A/HRC/7/25 page 12 (b) Chambers of first instance could be composed of three judges (two national and one non-national, or vice versa); (c) The preliminary or final appeal court could be composed of three judges (two non-national and one national, or vice versa); (d) The public prosecutor’s office would be organized and would function according to the same criteria. 37. The name of the institution could be the “Joint Criminal Chamber” and it would be responsible for trying persons accused of acts of genocide or other serious violations of human rights and international humanitarian law committed in the Democratic Republic of the Congo, as well as citizens of the Democratic Republic of the Congo accused of committing such acts or violations in neighbouring States. 38. Such an institution would be more flexible and less costly, should the creation of a special international criminal tribunal prove unfeasible. The new joint criminal chambers could also contribute to restoring the country’s judicial system in terms of staff, training, equipment and living and working conditions. II. THE SITUATION OF WOMEN AND CHILDREN A. Sexual violence and impunity: the crucial role of the judiciary in combating sexual violence 39. The incidence of acts of sexual violence continues to increase at an alarming rate in the Democratic Republic of the Congo, with almost total impunity. Pregnant women, persons in detention, minors and even babies are victims of individual or gang rapes, committed, to a worrying extent, by members of the Congolese national police and FARDC. On 14 September 2007, members of the Congolese national police in Yanonge (Orientale Province), acting on orders from their commanding officer, allegedly raped eight women, including three minors aged from 11 to 14 years and one pregnant woman.10 40. In the absence of a functioning judicial system, many out-of-court settlements are concluded on the initiative or under the authority of traditional chiefs or local administrative officials, sometimes even the police, in breach of the legislation of July 2006 increasing the penalties for sexual violence and reaffirming the prohibition on such out-of-court settlements. On 9 October 2007, the commanding officer at the police substation in the village of Thedeja (Orientale Province) allegedly received a fee of US$ 58 from a rape suspect to thank him for mediating in settling the matter out of court. The commanding officer reportedly persuaded the victim’s family not to press charges and to accept a cow by way of compensation. 41. The underrepresentation of women among judicial personnel, the predominantly patriarchal culture and the tendency for acts of violence against women to become commonplace 10 This incident and the others that follow were reported by personnel of the United Nations Human Rights Integrated Office in the Democratic Republic of the Congo (UNHRO).