A/HRC/13/64 implementation of the Convention against Torture, the adoption of the necessary legislation has experienced delays, due mostly to the current legislative backlog. The lack of prosecutions by the authorities against perpetrators of torture is more evidence of the chronic impunity that still persists in the country. Years of governance that has been at best unresponsive and at worst threatening have created a cultural belief among Congolese victims of human rights violations by State officials that complaining is useless because it will be met with either inaction or retaliation. C. Sexual violence and impunity Existing recommendations 16. All provisions of Congolese law that discriminate against women should be abolished. Two important legislative steps should be a comprehensive reform of the Family Code and the adoption of a gender equality law implementing article 14 of the Constitution. With regard to sexual violence, State institutions should issue public and unequivocal denunciations of all forms of violence against women, including spousal abuse, marital rape and sexual harassment. These denunciations should not be tempered by invoking any custom, tradition or religious consideration to justify or excuse such violence. The Government should ensure that members of the State security forces know and comply with the law on sexual violence, and that the legal system brings the perpetrators to justice without delay or partiality. Furthermore, the Government should establish and promote an effective mechanism to receive complaints of sexual violence, including at custodial facilities, should investigate every complaint and provide victims with psychological and medical care. Finally, the State should pay damages to all victims of sexual violence committed by State agents and create a fund for this purpose in the national budget.9 Actions taken by the Government and the current situation 17. The number of cases of sexual violence recorded by UNJHRO throughout the country remained alarmingly high during the period under review. These cases are not limited to areas of armed conflict but are happening throughout the country. Due to lack of security and lack of separation between inmates, female detainees are at particular risk of sexual violence. As an example, on the night of 20 to 21 June 2009, during an escape attempt at the Goma prison, 23 female inmates were raped by co-detainees. While most rapes are committed by members of armed groups and by the FARDC and the PNC, UNJHRO has documented a significant and growing number of civilian perpetrators. 18. Promising initiatives taken by the Government against sexual violence, such as the Laws on Sexual Violence which were adopted on 20 July 2006 and which introduced major improvements to the Congolese Criminal Code and the Code of Criminal Procedure, have not produced the changes expected. If perpetrators of rape are tried and convicted, they rarely receive prison sentences as long as five years and the State has rarely paid damages, even though it has been regularly ordered to pay them. In June 2009, the tribunal de grande instance de Mbuji Mayi rendered decisions in 11 cases of rape, but only 1 prison sentence exceeded 5 years. The other sentences ranged from 3 to 24 months. Even when victims are awarded damages for abuses committed by State officials, the Government fails to pay the damages. 19. On 25 November 2009, the Government took a step forward by launching its National Strategy to Combat Gender-Based Violence, which will be implemented with the 9 8 See footnote 1. GE.10-10563

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