 conducted by judicial
authorities in various parts of the country, to investigate human rights violations, including
extrajudicial or summary executions, torture, sexual violence, and arbitrary and/or unlawful
arrests and detention.
36.
For example, from 6 to 12 January 2014, a joint team, composed of UNJHRO staff
members, other MONUSCO colleagues and personnel from the Military Prosecutor’s
Office were deployed to Irumu territory, Orientale province, to investigate allegations of
human rights violations committed in the context of FARDC military operations against
FRPI combatants. The investigation resulted in the arrest of 18 FARDC elements who have
since been charged with various crimes, including summary executions, rape, arbitrary
arrests and illegal detention. Four were released due to lack of evidence.
37.
During the reporting period, UNJHRO also provided logistical and technical
assistance to three mobile court hearings,17 in collaboration with other partners. For
instance, it provided financial support to mobile court hearings in Kalehe, South Kivu
province, from 19 to 28 May 2014. As a result, the South Kivu military court convicted five
FARDC soldiers and two PNC agents of sexual violence, issuing sentences ranging from
four to 15 years of imprisonment. UNJHRO monitored the trial and observed that due
process had been observed. The victims and the accused had legal representation and
protection measures were implemented to protect the victims who testified during closed
hearings. Besides ensuring accountability, another benefit of such hearings was the
visibility of justice in the communities where the violations occurred.
38.
The fight against impunity was a prominent item during the visit of the United
Nations Deputy High Commissioner for Human Rights to the Democratic Republic of the
Congo in August 2013.18 The Deputy High Commissioner reiterated the OHCHR
commitment to assisting the authorities in the fight against impunity for gross human rights
violations and discussed how to move forward with prosecutions concerning emblematic
cases, including rape cases and other gross human rights violations committed in Walikale
and Bushani, North Kivu province, in Ituri, Orientale province, and Minova, South Kivu
province.19 She stressed the need to prosecute all perpetrators of sexual violence, including
high-ranking officers.
39.
On 25 March 2014, the Human Rights Council, with OHCHR support, held a highlevel dialogue on lessons learned and continuing challenges in combating sexual violence
16
17
18
19
12
To South Kivu, North Kivu, Equateur and Orientale provinces.
Of the three hearings supported by UNJHRO during the reporting period, two were in South Kivu and
one in Equateur province.
From 22 to 28 August 2013, the Deputy High Commissioner, Flavia Pansieri, visited the Democratic
Republic of the Congo (see OHCHR press release, “Respect for human rights key to stabilization
succeeding in DRC”, 28 August 2013, available from
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13667&LangID=E).
See MONUSCO/OHCHR report, “Progress and obstacles”, paras. 36–41.
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