A/HRC/13/64 I. Main human rights developments 1. During the reporting period, the Congolese people have suffered from widespread human rights violations linked to armed conflicts, mainly in the eastern provinces, in addition to structural and politically motivated human rights violations committed throughout the country. Human rights activists and journalists continue to be the target of intimidation and threats throughout the country. Rape and sexual violence also remain a matter of serious concern. 2. In recent months, numerous human rights violations, including arbitrary executions; rapes; arbitrary arrests and detentions; torture; cruel, inhuman or degrading treatment of civilians; forced labour; pillaging and illegal exploitation of natural resources, were committed by the Congolese National Armed Forces (FARDC) and the Congolese National Police (PNC). Of particular concern are the violations perpetrated by the FARDC within the scope of the Kimia II operation. For example, during an investigation mission in Nyabiondo, Masisi territory, in North Kivu Province, the United Nations Joint Human Rights Office (UNJHRO) was able to confirm that, between May and September 2009, the FARDC participating in the Kimia II operation killed at least 62 people, and that 8 others disappeared from several villages around Nyabiondo. Credible witness testimony indicates that the death toll could be much higher. Aside from these killings, cases of rape, widespread forced labour, extortion and arbitrary arrests by the FARDC were documented. Following the preliminary findings of this investigation, on 1 November 2009 the United Nations suspended its logistical and operational support to the Congolese army unit allegedly implicated in the killings. 3. Armed groups, such as the Democratic Liberation Forces of Rwanda (FDLR) and the Lord’s Resistance Army (LRA), operating in the eastern regions of the country, have perpetrated serious human rights violations against the local population during recent months, including mass killings, widespread rape, forced recruitment into armed groups, and looting. Ongoing violations, including executions of civilians,3 abductions of villagers and sexual violence, continue to be perpetrated by the LRA against the civilian population in the districts of Haut Uele and Bas Uele, Orientale Province. II. Measures and response to recommendations A. Arbitrary and/or illegal arrests and detentions Existing recommendations 4. The Government should strictly limit the number of security forces and services with powers of arrest, detention and investigation, and ensure that the police force is the primary law enforcement agency. Furthermore, all arrested persons should be formally registered and brought before a judge; they should also be able to exercise their right to have the assistance of a lawyer of their choosing, to be examined by a doctor, and to contact their families or other persons of their choosing. In addition, UNJHRO should have unfettered access to all prisons and detention centres in accordance with the mandate of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) and with the presidential directive dated 5 July 2005. Finally, the State should thoroughly 3 4 At least 1,250 victims were reportedly killed by the Lord’s Resistance Army from September 2008 to September 2009. GE.10-10563