CAT/C/DRC/CO/1
page 3
The Committee recommends to the State party that it take all necessary legislative,
administrative and judicial measures to prevent acts of torture and ill-treatment in
its territory, and in particular that it:
(a)
Adopt a definition of torture encompassing all the constituent
elements contained in article 1 of the Convention and amend its domestic criminal
legislation accordingly;
(b)
Ensure that acts of torture constitute offences over which it has
jurisdiction, in accordance with article 5 of the Convention;
(c)
Provide for implementation of the Convention, especially its
articles 6 to 9.
6.
The Committee is also concerned about repeated allegations of widespread torture and
ill-treatment by the State party’s security forces and services and about the impunity allegedly
enjoyed by the perpetrators of such acts.
(a)
The State party should take effective measures to prevent any acts of torture
or ill-treatment from occurring in any part of the territory under its jurisdiction;
(b)
The State party should take vigorous steps to eliminate impunity for alleged
perpetrators of acts of torture and ill-treatment, carry out prompt, impartial and
exhaustive investigations, try the perpetrators of such acts and, where they are convicted,
impose appropriate sentences, and properly compensate the victims.
7.
The Committee takes note of the outlawing of unlawful places of detention that are
beyond the control of the Public Prosecutor’s Office, such as prison cells run by the security
services and the Special Presidential Security Group, where persons have been subjected to
torture. Nevertheless, it remains concerned that officials of the State party are still depriving
people of their liberty arbitrarily, especially in secret places of detention. It is also concerned
about allegations that the military and law enforcement officers commonly subject detained
persons to torture and ill-treatment.
(a)
The State party should take steps, as a matter of urgency, to bring all
places of detention under judicial control, in accordance with the presidential decision
of 8 March 2001;
(b)
The State party should take effective action without delay to prevent acts of
arbitrary detention and torture by its officials. All alleged cases of arbitrary detention and
torture should be thoroughly investigated, the perpetrators prosecuted and the victims
awarded full reparations, including fair and adequate compensation;
(c)
The State party should take steps to ensure that all arrested persons are
formally registered and brought before a judge and can exercise their right to have the
assistance of a lawyer of their choosing, to be examined by a doctor, and to contact their
families or other persons of their choosing.