CAT/C/COD/CO/2
non-State armed militias have caused an unprecedented humanitarian crisis. The Committee
deplores the inadequacy of the investigations and proceedings aimed at identifying those
responsible for the serious violations committed in the context of the armed conflict,
including the instigators of such acts and senior officers involved, certain recent convictions
for war crimes and crimes against humanity notwithstanding (arts. 2, 12 and 16).
31.
The Committee urges the State party to:
(a)
Ensure that all persons suspected of war crimes and crimes against
humanity, or of complicity in such acts, are swiftly brought to justice, including those
occupying senior positions in the armed forces;
(b)
Cooperate fully with the United Nations Organization Stabilization
Mission in the Democratic Republic of the Congo, the United Nations Joint Human
Rights Office and the Special Representative of the Secretary-General on Sexual
Violence in Conflict and continue to cooperate with the International Criminal Court
in order to combat impunity.
Sexual violence
32.
The Committee is deeply concerned about reports that the practice of rape in custody
is endemic, particularly where women have been detained on account of their participation,
direct or indirect, in some form of political opposition or human rights defence activities.
While taking note of the legislative, institutional and judicial measures taken by the State
party in its efforts to combat this scourge, and the appointment of a personal representative
of the Head of State on sexual violence, the Committee remains alarmed at the endemic
nature of such violence, which continues to be used – in its most brutal forms – as a weapon
of war against an extremely worrying and, it appears, growing number of women, young
girls, men and children, by both government forces (the Armed Forces of the Democratic
Republic of the Congo and the Congolese National Police) and non-State armed groups,
acting in a climate of total impunity. It is also concerned about the lack of access to justice
for victims, who must initiate a complex, drawn-out and costly procedure in order to secure
the enforcement of remediation orders against the State, in a process that is distinct from
the criminal prosecution and that, even if it is pursued, does not result in reparation being
made. The Committee also notes with concern that the military courts are exercising
jurisdiction over numerous cases of sexual violence linked to the armed conflict raging in
the eastern part of the country, which, given the judges’ lack of independence, is reportedly
giving rise to a situation of generalized impunity for perpetrators who are agents of the
State party, with the instigators of such acts escaping prosecution and punishment. The
Committee deplores the fact that, as a result, very few victims have access to effective
remedies, reparation or rehabilitation and reintegration services (arts. 2, 12, 13, 14 and 16).
33.
The Committee urges the State party to:
(a)
Ensure that all cases of sexual violence automatically give rise to
effective and impartial ex officio investigations and proceedings in the ordinary courts
and that perpetrators, including instigators and accomplices, are prosecuted and
receive punishments commensurate with the seriousness of the acts committed;
(b)
Assess the needs of victims of acts of sexual violence and establish
compensation funds that are operational, along with specialized medical and
psychological rehabilitation services;
(c)
Increase the number of judges specializing in sexual violence in areas
where the issue is present and strengthen their capacity;
(d)
Facilitate access to justice for victims, including in remote areas, by
educating the public, protecting witnesses and establishing mobile courts as necessary.
Violence against children
34.
While taking note of the few measures taken by the State party with respect to the
demobilization and reintegration of child soldiers, the Committee remains deeply concerned
about the scale of the violence affecting children, in particular: (a) sexual exploitation in
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