A/HRC/45/50
A.
1.
(a)
Monitoring of accountability for the events in the Kasai region
Efforts to combat impunity
Context and analysis
26.
Following the recommendation in the previous report of the team of international
experts to adopt an investigation and prosecution strategy that encompasses all categories
of perpetrators of serious crimes in Kasai (A/HRC/41/31, para. 80 (b)), 16 cases had been
identified as priorities by the senior military prosecutor’s office at the military court of the
former Kasai Occidental Province. These cases concern the following localities: Tshisuku,
Nganza, Katoka, Diboko, Malenga, Tshikapa, Mutshima, Maswika, Nkoto, Tshinyembe,
Tshimbulu, Kabeya-Madi, Luebo and Kamonia.
27.
The team of international experts notes that, despite the priority given to these 16
cases, which requires that they be dealt with expeditiously, none has had its investigation
completed and been referred to a trial court.
28.
During each of its visits to the Democratic Republic of the Congo, the team of
international experts held working meetings with both the Chief Military Prosecutor at the
Military High Court and the senior military prosecutor at the military court of the former
Kasai Occidental Province. The team noted a number of circumstances slowing the judicial
investigation of the cases, including: (a) difficulties in obtaining the lifting of the
parliamentary immunity of a member of parliament suspected of serious human rights
violations; (b) a delay in the execution of warrants; and (c) procedural difficulties related to
personal jurisdiction which have arisen in investigations of cases involving military officers
with the rank of general.
29.
The team of international experts notes, however, that with the support of
MONUSCO and the United Nations Joint Human Rights Office, some progress has been
made in prosecutions, with the help of the technical assistance team.
(b)
Prosecution and investigation of court cases
30.
The team of international experts welcomes the arrest on 29 May 2020 by the
garrison military prosecutor’s office in Kananga, in Kasai Central Province, of Trésor
Mputu Kankonde, one of the leaders of the Kamuina Nsapu militia wanted by the military
justice system for several cases of human rights violations in the territory of Dibaya. This
militia leader is also suspected of having participated in the murder of Zaida Catalán and
Michael Sharp, members of the Group of Experts on the Democratic Republic of the Congo
established pursuant to United Nations Security Council resolution 1533 (2004), who were
killed on 12 March 2017.
31.
The team of international experts notes with satisfaction that in February 2020, a
team of military judges and judicial police officers interviewed nearly 803 victims and
witnesses in the commune of Nganza, in Kananga. After this mission, information on the
situation of the persons in question both prior to and after their death was compiled. It was
thus possible to identify 620 victims of summary and extrajudicial executions committed
between 28 and 30 March 2017 and implicating the defence and security forces. Additional
information on these victims was also collected to facilitate their identification by their
families after exhumation.
32.
The team of international experts notes, however, that despite the recommendations
made in its previous reports, the women abducted by the Bana Mura militia have still not
been freed, and they remain in captivity.
33.
In November 2019, a group of these women was able to escape. According to their
accounts, many others are still being held as sex slaves. The team of international experts
regrets that the judicial authorities and security forces did not take this opportunity to find
the hostage-takers and free the women still held in captivity.
34.
The team of international experts notes that, despite previous recommendations, the
recruitment of women into the military justice system, including their deployment to the
Kasai region, has not yet taken place. Their presence would clearly be advantageous,
6
GE.20-11095
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