A/HRC/WGEID/105/1
General Prosecutor’s Office about the existence of a criminal investigation and the actions
taken.
Observation
35.
The Working Group recalls article 16 of the Declaration, which states that all
persons alleged to have committed an act of an enforced disappearance “shall be tried only
by the competent ordinary courts in each State, and not by any other special tribunal, in
particular military courts”.
Democratic People’s Republic of Korea
Standard procedure
36.
The Working Group transmitted four cases to the Government, concerning Mr. Kim
Hyun Chul, Mr. Kim Hyun II, Ms. Kim Hyun Ran and Mr. Kim II Hyun, all allegedly last
seen in January 2011 at the Ranam-guyok security agency in Chongjin, North Hamkyung
Province.
Democratic Republic of the Congo
Urgent action
37.
On 18 December 2014, the Working Group, following its urgent action procedure,
transmitted a case to the Government concerning Mr. Anders Kalemwanda Ilunga,
allegedly arrested early in October 2014 by agents of the National Intelligence Agency in
Kinshasa. In accordance with the methods of work of the Working Group, the Government
of Belgium was also provided with a copy of the case.
General allegation
38.
On 26 March 2015, the Working Group transmitted information received from
credible sources concerning obstacles encountered in the implementation of the
Declaration.
39.
The Working Group received reports indicating that an operation named “Likofi”
was launched on 15 November 2013 by the Minister of the Interior, Security,
Decentralization and Customary Affairs with the aim to eradicate kulunas (delinquent gang
members) in Kinshasa. During the operation, conducted from November 2013 to February
2014, uniformed and hooded police officers allegedly raided the homes of suspected
kulunas at night and arrested them at gunpoint, reportedly without producing an arrest
warrant.
40.
According to the information received, about 350 police officers, including officers
from the Congolese National Police, the National Response Legion and the Mobile
Intervention Group, participated in the operation. They allegedly committed widespread
human rights violations, including enforced disappearances. The victims allegedly also
included persons under the age of 18 and persons accused of being members of local gangs,
often as an act of revenge for a conflict of a private nature.
41.
The sources documented that most of the enforced disappearances took place
between late November 2013 and February 2014. This was reportedly due to a strategy
changed in December 2013, after concerns were raised by the United Nations and local
human rights organizations with regard to summary executions in the previous weeks.
According to the information received, instead of being executed publicly, suspected
7