(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.
The State party should establish and promote an effective mechanism for receiving complaints of sexual
violence, including in custodial facilities, and investigate the complaints, providing victims with
psychological and medical protection.
(13)
The Committee notes with concern allegations of reprisals, serious acts of intimidation and threats against
human rights defenders, especially those who report acts of torture and ill-treatment.
The State party should take effective steps to ensure that all persons reporting torture or ill-treatment
are protected from intimidation and from any unfavourable consequences they might suffer as a result of
making such a report. The Committee encourages the State party to seek closer cooperation with civil
society in preventing torture.
(14)
The Committee is concerned about the general vulnerability of abandoned children who are at risk of torture
and other cruel, inhuman or degrading treatment, especially children used as combatants by the armed groups operating
on the territory of the Democratic Republic of the Congo.
19
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