10 08 11 Amnesty International – DRC: NEGLECTED CONGOLESE VICTIMS DESERVE JUSTICE NOW

 

A new Amnesty
International report The time for justice is now; new strategy needed in the
Democratic Republic of Congo calls for the reform and strengthening of the
country's national justice system to combat impunity that has been fostering a
cycle of violence and human rights violations for decades.

"The people of the
DRC have suffered war crimes and crimes against humanity – including torture,
sexual violence and the use of child soldiers – on an enormous scale and yet
only a handful of perpetrators have ever been brought to justice," said
Veronique Aubert, Amnesty International's Africa deputy director.

"All suspected
perpetrators of such crimes under international law must be prosecuted according
to international fair trial standards without the use of the death
penalty."

"In the run up to
Presidential and Legislative elections in DRC due to take place in
November 2011, bringing
perpetrators of crimes under international law to justice and ensuring
reparations for victims must not just be an electoral priority; it must be
translated into concrete measures."

Last year, the
United Nations published a report (the UN mapping report) documenting the most
serious violations and abuses in the DRC committed between 1993 and 2003 and for
which justice has almost never been done. It pointed out that the Congolese
justice system is too weak and under-resourced to provide justice for crimes
under international law.

In response to the
UN report, the DRC government has proposed the establishment of a Specialised
Court that would have jurisdiction over these crimes. The Specialised Court
would involve both Congolese and international justice personnel. The law is to
be debated and could be adopted by the Parliament within weeks.

"This initiative
is a very positive step towards tackling impunity but much more needs to happen
in order to enable the ordinary courts to complement this new mechanism," said
Veronique Aubert.

"While the
Specialised Court will try some of the high profile cases the bulk of the
caseload will need to be addressed by other courts in the country."

Amnesty
International has identified other fundamental steps which need to be taken so
that the DRC justice system can provide redress to the men, women and children
who have been affected by the endemic violence and abuses.

"The neglected
victims of these terrible crimes need justice – they must be able to contribute
to the reform process in a meaningful way and have their voices heard by the
government," said Veronique Aubert.

Fair trial and due
process must be guaranteed, as judges and other judicial staff regularly face
threats and interference from the political authorities and military officials,
according to the report.

Amnesty
International also calls for a programme to be put in place to protect victims
and witnesses who are reluctant to come forward for fears of reprisals by
perpetrators who are still free.

Paul is a
30-year-old man from Masisi who told Amnesty International that the Congolese
army is systematically committing abuses in his village:

"When there is
nothing valuable in our houses, they come and take the women. In
September 2010 my house was
burned down. At around 10pm, several soldiers came to my house and kicked down
the door. They found me and started beating me, breaking one of my
ribs.

"Then they started
beating my wife and children. To stop their violence, I went outside to give
them my nine goats and pleaded with them to take my goats and leave my family.
When the military left, I fled to the forest with my wife and children. When we
came back the next morning, our house had been burned down. What I have told you
has happened to almost everyone in my village."

Paul said that he
felt unable to make a complaint because the same military are still present in
Masisi and he fears reprisals.

Even where
prosecutions are successful court judgements are rarely enforced. Amnesty
International was unable to identify a single case in which compensation had
been paid by the government when it was held accountable by the courts for
crimes under international law. Congolese people must be made aware of their
legal rights and receive reparations.

In March 2011
Amnesty International visited prisons in Bukavu and Goma. Bukavu was built to
house up to 350 prisoners but contained 1,207 inmates including 37 children
under 18. Seven infants were also in prison with their mothers.

Goma Central
Prison was built for 150 inmates but held 943. Prison conditions must greatly
improve and routine escapes from detention must end.

A variety of
justice reform projects are currently being carried out in the DRC but none of
them are sufficiently comprehensive or well coordinated to address the
inadequacies of the judicial system. An efficient coordination mechanism must be
agreed among donors and the government.

Given the current
weaknesses in international and national programmes as well as the under-funding
of the DRC justice system, Amnesty International is calling on the Government,
the United Nations, the European Union and other relevant donors to provide the
necessary financial and technical support to ensure a comprehensive, long term
justice strategy is developed.