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Rape as torturein the DRC:Sexual violence beyondthe conflict zoneFreedom from TortureCountry Reporting Programme June 2014

Freedom from TortureFreedom from Torture (formerly known as the Medical Foundation for theCare of Victims of Torture) is a UK-based human rights organisation thatexists to enable survivors of torture and organised violence to engage in ahealing process to assert their own human dignity and worth and to raisepublic and professional awareness about torture and its consequences.As one of the world’s largest torture treatment centres we providerehabilitation services to survivors including psychological therapy andphysiotherapy; and our specialist doctors prepare forensic medico-legalreports (MLRs) that are used in connection with torture survivors’ claimsfor international protection and in our country reports as a collectedevidence base to hold torturing states to account.Since our foundation in 1985, more than 50,000 survivors of tortureand organised violence have been referred to us. In 2013 Freedom fromTorture provided treatment for 1,015 clients from 53 different countries.Every year our Medico Legal Report Service (still known as the MedicalFoundation Medico Legal Report Service) prepares between 300 and 600medico-legal reports for use in UK asylum proceedings.Survivors Speak OUT! networkSurvivor Speak OUT! (SSO) is the UK’s only torture survivor-led activistnetwork and is actively engaged in speaking out against torture andabout its impacts. Set up by survivors of torture, for survivors of torture,SSO uses first-hand experience to speak with authority for the rights oftorture survivors. The network is supported and facilitated by Freedomfrom Torture and all network members are former Freedom from Tortureclients.

Rape as torturein the DRC:Sexual violence beyondthe conflict zoneCountry Reporting ProgrammeJune 2014

AcknowledgementsThis report was researched and written by Jo Pettitt.Research assistance was provided by Jenny Cotton.The report was reviewed by the following staff atFreedom from Torture: Dr Juliet Cohen, Dr. ElizabethZachariah, Dr Maggie Eisner, Dr Joanne Miller, JudeBoyles, Emily Rowe, Bitenge Makuka, Rhian Beynon,Katy Pownall and Jean-Benoit Louveaux. The reportwas also reviewed by Congolese women who are survivorsof torture and former clients of Freedom fromTorture, and by members of the Survivors Speak OUT!network.External reviewers were: Théo Boutruche and GiuliaTranchina.Policy consultation was provided by Théo Boutruche.Consultation on the country context was provided byBitenge Makuka.The report was designed by Freedom from Torture’sWebmaster, Philip Cartland and edited by Sara Scott.Freedom from Torture would like to thank all thesecontributors for supporting the project and for lendingtheir considerable expertise to this work.The Country Reporting Programme work relies on,above all, the participation and support of our clients;survivors of torture who are willing to share their medico-legalreports with us for the purpose of research,in order to further Freedom from Torture’s efforts tohold torturing states to account and to prevent torturein the future.We would like to acknowledge the contribution of ourCongolese clients to this project and to thank them.We would especially like to acknowledge the Congolesewomen who are former clients who participatedin the project working group and guided the developmentof the recommendations.We would also like to acknowledge and thank SurvivorsSpeak OUT! network members for their collaborationwith Freedom from Torture in this project from theoutset. Together we have worked on developing meaningfulsurvivor participation in our Country ReportingProgramme, including participation in the projectworking group, which has guided the research, in thedevelopment of recommendations and in advocacyand communications work related to the project.The Country Reporting Programme also relies onthe hard work of colleagues from across Freedomfrom Torture’s centres and in all departments of theorganisation. We would like to acknowledge the contributionof all those at Freedom from Torture whohave in one way or another supported this projectand to thank them.In particular we thank the staff of the Medico-LegalReport Service, including the doctors who preparethe medico-legal reports, the interpreters and thelegal and administrative staff who make this workpossible. We thank the staff in our Clinical Recordsteam, whose patience with our endless requests ishighly appreciated.We also thank those staff who participated in ourproject working group and who have guided thework of the project throughout. This includes stafffrom Freedom from Torture’s Clinical Departmentand staff from the Policy and Advocacy and Communicationsand Survivor Activism teams, who will beresponsible for taking the project forward.Research at Freedom from Torture is greatly supportedby the work of our highly talented researchinterns. We would like to thank Jenny Cotton for herdedicated and meticulous work on this project.Finally we thank Freshfields Bruckhaus Deringer(www.freshfields.com) for funding the printing of thisreport.This project is funded by the European Union.This publication has been produced with the assistanceof the European Union. The contents of thispublication are the sole responsibility of Freedomfrom Torture and can in no way be taken to reflectthe views of the European Union.3

The vast majority of the women in the study were arrested and detainedin non-conflict contexts. The majority (26) were resident inKinshasa when they were detained, while three were resident in Bas-Congo and five in the eastern provinces of North and South Kivu andOrientale. Of the 60 detention episodes reported here, 49 took place inKinshasa, five in Bas-Congo and six in the eastern provinces.

GlossaryAcronyms and abbreviationsAcronyms and abbreviations pertaining to the Democratic Republic of Congo follow the French word order; forthe sake of brevity and clarity, in most cases the full names are translated directly into English.ANR – National Intelligence AgencyAPARECO – Alliance of Patriots for the Refoundation ofthe CongoCEDAW - Committee on the Elimination of Discriminationagainst WomenCNDP – National Congress for the Defence of the PeopleCPRK - Malaka central prisonBDK – Bundu Dia KongoDGM – Directorate General of MigrationDRC – Democratic Republic of the CongoDRGS - Special Services police (Direction des RenseignementsGénéraux et Services Spéciaux de la police)Ex-DEMIAP - Military Intelligence HeadquartersFARDC - Armed Forces of the DRCFCO – Foreign and Commonwealth OfficeGLM - Groupe Litho Moboti detention centreGR – Republican GuardIPK - Inspectorate Provincial de KinshasaMLC – Movement for the Liberation of CongoMLR – medico-legal reportOHCHR – Office of the High Commissioner for HumanRightsOPCAT - Optional Protocol to the Convention againstTorturePNC - Congolese National PolicePolice HQ - Quartier Général de la Police NationaleCongolaisePSVI – Preventing Sexual Violence InitiativePTSD – post-traumatic stress disorderSPT - Subcommittee on Prevention of TortureSSO – Survivors Speak OUT! networkUDPS – Union for Democracy and Social ProgressUN – United NationsUPR – Universal Periodic ReviewICTY - International Criminal Tribunal for the formerYugoslavia6

Table of contentsSummary 11Introduction 19Freedom from Torture’s Country Reporting Programme 19Research methodology 20Freedom from Torture medico-legal reports 21Documentation process 21Level of detail – data available for research 22Description of methods of torture 23Rape, sexual violence and torture in the DRC 23Report structure 251. Survivor profile 271.1. Political profile 271.2. Association with armed groups 281.3. Ethnicity and religion 291.4. Place of origin and history of relocation 301.5. Gender, age, sexuality and relationship status 311.6. Education and occupational history 321.7. Travel abroad 322. Detention context 352.1. Repeated detention 352.2. Year of detention 352.3. Reason for detention 352.4. Place of arrest 372.4.1. Arrest at airports in Kinshasa 372.4.2. Arrests from all other locations 382.5. Detaining authority 382.6. Place of detention 382.7. Violation of due process during detention 412.7.1. Ill treatment en route to detention 412.7.2. Lack of formal charge, access to legal representation, trial in court 412.7.3. Interrogation and forced ‘confession’ 422.8. Detention conditions 422.9. Duration of detention 442.10.Escape or release from detention 452.10.1. Release from detention 452.10.2. Escape from detention 452.11.Flight from the DRC 467

