26.
Democratic Republic of the Congo
(1)
The Committee considered the initial report of the Democratic Republic of the Congo (CAT/C/37/Add.6) at its
686th and 687th meetings (CAT/C/SR.686 and 687), held on 21 and 22 November 2005, and adopted, at its 691st
meeting, the following conclusions and recommendations.
A. Introduction
(2)
The Committee welcomes the presentation of the initial report of the Democratic Republic of the Congo, which
is in conformity with the Committee’s guidelines for the preparation of reports, but regrets that it was submitted with an
eight-year delay. It commends the report’s frankness and the State party’s acknowledgement of shortcomings in the
implementation of the Convention. It appreciates the constructive dialogue conducted with the high-level delegation
sent by the State party and notes with satisfaction the candid and full answers given to the questions raised during the
dialogue.
B. Positive aspects
(3)
The Committee notes with satisfaction the following positive developments:
(a)
The ratification by the State party of most of the core international human rights treaties;
(b)
The ratification by the State party, on 30 March 2002, of the Rome Statute of the International
Criminal Court;
(c)
The State party’s stated intention to rectify the delay in submission of its reports to the various treaty
bodies, and with that end in view to transmit its reports to the United Nations Secretary-General through the new
Inter-Ministerial Standing Committee set up on 13 December 2001;
(d)
The existence of a bill amending and expanding the Criminal Code to ensure that the Convention is
fully incorporated in the domestic legislation of the Democratic Republic of the Congo;
(e)
The establishment of institutions for the promotion and protection of human rights, such as the
Observatoire congolais des droits de l’homme and the Ministry of Human Rights, and the emerging cooperation between
the public authorities and civil society in the promotion and protection of human rights, especially in countering torture.
C. Factors and difficulties impeding the implementation of the Convention
(4)
The Committee notes that the State party is still going through a period of political, economic and social
transition exacerbated by an armed conflict that has had and continues to have an impact on the country. The
Committee points out, however, that, as stated in article 2, paragraph 2, of the Convention, no exceptional circumstances
whatsoever may be invoked as a justification of torture.
D. Subjects of concern and recommendations
(5)
The Committee notes with concern that the State party has neither incorporated the Convention in its domestic
legislation nor adopted legal provisions to ensure its implementation, and notes in particular:
(a)
That there is as yet no definition of torture in domestic law that strictly corresponds to the definition
contained in article 1 of the Convention;
(b)
That the law of the Democratic Republic of the Congo does not confer universal jurisdiction for acts of
torture;
17
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