A/HRC/41/31
cases on the basis of three criteria, focusing on: (a) the easiest cases (or the low-hanging
fruit); (b) high impact cases; and (c) the cases involving the most serious violations. 12
31.
The strategy defined by the military prosecutor’s office focuses on cases that have
become emblematic owing to the particularly shocking circumstances in which the crimes
were committed, such as: (a) the “door-to-door” operations of the Armed Forces of the
Democratic Republic of the Congo in the commune of Nganza in Kananga (Kasai Central
Province) in March 2017;13 (b) the disappearance of national school inspectors in Kazumba
territory (Kasai Central Province) at the end of April 2017, which was attributed to the
Kamuina Nsapu militia;14 (c) the attack on the Tshikulu village market in Kazumba territory
by members of the Armed Forces of the Democratic Republic of Congo in May 2017; 15 (d)
the killing of 37 members of the National Response Legion of the national police by the
Kamuina Nsapu militia near the village of Malenga in Kamonia territory (Kasai
Province); 16 and (e) the holding of women and children in captivity by the Bana Mura
militia in Kamonia territory. 17
32.
Only one of these cases is ready to be tried, namely the one involving crimes
committed by the Kamuina Nsapu militia in Luebo. Little progress has been made on most
of the other cases since the adoption of the strategy, despite the investigations that have
been conducted jointly with MONUSCO and the technical assistance team. 18 While
progress is hindered in some cases by the unstable security situation in certain areas, in
other cases, the problem seems to be a lack of cooperation on the part of senior military
officials, who have failed to act upon requests for judicial assistance to allow for the
questioning of suspects who are members of the Armed Forces of the Democratic Republic
of the Congo and have been redeployed elsewhere in the country. Lastly, in some cases, the
slow progress seems to be due to a lack of human or logistical resources, as discussed
below.
33.
Although it is true that there is an investigation and prosecution strategy in place, the
team of international experts believes that this strategy can be refined, strengthened and
implemented more quickly.
34.
In the context of transitional justice, strategically selecting cases for prosecution has
the potential to contribute more broadly to reconciliation efforts by highlighting the root
causes of the crisis. Furthermore, a strategic approach to prosecution helps to ensure
objective fact-finding and to establish the truth. With that in mind, and as discussed at the
workshop in Tshikapa on 28 February 2019, the team of international experts believes that
the strategy adopted by the military prosecutor’s office should incorporate a number of
other issues that were brought to light by the 2016 crisis.
35.
The team of international experts notes, firstly, that the vast majority of the cases
that are currently under investigation involve abuses committed by the Kamuina Nsapu
militia. Yet the defence and security forces and the Bana Mura and Écurie Mbembe militias
have also committed abuses on a large scale, as detailed in the previous team’s report, and
the strategy of the military prosecutor’s office does not properly take into account the
extent of these crimes. The strategy also fails to address the ethnic dimension of the
12
13
14
15
16
17
18
8
The team of international experts notes that these criteria are similar to those identified by the former
Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,
Pablo de Greiff (A/HRC/27/56, paras. 44 ff.).
A/HRC/38/31, para. 60.
Ibid., para. 61.
Ibid., para. 61.
Ibid., para. 72.
Ibid., para. 86.
Missions of this kind have been undertaken in the commune of Nganza in the city of Kananga, Kasai
Central Province (May and June 2018); in Tshikulu, Kazumba territory, Kasai Central Province (June
2018); in Luebo, Luebo territory, Kasai Province (June 2018); and in Tshikapa, Kasai Province
(October 2018).
GE.19-07485
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