Background Briefing

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VII.     Recommendations 

To the government of the Democratic Republic of Congo:

  • Define a clear judicial policy on the fight against impunity in Ituri and extend the program to include serious crimes committed during the armed conflict in Ituri.

  • Remedy the shortage of judicial personnel; in particular, increase the number of investigative judges and investigators in the Prosecutor's Office.

  • Pay a regular, decent salary to judicial personnel.

  • Instruct the investigative judges at the Prosecutor’s Office and the judges to extend their work beyond the town of Bunia through regular hearings in the various territories of the district of Ituri outside of Bunia.

  • Reinforce the investigative capability of the Prosecutor’s Office, particularly by providing it with a judicial police force, an experienced mobile investigative team, and an adequate budget.

  • Establish a witness protection program as a matter of urgency, if necessary with international assistance.

    To the European Commission and other donors:

  • Renew the program of support for the judicial system in Ituri for an additional period of at least one year.  Use that period to plan a longer-term assistance program to aid the judicial system in Ituri, and the rest of the DRC, in order to guarantee the program’s continuity.

  • Restructure the management of the program, giving the Congolese judicial authorities a greater role, particularly the Judicial Police of the Prosecutor’s Offices (Police Judiciaire des Parquets), the Documentation and Studies Service, and the Judicial Services Inspectorate, which are better suited to enhance the capabilities of judicial personnel than a nongovernmental organization.

  • Increase the financial resources of the program with a view to improving the performance of the judicial system in Ituri, particularly through the following measures:

    o Increase funding for office equipment.

    o Enhance the operational capabilities of the Prosecutor’s Office by holding regular training sessions for investigative judges on investigation methods, with the assistance of more experienced investigative judges, and by increasing the technical personnel at the Prosecutor’s Office.

    To MONUC:

  • Improve security conditions in Bunia, and in Ituri more generally, through specific measures, particularly by accelerating the implementation of the program for disarmament and demobilization of members of armed groups.

  • In collaboration with the National Transitional Government, set up a witness protection program and increase the security for judicial personnel.

  • Make the process of collaboration with the judicial system more flexible in order to enhance efficiency.  This could result, for example, in the designation of a point person within MONUC/Bunia responsible only for centralizing the granting of assistance to the Prosecutor’s Office.

  • Participate in the fight against impunity, particularly by providing the Prosecutor’s Office with information on serious crimes committed in Ituri and their perpetrators.




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