A/HRC/13/64
investigate all alleged cases of arbitrary detention, prosecute the perpetrators and award full
compensation to the victims.4
Actions taken by the Government and the current situation
5.
According to information received, the Government has not taken significant action
to implement the above recommendations. At the time of writing, several branches of the
executive power, security forces and judicial authorities persist in the arbitrary and illegal
arrest and detention of individuals throughout the country. Individuals are also arrested for
reasons that reach beyond criminal law. Human rights officers routinely find people
detained for civil matters such as non-payment of debts and property disputes. UNJHRO
has also observed a trend of PNC arrests of family members or close associates of alleged
criminals when the perpetrator cannot be located, without any charges or evidence that the
arrestee was involved. Agents of the State intelligence service (Agence nationale de
renseignement – ANR), also frequently arrest people accused of common law offences that
are in no way linked to State security matters. Lastly, members of security forces, including
the ANR, have also been implicated in politically motivated human rights violations
directed at political opponents, journalists and human rights defenders.5
6.
After arrest, detainees are commonly denied the guarantees they are entitled to under
Congolese law. In particular, detainees are generally not properly registered, and
consequently record keeping is often incomplete or out of date. Detainees are commonly
denied the right to appear before a judge within the 48-hour period required by the
Constitution and this practice has led to the proliferation of hébergés, that is inmates who
are detained without officially being charged. Additionally, very few cases are transferred
to the offices of the Public or Military Prosecutor, and many detainees are released after
paying fines that are not officially recorded.
Actions taken by the United Nations Joint Human Rights Office
7.
UNJHRO has taken tentative steps against arbitrary and/or illegal arrests and
detentions to prompt the Government to provide the protection that detainees are entitled to
under Congolese law and international human rights law. During the period under review, it
visited numerous holding cells and prisons throughout the country, in several cases with
national prosecutors, in order to verify the legality of detentions, and obtained the release of
scores of people who had been illegally detained. After requests made by UNJHRO to
judicial and police authorities that all detainees be notified of their rights and the charges
pending against them, the Prosecutor General required all detaining officials to inform
detainees of the charges against them. In practice, however, this requirement is seldom
followed. Also, during the reporting period, UNJHRO organized several workshops and
sensitization activities for the Congolese security forces to increase their respect for human
rights. It should be recalled that UNJHRO and other human rights actors still do not have
access to a number of detention facilities, such as the Tshatshi military camp, the
headquarters of the military intelligence in Kinshasa and most ANR detention facilities
throughout the country, despite instructions given to the relevant authorities by the
President in July 2005.
Obstacles to the implementation of existing recommendations
8.
Arbitrary and illegal arrests and detentions are often part of a money-making
scheme. These cases frequently do not reach the judiciary, but regularly lead to a bartered,
4
5
GE.10-10563
See footnote 1.
See below part E.
5
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