A/HRC/24/33 E. Situation of journalists, human rights defenders, victims and witnesses 1. Recommendations 30. At the universal periodic review, it was recommended that the Government develop a legal framework to protect and ensure the security of journalists, human rights defenders, and members of civil society and the political opposition.25 It was also recommended that Government should ensure that members of political parties, media and civil society are permitted to exercise freely their rights to freedoms of expression, association and peaceful assembly according to international standards.26 2. Action taken by the Government and current situation 31. The situation of human rights defenders and journalists remains precarious, as they have been regularly intimidated and subjected to death threats, arbitrary arrest and other human rights violations by State agents and armed groups. For example, after the fall of Goma in November 2012, at least 19 human rights defenders and three journalists received death threats from M23 combatants after they had denounced the human rights violations committed by the group. 32. The Joint Human Rights Office is also particularly concerned by the delays in the appeal process, which started in July 2012, before the High Military Court in Kinshasa, in the case of assassination of the human rights defender Floribert Chebeya and his driver, Fidèle Bazana. In June 2011, a military court in Kinshasa had found five senior police officers guilty of murdering Chebeya and Bazana in June 2010. The Office is following the proceedings closely to ensure that the trial complies with relevant international standards. 33. The Government’s efforts to protect victims and witnesses who testify in court remain insufficient. During the period under review, in several cases, the protection needs of victims and witnesses were neglected, and judicial authorities failed to properly protect such individuals against the threats they faced for testifying in court. As an example, the names of victims were read out loud during public hearings before the High Military Court in the case of General Kakwavu, who is accused for war crimes and crimes against humanity. 34. Despite several recommendations made by civil society and other actors, the draft law on the protection of human rights defenders has been pending before Parliament since 27 May 2011, apparently because it was not part of its priorities. Furthermore, the protection cell established by the Ministry of Justice and Human Rights for human rights defenders in 201127 lacks the powers and resources to function effectively. 3. Action taken by the Joint Human Rights Office 35. Throughout the period under review, the Joint Human Rights Office followed closely the cases of human rights violations against journalists, human rights defenders and victims and witnesses of human rights violations. It continued to provide targeted protection assistance to victims and witnesses of serious human rights violations who faced the risk of reprisals for testifying and participating in sensitive trials for serious crimes, as well as to human rights defenders at risk owing to their work. The Office also provided judicial authorities with advice on appropriate measures to protect victims during investigations and trials. It also participated in training sessions and awareness-raising 25 26 27 A/HRC/13/8, para. 96 (22)-(26). Ibid., para. 94 (102). A/HRC/19/48, para. 33. 11

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