Joint Declaration on Mixed Chambers and ICC Implementing Legislation

Enough joined a coalition of Congolese and international organizations
convened by Human Rights Watch to press the Congolese government to pass
critical legislation that will pave a path for high-level accountability
for atrocities in Congo. Two laws currently pending in parliament are
crucial to the establishment of specialized mixed chambers in Congo, which
would prosecute perpetrators of war crimes and crimes against humanity,
including rape and sexual enslavement. The chambers would be located in
Congo and trials would be carried out in collaboration by local and
international judges, lawyers and investigators. Local access and ownership
over justice for atrocities are crucial, and with the help of international
funding, oversight and expertise, the mixed chambers hold enormous promise
for carrying out fair, balanced, and sophisticated prosecutions, with
emphasis on due process rights and victim and witness support and
protection.
 By Enough Team | Apr 1, 2014
 Download the full PDF
version<http://www.enoughproject.org/files/HumanRightsGroupsLetter_NoMoreDelaysforJustice_Joint%20Declaration.pdf>


*Establish Specialized Mixed Chambers and Adopt ICC Implementing
Legislation  During the Current Parliamentary Session*

The 146 undersigned Congolese civil society and international human rights
organizations
welcome recent commitments by authorities in the Democratic Republic of
Congo to ensure
justice for war crimes and crimes against humanity. They call on the
government to press for adoption of the draft law establishing Specialized
Mixed Chambers and the draft law
implementing the statute of the International Criminal Court (ICC) during
the current
parliamentary session, which began on March 15, 2014.

Repeated cycles of violence and impunity over the past two decades,
particularly in eastern
Congo, have resulted in the deaths of an estimated five million people from
violence, hunger
and lack of medical care. National armed forces from Congo, Rwanda and
Uganda, and
numerous non-state armed groups have carried out massacres, summary
executions, rape,
torture, forced recruitment of children, and pillaging and burning of
homes.

While there has been some progress with national and international trials,
the vast majority of the perpetrators of these crimes remain unpunished.
The trials that have taken place in
Congo's military courts have faced numerous challenges, including with
regards to the
quality of investigations, protection of victims and witnesses, respect of
the rights of the
accused, and ability to prosecute senior level commanders most responsible
for the crimes.

The creation of a new mechanism within the Congolese judicial system to
prosecute these
crimes, and adoption of the ICC implementing legislation into Congolese
law, could go a
long way in finally bringing justice to victims and their families who feel
forgotten and
abandoned, despite unimaginable suffering. These decisive and concrete
steps to fight
impunity would also send a strong warning to rebel leaders and military
commanders that
serious crimes will not go unpunished--and hopefully help bring an end to
Congo's history
of rampant abuse.

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