CAT/C/COD/CO/2 concerned that the military courts continue to have jurisdiction to try civilians in several situations, in particular when they commit crimes using weapons of war, or to try crimes committed by military personnel against civilians, even if they are offences under ordinary law (arts. 2 and 12). 27. The State party should make the necessary legislative amendments to remove the jurisdiction of the military courts to try civilians and ensure that the ordinary courts alone have jurisdiction to hear cases involving serious violations of human rights committed against civilians. Political violence: arbitrary arrest and detention, and excessive use of force 28. The Committee is deeply concerned about the many consistent reports of repeated attacks on political opponents and human rights defenders seeking to exercise their right to freedom of association or expression. The Committee is also concerned that many members of civil society have experienced judicial harassment, have sometimes been subjected to acts of torture or ill-treatment and have been arbitrarily arrested and detained. While welcoming the recent release of several political prisoners, the Committee remains seriously concerned about the many ongoing cases of arbitrary detention. The Committee is also concerned about the manifestly excessive and disproportionate use of force by officers of the National Police and the armed forces, who used live ammunition during the demonstrations that took place across the country between December 2017 and February 2018, in which 19 people reportedly lost their lives and 251 were injured. While noting with satisfaction the establishment of a joint commission of inquiry to examine the violations committed during those demonstrations, the Committee finds it regrettable that the commission’s recommendations have not been implemented, notably the recommendation regarding the launching of investigations (arts. 2, 12, 13 and 16). 29. The Committee urges the State party to: (a) Immediately release all persons who remain in custody for having defended their opinions or demonstrated peacefully, and guarantee the payment of compensation to victims of arbitrary detention; (b) Ensure that political opponents, human rights defenders and other representatives of civil society are protected from acts of intimidation and violence to which they may be exposed because of their activities; (c) Implement the recommendations of the joint commission of inquiry and undertake prompt judicial investigations into the demonstrations that took place in December 2017 and January 2018; (d) See to it that the Protection Unit for Human Rights Defenders quickly becomes operational by providing it with the necessary human and financial resources; (e) Ensure that impartial and thorough investigations are conducted without delay into any allegation of excessive use of force, torture, ill-treatment or extrajudicial executions targeting political opponents, human rights defenders and members of civil society organizations, and bring proceedings as necessary; (f) Develop and implement clear guidelines on the use of force and weapons, incorporating the principles of lawfulness, necessity and proportionality, and the precautionary principle, and bring the laws and regulations governing the use of force into line with international standards, in particular the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials adopted in 1990. Protection of the civilian population in the context of the armed conflict 30. The Committee is deeply concerned about the serious, mass violations of human rights and international humanitarian law that have been and continue to be committed in several parts of the country, including the provinces of North Kivu, South Kivu and Kasai, where summary executions, deliberate – sometimes ethnically motivated – attacks on civilian populations, the large-scale recruitment and use of children, indiscriminate attacks, large-scale sexual violence and the destruction of civilian property by the armed forces and 6 GE.19-08966

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