A/HRC/13/64 of Les amis de Nelson Mandela pour la défense des droits humains (AMDH), who had been in detention for having denounced what he considered slave-like working conditions in a company in Bas-Congo Province, was provisionally released after close to two months in detention. These cases illustrate that the judiciary is being used as a tool to intimidate those whom the Government perceives as opponents. 34. Activists and journalists face arbitrary arrests, intimidation, ill-treatment and death threats on a daily basis. During the night of 27 to 28 July 2009, in the town of Kanshi, in Mbuji Mayi, a group of five armed individuals, wearing FARDC uniforms, reportedly broke into the premises of a local NGO, Centre d’étude et de formation populaire pour les droits de l’homme (CEFOP/DH), and ordered the guard to provide them with the address of the head of the organization. The guard refused to cooperate and was reportedly tortured. On 18 August 2009, three human rights activists were arrested at Mpemba, Katanga Province. They were allegedly subjected to ill-treatment by two ANR agents and one PNC officer. A similar pattern of repression exists for victims and witnesses. Actions taken by the United Nations Joint Human Rights Office 35. As Congolese authorities have been slow to act to increase protection of human rights defenders, both responsive and proactive measures have been taken by other stakeholders. UNJHRO pays special attention to allegations of human rights violations against human rights activists, journalists, victims and witnesses as they are often the target of repression by public authorities for speaking out against government policy or the problematic realities in the country. Besides intervening in these cases, UNJHRO also takes measures to prevent them. Through a project funded by the European Commission, UNJHRO has established a national network of human rights NGOs specialized in the field of protection and provided capacity-building to them in nine provinces. Moreover, NGOs have organized themselves in provincial protection networks. In cooperation with UNJHRO, these networks have taken many protective measures for persons who are threatened by relocating them and providing them with medical, psychosocial, socioeconomic and legal assistance thanks to a protection trust funded with the support of Switzerland, Sweden and the United Kingdom of Great Britain and Northern Ireland. Obstacles to the implementation of existing recommendations 36. High-ranking government officials sustain a climate of intimidation and repress opposition views rather than encouraging public dialogue and scrutiny of governance. Police, military, judicial and especially political authorities have not always valued the nature and legitimacy of the work done by human rights defenders and journalists. They claim to lack the means to carry out their own protection functions. Moreover, victims and witnesses are often reluctant to testify because they fear acts of retaliation for speaking out or bringing a claim, as they have a right to do. F. Administration of justice and impunity Existing recommendations 37. The existing recommendations in the area of administration of justice and the fight against impunity call for strengthening the justice system and law enforcement. The Congolese parliament should bring existing legislation into conformity with international standards and give priority to the adoption of fundamental laws for the reform of the justice system. It should enact legislation establishing the constitutional court and a credible, independent national human rights commission. The legislative body should also pass the implementing legislation for the Rome Statute of the International Criminal Court. In addition, Congolese State institutions should enable the judiciary to fulfil its constitutional GE.10-10563 13

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