A/HRC/30/32
investigation has been opened into the alleged killings by the security forces, nor has it
received any response to a letter it sent on 14 August 2014 to the Minister, concerning the
killings.
D.
Torture and other cruel, inhuman or degrading treatment
or punishment
36.
The Committee against Torture recommended that the Government eliminate
impunity for alleged acts of torture and other cruel, inhuman and degrading treatment by
carrying out prompt, impartial and exhaustive investigations into all reported cases of
torture and ill-treatment. It also stressed that the perpetrators should be tried and the victims
properly compensated. Furthermore, the Committee requested the Government to ensure
that those who reported cases of torture and ill-treatment be protected from intimidation or
reprisals for reporting such cases (see CAT/C/DRC/CO/1, para. 6). During the 2014
universal periodic review of the Democratic Republic of the Congo, the Government was
urged to initiate investigations to determine responsibilities in cases of allegations of abuse
and torture by security forces — especially in places of detention — and prosecute
perpetrators (see A/HRC/27/5, paras. 134.49–134.50).
1.
Current situation and action taken by the Government
37.
During the reporting period, the United Nations Joint Human Rights Office
documented 605 violations by torture and other cruel, inhuman or degrading treatment,
affecting 1,191 victims throughout the Democratic Republic of the Congo. Approximately
62 per cent of the violations (377) were committed by State agents — FARDC soldiers,
Congolese national police elements and National Intelligence Agency agents, while 38 per
cent of those violations (228) were reportedly committed by members of armed groups.
38.
Some victims were reportedly tied up and beaten by members of the security forces
upon arrest, allegedly for resisting extortion, participating in political activities, failing to
participate in community work, committing petty theft or failing to pay a debt. For
example, on 22 March 2015, in Kalembe, Masisi territory, North Kivu, six men were
allegedly arbitrarily arrested and beaten by soldiers of the 804th regiment of FARDC for
refusing to participate in community work organized by FARDC to build their military
camp. On 2 January, in Buyinga, Lubero territory, two children resisted extortion of their
property by a FARDC soldier and were arbitrarily arrested, tied up and beaten with batons,
hammers and wooden sticks by FARDC soldiers. They were stripped half-naked and left an
entire night tied to poles.
39.
Some victims have been subjected to cruel, inhuman or degrading punishment,
which may have constituted torture by security force elements, for taking part in activities
perceived to be in opposition to or critical of Government actions. On 7 April 2015,
Congolese national police elements allegedly arrested four militants of Lutte pour le
changement in Goma during a public rally organized to request the release of civil society
activists detained by the National Intelligence Agency in Kinshasa. The four activists
reported that about 10 police agents had beaten them during their detention. On 13 April
2015, they were transferred to the central prison in Goma. The United Nations Joint Human
Rights Office confirmed reports alleging that they had been subjected to degrading
treatment or punishment during their detention. Prison guards forced them to collect
excrement with their bare hands while cleaning the toilets, and beat them when they refused
to obey. They were provisionally released on bail by the Court of Appeal in Goma on
29 April.
11
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