CAT/C/DRC/CO/1
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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;
(c)
That there are no provisions giving effect to other articles of the Convention,
particularly articles 6 to 9.