E/CN.4/1990/17/Add.l
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for accused persons, part of which could be reserved, as a separate unit, for
persons suspected of having committed security-related offences, as
recommended in paragraph 42, above, would be a commendable measure.
46. As regards the question of administrative detention, the Special
Rapporteur feels that the Government should clarify its position on this
issue. As long as it is practised, the conditions under which a person may be
temporarily detained should be laid down and should be subjected to judicial
control by the Supreme Court.
47. The fact that the Department of Rights and Freedoms of the Citizen is
authorized to receive complaints from citizens who claim that their
fundamental rights have been violated is another indication that meaningful
steps have been taken to strengthen the rule of law in Zaire. The Special
Rapporteur visited two of the Department's local offices in Kinshasa and
talked with the main delegates of these offices. The main delegate is a
person who is chosen from people who have a good reputation and authority in
society and is assisted by two lawyers and an administrative staff. The local
offices are easily accessible to the public. The Special Rapporteur was
impressed by the commitment of the persons he met. He was informed that
sometimes the authorities to whom the complaint referred were unco-operative
and were obviously not yet used to the new developments, he was also informed
that members of some of the law-enforcement forces still tended to be rather
indifferent to the rights of the citizens who often fell victims to
harassment. It could, therefore, be recommendable to strengthen the position
of the local offices in order to enable them to take corrective measures on
the spot.
48. The Special Rapporteur could not avoid noting that the resources of the
local offices were minimal. No means of transport was available and there was
no telephone. Under such circumstances, work was extremely difficult and was
certainly less effective than if it was done in more adequate conditions. In
view of the priority given to human rights issues by the Government, it may be
recommended that the local offices be provided with appropriate equipment in
order to enable them to carry out satisfactorily their highly important task.
49. In conclusion, it can be said that until recent years, the legal and
institutional framework in principle guaranteed the respect for human rights
quite satisfactorily, but that in actual practice the system did not work
properly. The result was that in a considerable number of cases even the most
basic human rights, like the right to physical and mental integrity, were
violated. The creation of DDLC can be seen as a remarkably bold effort to
revitalize the long-neglected system of checks and balances. The Zairian
Government must be commended since it decided to approach the question
in a comprehensive way, reflected in the Department's work programme:
consciousness-building, training and formation, co-ordination between the
various Government organs and redress. It is precisely this comprehensive
character which makes the creation of the DDLC a unique experiment. As stated
earlier, it is still too early to evaluate the outcome of the experiment. But
it can only be successful if all branches of Government are fully prepared to
strictly comply with the rules.
50. It has to be recognized that the authorities are hampered in carrying out
their programme by the fact that the existing infrastructure is badly
deficient and as a developing country Zaire will face tremendous difficulties
in improving this infrastructure. As the Special Rapporteur said in previous
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