A/HRC/16/27
III. Measures and response to recommendations
A.
Arbitrary and illegal arrests and detentions
8.
Several recommendations have been put forward to the Government in the past,
including on restricting the security services’ powers, giving the police sole responsibility
for maintaining order, protecting the rights of persons who have been arrested, ensuring that
the Joint Human Rights Office has free access to places of detention, prosecuting the
perpetrators of arbitrary detention and providing full compensation to persons detained
arbitrarily.3
Actions taken by the Government and the current situation
9.
Arbitrary and illegal arrests and detentions are still a common practice in the
Democratic Republic of the Congo, and the steps needed to put an end to them are not
being taken. Arbitrary and illegal arrests and detentions occur so frequently throughout the
country that many victims consider them to be normal. They are all too often used by police
officers to extort money from civilians. Members of the national police, FARDC and other
security forces frequently arrest and detain civilians in an arbitrary and/or illegal manner
with complete impunity and release them only after they pay a ransom. Victims rarely file a
complaint with either the perpetrators’ superiors or with the courts.
10.
The National Intelligence Agency (ANR) continues to detain persons for offences
under ordinary law that have no connection with the offences under its jurisdiction. During
the reporting period, persons were detained by the agency in “security-related cases”
without being charged. Public officials continue to deny the Joint Human Rights Office any
access to detention centres, mainly ANR detention centres and some military camps.
Unfortunately, despite Security Council resolutions4 and a presidential directive in 2005,
the Government has not responded positively to the recommendation5 made during the
universal periodic review aimed at ensuring that the Joint Human Rights Office enjoyed
free access to detention centres run by ANR or the Republican Guard.
Actions taken by the United Nations Joint Human Rights Office
11.
The Joint Human Rights Office increased the number of visits to detention centres
throughout the country in the reporting period, often in the presence of judicial officials,
with a view to strengthening observance of international and national standards. Cases of
illegal and arbitrary detention observed during these visits were referred to the authorities,
leading to the release of a large number of victims. Further efforts are needed to reduce the
number of such detentions.
12.
The Office took a number of steps to raise awareness among the police and other
authorities about the rules on arrest and detention. For example, between September 2009
and September 2010, at least 120 human rights training and awareness-raising sessions,
relating in particular to the rules on arrest and detention, were organized throughout the
country for members of the security and defence forces. The Office also supported victims
who wished to file a complaint with the competent authorities, in collaboration with local
NGOs.
3
4
5
6
See footnote 1.
See Security Council resolutions 1925 (2010) and 1906 (2009).
A/HRC/13/8, para. 97, recommendation 1.
GE.11-10197
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