A/HRC/13/63
page 16
58.
The military justice system retains jurisdiction over most cases involving serious
violations of human rights and international humanitarian law, but remains weak and
susceptible to executive interference by military or political decision makers. The
experts are pleased to note that MONUC began supporting joint investigation teams.
The United Nations Joint Human Rights Office submits information to military
prosecutors on human rights violations by FARDC or PNC and provides additional
technical support to increase the investigative and prosecution capacity of the military
justice system.
59.
A project has been developed to establish “prosecution support cells”, operating
in teams composed of a military prosecutor, two military and two civil investigators,
and a judicial investigation expert from MONUC, in order to investigate and prosecute
alleged perpetrators of serious human rights violations. The project, which is still
awaiting approval by the Ministry of Defence, should form part of a wider effort to
strengthen the capacity of the military justice system. Measures should be taken to
guarantee that military courts are sufficiently independent to prosecute even high-level
officers, including through appointment of senior military officers to the military bench.
60.
No progress has been made on the experts’ recommendation that the civilian
jurisdiction vis-à-vis military justice institutions should be strengthened by reassigning
criminal jurisdiction over perpetrators from among the police or civilian population to
civilian prosecutors and courts.20 This should be a first step in an effort gradually to
transfer jurisdiction over serious human rights violations committed by members of the
Armed Forces to ordinary civilian courts. For this purpose, the Government should
enact the draft law on the implementation of the Rome Statue of the International
Criminal Court.
61.
Victims rarely receive the compensation that the courts order the perpetrators of
human rights violations to pay. This includes cases where the State itself is ordered to
pay for violations committed by State agents. In October 2009, the Minister of Justice
announced his intention to establish a fund to compensate victims of sexual violence, an
initiative that has also attracted donor interest. When this report was finalized, the
envisaged fund had not been established.
62.
The experts reiterate the importance of transitional justice measures to address
the massive violations which took place between 1993 and 2003. They recall their
recommendation that joint benches, comprising national and international judges and
sitting in national courts, might be an appropriate transitional justice tool that can be
combined with truth-seeking initiatives.21 In this respect, they are encouraged to note
that the investigative phase of the Secretary-General’s project to map major violations
committed between 1993 and 2003 has been concluded. The experts hope that the
timely publication of the mapping project’s findings and recommendations will provide
new impetus in the quest for justice and institutional reform.
20
A/HRC/10/59, para. 92.
21
See A/HRC/10/59, para. 95.
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