A/HRC/30/32
40.
Members of armed groups have also subjected civilians to mutilation and cruel
treatment during attacks on villages. For example, on 20 June 2014, in Makumo, Lubero
territory, North Kivu, Mai Mai Lumumba combatants reportedly mutilated the ears of two
civilians and wounded another’s face with a machete for their alleged complicity in the
killing of their leader.
41.
The Government of the Democratic Republic of the Congo promulgated a national
law against torture on 9 July 2011, but its implementation has been weak. During the
reporting period, military tribunals convicted at least six individuals for torture — four
Congolese national police agents and two FARDC soldiers — according to the United
Nations Joint Human Rights Office. The low number of convictions may partly be due to a
lack of awareness of the law against torture within the judiciary. More efforts are therefore
required to raise awareness about the law across the country.
2.
Action taken by the United Nations Joint Human Rights Office
42.
The United Nations Joint Human Rights Office continued to monitor and report on
incidents of torture and other cruel, inhuman or degrading treatment or punishment
throughout the country.
43.
Together with the Vice-Minister for Human Rights and United Nations police
officers, representatives of the United Nations Joint Human Rights Office visited places of
detention in Bas-Congo and Bandundu Provinces to evaluate arrest procedures and
conditions of detention, and assess their compliance with national and international human
rights standards. Despite the adoption by the Democratic Republic of the Congo of the
Optional Protocol to the Convention against Torture in 2010, and the sustained advocacy
conducted by the Joint Office, the Government has not yet set up a national mechanism for
the prevention of torture and other cruel, inhuman or degrading treatment or punishment, as
required by article 3 of the Optional Protocol.
E.
Fight against impunity
44.
The Human Rights Committee recommended that the Government take all
appropriate steps to ensure that all human rights violations brought to its attention be
investigated, and that those responsible for such violations be prosecuted and punished (see
CCPR/C/COD/CO/3, para. 10). During the 2014 universal periodic review of the
Democratic Republic of the Congo, the Government was in particular urged to take the
measures necessary to put an end to impunity in all cases of violence against women (see
A/HRC/27/5, para. 134.61).
1.
Current situation and action taken by the Government
45.
Positive and significant developments were observed in the fight against impunity,
some of which resulted from activities conducted with the support of the United Nations
Joint Human Rights Office and its partners. During the period under review, according to
information received by the Joint Office, at least 60 Congolese national police agents and
165 FARDC soldiers were convicted throughout the country for various human rightsrelated offences.
46.
On 15 December 2014, in Bukavu, the Military Court of South Kivu rendered its
verdict in the case of Lieutenant Colonel Bedi Mobuli Engangela, alias “Colonel 106”, who
was charged with crimes against humanity in connection with grave crimes committed in
South Kivu between 2005 and 2007, including rape, sexual slavery and murder. The Court
convicted him of crimes against humanity for murder, rape, sexual slavery, imprisonment
and severe deprivation of liberty, and sentenced him to life imprisonment. The Court also
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents