A/HRC/13/63
page 8
civil society and many human rights defenders. She also met with representatives of
MONUC, United Nations agencies and diplomatic missions.
3. Visit of the Special Rapporteur on summary,
extrajudicial or arbitrary executions
16.
The experts note with appreciation that the Government extended an invitation
to the Special Rapporteur on summary, extrajudicial or arbitrary executions, Mr. Philip
Alston, who visited the country from 5 to 15 October 2009. The experts have been able
to draw on findings of the Special Rapporteur in compiling their report.
III. DEVELOPMENT OF THE HUMAN RIGHTS SITUATION,
PARTICULARLY IN THE EAST
A. Overall human rights situation
17.
The situation of human rights in the Democratic Republic of the Congo is of
serious concern and continues to deteriorate, especially in the eastern region. This is
also highlighted by the latest reports of the Secretary-General, OHCHR and the Group
of Experts on the Democratic Republic of the Congo of the Security Council’s
Sanctions Committee.2
18.
FARDC (including the newly integrated elements), PNC, ANR and other
intelligence services, have committed serious human rights violations and grave
breaches of international humanitarian law. Violations committed by members of State
security forces include: summary executions; sexual and gender-based violence; torture
and other cruel, inhuman or degrading treatment or punishment; arbitrary arrest and
detention; forced labour and extortion.
19.
Some of the FARDC violations were perpetrated in the context of Kimia II
operation against the FDLR armed group that started in February 2009. This operation
is being conducted with the logistical and, in some instances, operational support of
MONUC. According to the United Nations Joint Human Rights Office in the
Democratic Republic of the Congo, between May and September 2009, FARDC troops
engaged in the Kimia II operation summarily executed at least 62 people around
Nyabiondo (North Kivu), while at least 8 more people disappeared. As a result, on 1
November 2009, MONUC suspended its support for the FARDC units allegedly
involved in the killings.
20.
At the end of his visit, the Special Rapporteur on summary, extrajudicial or
arbitrary executions concluded that “from a human rights perspective, [Kimia II] has
2
Thirtieth report of the Secretary-General on the United Nations Organization Mission in the
Democratic Republic of the Congo, S/2009/623; Report of the High Commissioner for Human Rights on
the situation of human rights and the activities of her Office in the Democratic Republic of the Congo,
A/HRC/13/64; Report of the Group of Experts submitted through the Security Council Committee
established pursuant to resolution 1533 (2004) concerning the Democratic Republic of the Congo,
S/2009/603.
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