CCPR/C/130/D/2731/2016
6.8
In the present case, the authors, and even one of the defendants, repeatedly requested
that the trial for the murder of Pascal Kabungulu, which began on 28 November 2005, be
continued so that the circumstances of his death could be resolved. Instead of instituting such
proceedings, and despite the fact that the death was clearly an extrajudicial execution
perpetrated by State agents, it appears that the State party’s authorities refused to continue
the proceedings after the South Kivu Military Court declined jurisdiction on 29 August 2008.
Furthermore, the State party’s authorities no longer seem able to locate the case file, which
means that the authors continue to be deprived of any access to an effective remedy that
would shed light on the murder of Pascal Kabungulu. The Committee finds that the facts
before it disclose a violation of article 2 (3), read in conjunction with article 6, of the
Covenant, with regard to Pascal Kabungulu, and of article 2 (3), read in conjunction with
article 7, of the Covenant, with regard to the authors.
7.
The Committee, acting under article 5 (4) of the Optional Protocol, finds that the facts
before it disclose a violation by the State party of article 6 and of article 2 (3), read in
conjunction with article 6, of the Covenant, with regard to Pascal Kabungulu. It also finds a
violation by the State party of article 7, read alone and in conjunction with article 2 (3), and
of article 17 of the Covenant, with regard to the authors.
8.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the authors with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia, to take appropriate steps to: (a) pursue in a prompt, effective, exhaustive,
independent, impartial and transparent manner the investigation and prosecution of the
murder of Pascal Kabungulu and provide the authors with detailed information on the
outcome of these proceedings; (b) prosecute, try and punish those responsible for the
violations committed; and (c) provide the authors with adequate compensation and
appropriate measures of satisfaction. The State party is also under an obligation to prevent
similar violations from occurring in the future.
9.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether or not there has been
a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective remedy when a violation has
been established, the Committee wishes to receive from the State party, within 180 days,
information about the measures taken to give effect to the present Views. The State party is
also requested to publish the present Views and to have them widely disseminated in the
official languages of the State party.
8
GE.21-00792