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V.        Lack of support for judges

In light of the fact that the program was intended to compensate for the virtual absence of the state in terms of Ituri’s judicial system, the limited support that the judges and the Prosecutor’s Office are receiving is paradoxical, to say the least.  The judges and investigative judges complain about the lack of resources, their modest pay, and the inadequate management system set up by the European Commission.

The resources allocated to the judicial system in Bunia are inadequate and do not appear to be satisfactorily managed.  Neither the president of the court nor the Prosecutor’s Office has a budget for the operation of their respective organs.  The budget is managed by RCN on behalf of the European Commission according to a system of priorities that has not been explained to the judges.  The judges state, for example, that more than three months after the start of the program, the Prosecutor’s Office was still operating with a single typewriter.  The purchase of computers, which the judges considered essential for their work, was rejected as a luxury.  They also pointed out that their needs are completely controlled by RCN, down to the tiniest details, like their daily meals and the furniture for their homes.³⁵

The follow-up trainings for judges is another area in which the priorities of the program could be re-oriented for the better.  Under the Memorandum of Understanding, RCN organizes regular training and follow-up training sessions for investigative judges, judges, and judicial personnel.  However, the investigative judges question the usefulness of these sessions in light of their content and cost.  Several investigative judges are of the opinion that these sessions do not teach them anything particularly new.  “These are things that we already know or could learn at lower cost,” stated one investigative judge, citing an instance in which a French expert was recently paid 5,000 euros to run two weeks of training for prison staff.³⁶  This money, continued the investigative judge, could have been better spent, for example in providing equipment for the Prosecutor’s Office or the court.³⁷

The salary of investigative judges, judges, and personnel of the Registry and the Prosecutor's Office should also be improved and paid by the government of the DRC.  The Minister of Justice recently reaffirmed that the restoration of the authority of the state in Ituri remains at the top of the government’s list of priorities.³⁸  The government must demonstrate this by paying the investigative judges a decent salary at regular intervals.  At present, the program does not enable payment of the salary of personnel of the Registry or the Prosecutor’s Office.  The judges and investigative judges receive a monthly stipend of $233.  This amount, according to the investigative judges, is “worse than meaningless because it does not even cover 30% of our monthly needs.”³⁹  The investigative judges also criticized “the untimely exhaustion of stocks of food.”⁴⁰  On the occasion of the program renewal, all the parties involved should reaffirm the principle that the burden of paying the salaries of judicial personnel should be borne by the government.

It is also important for donors to ensure that the funds of this program are managed efficiently.  The interests of justice must guide any future long-term planning.  In this regard, donors should take into account the concerns expressed by the investigative judges, judges, and other judicial experts on the management of the program.  This program must go beyond ad hoc short-term assistance and form the foundation on which the reconstruction of an independent and effective judicial system can be based, in Ituri and beyond.