A/HRC/45/50
particularly in building the confidence of women and girl victims in the context of current
investigations and inquiries into cases, especially those involving rape and sexual violence.
35.
The team of international experts is also concerned about the obstruction of the
lifting of the parliamentary immunity of a legislator from the province of Kasai who is
suspected of serious human rights violations. It notes that despite the fact that the senior
military prosecutor at the military court of the former Kasai Occidental has claimed that
efforts have been made to charge the suspect, to date, no judicial action has been taken
against him. The team of international experts therefore urges the Kasai Provincial
Assembly to cooperate fully with the military justice system so as to enable it to carry out
its tasks of investigating and prosecuting allegations of serious crimes against one of the
Assembly’s members.
36.
The team of international experts commends the efforts undertaken by the senior
military prosecutor’s office at the military court of the former Kasai Occidental, with the
support of the Chief Military Prosecutor, in the execution of warrants. It takes note of the
arrest in July 2020 of certain officers and non-commissioned officers of the Armed Forces
of the Democratic Republic of the Congo suspected in particular in connection with the
killings in Nganza and Tshimbulu.
37.
The team notes, however, that most of the cases for which these investigations have
been carried out have been referred to the Chief Military Prosecutor’s office, owing to the
ranks of the officers involved in these cases. The team hopes that the Chief Military
Prosecutor’s office will speed up the processing of these cases, which have been stalled for
several years.
38.
With regard to the trial of the alleged killers of Zaida Catalán and Michael Sharp,
the team notes that the trial is continuing, although it is apparently far from over. The trial
initially held at the Kananga garrison military court has been transferred to the military
court of the former Kasai Occidental after charges were filed against a colonel of the
Armed Forces of the Democratic Republic of the Congo. The case involving the
disappearance, in the same event, of the victims’ four Congolese colleagues is still at the
preliminary investigation stage. In January 2020 the Chief Military Prosecutor at the
Military High Court said that it had not yet been formally established that the colleagues
had died.
39.
The team of international experts is concerned about these proceedings, which are
moving along at two different speeds. When the two judicial procedures eventually come
together, which is virtually inevitable to ensure the proper administration of justice, the trial
already under way for the murder of the two Security Council experts is very likely to be
prolonged indefinitely.
40.
The team of international experts emphasizes that the fight against impunity in the
Kasai region must go beyond the prosecution of those responsible for the murder of Zaida
Catalán, Michael Sharp and those who accompanied them.
41.
In view of the slow pace in the processing of cases related to the crisis involving the
Kamuina Nsapu militia, the team of international experts doubts that, with its current
resources, the Congolese justice system is able to work effectively and that the proceedings
it has initiated can meet the need for justice arising from this crisis, even in cases chosen for
their symbolic significance. This concern is shared by civil society in Kasai, in particular
the Société congolaise pour l’État de droit, an NGO represented by the president of the Bar
Association of Kasai Central, who in a statement dated 16 July 2020 deplored the
judiciary’s lack of will to support the rule of law in the Kasai crisis. He also recommended
that the President of the Republic should refer the situation in Kasai to the International
Criminal Court or, failing that, should establish a special criminal court for Kasai.
2.
Problem of the resources required to facilitate the administration of justice in the
Kasai region
42.
In its previous report, the team of international experts had noted the link between
the fight against impunity and the deployment of resources, indicating that a genuine fight
against impunity in the Kasai region required significant human, financial and logistical
resources for the military justice system (A/HRC/41/31, para. 75).
GE.20-11095
7
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