A/HRC/45/49
abolish the death penalty, and improve physical conditions in all places of deprivation of
liberty (CAT/C/COD/CO/2, paras. 21 and 37).
47.
During the universal periodic review of the Democratic Republic of the Congo, on 5
July 2019, it was recommended that the Government ensure that human rights violations,
including those committed by the security forces, are investigated and punished, and initiate
an inclusive process of transitional justice to establish the truth, provide reparation to victims
and promote reconciliation (A/HRC/42/5, paras. 119.141, 119.142 and 119.144).
1.
Current situation and action taken by the Government
48.
During the reporting period, the Congolese courts sentenced at least 148 members of
the armed forces of the Democratic Republic of the Congo, 37 Congolese national police
officers and 48 members of armed groups for acts constituting human rights violations,
including acts categorized as crimes against humanity and war crimes.
49.
In Ituri Province, the Judicial Commission of Inquiry established by the provincial
authorities in July 2019 is continuing its investigations into the violence committed since
June 2019 in Djugu and Mahagi territories. More than 1,500 victims and witnesses were
heard, 187 suspects detained and 128 defendants referred to the military tribunal of the
garrison of Ituri, including 3 soldiers, 2 police officers and 123 combatants prosecuted for
crimes against humanity involving murder, looting and deportation, war crimes involving
murder and looting, and participation in a rebel movement. In addition, on 14 February 2020,
in Bunia, the garrison military tribunal sentenced three combatants of the Force de résistance
patriotique de l’Ituri to 20 years’ imprisonment for war crimes involving rape and looting
and for participating in a rebel movement in Irumu territory in 2017.
50.
In the Kasai region, there has been no significant progress in the investigation of cases
relating to human rights violations and abuses committed since 2016. Since the launch of the
joint investigation missions by the Joint Office and the judicial authorities in May 2018, none
of the investigations have resulted in bringing the cases before a competent court. This is also
the case for investigations into serious violations and abuses of human rights and
international humanitarian law committed in Yumbi territory, Mai-Ndombe Province, in
December 2018. The persons arrested in the course of these investigations are still being held
without trial even though the investigations have not progressed. Of the 75 persons detained
at the military prison in Kinshasa, 5 have been released on parole and 4 have died.
51.
In addition, the functioning of civilian and military courts continues to be hampered
by the lack of human and financial resources, the weak presence of courts and tribunals
throughout the country and the interference of certain authorities in judicial processes. As a
result, some serious criminal cases continue to go unpunished. However, some encouraging
developments were noted in the fight against misappropriation of public funds, including the
opening of legal proceedings concerning the implementation of the President’s emergency
projects.
52.
There was little progress on legislation, particularly on implementing the reforms
called for during the national consultations on justice concerning the abolition of the death
penalty or on bringing procedures before the Operational Military Court into line with the
Constitution. Kasai Central Province has launched provincial consultations, and an edict on
a provincial truth and reconciliation commission is under consideration by the Provincial
Assembly.
53.
Prison conditions have not improved. As of 27 March 2020, Makala prison in
Kinshasa had an overcrowding rate of 461 per cent and Goma prison 653 per cent. This
situation increases the many difficulties associated with the care of prisoners, including the
lack of medical care and adequate nutrition, which caused at least 138 deaths during the
period under review. The tenuous security situation in the majority of places of detention has
allowed at least 322 prisoners to escape during this period. The establishment by the
Government in January 2020 of a committee to monitor the situation in prisons is a first step
towards resolving the difficulties encountered by the prison system. The establishment in
April 2020, by the Minister of Justice, of a monitoring committee for the prevention of
COVID-19 in prisons is also a positive development.
GE.20-11014
9
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