A/HRC/24/33
B.
Torture and other cruel, inhumane and degrading treatment
1.
Recommendations
14.
Recommendations previously made included that the Government should eliminate
impunity for alleged acts of torture and other cruel, inhuman and degrading treatment (illtreatment) by carrying out prompt, impartial and exhaustive investigations into all reported
cases of torture and ill-treatment.10 Those convicted of such acts should receive sentences in
accordance with the provisions of the law, and effective reparations should also be granted
to victims, including adequate compensation. 11 It was also recommended that the
Government should also ensure that all persons reporting cases of torture and ill-treatment
are protected from intimidation or reprisals for reporting such cases. 12
2.
Action taken by the Government and current situation
15.
The widespread use of torture and ill-treatment by defence and security forces in the
country remains a major human rights concern. Most cases of torture and ill-treatment
registered by the Joint Human Rights Office are perpetrated by members of the PNC, the
National Intelligence Agency and FARDC. Certain FARDC members torture civilians
considered to be deserters of the army or perceived to be cooperating with armed groups. In
such cases, torture is often used to obtain confessions from suspects. Some victims reported
having had their hands and feet tied while being beaten with different objects. In one
emblematic case, in July 2012, five Rwandan nationals, including three minors, arbitrarily
arrested and detained by FARDC soldiers in Goma for their alleged affiliation with M23
were subjected to torture. One boy was beaten so severely that he had to be transported to
the military hospital by the soldiers, where he was reported dead on arrival.
16.
In a positive development witnessed during the period under review, the
Government made progress in the application of the law criminalizing torture. Since the
promulgation of the law on 9 July 2011, at least six FARDC soldiers, five PNC agents and
one intelligence officer have been convicted for acts of torture to sentences ranging from
six months to life imprisonment. In addition, the Ministry of Justice and Human Rights
conducted workshops and training sessions in different provinces to sensitize various
actors, including defence and security forces, judicial authorities and civil society
representatives, on the content and application of the anti-torture law.
3.
Action taken by the Joint Human Rights Office
17.
The Joint Human Rights Office continued to monitor and report on incidents of
torture and ill-treatment throughout the country. It also continued to provide support to
judicial authorities in the investigation and prosecution of alleged perpetrators of torture,
and conducted high-level advocacy with Congolese authorities to encourage them to hold
elements of the security forces accountable for acts of torture. In collaboration with the
Ministry of Justice and Human Rights and civil society partners, the Office also organized
awareness-raising activities for various groups on the anti-torture law. In addition, as part of
the International Day in Support of Victims of Torture, on 26 June 2012, the Office
organized several outreach activities in collaboration with the Ministry of Justice and
Human Rights in Kinshasa and in various provinces.
10
11
12
CAT/C/DRC/CO/1, para. 6 (b).
CCPR/C/COD/CO/3, para. 16.
CAT/C/DRC/CO/1, para. 13.
7
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