A/HRC/41/31
possible without the financial and logistical support of MONUSCO and the technical
assistance team through the joint investigation mechanism. The team of international
experts is concerned by this over-reliance on external actors, whose role is to provide
assistance in specific instances and for a limited time only, especially as discussions on an
exit strategy for MONUSCO have begun.30 At the workshop in Tshikapa on 28 February
2019, the international experts addressed the issue of empowering the military prosecutors’
offices to work independently and building on the progress that has been made thanks to
external actors.
45.
In this context, the team of international experts calls on the military justice
authorities as a whole to review the allocation of resources to the Kasai region. At the
moment, the only trial concerning events in Kasai that is under way – namely, the trial for
the killing of the two Security Council experts, Michael Sharp and Zaida Catalán, and the
four Congolese nationals who were accompanying them – is fully mobilizing the scarce
resources available, as the military court of the garrison of Kananga has only two members.
To ease the burden placed on the Kasai military justice system, the team of international
experts calls on the national authorities to consider the possibility of temporarily deploying
additional public prosecutors and judges to Kasai. Since the public prosecution service is
being directly represented by the general military prosecutor’s office at the trial for the
killing of the experts and the four persons who were accompanying them, the team expects
the same level of interest to be shown for all other cases involving acts of violence
committed in Kasai.
46.
Public prosecutors and inspectors need specialized knowledge and skills in order to
be able to deal with crimes of the kind that were committed by all parties to the conflict,
that is, crimes against humanity and war crimes. In this connection, the team of
international experts notes that the previous team recommended in its report that the
national authorities should, for example, ensure that specialized personnel are assigned the
specific task of investigating and prosecuting crimes of sexual violence. 31
47.
The workshop that was held in Tshikapa on 28 February 2019 brought together
members of the military prosecutors’ offices in Kasai and representatives of the bar
association and the civil justice system around the same table for the first time. Both during
this workshop and at earlier work sessions, the team of international experts noted that the
members of the military prosecutors’ offices had a good knowledge of the legal framework
applicable to international crimes, including sexual crimes. However, the team also noted
that the military prosecutors’ offices in Kasai lacked women prosecutors. Given that
women are among the main victims of the violence in Kasai, the team considers that
particular attention should be paid to the recruitment of women into the military justice
system in Kasai.
48.
Lastly, the team of international experts draws attention to the previous team’s
recommendation that the authorities of the Democratic Republic of the Congo should
ensure that the officers in charge of the prosecutors’ offices have at least the same rank as
the operational officers who may be held criminally liable. 32 The two senior military
prosecutors who are currently in charge of the military prosecutors’ offices in Kasai have
the rank of colonel. Since senior military prosecutors in other regions of the country hold
the rank of general, and in order to ensure that members of the Armed Forces of the
Democratic Republic of the Congo who were involved in the crimes committed in 2016 and
2017 can be investigated without fear of rank-related conflict between prosecutors and
suspects, the team of international experts reiterates the previous team’s recommendation
that the military prosecutors’ offices in Kasai should be placed under the authority of
officers with the rank of general.
30
31
32
GE.19-07485
See Security Council resolution 2463 (2019) of 29 March 2019, para. 44.
A/HRC/38/31, para. 111 (d).
Ibid., paras. 109 and 111 (c) (ii). See also article 67 of Act No. 023/2002 of 18 November 2002
establishing the Code of Military Justice: “The prosecutor who represents the public prosecutor’s
office at the hearing must hold a rank higher than or equal to that of the accused.”
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents