A/HRC/4/7
page 12
62.
Should it prove impossible to create an international tribunal, bearing in mind that it is
essential to combat impunity and extremely serious crimes, consideration could be given to
establishing joint criminal chambers attached to the appeal courts, with the right of appeal
(preliminary and final appeal) to a chamber that is competent to hear it but which would come
under the Supreme Court:
(a)
Chambers of first instance could be attached to five appeal courts, one in
Kinshasa and the other four strategically located throughout the country, taking into account the
size of the country and distances;
(b)
Chambers of first instance could be composed of three judges (two national and
one non-national, or vice versa);
(c)
The preliminary or final appeal court could be composed of three judges
(two non-national and one national, or vice versa);
(d)
The Public Prosecutor’s Office would be organized and would function according
to the same criteria.
63.
The name of the institution could be the “Joint Criminal Chamber” and it would be
responsible for trying persons accused of acts of genocide or other serious violations of human
rights and international humanitarian law committed on the territory of the Democratic Republic
of the Congo, as well as citizens of the Democratic Republic of the Congo accused of
committing such acts or violations on the territory of neighbouring States.
64.
Such an institution would be more flexible and less costly should the creation of a special
international criminal tribunal prove unfeasible. It should nevertheless receive full support from
the international community, given the country’s current destitution.
65.
The new joint criminal chambers could also contribute to restoring the country’s judicial
system in terms of staff, training, equipment and living and working conditions.
V. RECOMMENDATIONS
66.
The independent expert recommends to all the Congolese parties, whether or not
signatories to the Global and All-Inclusive Agreement, that they should:
•
Promote among the population a culture of peace, tolerance, reconciliation,
pardon, fraternity, peaceful coexistence, integration, national unity and
patriotism;
•
Recognize the need for all political actors and the media to foster the culture of
dialogue and rejection of violence and ethnic hatred; accept the democratic
process, the verdict of the ballot box and recourse where necessary to legal
remedies.
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