A/HRC/7/25
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two military suspects, who were acquitted. MONUC and several local and international human
rights organizations denounced the serious irregularities in the proceedings and the court’s
refusal to investigate the events properly, as illustrated in particular by its refusal to order an
autopsy on the victim and a ballistic analysis of the murder weapon. After they had been
convicted, the two civilians who had made the confessions retracted their statements implicating
the two eyewitnesses to the murder.
22. In a letter dated 8 September addressed to MONUC, they accused two members of the
Bukavu military prosecutor’s office of having forced them to make false statements. Although
MONUC reacted by urging the highest military justice authorities to investigate the allegations
thoroughly and fully and to expedite the appeals process, no measures were taken and the four
convicted civilians remain in detention in Bukavu prison.
E. Frequent obstructions of justice linked to interference
by the political and military hierarchy
23. The Congolese judiciary is still subject to corruption and frequent obstructions of justice
which are linked to political and military interference. Its independence, and its capacity, are
seriously undermined by the failure of the Congolese State to provide it with sufficient financial
resources to allow it to function and by a worrying use of the Constitution to reassert the
executive’s control over the judiciary.
24. Interference by the political and military authorities with the administration of justice was
frequently denounced in most of the above-mentioned trials for serious human rights violations,
as well as in other cases, as illustrated in the two examples below.
25. On 28 July 2007, the Kisangani Military Court acquitted the Ituri militia chief,
Chief Kahwa, after quashing the verdict handed down by the Bunia garrison military court
on 21 August 2006 sentencing him to 20 years’ imprisonment for crimes against humanity
and war crimes. This decision was not based on any valid legal argument and completely
disregarded, for no good reason, the solid case which had been made at first instance, suggesting
interference at the highest level to secure Kahwa’s acquittal. The prosecution filed an appeal
with the Military High Court, but no ruling has been delivered as yet. Chief Kahwa was also
sentenced to life imprisonment for murder by the Bunia regional court on 19 January 2006; here
too, the Kisangani court of appeal has yet to pronounce its verdict. The developments in this case
therefore remain a serious cause of concern.
26. On 30 September 2007, judge advocates serving at the Kisangani military prosecutor’s
office, in Orientale Province, were subjected to cruel, inhuman and degrading treatment by
soldiers of the Armed Forces of the Democratic Republic of the Congo (FARDC), acting on the
orders of the commander of the 9th military region. The judge advocates were arrested at their
homes and subjected to grave acts of ill-treatment on several occasions during their detention.
Most civil and military judges, first in Kisangani and then throughout the country, reacted by
going on strike. In a memorandum dated 2 October 2007 addressed to the President of the
Republic, they condemned repeated interference by high-ranking officials in the administration
of justice. They also condemned the actions of the commander of the 9th military region and
demanded that he be suspended and that legal proceedings be brought against him. MONUC also
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