A/HRC/42/32
58.
The Joint Office has continued to support the implementation of the action plan for
combating sexual violence adopted by the armed forces of the Democratic Republic of the
Congo, including by providing training for commanders and military officers. During the
reporting period, 39 commanders, including 4 brigadier generals, signed acts of
engagement against sexual violence. For the first time, and in collaboration with the Child
Protection Section, the Joint Office organized a training course in South Kivu for armed
non-State actors on preventing and responding to sexual violence.
D.
Efforts to combat impunity
59.
In its concluding observations on the fourth periodic report of the Democratic
Republic of the Congo, the Human Rights Committee requested the Government to take all
necessary measures to end impunity for perpetrators of human rights violations, in
particular the most serious violations, and to ensure that the families of the victims have
access to effective remedies and to full reparation (CCPR/C/COD/CO/4, para. 12).
60.
In its concluding observations on the second periodic report of the Democratic
Republic of the Congo, the Committee against Torture recommended that the Government
should commute all death sentences already handed down to prison sentences, initiate a
process to formally abolish the death penalty, and improve physical conditions in all places
of deprivation of liberty (CAT/C/COD/CO/2, paras. 21 and 37).
1.
Current situation and action taken by the Government
61.
During the reporting period, the Congolese courts sentenced at least 100 members of
the armed forces of the Democratic Republic of the Congo, 145 Congolese national police
officers and 60 members of armed groups or militias for acts constituting human rights
violations. Overall, this represents a slight increase over the previous reporting period. In
addition, the Congolese courts have tried several cases categorized as war crimes and
crimes against humanity.9
62.
On 2 February 2019, the Operational Military Court of North Kivu rendered its
judgment, which is not subject to appeal, in the trial of Lieutenant Colonel Marcel
Habarugira, prosecuted for war crimes involving rape, child conscription and sexual slavery
committed between 2011 and 2014 in Masisi territory. The accused was convicted of war
crimes involving rape and the conscription and use of children, among other offences, and
was sentenced to 15 years’ imprisonment.
63.
In addition, on 26 July 2018, in Bukavu, South Kivu, the Military High Court
rendered judgments in cases involving four senior officers of the armed forces of the
Democratic Republic of the Congo who had appealed to the Court after being convicted at
first instance by the Military Court of South Kivu. In the case involving Colonel Becker,
the Court sentenced the accused to 2 years’ imprisonment for crimes against humanity
involving looting and rape. In the case against Lieutenant Colonel Maro Ntumwa, the
accused was sentenced to 20 years’ imprisonment for crimes against humanity involving
rape, sexual slavery and looting. In the case against Colonel Bedi Mobuli, the accused was
sentenced to life imprisonment for crimes against humanity involving murder, rape, sexual
slavery, looting and cruel, inhuman and degrading treatment. In all these cases, the Court
ordered the payment of damages to the civil parties. However, in the Mutarule case, all the
defendants were acquitted on the grounds of insufficient evidence. The High Commissioner
is concerned about the outcome of this case, which leaves unpunished the massacre of at
least 30 civilians, including 11 minors, during an attack in a church in June 2014.
9
GE.19-13875
Judgments made possible since March 2017, thanks to the harmonization of legislation with the Rome
Statute of the International Criminal Court following the promulgation, on 31 December 2015, of
Acts Nos. 15/022 amending and supplementing the Decree of 30 January 1940 on the Criminal Code,
15/023 amending Act No. 024-2002 of 18 November 2002 on the Military Criminal Code, and 15/024
amending and supplementing the Decree of 6 August 1959 on the Code of Criminal Procedure, and,
on 10 March 2017, Organic Act No. 17/003 amending and supplementing Act No. 023-2002 of 18
November 2002 on the Military Judicial Code.
11
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