3. Evidence of Torture 493.1. Methods of physical torture 493.1.1. Rape and other forms of sexual torture 493.1.2. Beating and other assault (‘blunt force trauma’) 523.1.3. Burning 533.1.4. Forced or stress positioning 543.1.5. Stabbing, cutting and electric shocks 543.1.6. Asphyxiation/ suffocation 543.2. Methods of psychological and environmental torture 543.2.1. Humiliation 553.2.2. Threats – of death, torture, prolongued detention and harm to others 553.2.3. Being forced to witness torture or violence against others 553.2.4. Solitary confinement and manipulation of light and heat conditions 553.2.5. Use of water 563.3. Torture episodes 563.3.1. Place of torture 563.3.2. Identity of perpetrator/s of torture 563.3.3. Frequency and duration of torture episodes 564. Impact of torture 574.1. Physical impact of torture 574.1.1. Forensic evidence, scars and other lesions 574.1.2. Forensic evidence arising from particular torture methods 594.1.3. Evidence of rape 604.1.4. Chronic pain and genito-urinary symptoms attributed to rape 604.1.5. Other injuries inflicted during rape 624.1.6. Loss of consciousness 624.1.7. Pain symptoms 634.1.8. Acute injury/symptoms 634.1.9. Referral and treatment for chronic and acute physical symptoms 644.2. Psychological impact of rape and other forms of torture 644.2.1. ‘Early adjustment and long term consequences of “persecutory” rape’ 644.2.2. Psychological impact of rape 674.2.3. Psychological evidence of torture: symptoms of PTSD and depression 694.2.4. Lack of access to treatment for mental health conditions 705. Conclusions: congruence of clinical evidence and attribution of torture 716. Recommendations 736.1. Introduction 736.2. Recommendations for the DRC 746.3. Recommendations for the international community 776.4. Recommendations for the UK government 77Appendix 79

Table of figuresFigure 1: Place of origin and place of detention 30Figure 2: Number of detention episodes by year, indicating 1st - 5th episode for each detention 34Figure 3: Organisational association and year of detention, 44 episodes, 23 women 36Figure 4: Detaining authority (where known), 42 episodes 39Figure 5: Place of detention, Kinshasa, with reason for detention and year 39Figure 6: Place of detention, Bas Congo and eastern DRC, with reason for detention and year 40Figure 7: Incidence of specific methods of ‘physical torture’, 34 women 48Figure 8: Incidence of sexual torture, 33 women (at least one episode) 48Figure 9: Incidence of rape, 33 women who reported sexual torture 50Figure 10: Incidence of ‘blunt force trauma’, 34 women 52Figure 11: Forensic evidence of torture (lesions), 33 women 57Figure 12: Physical evidence of torture (lesions) attributed to particular torture methods, 33 women 58Figure 13: Percentage of lesions attributed to particular forms of torture, with IP consistency 59Figure 14: Symptoms of PTSD, 34 women 68Figure 15: Symptoms of depression, 34 women 699

SummaryThis report is about the torture of women by statesecurity forces in the Democratic Republic of theCongo (DRC). It is based on a study of 34 forensicreports prepared for individual torture survivors bythe Medical Foundation Medico-Legal Report Serviceat Freedom from Torture. The recommendationsthat follow have been informed by the viewsof Congolese women who are survivors of tortureand former clients of Freedom from Torture.The report provides evidence of the torture ofwomen by state security forces in the DRC, mainlyin non-conflict contexts. It indicates the extensiveuse of rape and other forms of sexual tortureagainst women detained mostly for politicalreasons, and the use of a variety of other torturemethods including beating, burning and psychologicaland environmental forms of torture. Ithighlights the lack of access to justice, includingdue process, and appropriate services for womenvictims of torture in the DRC; as well as the impunityof suspected perpetrators.Freedom from TortureFreedom from Torture (formerly the MedicalFoundation for the Care of Victims of Torture) is aUK-based human rights organisation and one of theworld’s largest torture treatment centres. Specialistclinicians in Freedom from Torture’s Medico-Legal Report Service use forensic methods todocument physical and psychological evidence oftorture according to standards set out in the UnitedNations Manual on the Effective Investigationand Documentation of Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment,known as the ‘Istanbul Protocol’. Our medico-legalreports (MLRs) are commissioned by solicitors andused in connection with survivors’ claims for internationalprotection in the UK.ed services, including clinical treatment and MLRs, to111 survivors of torture from the DRC. In the last fouryears (January 2010 - December 2013) our specialistclinicians have prepared MLRs for 94 people from theDRC, more than half of whom were women.Country Reporting ProgrammeThrough our Country Reporting Programme we submitevidence drawn from MLRs, to United Nations (UN)human rights accountability processes and to wideraudiences, in order to contribute to international effortsto prevent torture and hold perpetrator states toaccount.This report, the third in Freedom from Torture’s CountryReporting Programme series, provides a detaileddescription of data previously submitted in summaryform to the UN Committee on the Elimination of Discriminationagainst Women (CEDAW) for its examinationof the DRC in July 2013, and to the UN Office ofthe High Commissioner for Human Rights (OHCHR) forthe Universal Periodic Review of the DRC on 29 April2014.Research methodologyResearch for this report involved a systematic reviewof 34 medico-legal reports produced by Freedom fromTorture for women who were tortured in the DRC from2006 onwards and who gave consent on the basis ofanonymity 1 .Data extracted and analysed from the MLRs includeddetails of the case profile, history of detention,specific torture disclosures and the forensic documentationof the physical and psychological consequencesof torture, based on a comprehensive clinicalexamination and assessment process undertaken byour doctors. The data collected was anonymised andaggregated before being analysed and reported.Since our foundation in 1985, nearly 3,500 peoplefrom the DRC have been referred to our centresfor rehabilitation treatment or forensic documentationof their torture injuries. In 2013 we provid-The research process was guided by an inter-disciplinaryproject working group. In line with Freedom1 Since the research was conducted the Medico-Legal ReportService has prepared a further 19 MLRs for people from the DRC, ofwhich 12 were for women.11

