CAT/C/DRC/CO/1
page 4
8.
The Committee is concerned about qualitative and quantitative shortcomings in the
judiciary and the Public Prosecutor’s Office, the public institutions responsible for overseeing
public safety and ensuring that the State functions in a manner that guarantees respect for
human rights.
(a)
The State party should take effective steps to enhance the independence of
the judiciary, the cornerstone of any State based on the rule of law by virtue of its role as
custodian of rights and freedoms under the Constitution, especially by improving the
working conditions of officials and the facilities they require for the proper performance of
their duties. The Committee considers that the State should train judges to ensure more
efficient investigations and bring judicial decisions into conformity with applicable
international norms. It further recommends the adoption of effective measures to ensure
the independence of members of the judiciary and the protection of their physical integrity;
(b)
The Committee encourages the State party to seek ways and means of
strengthening the judiciary, in particular through international cooperation.
9.
The Committee notes with concern the existence of a system of military justice with
jurisdiction to try civilians.
The State party should take the necessary steps to ensure that military courts are
used solely for the purpose of trying military personnel for military offences in
accordance with the relevant provisions of international law.
10.
The Committee notes with concern the large number of security forces and services with
powers of arrest, detention and investigation.
The State party should keep to the strict minimum the number of security forces
and services with powers of arrest, detention and investigation, and ensure that the
police force remains the primary law enforcement agency.
11.
The Committee is concerned about the conditions of detention currently existing in the
Democratic Republic of the Congo. The most common problems are overcrowding, insufficient
food, poor hygiene and a shortage of material, human and financial resources. The treatment of
prisoners remains a matter of concern for the Committee. Cases of corporal punishment for
disciplinary offences have been reported. Solitary confinement and food deprivation are also
used as disciplinary measures. In many cases, minors and women are not segregated from adults
and men.
The State party should end practices that are contrary to the United Nations
Standard Minimum Rules for the Treatment of Prisoners. It should also take
immediate steps to reduce overcrowding in prisons and the number of persons in
pretrial detention, and ensure that minors and women are segregated from adults
and men.
12.
The Committee is deeply concerned about the widespread sexual violence against
women, including in places of detention.