A/HRC/45/50
43.
In January 2020, when the team of international experts met with the Minister of
Justice of Kasai Central Province, the Minister presented all the challenges facing the
justice system in general, and the military and civilian justice systems in particular.
Specifically cited were the challenges they faced owing to the poor functioning of the
courts in the territories of the province other than Kananga, where the Minister claimed that
the courts were operational. The Minister also referred to obstacles related to the lack of
judges and the high cost of travel to process certain cases in the territories, as well as the
problems of prison overcrowding, the lack of prison facilities and the dilapidated state of
existing prisons, which led to numerous escapes.
44.
Lastly, the team of international experts notes that the performance of military
justice activities in the Kasai region is heavily dependent on international organizations, in
particular MONUSCO, for logistical and financial support.
45.
In the area of capacity-building and support, the team of international experts
welcomes the deployment by the Office of the United Nations High Commissioner for
Human Rights of a technical assistance team which is providing valuable support to the
Congolese military justice system in the investigation of cases of international crimes
committed during the Kasai crisis.
46.
The team of international experts also notes with satisfaction the contribution of the
National Human Rights Commission and international NGOs in the training of judicial
personnel and court officials in the area of international crimes.
47.
In October 2019, the National Human Rights Commission, in partnership with
TRIAL International and with the financial support of the United Nations Development
Programme, organized training on the documentation of international crimes and basic
human rights concepts for human rights NGOs in Kananga and in the territories of
Kazumba, Dibaya and Luiza.
48.
In February 2020, TRIAL International conducted a training workshop in Kananga
on the investigation and prosecution of serious crimes for civilian and military judges,
lawyers, the national police and health-care staff of Kananga Provincial Hospital, and also
for NGOs working to combat violence against women.
49.
TRIAL International also provided financial support for mobile court hearings to be
held from 10 to 17 July 2020 in Tshikapa by the military court of the former Kasai
Occidental, specifically ensuring that women victims of sexual violence and their lawyers
would be heard.
3.
Support for victims and witnesses
50.
The team of international experts notes that: (a) the victims – particularly those in
the communes of Nganza, Mulombodi, Tshilumba, Katoka, Tubuluku and Meteo (in
Kananga) and in the territories of Tshimbulu and Tshisuku – have established a hub of
associations; (b) some of these victims were able to obtain death certificates from the
Kananga city hall; and (c) other victims, on the other hand, have not able to do so, owing to
the suspension of the issuance of such certificates. The team of international experts
therefore urges the administrative and judicial authorities to facilitate the issuance of death
certificates to make it possible for such persons to take legal action. In addition, the team
takes note of the complaint lodged on 3 August 2020 by a group of victims from the
commune of Nganza with the senior military prosecutor’s office of the military court of the
former Kasai Occidental against members of the Armed Forces of the Democratic Republic
of the Congo involved in handling the Kamuina Nsapu militia crisis and against the
Minister of the Interior who was in office at the time of the events.
51.
The team of international experts welcomes the Government’s idea of establishing a
national fund for victims of serious human rights violations. Such a fund will no doubt
initially relieve the suffering of victims while they await compensation resulting from court
decisions. The team of international experts would therefore like to see prompt
implementation of this project.
8
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