Rape as torture in the DRC: Sexual violence beyond the conflict zonefrom Torture’s commitment to developing survivorparticipation, members of the Survivors Speak OUT!network (SSO) have participated at every stageof the DRC project including as members of theproject working group. The project working groupalso included Congolese women who are survivorsof torture and former clients of Freedom fromTorture, who also took a key role in informing therecommendations.Rape, sexual violence and torture inthe DRCThe cases of torture, including rape and otherforms of sexual torture described in this research,cannot be seen in isolation from a broader patternof widespread torture that is associated with otherhuman rights violations committed by DRC securityforces and documented by the UN and human rightsgroups. 2 Despite the enactment of the Law explicitlycriminalising torture by the President on 20July 2011, the practice of torture remains endemicin the DRC. This is partly due to the pervasivesituation of impunity for members of the securityservices who commit human rights violations, combinedwith the structural weaknesses of the justicesystem.Rape and other forms of sexual violence are rampantin the DRC. Although research and reports inthis area have generally focused on acts committedby soldiers of the Congolese army and members ofarmed groups in the context of the conflict, rapecommitted by civilians has become a problem in itsown right, not helped by the widespread impunityfor such crimes. 3 The adoption of legislative andpolicy instruments by the DRC authorities to addresssexual violence has contributed to strengtheningthe institutional and legal frameworks in the2 For example Report of the United Nations High Commissionerfor Human Rights on the human rights situation and theactivities of her Office in the Democratic Republic of the Congo,2013, A/HRC/24/33, para. 15. See also Human Rights Watch2013 Annual Report and Amnesty International Annual Report2013 - Democratic Republic of The Congo.3 See for example, UN Joint Human Rights Office (UNJHRO -Human Rights Division of MONUSCO and OHCHR- DRC), Progressand Obstacles in the Fight Against Impunity for Sexual Violence inthe Democratic Republic of the Congo, April 2014.Also Oxfam, Now The World Is Without Me: An investigation ofsexual violence in Eastern Democratic Republic of Congo, April2010.DRC. However, numerous obstacles, including lackof resources and corruption, have severely limitedthe impact of these measures.While this report highlights the close link betweensexual violence and torture in detention facilities,they are still considered separately from each otherin the DRC. Rape and other serious forms of sexualviolence are very rarely charged as acts of tortureand institutional and policy frameworks do not fullyconsider this link. This runs counter to the increasingrecognition that rape can amount to tortureunder international law (see, for example thejudgement of the International Criminal Tribunal forthe former Yugoslavia (ICTY) in the Celebici Case 4 ).Rape has been classified as a war crime and a crimeagainst humanity in international jurisprudence.When perpetrated by state officials it can also beclassified as an act of torture in itself whetherperpetrated within or without formal detentionfacilities. 5The identification of rape as torture has fundamentallegal consequences. As stressed by the UNSpecial Rapporteur on torture, ‘classifying an act as“torture” carries a considerable additional stigmafor the State and reinforces legal implications,which include the strong obligation to criminaliseacts of torture, to bring perpetrators to justice andto provide reparation to victims’ 6 . Making this linkcalls for a more integrated legal, policy and institutionalapproach to ensure efforts against tortureand sexual violence are considered together and aremutually reinforcing.4 See for example, ICTY, Celebici Case (Trial Judgement) (1998)16 November 1998, paras. 495 and 496.5 For an overview of the jurisprudence development, seeREDRESS, Redress for Rape: Using international jurisprudence onrape as a form of torture or other ill-treatment, October 2013,pp. 20 and the following pages.6 UN General Assembly (2008), ‘Report of the Special Rapporteuron Torture and Other Cruel, Inhuman or Degrading Treatmentor Punishment, Manfred Nowak’, A/HRC/7/3, 15 January2008, para. 26.12

SummaryResearch findings:Survivor profileThe survivors whose torture is described in thisreport are all women from the DRC who weredetained and tortured after 2006. The majorityof these women were targeted for detention as aresult of their political profile, or that of a memberof their family, as members or supporters of alegitimate political or civil society organisation. Asmaller number of women were targeted due to anassociation with armed groups or with the BunduDia Kongo (BDK) political-religious movement.Twenty-three of the 34 women were detainedbecause of their political profile or that of a familymember. The majority of these were associatedwith the Movement for the Liberation of Congo(MLC). Other named organisations included theUnion for Democracy and Social Progress (UDPS)and Alliance of Patriots for the Refoundation of theCongo (APARECO). Three women supported civil societyorganisations concerned with women’s rights.Activities that led to the arrest of those detainedbecause of a political profile included taking part incampaigning, recruiting new members, storing anddistributing publicity materials such as t-shirts andbanners, attending meetings and demonstrationsand undertaking administrative tasks.Five women reported being detained because they,or a member of their family, were associated withan armed group, including the National Congressfor the Defence of the People (CNDP). This includedthe perception that a family member had joinedan armed group, and in one case, was selling goodsto members of an armed group. Three of the fourwomen who were members of the Bundu Dia Kongo(BDK) political-religious movement were detainedbecause of this association.A range of ethnicities was recorded among the 34women but the extent to which ethnicity was initself significant in the targeting of these women fordetention is not clear. Only one woman directly attributedher detention to this factor. More than halfthe women were born in Kinshasa; others were bornin provinces across the DRC, including Bas Congoand the conflict afflicted eastern provinces of theKivus and Orientale. Many women moved from theirplace of origin and the majority were ultimately detainedin Kinshasa, with a smaller number detainedin Bas Congo and the eastern provinces. The extentto which their place of origin contributed to theiridentification as having a political profile and to beingtargeted for detention is not known.Travel abroad seems to have been a factor, whichlead to detention in a number of cases. Sevenwomen had travelled abroad and on their returnto the DRC five were detained either immediatelyon arrival at the airport or shortly afterwards. Thethree women who were arrested at the airport hadbeen previously detained and had sought protectionabroad before being forcibly removed to the DRC.The two who were detained shortly after returningto the DRC, had travelled for employment andleisure. One had no record of previous detention orpolitical activity, though her husband had a politicalprofile, and the other had joined a political organisationwhen a student and had met with membersof this organisation when abroad. Both were interrogatedabout activities abroad as well as theirpolitical associations.The remaining two women who had travelledabroad and returned to the DRC, were detainedsome time after their return and any link withtravel abroad is not known.Detention contextAll 34 women were detained (on all occasions) bystate forces – including from the military, policeor intelligence services. None of the women reportedbeing detained by non-state forces or armedgroups.The majority of the 34 women were arrested anddetained in non-conflict contexts. Three-quarters(26) were resident in Kinshasa when they were detained(for all episodes 7 ), while three were resident7 ‘Episodes’ here and elsewhere in the report refers to separateepisodes of detention. Twelve of the 34 women were detained13

