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 GE.19-08966 7

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