A/HRC/13/64
involved in serious human rights violations and to bring them to justice.14 The Special
Rapporteur on extrajudicial, summary or arbitrary executions visited the Democratic
Republic of the Congo in October 2009. After his visit, he made six recommendations for
tackling impunity in the country, including on the reform of the penitentiary system and the
removal of key members of the military who are alleged to have committed war crimes,
crimes against humanity, or other serious offences.
Actions taken by the Government and the current situation
44.
Due to the nature of the successive political agreements, State security forces have
integrated within their ranks major perpetrators of human rights violations, who in a
number of cases have continued to prey on the civilian population and to commit human
rights violations. In the eastern regions of the country in particular, a number of FARDC
battalions — notably in the context of the Kimia II operations — have perpetrated attacks
and committed human rights violations, accusing civilians of collaborating with rebel
groups.
45.
National authorities have taken some small steps to implement the Government’s
zero tolerance policy against the FARDC elements implicated in human rights violations.
Some soldiers were removed from active service and there have been convictions of rank
and file soldiers for human rights related crimes, but progress has been limited. In July
2009, for example, the cour militaire opérationnelle (ad hoc military court) of North Kivu
sitting in Rutshuru heard nine different cases. On 27 July 2009, the court sentenced a
Colonel Kipanga in absentia to life imprisonment and a Major Lusungu to 10 years’
imprisonment, on account of crimes against humanity. Colonel Kipanga escaped from
detention and later rejoined the FARDC despite the conviction against him. The Court also
ordered the two officers to pay, jointly with the Government, damages to the victims of
rape. On 11 September 2009, the tribunal militaire de garnison of Bunia, Oriental
Province, sentenced an FARDC soldier of the 132nd battalion to life imprisonment for rape
and murder. He was also expelled from the FARDC.
46.
Despite repeated requests by the Security Council, no tangible steps have been taken
by the Government to start a vetting process which could examine current and future
security forces on their respect for international humanitarian and human rights law and
remove them from active service if appropriate. On the contrary, known perpetrators of
human rights violations, including some who have been named in several United Nations
public reports have been integrated into the FARDC, the police or intelligence services.
Actions taken by the United Nations Joint Human Rights Office
47.
During the reporting period, UNJHRO provided information to Congolese military
justice officials, the Defence Ministry, and the hierarchy of the PNC and FARDC on the
human rights violations perpetrated by members of the PNC and FARDC throughout the
country. UNJHRO also provided logistical and substantive support for joint investigation
missions to Congolese civilian and military justice officials throughout the country. To
increase the number of prosecutions, MONUC decided to support joint investigation teams
through quick impact projects (QUIPS). UNJHRO also plays an important role in the rapid
response early warning cell within MONUC aimed at identifying and holding accountable
commanders of military units who have consistently violated human rights since the
commencement of the Kimia II operation in the eastern part of the country. Furthermore,
several training seminars and workshops on human rights for the FARDC and members of
other security forces were organized.
14
16
See footnote 1.
GE.10-10563
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