A/HRC/41/31
the reliability of testimony, which is often the only evidence available, and making it more
difficult to identify and preserve physical evidence, such as mass graves.
40.
The team of international experts notes that the senior military prosecutor’s office of
the former Province of Kasai Oriental has not yet opened any investigations into the
international crimes committed in this region, owing to the recent arrival of a new senior
military prosecutor. Although the Provinces of Kasai Oriental, Lomami and Sankuru were
not so heavily affected by the violence, the fact remains that serious crimes, including
crimes of sexual violence, were committed in this area by members of the Kamuina Nsapu
militia and the defence and security forces. 27 At the workshop in Tshikapa on 28 February
2019, the team could see that the military prosecutor’s office for this region was willing to
start the investigation process. Given that the availability and quality of evidence is affected
by the passage of time, it is urgently necessary to launch the criminal investigations as soon
as possible.
(b)
Allocation of sufficient specialized human and logistical resources
41.
The Kasai region covers an area of more than 320,000 km2. There are virtually no
roads or tracks that are suitable for vehicles and the security conditions are unstable.
Conducting investigations there in order to identify the perpetrators of the many crimes
committed requires considerable human and logistical resources. For example, at the
International Criminal Court, which has jurisdiction over the Democratic Republic of the
Congo, a single case involves a team of more than a dozen professionals, including both
investigators and prosecutors, with specialized equipment and a budget that allows them to
travel to the sites where crimes were committed. It was in this context that the previous
team of international experts recommended that the authorities of the Democratic Republic
of the Congo should increase the human and logistical resources of military prosecutors’
offices in Kasai.28 Since the cases identified by the senior military prosecutor’s office of the
former Province of Kasai Occidental are still at the investigation stage, the team of
international experts has focused its attention primarily on the resources allocated to
military prosecutors’ offices.
42.
The team of international experts notes with concern that the senior military
prosecutors’ offices in Kasai face a severe lack of resources that has not been remedied
since the submission of the previous team’s report. For example, at present, the senior
military prosecutor’s office of the former Province of Kasai Occidental has only two
prosecutors: a senior military prosecutor and his deputy. The military prosecutors’ offices
of the garrisons of Kananga and Tshikapa, which are under the responsibility of the senior
military prosecutor’s office, have only seven prosecutors in total. These prosecutors must
not only lead the investigations into the serious crimes committed since 2016 but also deal
with cases that are pending. The premises of the military prosecutor’s office are in a bad
state of disrepair and lack a secure space for storing evidence. Furthermore, the office has
no specialized equipment for forensic investigations, including the exhumation of mass
graves.29 The team of international experts was informed that, in 2018, the operating funds
of the senior military prosecutor’s office of the former Province of Kasai Occidental
provided for in the Budget Act had not yet been transferred.
43.
Given the number and the scale of the international crimes committed in Kasai since
2016, these levels of staffing and resources are far below what is required in order to be
able to conduct investigations effectively and build strong cases against those who have
committed serious crimes, even if only those who are suspected of bearing the greatest
responsibility. The team of international experts believes that this shortage of resources is
one of the factors that explains why the investigation and prosecution strategy has not
yielded tangible results.
44.
The few investigations that have been carried out thus far by the senior military
prosecutor’s office of the former Province of Kasai Occidental would not have been
27
28
29
10
A/HRC/38/31, paras. 49–50 (Kasai Oriental Province) and para. 65 (Lomami Province).
Ibid., para. 111 (c) (i).
For the moment, it is the technical assistance team that provides the necessary expertise.
GE.19-07485
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