A/HRC/30/32 71. The conclusion of several emblematic trials, including of FARDC officers, was a welcome step forward in the fight against impunity. However, structural problems in the justice system, particularly its lack of independence when dealing with cases against political opponents and civil society actors, remain of great concern and have resulted in the still low prosecution rate of human rights violations. 72. The High Commissioner deplores the expulsion of the former Director of the United Nations Joint Human Rights Office from the Democratic Republic of the Congo in October 2014 following the publication of the report on Operation Likofi.11 He notes with concern that the Government had decided, in January 2015, to carry out the Sukola II operation unilaterally led by two FARDC generals suspected of having committed gross human rights violations. B. Recommendations 73. The High Commissioner recommends that the Government of the Democratic Republic of the Congo: (a) Establish judicial and non-judicial mechanisms to fight against impunity for serious past and ongoing human rights violations, committed across the country, including through the adoption of the law on the specialized chambers; (b) Take all the legislative measures necessary to ensure that all those convicted of crimes can appeal against their convictions and sentences to a higher court; (c) Ensure that the fundamental freedoms of all people in the Democratic Republic of the Congo are respected in the run-up to the upcoming elections; (d) Ensure that the National Human Rights Commission is fully operational, including through the allocation of appropriate financial and logistical capacity, and that it works in line with the Paris Principles; (e) Take all the measures necessary to ensure that the defence and security forces of the Democratic Republic of the Congo fully respect international human rights and humanitarian law, including by reinforcing oversight and accountability mechanisms; (f) Work towards the full implementation of the FARDC action plan to stop and prevent underage recruitment, sexual violence against children and other grave child rights violations in the Democratic Republic of the Congo, and ensure that perpetrators are systematically brought to justice, and that victims receive timely and appropriate reparation; (g) In accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and with the assistance of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, create a national mechanism for the prevention of torture independent of the Government; (h) Establish and empower national institutions and mechanisms for the coordination and implementation of recommendations of the United Nations human rights mechanisms; 11 18 The High Commissioner issued a press release on 19 October 2014 to condemn the expulsion of the Director of the United Nations Joint Human Rights Office.

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