E/CN.4/1990/17/Add.l page 7 organs of the State such as those responsible for justice, security and law and order; and providing remedies when citizens are victims of a violation of their rights. 27. In carrying out its first function, DDLC has published a vade-mecum on human rights (which is to be followed by two other volumes) in the five main languages spoken in Zaire. It has recently also started refresher courses for law enforcement personnel (in particular OPJs) on detention procedures and the treatment of detainees. A commission of co-ordination (commission de concertation) has been set up, in which, inter alia, all the law enforcement agencies are represented and which meets on a monthly basis. Agreements (conventions de concertation) have been concluded with a number of governmental organs, including the law enforcement and security agencies, in order to guarantee DDLC the possibility to carry out its mandate smoothly. 28. One of the most recent agreements has been concluded with the newly established Department of Internal Security which is responsible for the most important security agencies. In this agreement, it was stressed that persons may only be arrested in conformity with the law and that no one under any circumstances may be subjected to torture or inhuman or degrading treatment. Under the agreement, DDLC is entitled to monitor compliance with the rules on a monthly basis. 29. DDLC is specifically entitled to visit all places of detention. If there are persons detained who are not duly registered, DDLC can order their immediate release. Visits are either made on a regular, pre-announced basis or without warning. If during a visit a detainee is found to have been tortured or maltreated, DDLC can, under a recently promulgated ordinance (23 September 1989) start a procedure against the perpetrator. 30. DDLC has set up 58 local offices. 26 in Kinshasa and 32 in other areas throughout the country, where individuals can file complaints about violations of their rights. Such complaints are only admissible if all legal and administative remedies have been exhausted. By the end of 1989, 5,200 complaints had been taken into consideration. Complaints may refer to violations of economic, social and cultural rights as well as of civil and political rights. Percentage-wise, complaints about violations of property rights and employment contracts score highest, followed by complaints about illegal or arbitrary arrest and detention. 31. Since a number of allegations brought to the Special Rapporteur's attention referred to situations where a person had been deprived of his liberty without being charged or brought to trial, the Special Rapporteur specifically asked whether administrative detention was practised and if so, whether this had a basis in the law. From the various replies received, it became clear that there used to be a legal basis in Decret-loi No. 1/61 of 25 February 1961 and that it was regularly applied during the period of civil strife between 1960 and 1965, together with other administrative measures such as internal banishment and house-arrest, but that this legal instrument was now considered to be obsolete. On the other hand, the Minister for Internal Security (Commissaire d'Etat a la Securite du Territoire) told the Special Rapporteur that administrative measures, including detention and internal banishment, were sometimes taken on his own authority. These measures were of a temporary nature and the President of the Judicial Council had to be informed. It did not become clear, however, what was the legal basis for this authority other than Decret-loi No. 1/1961.

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