Rape as torture in the DRC: Sexual violence beyond the conflict zonein Bas-Congo and five in eastern Congo. Just overhalf of the arrests were from public locations, includingeight at Kinshasa’s airports, while all otherwomen were arrested from their home or anotherprivate address. Many suffered multiple detentions– among the 34 women there was a total of 60detention episodes.The majority of women were detained and torturedin known or, in 12 episodes, unofficial state securityfacilities. Of the 60 detention episodes, 54 tookplace in a state facility. Six detention episodes tookplace in the person’s home or other private residence.Violation of due process rightsAccording to the information available to Freedomfrom Torture, all the women were detainedby state authorities without due process accordingto international human rights standards. All weredetained arbitrarily; they were tortured on eachoccasion they were detained and the vast majoritywere held incommunicado.Ill-treatment during arrest and en route to detentionwas reported by women in more than a third ofthe detention episodes. They described being beatenor assaulted, including being hit with rifle butts,rubber truncheons and belts; being restrained facedown in the back of a truck, kicked or stamped onby soldiers wearing army boots and being slappedor punched.None of the women had access to a legal or judicialprocess, nor did they have access to legal adviceor representation at any point during the detentionprocess. Only two women described any formof ‘charge’, ‘conviction’ or ‘sentencing’, thoughthese did not conform to international norms of dueprocess in either case.Most women were detained for three months orless, with the largest number of detention episodes(21) being less than one week in duration. Fivemore than once, some on multiple occasions. Overall, data wascollected for 60 episodes of detention.women were detained for seven months or more,while one woman was detained for 20 months.Twenty-six of the 60 detention episodes endedwith the woman being released in various circumstances,without any legal or judicial process. Inten instances women reported having been releasedwith extra-legal (informal) conditions, namelyceasing supporting opposition parties or taking partin demonstrations, campaigning or other forms ofactivism.Those women who were not released reportedescaping from detention and most of these wereassisted in some way. Only four women reportedescaping without help. Many women said that theyhad been enabled to escape by someone in thedetention facility. Others said that an escape wasarranged after a bribe was paid by a family memberor associate.Detention conditionsExtremely poor detention conditions were describedby those 30 women held in state detention facilitiesboth in formal (named) and unofficial facilitiesadministered by the police, intelligence and/or military. Women described being held alone, orwith many others in cells that were insufficient insize, often without adequate food and water. Cellswere lacking in all appropriate facilities, conditionswere foul and unhygienic with little or no access tolight or fresh air. Most women received no medicaltreatment while in detention, despite the injuriesthey sustained during torture and the ill health theysuffered as a result of their detention conditions.Evidence of tortureThe torture documented in the 34 MLRs on whichthis report is based included:• Rape, in all but one case• Other forms of sexual torture includingviolent assault to the breasts and genitals,sexual molestation, forced removal ofclothing, verbal abuse and/or threats ofsexual violence in many cases• Beating, assault and other forms of blunt14

Summarydiagnostic threshold according to the ICD-10 Clasforcetrauma in all cases• Burning including with cigarettes and/orheated implements in more than half thecases• Forced and stress positioning in more thana third of cases• Cutting or stabbing with sharp implementsalso in more than a third of cases.Women were raped irrespective of the detentionfacility, its location, the context of their detentionor the detaining authority. Many reported more thanone form of sexual torture, multiple perpetratorsand multiple incidents throughout the time theywere detained. Of those detained more than once,the majority suffered sexual torture including rapeeach time. Many women reported severe violenceduring rape, including being forcibly restrained,beaten or stabbed if they resisted. Over half of thewomen experienced gang rape, involving from threeto ten men at a time.All 34 women were subjected to blunt force trauma;they described being beaten with a variety ofinstruments, being kicked, stamped on, punchedand slapped during all detention episodes. Womenalso described being trampled with metal-cappedboots and being thrown to the floor or against thewall or other hard surfaces. For some women thistreatment started at the point of arrest and continueden route to detention and throughout theirperiod of incarceration.Women were also subjected to the widespread useof humiliation and threats, the trauma of witnessingthe abuse of others and to prolonged solitaryconfinement including being confined in the dark.Physical impact of tortureAll but one woman had forensic evidence of torturedocumented in their MLRs in the form of lesions(injuries and wounds including scars). Most commonwere lesions caused by ‘blunt force trauma’because beating with implements was a highlyprevalent form of torture. Although fewer womenwere subjected to burning the number of recordedlesions was high as almost all those burned hadresultant lesions.Women reported chronic pain and genito-urinarysymptom patterns that, while not exclusive torape, are frequently associated with it. These commencedafter they were raped and persisted longafter their release from detention. Changes in theirmenstrual cycle were commonly described, whilesix women reported sexually transmitted infections.Two women were diagnosed with HIV, in both casesattributed to rape in detention, and two disclosedpregnancy arising from rape. Physical injuries attributedto beatings and other torture that wereconcurrent with rape, included blunt force trauma,burns, and sharp force trauma including knifewounds and human bites.Women also described musculo-skeletal pain dueto beatings and other torture, including back pain,pain in their arms and legs and joint pain. Fourteenwomen described persistent ongoing headaches ormigraines that had commenced after their detentions.Psychological impact of torture,including rapePsychological responses described by women, andattributed to rape and sexual torture, included persistentnightmares and flashbacks as well as intenseand profound feelings of shame and guilt, of dirtiness,of their body no longer being the same, of lowself-esteem or of worthlessness. Women describeda persistent fear of men, an inability to trust themand sexual dysfunction, including the loss of theidea of sex as enjoyable. They also described a fearof rejection by society, and by those close to them,should they disclose their history of rape.All 34 women in this study presented with symptomsof post-traumatic stress disorder (PTSD)related to their history of torture in detention. Ofthese, over half (19) had symptoms reaching the15

Rape as torture in the DRC: Sexual violence beyond the conflict zonesification of Mental and Behavioural Disorders. 8 Inaddition, ongoing symptoms of depression directlyrelated to the history of detention and torture werereported by almost all the women (31), of whomover half (19) had symptoms reaching the diagnosticthreshold for depression.Twenty women reported thinking about self-harmor suicide, persistently in some cases, while twowomen had self-harmed or attempted suicide.Lack of access to treatmentOnly thirteen women reported receiving treatmentin the DRC for physical injuries or symptoms associatedwith torture in detention. Only four of thesereceived treatment for physical injuries or symptomsdue to rape. Some who did not seek medicalattention attributed this to the shame surroundingrape and fear of being discovered by the authorities.Whilst in the DRC none of the 34 womenreceived treatment for psychological symptomsdue to rape and only one received treatment fortorture-related psychological symptoms.RecommendationsFreedom from Torture’s evidence demonstrates thatin the DRC there is extensive use of rape and otherforms of torture against women who are detained –mostly for political reasons – by the state.Freedom from Torture hopes that this research,based on the testimony of these survivors and theindependent findings of our clinicians, will widenthe focus of the UK government, of the internationalcommunity and of the DRC in combatingsexual violence and torture from the conflict zoneto the whole of the DRC. In pursuit of this outcomewe have identified the key recommendations below,informed by Congolese women who are survivors oftorture and former clients of Freedom from Tortureand drafted in consultation with the SurvivorsSpeak OUT! network:Recommendations for the DRC1. The DRC should comply with its obligationunder Optional Protocol to the Conventionagainst Torture (OPCAT) to establish, ordesignate, a national body for the preventionof torture and ill-treatment to undertakeregular visits to detention facilities.2. The DRC should welcome a monitoring visitas soon as possible by the UN Subcommitteeon Prevention of Torture (SPT).3. The DRC should submit without furtherdelay its next periodic report to the UNCommittee Against Torture.4. The DRC should issue a standing invitationto all thematic special procedures of theUN Human Rights Council and welcome visitsas quickly as possible by the UN SpecialRapporteur on Torture and the UN WorkingGroup on Arbitrary Detention.5. The DRC should take concrete measures toensure that the 2006 decision to close allunofficial detention facilities is implementedand that persons suspected of operatingthose facilities are investigated and prosecuted.6. The DRC should fully implement the 2009National Strategy to combat gender-basedviolence and its related action plan. Thisshould include providing the mechanismthat the Government claimed to haveestablished as part of its national strategywith adequate resources to deliver holisticcare to victims.7. The DRC should implement the 2006 Lawagainst sexual violence and the relatedpolicies to ensure that these consider rapeand sexual violence as torture and thatthey are linked to the implementation ofthe law criminalising torture.8. The Ministry of Justice and Human Rights,and other relevant Ministries, such as theMinistry of Gender, Family Affairs and Children,should consider the two sets of lawsand policies on sexual violence and torture,in conjunction with each other.8 World Health Organisation, The ICD-10 Classification of Mentaland Behavioural Disorders (Geneva 1994).16

