A/HRC/24/33 C. Arbitrary and illegal arrests and detention 1. Recommendations 18. It was recommended that the Government should restrict the number of security forces with the power of arrest and ensure that the police force remains the primary law enforcement agency.13 The Government should also ensure that procedures followed in the arrest and detention of persons comply with all provisions of article 9 of the International Covenant on Civil and Political Rights. 14 It was also recommended that the Government set up a task force within the Ministry of Justice to combat arbitrary detentions and seek urgent ways of improving the situation of persons in detention. 15 It was further recommended that the Government grant the Joint Human Rights Office and other independent mechanisms free access to all places of detention.16 2. Action taken by the Government and current situation 19. Arbitrary and/or illegal arrests and detention remain a common practice throughout the country. PNC agents and FARDC members frequently arrest civilians without a warrant, and detain them without ever charging them or referring them to the competent judicial authorities. Civilians are often detained for political reasons, their ethnicity or their perceived collaboration with armed groups, or simply to extort money from them. In order to secure their release, civilians are regularly forced to pay bribes to police agents or other officials. The systematic use of violence during arrests by State agents across the country is also of particular concern. Moreover, the frequent absence of judicial review of such arrests and detentions further exacerbates a pattern of corruption within the security forces, who often believe their power can go unchecked. Victims of illegal arrests and detention rarely file complaints. 20. Despite provisions included in Security Council resolution 1756 (2007) and in subsequent relevant resolutions, and in recommendations made by human rights mechanisms to grant the United Nations access to all detention centres in the country, the Joint Human Rights Office still does not have full access to all detention facilities, particularly those run by the National Intelligence Agency and the Republican Guard. During the period under review, the Office was particularly concerned about the existence of two secret detention facilities allegedly set up by Colonel Jean-Marie Izumbu Lugeni (alias Igwe) of the 61st FARDC Infantry Brigade based in Kalemie, Tanganyika district, in Katanga province. The detention facilities were reportedly closed following the Colonel’s arrest on 26 November 2012. He was subsequently released on 17 December 2012, and his trial began before the Military Court of Lubumbashi on 19 February 2013, for various charges, including torture and arbitrary arrests. The accused is, however, currently at large. 3. Action taken by the Joint Human Rights Office 21. The Joint Human Rights Office continued to monitor and report on cases of arbitrary and/or illegal arrests and detentions. Daily human rights monitoring revealed that these are among the most common violations committed by the defence and security forces. Moreover, during the period under review, the Office documented an upsurge in arbitrary arrests and cases of torture and ill-treatment in detention by FARDC soldiers trying to 13 14 15 16 8 CAT/C/DRC/CO/1, para. 10. CCPR/C/COD/CO/3, para. 19. A/HRC/13/8, para. 96 (6). Ibid., paras. 97 (1) and (3).