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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.