A/HRC/10/58 page 7 16. The UNJHRO has also received information indicating that a series of LRA attacks on civilians in the Bas-Uele and Ituri districts on 14-15 February resulted in the killing of at least six persons and the abduction of more than 20. II. OVERALL HUMAN RIGHTS SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO A. Generalized impunity - a main contributing factor to violations 17. During the reporting period, efforts to combat impunity in the Democratic Republic of the Congo suffered serious setbacks. Examples illustrating this situation include the lack of a judicial investigation into the violent quelling by the PNC in early 2007 and 2008 of a series of demonstrations by members of the BDK politico-religious movement, which led to more than 200 deaths, as documented by the UNJHRO, and the failure of the authorities to investigate the Kinshasa events of 22-25 March 2007, during which at least 300 persons were killed, including by arbitrary executions and disproportionate use of force.1 18. Cases where the UNJHRO has participated in joint investigation missions with Congolese prosecutorial authorities have often been left incomplete. In those cases where the authorities did proceed to arrest persons suspected of having committed human rights abuses, the latter’s trials often did not register any progress over the reporting period. Several Ituri warlords arrested in March 2005, for instance, remain in prolonged detention in Kinshasa with no indication of an upcoming trial. 19. The passivity of the judiciary can often be ascribed to a combination of lack of political will, capacity and interference from the authorities. An example of the latter is the FARDC’s occasional practice of promoting perpetrators of human rights abuses rather than sanctioning them or preventing escapes in those cases where they have been sentenced. An illustrative case is that of Justin Matata Wanaloki, known as Cobra Matata. Investigations conducted by several entities and organizations, including the UNJHRO, confirmed that Cobra Matata was one of the key rebel commanders involved in the Nyakunde massacre of September 5, 2002, during which at least 1,200 civilians were killed. Matata was later promoted to the rank of Colonel in the FARDC. 20. Security Council resolution 1856 of 22 December 2008 reiterated the Security Council’s past requests to the Congolese authorities to “establish a vetting mechanism to take into account when they select candidates for official positions, including key posts in the armed forces, national police and other security services, the candidates’ past actions in terms of respect for international humanitarian law and human rights”. No such process has been formally initiated. 1 MONUC Human Rights Division and OHCHR, Special Investigation into the Kinshasa Events of March 2007 and their Aftermath: Preliminary Findings, June 2007, published by OHCHR in January 2008.

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