Summary9. The DRC should ensure that its legal systemenables survivors of torture to obtain redress,including compensation and rehabilitation,as required by the UN ConventionAgainst Torture. Specialist legal andhealth services, including legal aid, mustbe developed and strengthened throughoutthe country to support women who havesurvived sexual forms of torture.Recommendations for the internationalcommunity1. Member states of the UN and, in particular,members states of the African Union andthe UK and other donor countries involvedin initiatives supporting the reform of thejustice system and the security sector,should increase pressure on the DRC toprioritise torture prevention.2. The international community should ensurethat UN and other international initiativesaimed at tackling violence againstwomen in the DRC are not restricted tothe ‘conflict zone’ in eastern DRC and alsoencompass violence against women bystate actors in Kinshasa and other partsof the country, especially where such actsamount to torture in detention facilities.These initiatives should expressly recogniseand integrate the fact that sexual violencein the DRC amounts to torture in certaincircumstances.cluding through the PSVI June 2014 Summitin London, which relevant DRC Ministerswill attend, and should find opportunitiesfor survivors to participate in this dialogue.3. The FCO should ensure that its next HumanRights and Democracy Report includesreference to forensic and other evidence oftorture, including sexual forms of torture,committed by state actors both within andoutside the conflict zone.4. The Home Office should update its asylumpolicy on the DRC as a matter of urgencyto include a specific section on women thatconsiders claims based on sexual or genderbased violence.5. The Home Office should take note of theevidence contained in this report and updateits Country of Origin Information andits asylum policy and practice to recognisethe risk of torture for women on return tothe DRC.Recommendations for the UKgovernment1. The Foreign and Commonwealth Office(FCO) should ensure that the PreventingSexual Violence Initiative (PSVI) acknowledgesthe role of the conflict in normalisingsexual violence and sexual forms of tortureagainst women outside the ‘conflict zone’in the DRC and ensure that the PSVI programmeis not restricted to eastern DRC.The FCO should commit to integrating theprevention of sexual violence into its workto ensure its longevity. In particular, thestrengthening of international assistanceand support to survivors, which is one ofthe PSVI’s key objectives, should extend tovictims of rape as a form of torture.2. The Foreign Secretary should maintain adirect dialogue with DRC ministers abouttorture of women and sexual violence, in-17

IntroductionThis report is about the torture of women by statesecurity forces in the Democratic Republic of theCongo (DRC). It is based on a study of 34 forensicreports prepared for individual torture survivors bythe Medical Foundation Medico-Legal Report Serviceat Freedom from Torture. The recommendationsthat follow have been informed by Congolese womenwho are survivors of torture and former clientsof Freedom from Torture, and drafted in consultationwith the Survivor’s Speak OUT! network.The report provides evidence of the torture ofwomen by state security forces in the DRC, mainlyin non-conflict contexts. It indicates the extensiveuse of rape and other forms of sexual tortureagainst women detained mostly for politicalreasons, and the use of a variety of other torturemethods including beating, burning and psychologicaland environmental forms of torture. It highlightsthe lack of access to justice, including due process,and appropriate services for women victimsof torture in the DRC; as well as the impunity ofsuspected perpetrators. 1Freedom from Torture’s CountryReporting ProgrammeAs part of its holistic approach to rehabilitationFreedom from Torture seeks to protect and promotethe rights of torture survivors by drawing on theevidence of torture that we have recorded overalmost three decades. In particular, we aim to contributeto international efforts to prevent tortureand hold perpetrator states to account through ourCountry Reporting Programme using evidence containedin our medico-legal reports (MLRs).Freedom from Torture has consistently received ahigh number of referrals of men and women fromthe DRC. Since our foundation, nearly 3,500 people1 It should be noted that men are also victims of sexual violenceand rape in the DRC and usually in the context of detention. Seefor example, Peel, M., Men as perpetrators and victims, in Peel,M. (ed), Rape as a Method of Torture, Medical Foundation forthe Care of Victims of Torture, 2004, Chapter 4.Clinicians currently working with torture survivors from the DRCconfirmed that male detainees from the DRC are subjected torape although a systematic study of male cases has not yet beenconducted.from the DRC have been referred to us for clinicalservices. In 2013 we provided services, includingclinical treatment and MLRs, to 111 survivors of torturefrom the DRC. In the last four years (January2010 - December 2013) our specialist clinicians haveprepared MLRs for 94 people from the DRC, morethan half of whom were women. 2This report, the third in the Country Reporting Programmeseries, is focused on the torture of womenin the DRC based on evidence contained in MLRsproduced by Freedom from Torture. 3 The researchwas conducted in 2013 with the initial purposeof making a submission to the UN Committee onthe Elimination of Discrimination against Women(CEDAW) for its examination of the DRC in July2013. We focused on torture in the DRC from 2006onwards in order to reflect the situation since theCommittee last examined the DRC. A further submissionwas made, based on this research evidence,to the UN Office of the High Commissioner forHuman Rights (OHCHR) for the Universal PeriodicReview (UPR) of the DRC at the 19th session of theUPR working group on 29 April 2014. 4This report contains a full description of the researchdata previously summarised in these two UNsubmissions.2 Freedom from Torture’s submission to the OHCHR stated thisfigure as 83 (see footnote 5 - summary section); this was basedon MLRs completed at the date of the submission in September2013. An additional 11 MLRs have been produced in September-December 2013, bringing the total to 94.3 The other countries reported on in the Country ReportingProgramme are Sri Lanka and Iran. Reports and other materialsrelated to these projects may be found on Freedom fromTorture’s website and include: Out of the Silence: New Evidenceof Ongoing Torture in Sri Lanka 2009-2011, November 2011 andWe Will Make You Regret Everything – New evidence of Torturein Iran, March 2013.4 See, Freedom from Torture, Submission to the Committee onthe Elimination of Discrimination against Women for its examinationof the Democratic Republic of the Congo (DRC), July 2013,Torture of women in the DRC 2006-2011, available at:http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/COD/INT_CEDAW_NGO_COD_13430_E.pdf.See also, UN General Assembly, Human Rights Council, WorkingGroup on the Universal Periodic Review, Nineteenth session, 28April–9 May 2014, Summary of stakeholder submissions, DemocraticRepublic of the Congo, A/HRC/WG.6/19/COD/3, 6 February2014; full submission available on request.19

