A/HRC/13/63 page 15 51. In May 2009, a delegation of the Security Council visiting the country handed to the President and other senior officials a list with the names of five high-ranking army officers accused of crimes of sexual violence. The five have yet to be prosecuted. According to the latest information received, only two are in pretrial detention, while two are under controlled supervision in Kinshasa and one is at large. 52. In July 2009, President Joseph Kabila announced a policy of “zero-tolerance” for human rights violations committed by FARDC members, which would include holding commanders accountable for the behaviour of their soldiers. While the experts strongly welcome the announcement of this policy, significant obstacles hamper its implementation. 53. The serious structural deficiencies of the justice system foster impunity. The experts are concerned that legislation has not been adopted to establish the Constitutional Court, the Court of Cassation and the State Council, as required by the 2006 Constitution. Judicial structural reform must be implemented urgently, including through the establishment of high courts. The Higher Judicial Council, established in 2008 to be responsible for the selection of, and disciplinary measures against, judges is not fully functional and shortcomings persist regarding its internal organization, human resources and budget. 54. The State needs to increase the financial, logistical and human resources that it provides to the justice system. The Government has decreased spending on the judicial sector to 0.24 per cent of the 2009 budget, which is far below the 2-6 per cent of national budget that most other countries dedicate to justice. 55. Reiterating their recommendation to expand the State justice system in rural areas and provide more support to legal assistance programmes,19 the experts note that the President redeployed more than 600 new judges in July 2009, including to remote areas. When this report was finalized, a considerable number of them had apparently not yet reported to their new posts. The Government also launched a competitive examination, on the basis of which 1,000 magistrates (civil and military) are to be appointed. 56. In July 2009, the President also dismissed 86 judges by decree. In the absence of timely replacements, these dismissals have created a critical shortage of judges in some areas. Furthermore, the dismissals were reportedly made without hearings being held and did not meet fundamental due process standards. Reportedly, a number of those judges who were dismissed had disciplinary measures or a criminal sentence pronounced against them. However, others were promoted even though the facts of their cases were substantially identical. 57. One step towards greater transparency would be to adopt a code of ethics for judges. A draft code has been developed by the Higher Judicial Council in cooperation with donors and the United Nations Joint Human Rights Office and is intended to be submitted to the General Assembly of the Higher Judicial Council for adoption. 19 A/HRC/10/59, para. 93.