A/HRC/10/58
page 13
42. Due to the high number of arbitrary detentions without subsequent review by judicial
authorities and the lack of funding for the building of new detention centers, Congolese prisons
are generally overcrowded, compounding the appalling conditions already prevailing within
them. Reports also indicate that suspects in custody are routinely subjected to violations of their
physical integrity, including rape, torture and other forms of cruel, inhuman and degrading
treatment.
43. Torture and ill-treatment in ANR and Republican Guard detention facilities are all the
more worrisome in that these entities remain almost inaccessible to outside observers. In relation
to ANR facilities, judicial authorities are barred from carrying out inspections, in clear
contradiction with the laws of the Democratic Republic of the Congo. This state of affairs is
compounded by ANR agents’ consistent refusal to allow the UNJHRO access to their facilities in
several parts of the country, particularly Kinshasa, South Kivu, Bas-Congo, North Kivu and
Oriental Province, despite MONUC’s mandate and the existence of a directive from President
Joseph Kabila dated 5 July 2005 ordering all security forces, intelligence services and judicial
authorities to provide unhindered access to UNJHRO staff. Likewise, access to detention
facilities operated by the Republican Guard continued to be denied to judicial authorities and
civil society organizations as well as to UNJHRO staff.
44. In addition to the cases of torture and ill-treatment described above, confinement in a
Congolese prison in itself often amounts to cruel, inhuman or degrading treatment. Regular visits
by UNJHRO field offices to state-run prisons throughout the country indicate that dilapidated
cells, the lack of food and medical supplies, overcrowding, corruption, unqualified prison staff
and a lack of rehabilitation programs for inmates remain the norm. During the reporting period,
at least 65 inmates have died due to severe overcrowding, malnutrition, lack of health care and
cruel, inhuman or degrading treatment.
III. ACTIVITIES OF THE UNITED NATIONS JOINT HUMAN RIGHTS
OFFICE IN THE DEMOCRATIC REPUBLIC OF THE CONGO
45. The United Nations Joint Human Rights Office in the Democratic Republic of the Congo
(UNJHRO) comprises the Human Rights Division of MONUC and the Office of the
United Nations High Commissioner for Human Rights. The two offices have been fully
integrated and the UNJHRO functions in accordance with their two mandates.
46. The Human Rights Division of MONUC is mandated by United Nations Security
Council resolutions 1756 of 15 May 2007 and 1794 of 21 December 2007 as well as 1856
of 22 December 2008 to assist in the promotion and protection of human rights, with particular
attention to women, children and vulnerable persons, investigate human rights violations with a
view to putting an end to impunity, assist in the development and implementation of a
transitional justice strategy, and cooperate in national and international efforts to bring to justice
perpetrators of grave violations of human rights and international humanitarian law. The Human
Rights Division is also mandated to assist the Government to establish a vetting process within
the security forces to ensure that members who have committed serious violations of human
rights and international human rights law are not given key posts but are suspended, replaced and
brought to justice. The Human Rights Division also trains members of the security forces,
members of parliament and civil society organizations in human rights standards.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents