A/HRC/30/32
condemned him, in solidum with the State, to the payment of damages to the civil parties.
On 7 November 2014, the High Military Court convicted General Jérôme Kakwavu for his
individual and command responsibility for rape and war crimes, and sentenced him to
10 years of imprisonment. General Kakwavu was a former commander of the Forces
armées du peuple congolais, a militia active in the district of Ituri between 2003 and 2005.
Despite the length of the proceedings, the convictions of Colonel 106 and General
Kakwavu represent an important step in the fight against impunity.
47.
Other developments include the conviction of a former high-level commander of the
Forces démocratiques de libération du Rwanda, Kizimi Lenine Sabin, for crimes against
humanity. He was sentenced to life imprisonment by the Military Garrison Tribunal of
Bukavu on 29 December 2014, after mobile court hearings supported by MONUSCO. On
17 November 2014, in Beni, the Military Operational Court of North Kivu rendered its
judgement in the case concerning the assassination of Colonel Mamadou Ndala after a
series of mobile court hearings held in Beni territory. The Court convicted five FARDC
officers and six commanders of the Allied Democratic Forces-National Army for the
Liberation of Uganda for the assassination.
48.
In November 2014, Justin Banakoli, alias “Cobra Matata”, leader of the Forces de
résistance patriotiques en Ituri, indicated that he was going to surrender to FARDC, along
with 812 of his combatants. However, negotiations with the Government failed as Cobra
Matata insisted on a general amnesty for himself and his men, as well as integration of his
forces into FARDC, with recognition of their ranks. He was arrested on several charges,
including that of child recruitment, and transferred from Bunia to Kinshasa Ndolo military
prison on 5 January 2015 with MONUSCO support. He is accused of desertion, forming a
rebel movement, crimes against humanity, war crimes, child recruitment and attempting to
escape from detention.
49.
Many challenges remain in the fight against impunity and in the administration of
justice. Several case files considered emblematic owing to the high number of victims or
the nature of the violations and the profile of the perpetrators, remain unresolved due to
lack of action by judicial authorities to hold the perpetrators accountable. OHCHR is
concerned moreover about the lack of appeal for the accused, tried in first instance before
the Cour militaire opérationnelle, the Supreme Court and the Military High Court, as well
as the imposition of the death penalty, despite a de facto moratorium on its application
since 2003.
50.
On 2 June 2015, the National Assembly adopted draft legislation on the
implementation of the Rome Statute of the International Criminal Court, which the
Democratic Republic of the Congo ratified in 2002. A large conference organized by the
Minister of Justice and Human Rights was held, from 27 April to 2 May, to assess the
situation of the justice system and suggest reforms. Several important recommendations
relating to the fight against impunity and witness and victim protection were adopted on
that occasion.
2.
Action taken by the United Nations Joint Human Rights Office
51.
The sentencing of General Kakwavu and Colonel 106 marked the culmination of
years of effort (seven in the case of Colonel 106) by MONUSCO and other national and
international partners in the fight against impunity. The United Nations Joint Human Rights
Office supported the process from the investigation, reporting and advocacy phases to the
judicial investigation process and the trial. The Joint Office also worked closely with the
authorities to set up a witness protection system allowing witnesses to testify without fear
of reprisal and implemented protection measures for victims and witnesses throughout the
pretrial and trial phases, which resulted in pretrial support being provided to 100 victims
and in 80 victims testifying anonymously.
13
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