INDEPENDENT NEWS

Cablegate: Military Justice Assistance Program: Diils

Published: Thu 20 Dec 2007 01:20 PM
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PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #1392/01 3541320
ZNR UUUUU ZZH
P 201320Z DEC 07
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 7275
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY
RUEKJCS/SECDEF WASHDC
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
UNCLAS SECTION 01 OF 02 KINSHASA 001392
SIPDIS
SIPDIS
AF/RSA FOR LANIER
DEFENSE FOR OSD/MELLINGTON
E.O. 12958: N/A
TAGS: PGOV PHUM MASS KPKO CG
SUBJECT: MILITARY JUSTICE ASSISTANCE PROGRAM: DIILS
SEMINARS TO BEGIN IN JANUARY 2008
REF: A. A. KINSHASA 1248
B. B. KINSHASA 1232
Third in a series.
1. Summary: Following up on its assessment of the Congolese
military justice sector (reftels), the Defense Institute of
International Legal Studies (DIILS) has completed
preparations for a DRC-wide training program focusing on
military magistrates and judicial police. In what
hopefully evolves into a long-term program, DIILS trainers
will initially present training seminars on "Investigation
and Prosecution of Sex Crimes." The level of involvement
in assisting the DRC's military justice sector is a first
for DIILS, both in the depth of its pre-training assessment
(ref A) and in its cooperative interaction with UN Mission
in the Congo (MONUC) counterparts. The final program for
this first topic includes ten one-week seminars designed to
reach over 500 participants throughout all regions of the
DRC. End summary.
2. A DIILS advance was in Kinshasa from November 30 -
December 13 preparing for the first round of training
proposed
in its August military justice assessment (ref B). The
full team will return in January 2008 to implement the
first four of ten seminars addressing "Investigation and
Prosecution of Sex Crimes." The first set of seminars will
train over 500 magistrates and judicial police currently
responsible for investigating and prosecuting sexual and
gender-based assaults committed by soldiers, police and
militia members.
3. Based on its August 2007 assessment visit and proposals
(reftels), and recognizing the need to follow a more
interactive model, DIILS designed a unique cooperative
approach for the DRC program. The training team is closely
integrated with the MONUC Rule of Law Unit (ROLU), has
incorporated the assistance of Canadian Judge Advocate-
General, Colonel Dominic McAlea, and is drawing upon
active-duty Congolese magistrates to serve as adjunct
faculty. MONUC's ROLU has provided indispensible
logistical support, ranging from office space for DIILS
experts and air travel/ground transportation for military
justice personnel in the interior, to local expertise and
technical assistance in nine of the DRC's provincial
capitals. Col. McAlea, currently detailed to MONUC's ROLU,
has contributed his own experience in international
military law and his unique contacts and perspective gained
in previous DRC training. The participation of Congolese
military magistrates as trainers ensures that the seminars
will be about actual practice and legal procedure in the
DRC as well as the presentation of international ideals.
4. Although DIILS originally proposed a series of 12
seminars, the current plan is for the training teams to set
up a total of ten identical seminars in nine cities.
Drawing upon MONUC's practical experience, the training
seminars will combine several of the smaller regions. The
DIILS program will offer two separate sessions in Kinshasa,
one in Kisangani, and one in Matadi in January/February
2008. The program will then offer six additional sessions
in May/June 2008, in Mbuji-Mayi, Kananga, Bandundu,
Mbandaka, Lubumbashi, and Goma/Bukavu. DIILS also plans to
provide basic investigation forensic "kits" to all judicial
police investigators, and other material support to
military magistrates.
5. Response from all levels of the GDRC has been extremely
positive. Defense Minister Chikez Diemu has been
enthusiastic in his support of the training, and the
leadership at both the High Military Court and Military
Prosecutor's Office have responded positively. MONUC
contacts at all levels -- from SRSG William Swing through
the Director and subject matter professionals of the ROLU
-- have spared no effort to contribute to the success of
the training program.
6. Comment: Embassy heartily endorses this program. Long
anticipated by our Congolese interlocutors, it is tailored
specifically to the DRC's needs and to providing judicial
practitioners the tools they need -- literally -- to
KINSHASA 00001392 002 OF 002
address impunity. Ideally, it will represent just the tip
of the iceberg, and should be merely the first step in
continuing USG involvement in the reform of the DRC's
military justice sector. It not only offers an opportunity
for the USG to participate an area where the DRC clearly
needs help (ending military impunity for crimes of sexual
violence), but also opens the door for future cooperation
in a sector critical to successful security sector reform.
Embassy strongly recommends follow-up with additional
interactive training programs and other efforts detailed in
septel. End comment.
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