Rape as torture in the DRC: Sexual violence beyond the conflict zoneResearch methodology 5Research for this report was based on a systematicreview of all the medico-legal reports produced byFreedom from Torture for women who were torturedin the DRC from 2006 onwards and who gaveconsent to use their MLRs for our research on thebasis of anonymity. In January 2013, 34 MLRs wereavailable for the research; the latest detentionepisode among this group of women took place inDecember 2011. 6It should be noted that survivors of torture maytake many months to flee from the DRC followingtheir escape or release from detention and assembletheir asylum claim in the UK. It can also takefive or more months for Freedom from Torture tofinalise an MLR, especially where there are multipleinjuries to document or the survivor is particularlyvulnerable. Since the research was conductedFreedom from Torture has prepared a further 19MLRs for people from the DRC, of which 12 were forwomen and we anticipate that evidence of morerecent detention and torture of women in the DRCwill become available as further MLRs are finalisedfor those referred to Freedom from Torture.Data for Freedom from Torture’s research ontorture practice in particular states is sourcedfrom individual medico-legal reports (MLRs) thatare prepared by the organisation’s independentMedico-Legal Report Service (known as the MedicalFoundation Medico-Legal Report Service). MLRsare considered a primary data source since theyprovide first-hand testimony of torture and directevidence related to that testimony in the form ofclinical data. They are detailed, expert reports thatdocument, through a forensic process of clinicalexamination and assessment, an individual’s historyof torture and its physical and psychological consequences.5 See Appendix for further details of the research methodologyfor Freedom from Torture’s Country Reporting Programme.6 Of the 83 MLRs completed for people from the DRC at the timeof the research, 34 cases were available for use once screeningfor i) gender, ii) date of detention (post 2006) and iii) consent touse the MLR for research purposes had taken place.Freedom from Torture’s Country Reporting Programmecomprises the following research phases:i) Country-focused review of the relevantliterature on torture and human rights,monitoring and accountability processeswith respect to torture and tortureprevention and protection considerationsfor survivors of torture in the UK; scopingof available data in the form of Freedomfrom Torture MLRs.ii) Formation of a cross departmentalworking group to support the project,including clinical and non-clinical staff,Survivors Speak OUT! network membersand Congolese women who are survivorsof torture and former clients of Freedomfrom Torture.iii) Preparation of the data (MLRs) and researchdatabase; data collection, comprisinga review of each MLR and systematicrecording of relevant data.iv) Systematic analysis of aggregated, anonymiseddata; review of the findings withthe project working group; drawing upof recommendations to relevant bodies,informed by Congolese women who aresurvivors of torture and former clientsof Freedom from Torture and drafted inconsultation with the Survivors SpeakOUT! network.v) Drafting of a report of the research findings,including a draft review processcomprising clinical, legal and policy, SurvivorsSpeak OUT! network reviews andreviews by Congolese women who aresurvivors of torture and former clients ofFreedom from Torture.vi) Publication and dissemination of theresearch report.In line with Freedom from Torture’s commitment todeveloping survivor participation in all areas of theorganisations’ work members of the Survivors SpeakOUT! network (SSO) have participated at everystage of the DRC project, including in the projectworking group that guided the research and in thedevelopment of recommendations (see Appendix forfurther details of the research process and of thecollaboration with SSO).20

IntroductionFreedom from Torture medico-legalreportsMedico-legal reports (MLRs) prepared by Freedomfrom Torture are detailed forensic reports documentingphysical and psychological consequencesof torture. They are commissioned by legal representativeson behalf of their clients and preparedby specialist doctors according to standards set outin the UN Manual on the Effective Investigation andDocumentation of Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment, knownas the ‘Istanbul Protocol’. 7 Each is subject to adetailed clinical and legal review process. While theprimary purpose of our MLRs is to assist decisionmakersin individual asylum claims – and for thesepurposes our clinicians act strictly as independentexperts – collectively they also represent an invaluablesource of evidence of torture that can be usedto hold perpetrator states to account.Documentation processThe torture documentation process includes takinga history as narrated by the individual and assessingthis history in relation to clinical findings, inaccordance with the Istanbul Protocol and Freedomfrom Torture’s own methodology. 8 Clinical findingsare obtained through a full physical examination,including an assessment of physical symptoms andthe observation and documentation of all lesions(injuries and wounds including scars), a full mentalstate examination and the documentation ofpsychological symptoms and signs of torture. Previousclinical diagnoses and treatment of physical orpsychological ill health arising from torture, whereknown, are also considered as part of the overallclinical assessment. Lesions attributed to torture7 It should be noted that Freedom from Torture will only accepta referral for an MLR, and proceed to full documentation, wherethe person is deemed to fall within the organisational remit as asurvivor of torture or organised violence, and where they meetthe other intake criteria. For further information about Freedomfrom Torture’s remit and referral process please see the websiteat: http://www.freedomfromtorture.org/make-a-referral/5175.8 Istanbul Protocol, Manual on the Effective Investigationand Documentation of Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment, United Nations New York &Geneva, 2004.Freedom from Torture (formerly Medical Foundation for the Careof Victims of Torture), Methodology Employed in the Preparationof Medico-Legal Reports on Behalf of the Medical Foundation,June 2006.are differentiated - by the patient themselves andindependently by the doctor - from those with anon-torture attribution such as accidental injury,self-harm or a medical intervention such as surgery.MLRs prepared by Freedom from Torture doctorsroutinely report on psychological as well as physicalfindings from the clinical examination, withreference to the individual history and the specificdisclosure of torture. Psychological signs and symptomsrelated to the history of torture are documentedand evaluated in light of guidance given in:the Istanbul Protocol; Freedom from Torture’s ownmethodology guidelines; diagnostic tools includingthe World Health Organisation Diagnostic Classificationsfor post-traumatic stress disorder (PTSD) anddepression and psychological research on memoryand recall. 9The psychological examination, conducted as partof the MLR documentation process, comprises thepast and current health history and a full mentalstate examination. This includes presenting symptomsas well as the behaviour and affect of theindividual during clinical examinations from thebeginning of the documentation process to the end– a period of weeks or even months in some cases.These findings are then interpreted with referenceto the doctor’s clinical expertise, experience andtraining in the documentation of torture, relevantdiagnostic tools and clinical literature.The individual’s reported experience of detentionand torture and presentation of ongoing symptomsof PTSD or depression will be considered in light oftheir current behaviour, their present life circumstancesand the views they express of their past andpresent life and of their future.9 World Health Organisation, The ICD-10 Classification of Mentaland Behavioural Disorders (Geneva 1994); Istanbul Protocol,ibid., Chapter vi; Freedom from Torture (formerly Medical Foundationfor the Care of Victims of Torture) Methodology, ibid.For research on memory and recall, see for example Cohen, J.Dr., Errors of Recall and Credibility: Can Omissions and Discrepanciesin Successive Statements Reasonably be Said to UndermineCredibility of Testimony? Medico-Legal Journal, 69 (1):25-34, 2001.See also, Herlihy J et al., Discrepancies in autobiographicalmemories - implications for the assessment of asylum seekers:repeated interviews study, Br Medical Journal 2002;324:324–7.21

