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Cablegate: Recommendations for Military Justice Assistance To

VZCZCXRO6445
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #1248/01 3061130
ZNR UUUUU ZZH
P 021130Z NOV 07
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 7078
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
RUEKJCS/SECDEF WASHDC

UNCLAS SECTION 01 OF 02 KINSHASA 001248

SIPDIS

SIPDIS

OSD FOR MELLINGTON
STATE FOR G/IWI (OBLUM)

E.O. 12958: N/A
TAGS: PGOV MOPS KDEM KWMN PREL PHUM CG
SUBJECT: RECOMMENDATIONS FOR MILITARY JUSTICE ASSISTANCE TO
THE DRC

REF: KINSHASA 1232

Second in a series.

1. Summary. The Defense Institute for International Legal
Studies (DIILS) has prioritized a set of recommendations for
U.S. assistance to the Congolese military justice sector. It
recommends immediate implementation of training for military
magistrates, to give priority focus to the investigation and
prosecution of sex crimes, an area where many soldiers have
been implicated. Military justice can contribute
significantly to a decrease in violence against women in the
DRC and is a critical area for long-term security in the DRC.
USG involvement can make a positive contribution, although
DIILS' mission and capabilities is limited in scope.
Additional funding and partners should be identified soon and
committed to the program. End summary.

2. DILLS' groundbreaking assessment of the Congolese
military justice sector prioritized a series of short,
medium, and long-term recommendations for U.S. assistance,
from infrastructure to expertise (reftel). The
recommendations are listed in paragraph 5 below.

3. In the short term, the report recommends an initial
program of training seminars for military magistrates, to be
set up immediately. Subsequent discussion between the
Embassy and DIILS have concluded that these seminars should
focus on the prosecution and investigation of sex crimes, an
area in which many government and irregular soldiers have
been implicated. We have also discussed a prospective
calendar for these seminars with MONUC's Rule of Law Unit
(ROLU), which is eager to work closely with the USG in the
sector (septel).

4. The report indicates that the time frames for its
recommendations are notional, and proposes that assistance be
routed through the Embassy for vetting in regard to policy
priorities. It further notes that, due to the nature of
DIILS' mission and capabilities, its potential participation
is limited to training seminars, mobile training teams, CONUS
visits, and DIILS resident courses. DIILS' regional program
director, however, has told us that related material support
(texts, references, limited amounts of hardware, etc.) could
be routed through DIILS' stewardship.

5. In their report, the DIILS team first addressed general
considerations in section A. The remaining points are
summarized below according to the numbering of the actual
report.

Begin summary of recommendations:

B. Immediate Impact (six months)

1. Manual typewriters and office supplies
2. Combined mobile training seminar: sex crimes
investigations (one week seminars in all 11 provinces)
3. Combined mobile training: military justice workshop

C. Near-Term Impact (six months to one year)

1. Military prison equipment (non-lethal equipment for
guards, upgrades, etc.)
2. Combined mobile training seminar: DRC military trial
procedures and penal code (one week seminars in all 11
provinces)
3. CONUS Visit: U.S. military justice visit (for selected
groups of military justice practitioners)
4. Rehabilitate existing investigators/prosecutors' offices
and military trial courts
5. Transportation: SUVs for investigators/prosecutors'
offices

D. Mid-Term Impact (One year to 18 months)

1. Build new investigators/prosecutors' offices and military
trial courts
2. Rebuild Ndolo Military Prison (Note: The Government of
the Netherlands has already committed approximately $1.5
million to this priority. End note.)
3. Combined mobile training seminar: brigade and regional

KINSHASA 00001248 002 OF 002


commanders
4. CONUS Visit: Military investigator training schools
5. Provide office equipment to existing
investigators/prosecutors' offices and military trial courts

E. Longer-Term Impact (18 months to two years)

1. Rebuild Angenga Prison (Equateur Province)
2. Provide computers to military prosecutors' offices and
military court offices
3. Combined mobile training seminar: investigator training
4. CONUS military justice courses

End summary of recommendations.

6. Decreasing the incidence of sexual violence against women
is one of the highest priorities of the U.S. Mission in
Kinshasa. The DRC is widely believed to be among the worst
(if not the worst) countries in the world for gender-based
violence (per Amnesty International, Human Rights Watch, and
other NGO's) and the Mission has created a task force, with
USAID, CDC, DOD, and DOS participation, to coordinate its
efforts. Mission, therefore, strongly supports immediate
deployment of the first series of seminars, and urges
financial support of the seminars throughout the medium term.
As soldiers are among the worst perpetrators of violence
against women, a functioning military justice system is
critical for any meaningful decrease in the incidence of this
phenomenon. We would also note that the GDRC has expressed a
desire for greater U.S. engagement in this area, a sign that
it too acknowledges the problem and wants help to deal with
it. Reforms to the military justice system will produce
other beneficial effects: it will not only improve the armed
forces' overall performance, but also directly address the
long-running problem of military impunity.

7. Comment, continued. The report's findings are
comprehensive, but specific USG engagement should not be
limited by what DIILS itself can provide -- training forms
just one facet of potential engagement. Months of Embassy
consultations with Congolese and international experts have
identified numerous additional opportunities which could be
pursued through other partners, including: providing
judicial advisors for short periods to specific courts;
creating regional legal resource centers (with texts,
resources, and materials accessible to both military and
civilian justice practitioners); or assisting with the
development of a permanent training center in the Congo for
personnel at any level in the system. Infrastructure support
and provision of routine training for other elements of the
military justice network, including judicial investigators
and other courtroom personnel, with or without DIILS' direct
participation, is feasible and urgent. Additional funding
and partners should be identified quickly and committed to
the program. End comment.
BROCK

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