A/HRC/16/27
Actions taken by the Joint Human Rights Office
18.
The strategy adopted by the Joint Human Rights Office to prevent torture and death
in detention involves monitoring and following up on detention conditions, collecting data
on human rights violations during detention and defending the rights of persons detained by
the authorities. Pending the adoption of a law that punishes torture, the Office has entered
into consultations with judicial officials to develop a legal framework to combat torture.
19.
The Office has also conducted sessions to train and raise awareness among police
officers about the issue of torture and the rights of detainees. The United Nations
International Day in Support of Victims of Torture, on 26 June, was an opportunity to
launch a media campaign on this topic and organize conferences attended by specialists and
civil society organizations.
Obstacles to the implementation of existing recommendations
20.
The difficulties highlighted in my previous report (A/HRC/13/64, para. 15) remain
topical in that no significant measure has been taken to bring conditions in places of
detention into line with international standards. The Government should, inter alia, allocate
a specific budget for prisons and detention centres. Although efforts have been made to
protect individuals against acts of torture and ill-treatment, they are still not sufficient.
C.
Sexual violence and impunity
21.
Several recommendations were made to the Government in the past, particularly to
abolish all provisions of Congolese law that discriminated against women, to denounce
publicly and unequivocally all forms of violence against women, including domestic
violence, and to ensure that the judicial system brings the perpetrators of such violations to
justice promptly and impartially. Furthermore, the Government should establish and
promote an effective mechanism to receive complaints of sexual violence, including in
custodial facilities, to investigate every complaint and to provide victims with
psychological and medical care. Finally, the State should pay damages to all victims of
sexual violence committed by State agents and create a fund for this purpose in the national
budget.11
Actions taken by the Government and the current situation
22.
Sexual violence remains widespread despite the authorities’ efforts to stop it. The
phenomenon is rampant throughout the country and affects thousands of women and
children in particular. The recent mass rapes committed in Walikale territory exemplify this
scourge and are proof that rape continues to be used as a weapon of war in the Democratic
Republic of the Congo.12
23.
There is no question that the State has become aware that sexual violence poses a
problem. However, the measures announced, such as tightening the requirements for
granting bail to persons convicted of sexual violence, have not been adopted formally. To
the judicial system’s credit, increasingly severe sentences have been handed down,
including against members of security forces implicated in cases of sexual violence.13 For
example, on 30 October, the Uvira military court sentenced five FARDC soldiers accused
11
12
13
8
See footnote 1.
Report of the United Nations Joint Human Rights Office in the Democratic Republic of the Congo,
published on 24 September 2010.
See section G of this report, on the fight against impunity for the Congolese security forces.
GE.11-10197
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents