A/HRC/13/64 involved in serious human rights violations and to bring them to justice.14 The Special Rapporteur on extrajudicial, summary or arbitrary executions visited the Democratic Republic of the Congo in October 2009. After his visit, he made six recommendations for tackling impunity in the country, including on the reform of the penitentiary system and the removal of key members of the military who are alleged to have committed war crimes, crimes against humanity, or other serious offences. Actions taken by the Government and the current situation 44. Due to the nature of the successive political agreements, State security forces have integrated within their ranks major perpetrators of human rights violations, who in a number of cases have continued to prey on the civilian population and to commit human rights violations. In the eastern regions of the country in particular, a number of FARDC battalions — notably in the context of the Kimia II operations — have perpetrated attacks and committed human rights violations, accusing civilians of collaborating with rebel groups. 45. National authorities have taken some small steps to implement the Government’s zero tolerance policy against the FARDC elements implicated in human rights violations. Some soldiers were removed from active service and there have been convictions of rank and file soldiers for human rights related crimes, but progress has been limited. In July 2009, for example, the cour militaire opérationnelle (ad hoc military court) of North Kivu sitting in Rutshuru heard nine different cases. On 27 July 2009, the court sentenced a Colonel Kipanga in absentia to life imprisonment and a Major Lusungu to 10 years’ imprisonment, on account of crimes against humanity. Colonel Kipanga escaped from detention and later rejoined the FARDC despite the conviction against him. The Court also ordered the two officers to pay, jointly with the Government, damages to the victims of rape. On 11 September 2009, the tribunal militaire de garnison of Bunia, Oriental Province, sentenced an FARDC soldier of the 132nd battalion to life imprisonment for rape and murder. He was also expelled from the FARDC. 46. Despite repeated requests by the Security Council, no tangible steps have been taken by the Government to start a vetting process which could examine current and future security forces on their respect for international humanitarian and human rights law and remove them from active service if appropriate. On the contrary, known perpetrators of human rights violations, including some who have been named in several United Nations public reports have been integrated into the FARDC, the police or intelligence services. Actions taken by the United Nations Joint Human Rights Office 47. During the reporting period, UNJHRO provided information to Congolese military justice officials, the Defence Ministry, and the hierarchy of the PNC and FARDC on the human rights violations perpetrated by members of the PNC and FARDC throughout the country. UNJHRO also provided logistical and substantive support for joint investigation missions to Congolese civilian and military justice officials throughout the country. To increase the number of prosecutions, MONUC decided to support joint investigation teams through quick impact projects (QUIPS). UNJHRO also plays an important role in the rapid response early warning cell within MONUC aimed at identifying and holding accountable commanders of military units who have consistently violated human rights since the commencement of the Kimia II operation in the eastern part of the country. Furthermore, several training seminars and workshops on human rights for the FARDC and members of other security forces were organized. 14 16 See footnote 1. GE.10-10563

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