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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