Rape as torture in the DRC: Sexual violence beyond the conflict zoneDoctors will consider the possibility of a rehearsedor disingenuous narrative 10 and in reaching theirconclusions will seek to establish the degree of congruencebetween the given narrative, other availableevidence (such as physical evidence of tortureor any external diagnoses or treatment) and thepsychological presentation.The Istanbul Protocol reminds us that while thepresence of evidence provides positive corroborationof an account of torture, its absence or limitedpresence does not prove that torture, or thatparticular method of torture, did not take place. 11Similarly, the ‘strength’ of evidence of torture thatis capable of being documented does not necessarilycorrelate to the ‘severity’ of the torture thatwas perpetrated or to the extent of its impact onthe individual. 12Level of detail – data available forresearchThe level of detail on any particular aspect of theexperience of detention and torture requested bya doctor, or reported by an individual, during theMLR documentation process will vary from personto person. This is due to the nature of torture itselfand the distress experienced when a person isasked to recall traumatic memory....It must be remembered that the very processof human rights documentation may conflict withthe needs of individual survivors. Recounting thedetails of a traumatic experience may trigger anintense reliving of the event and, along with it,feelings of extreme vulnerability, humiliation anddespair. 13Psychological responses such as avoidance anddissociation - that can occur at the time of tortureand/or during recall - and the way that traumatic10 Istanbul Protocol op cit., paragraph 287 vi.11 Istanbul Protocol, op cit., paragraph 161.12 Istanbul Protocol, op cit., paragraphs 157-159.13 Herman, JL. Trauma and recovery, New York: Harper Collins;1992, cited by Burnett, A. Dr., Adlington, R Dr., SexuallyTransmitted Infections as a Consequence of Rape, in Peel, M. Dr(ed), op cit., 2004.See also Physicians for Human Rights and Human Rights First,Leave no Marks, Enhanced Interrogation Techniques and the Riskof Criminality, August 2007.memories are stored and recalled will all affect aperson’s retelling of their experience (see 4.2. fordetails on psychological responses to torture). 14Whether the person was subjected to forms of sensorydeprivation or rendered unconscious will alsoaffect memory of key events, as will the currenthealth of the individual. For example sleep deprivationand poor diet will negatively affect concentration,as will depression. 15 In addition, ‘…culturallydetermined attitudes to taboo topics, culturallydetermined expectations regarding confidentiality… feelings of shame and corresponding assumptionsabout other people’s judgements … and lackof trust’ are all important factors making disclosuremore difficult for survivors of torture, especiallysexual torture. 16An experienced doctor made the following observationsin the Medical Foundation publication Rapeas a Method of Torture, noting that ‘any list of theabuses suffered by our clients is almost certainlyincomplete’:... Questions about the tortures and the circumstancesof detention are very distressing for ourclients. They may have begun to cope with theirmemories and their confidence may be returning,yet in the interview they are asked to describe thefinest details of what was done to them, by whomand how many times. Even the doctors who havelong experience of writing medico-legal reportsare cautious about probing these painful areas.Many patients are unable to speak of the acts doneto them which they find unbearable to recall andimpossible to put into words to a stranger andthrough an interpreter... Equally, the descriptionsof how they were held captive and how they copedwith their day to- day needs for water and food,light, air and personal hygiene, and how they wereaffected by temperature and by episodes of ill14 See Herlihy, J and Turner, S.W., The Psychology of SeekingProtection, International Journal of Refugee Law, Oxford UniversityPress, 2009.15 See Freedom from Torture, The Poverty Barrier: The Rightto Rehabilitation for Survivors of Torture in the UK, 2013, fordiscussion of poverty, including chronic insecurity, poor housingconditions and inadequate diet, experienced by survivors oftorture in the UK and its impact on their mental and physicalhealth.16 Herlihy, J and Turner, S.W., op cit., Para, 4.4, page 184.22

Introductionhealth are never more than sketchy. For these reasonsany list ... of the abuse suffered by those whohave survived torture is representational ratherthan comprehensive. 17However, Freedom from Torture doctors also observethe potential therapeutic value for survivorsof torture in giving their account and having someonebearing witness to their experiences:... It has been observed that in numerous instancesthat thoughtful, careful testimony taking andexamination has a major therapeutic effect onvictims of torture. For many it is the first time thatthey find the words to describe their ordeals. Puttingunspeakable torture into words is an importantstep in rehabilitation. 18Description of methods of torture‘Physical’, ‘psychological’ and ‘environmental’methods of torture are presented separately in thereport, although it is acknowledged that the distinctionis somewhat artificial in reality. This is becausetorture methods that might be described as physicalare designed to have psychological as well as physicalimpact and may cause both short and long-termpsychological as well as physical symptoms. 19 Physicaltortures may or may not leave an observablephysical trace; indeed some methods are designedto inflict high levels of pain and psychologicaldistress without leaving a mark. 20 Tortures that aredesigned primarily to have a psychological effectmay also have a strong physical element or impact.It may also be difficult to distinguish between formsof environmental torture that are designed specificallyto cause harm and increase the psychologicaland physical impact of other forms of tortureinflicted and more general detention conditions,which may have the same effect for some people. 21All forms of torture described in this study breach17 See Clarke, P. Women Who are Raped, in Peel, M. Dr (ed), opcit., 2004.18 Freedom from Torture, Methodology, op cit., June 2006, page2 Testimony taking.19 Istanbul Protocol, op. cit., paragraph 145.20 See for example Istanbul Protocol, op. cit., paragraphs 206,212, 214.21 Istanbul Protocol, op. cit., paragraphs 139 & 145.the fundamental human rights of the individualsconcerned and have a profound effect on their immediateand long-term health and well-being. Noneis more or less ‘severe’ per se. Each person’s historyand experience of detention and torture is unique,including the particular conditions of detention andthe forms and combinations of methods of torturethey have endured. It is the cumulative effect ofthese, combined with prior life experiences, thecontext in which the person lives and has beentortured and the degree of personal resilience orotherwise, that contribute to the nature and severityof the physical and psychological consequencesof torture for any individual. 22Rape, sexual violence and torture in theDRCThe findings of this report are based on medicolegalreports produced by Freedom from Torture oncases of torture, including rape and other forms ofsexual torture, of women who were detained from2006 onwards in the DRC. However, those cases cannotbe considered in isolation from a broader patternof widespread torture, associated with otherhuman rights violations, committed by DRC securityforces and documented by the UN and human rightsgroups. For example the UN High Commissioner forHuman Rights reported as a major human rightsconcern the ‘widespread use of torture and illtreatmentby defence and security forces in thecountry’, including members of the Congolese NationalPolice (PNC), the National Intelligence Agency(ANR) and the Congolese army (FARDC). 2322 For discussion of the relevance of context to working withsurvivors of sexual torture, see Patel, N., Mahtani, A., PsychologicalApproaches to Working with Political Rape, in Peel, M.(ed), op cit., 2004.See also Seltzer, A., Rape and Mental Health: the PsychiatricSequelae of Violation as an Abuse of Human Rights, in the samevolume.23 Report of the United Nations High Commissioner for HumanRights on the human rights situation and the activities ofher Office in the Democratic Republic of the Congo, 2013, A/HRC/24/33, para. 15.See also Report of the United Nations High Commissioner forHuman Rights on the situation of human rights and the activitiesof her Office in the Democratic Republic of the Congo, 2010, A/HRC/13/64, para. 2 and Report of the United Nations High Commissionerfor Human Rights on the human rights situation andthe activities of her Office in the Democratic Republic of theCongo, 2012, A/HRC/19/48.See also Human Rights Watch 2013 Annual Report and AmnestyInternational Annual Report 2013 - Democratic Republic of theCongo.23

