A/HRC/30/32
71.
The conclusion of several emblematic trials, including of FARDC officers, was
a welcome step forward in the fight against impunity. However, structural problems
in the justice system, particularly its lack of independence when dealing with cases
against political opponents and civil society actors, remain of great concern and have
resulted in the still low prosecution rate of human rights violations.
72.
The High Commissioner deplores the expulsion of the former Director of the
United Nations Joint Human Rights Office from the Democratic Republic of the
Congo in October 2014 following the publication of the report on Operation Likofi.11
He notes with concern that the Government had decided, in January 2015, to carry
out the Sukola II operation unilaterally led by two FARDC generals suspected of
having committed gross human rights violations.
B.
Recommendations
73.
The High Commissioner recommends that the Government of the Democratic
Republic of the Congo:
(a)
Establish judicial and non-judicial mechanisms to fight against impunity
for serious past and ongoing human rights violations, committed across the country,
including through the adoption of the law on the specialized chambers;
(b)
Take all the legislative measures necessary to ensure that all those
convicted of crimes can appeal against their convictions and sentences to a higher
court;
(c)
Ensure that the fundamental freedoms of all people in the Democratic
Republic of the Congo are respected in the run-up to the upcoming elections;
(d)
Ensure that the National Human Rights Commission is fully operational,
including through the allocation of appropriate financial and logistical capacity, and
that it works in line with the Paris Principles;
(e)
Take all the measures necessary to ensure that the defence and security
forces of the Democratic Republic of the Congo fully respect international human
rights and humanitarian law, including by reinforcing oversight and accountability
mechanisms;
(f)
Work towards the full implementation of the FARDC action plan to stop
and prevent underage recruitment, sexual violence against children and other grave
child rights violations in the Democratic Republic of the Congo, and ensure that
perpetrators are systematically brought to justice, and that victims receive timely and
appropriate reparation;
(g)
In accordance with the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and with
the assistance of the Subcommittee on Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, create a national mechanism for
the prevention of torture independent of the Government;
(h)
Establish and empower national institutions and mechanisms for the
coordination and implementation of recommendations of the United Nations human
rights mechanisms;
11
18
The High Commissioner issued a press release on 19 October 2014 to condemn the expulsion of the
Director of the United Nations Joint Human Rights Office.
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