A/HRC/16/27 57. As noted in the report, it is essential that the authorities carry out prior national consultations to ensure that the Congolese people are fully involved in assessing needs, establishing priorities and finding solutions – in short, to ensure that they assume ownership of these new mechanisms and understand their function and scope. I welcome the cooperation of the Government of the Democratic Republic of the Congo in this respect, and invite the international community to support efforts to strengthen the justice system and to implement a strategy that will guarantee transitional justice. Obstacles to the implementation of existing recommendations 58. The obstacles identified in my previous report are still valid (A/HRC/13/64, para. 42). The administration of justice in the Democratic Republic of the Congo continues to be severely hampered by inadequate resources. The living and working conditions of judges are such as to discourage respect for the principle that judicial cases should be dealt with in a reasonable time. This lack of resources also hampers the fight against impunity, as it leaves judges and judicial officials more open to corruption. Courts that do not receive sufficient funding to cover their operating costs tend to finance themselves by charging exorbitant fees. This situation calls into question the impartiality and independence of the courts and makes them seem distant from the people. G. Fight against impunity for the Congolese security forces 59. A number of recommendations have been put to the Congolese Government in the past, including that it should firmly implement a zero tolerance policy for all human rights violations and that it should carry out thorough background checks on candidates for official posts to ascertain their record on respect for international humanitarian law and human rights, especially when they are applying for key posts in the armed forces, national police or other security services. It has also been recommended that the Government should take appropriate action to remove army officers or units involved in serious human rights violations and to bring those concerned to justice.35 Actions taken by the Government and the current situation 60. Much more needs to be done to put the President’s policy of zero tolerance into practice.36 As far as the judicial system is concerned, the duty to systematically investigate all human rights violations and to effectively prosecute and punish the perpetrators must be acted upon. In recent months, proceedings against law enforcement officers have resulted in convictions and the payment of compensation to victims. In general, however, many officers have evaded justice, victims are rarely compensated and the sentences handed down are not actually served by the offenders. 61. In May 2009, a list of five army officers involved in serious human rights violations, including sexual violence, was handed to the President by a Security Council delegation on a visit to Kinshasa. Three of the five are now in pretrial detention in Makala central prison in Kinshasa and requests for judicial assistance have been sent by the chief military prosecutor to the relevant judge advocates asking for investigations to be carried out. The fourth officer on the list was located in the province of Equateur, where he is in charge of a battalion. On 14 June 2010, the FARDC chief of staff sent a letter to the commander of the 35 36 16 See footnote 1. On 5 July 2009, President Kabila announced that he would be following a policy of zero tolerance in cases of indiscipline and human rights violations, including sexual and sexist violence. GE.11-10197