A/HRC/13/63
page 14
NGOs (Human Rights Watch, the International Federation of Human Rights Leagues
(FIDH) and Global Witness) as “humanitarian terrorists”, following the publication of
critical reports by these NGOs.
45.
On 26 July 2009, the Congolese authorities interrupted the signal of Radio
France International, accusing the radio of destabilizing the State by broadcasting
“untrue and unconfirmed” information related to the conflict.
46.
Journalists and civil society activists who report on conflict-related issues or
criticize the army are also at risk of being tried before a military court under article 87
of the Military Penal Code (“Insult to the flag or to the army”). Anyone convicted faces
a prison sentence of between six months to five years, and loses his or her media
accreditation.
47.
Impunity for violations committed against human rights defenders by State
authorities and members of armed groups is widespread. Complaints filed by human
rights defenders are rarely thoroughly investigated and defenders who speak out are not
protected against reprisals by alleged perpetrators.
IV. IMPLEMENTATION OF RECOMMENDATIONS
48.
In their initial report,18 the experts identified eight priority objectives for
Government action and related technical assistance needs. They made concrete
recommendations on how to pursue these objectives. The Government has made little
progress in respect of these priority objectives, thereby limiting the opportunities for
partners to provide relevant technical assistance.
A. Fighting impunity and strengthening the law enforcement
and justice sectors
49.
The experts note with appreciation that a number of trials have been initiated
against officers and soldiers of FARDC, some resulting in convictions. Overall,
however, impunity remains pervasive, especially with regard to crimes committed by
powerful figures in the security forces. It is regrettable that command responsibility,
while being an essential aspect in this context, is still rarely the subject of investigation
by military prosecutors. Information received suggests that commanders continue to
protect soldiers under their command against investigations and deliberately obstruct the
course of justice. The high numbers of escapes from military and civilian prisons that
have occurred throughout the year – many of them under suspicious circumstances –
continue to be a major challenge in the fight against impunity.
50.
The fight against impunity is undermined by an apparent lack of political will to
arrest and prosecute certain high-profile suspects, including Bosco Ntaganda, against
whom the International Criminal Court issued an arrest warrant for war crimes (see also
below, para. 64)
18
A/HRC/10/59.
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