Rape as torture in the DRC: Sexual violence beyond the conflict zone24Despite the enactment of the Law explicitly criminalisingtorture by the President on 20 July 2011,the practice of torture remains endemic in theDRC. This is partly due to the pervasive situation ofimpunity for members of the security services whocommit human rights violations, combined with thestructural weaknesses of the justice system.Rape and other forms of sexual violence are rampantin the DRC. 24 Although research and reports inthis area have generally focused on acts committedby soldiers of the Congolese army and membersof armed groups in the context of the conflict,rape committed by security services, away fromthe conflict zone, is also pervasive. Furthermore,rape by civilians has become a problem in its ownright, not helped by the persistent and widespreadimpunity for such crimes. 25 . The adoption of legislativeand policy instruments by the DRC authoritiesto address sexual violence, such as the 2006 law onsexual violence and the related 2009 national strategyand action plan have contributed to strengthenthe institutional and legal frameworks in theDRC. 26 Additionally, military prosecutors conductedinvestigations and courts handed over convictionsin a few emblematic cases with the support ofthe international community. However, numerousobstacles, including lack of resources and corruptionhave limited the impact of these measures andrape and other forms of sexual violence continue tobe committed at alarming levels in the country. 2724 Report of the United Nations High Commissioner for HumanRights, op cit., 2013, paragraph 24.25 See for example, UN Joint Human Rights Office (UNJHRO -Human Rights Division of MONUSCO and OHCHR- DRC), Progressand Obstacles in the Fight Against Impunity for Sexual Violence inthe Democratic Republic of the Congo, April 2014.Also, Oxfam, Now The World Is Without Me: An investigation ofsexual violence in Eastern Democratic Republic of Congo, April2010.26 See for example: Committee on the Elimination of Discriminationagainst Women (CEDAW), Combined sixth and seventhperiodic report of States parties, Democratic Republic of theCongo, CEDAW/C/COD/6-7, 21 December 2011, pp 7-9, Nationalstatutory and legal instruments promoting the status of women.27 See for example UNJHRO, Progress and Obstacles in theFight Against Impunity, op. cit, April 2014, p 3.The report statesthat the four year period between January 2010 and December2013 was ‘characterized by the persistence of incidents ofsexual violence that were extremely serious due to their scale,their systematic nature and the number of victims’. The reportindicates that, while some progress has been made in the fightagainst impunity for sexual violence, much more needs to bedone to hold perpetrators of sexual violence accountable.While this report highlights the close link betweensexual violence and torture they are consideredseparately from each other in the DRC. Rape andother serious forms of sexual violence are very rarelycharged as acts of torture and institutional andpolicy frameworks do not fully consider this link.This runs counter to the current increasing recognitionthat rape can amount to torture under internationallaw. 28 For example, in the Celebici Case,the International Criminal Tribunal for the formerYugoslavia (ICTY) identified the elements of torturewith reference to the Convention against Torture. 29The Tribunal recognised that rape inflicts severepain and suffering, both physical and psychological,and that it was ‘difficult to envisage circumstancesin which rape, by, or at the instigation of a publicofficial, or with the consent or acquiescence ofan official, could be considered as occurring for apurpose that does not, in some way, involve punishment,coercion, discrimination or intimidation’. 30Rape has been classified as a war crime and a crimeagainst humanity in international jurisprudence.When perpetrated by state officials it can also beclassified as an act of torture in itself whetherperpetrated within or without formal detentionfacilities. 31The identification of rape as torture has fundamentallegal consequences. As stressed by the UNSpecial Rapporteur on torture, ‘classifying an act as“torture” carries a considerable additional stigmafor the State and reinforces legal implications,which include the strong obligation to criminaliseacts of torture, to bring perpetrators to justice andto provide reparation to victims’. 32 Furthermore, as28 For an overview of the jurisprudence development, seeREDRESS, Redress for Rape: Using international jurisprudence onrape as a form of torture or other ill-treatment, October 2013,pp. 20 and the following pages.29 ICTY, Celebici Case (Trial Judgement) (1998) 16 November1998, paras. 495 and 496.See also, Redress for Rape Report, op cit., p20.30 ICTY, Celebici Case (Trial Judgement) (1998) 16 November1998, at para. 495.See also, Redress for Rape Report, op cit., p20.31 For an overview of the jurisprudence development, seeREDRESS, Redress for Rape: Using international jurisprudence onrape as a form of torture or other ill-treatment, October 2013,pp. 20 and the following pages.32 UN General Assembly (2008), ‘Report of the Special Rapporteuron Torture and Other Cruel, Inhuman or Degrading Treatmentor Punishment, Manfred Nowak’, A/HRC/7/3, 15 January2008, para. 26.

Introductionin the case of the DRC, this link calls for a more integratedlegal, policy and institutional approach toensure efforts against torture and sexual violenceare considered together and are mutually reinforcing.Report structureThe research findings are presented in full in thefollowing four chapters.Chapter 1 profiles the women survivors whose casesare included in this study, as this relates to theirhistory of detention. The relevance of the followingfactors is considered: political profile; ethnicity andplace of origin; religious affiliation; gender; sexualorientation and travel abroad.Chapter 2 describes when and where the 34 womenwere arrested and detained, by whom and for whatreason. Also considered in this chapter are the violationof due process rights experienced in all casesand detention conditions described by the women.Chapter 3 deals with the forms of torture, includingphysical, psychological and environmental torture,endured by the 34 survivors whose cases are includedin this study.Chapter 4 covers the physical and psychologicalimpact and evidence of the torture described inchapter 3 and documented in the MLRs.These chapters are followed by conclusions andrecommendations, which are directed to the governmentof the DRC, to the international communityand to the UK government.1Survivor Profile25

Survivor profileThe survivors whose torture is described in thisreport are all women from the DRC who weredetained and tortured after 2006. The majorityof these women were targeted for detention as aresult of their political profile, or that of a memberof their family, as members or supporters ofa legitimate political or civil society organisation.A smaller number of women were targeted due totheir or a family member’s association with armedgroups or with the Bundu Dia Kongo (BDK) politicalreligiousmovement. 1Alongside their political profile the relevance ofthe following factors is considered below: sexuality,age, and relationship status; ethnicity andreligion; place of origin and history of relocation;education and occupational history and travelabroad.1.1. Political profileWell over half the women (23) were detained forwhat might be termed ‘political’ reasons (see 2.3.for details on reasons for detention). Twenty ofthese reported that they, a family member or both,had a political profile as members or supporters ofa legitimate political or civil society organisation.The other three were detained for alleged involvementin political opposition to the government (eitherdirectly or through a family member) thougha specific organisational affiliation was not identified.Two of these individuals were employed in thegovernment intelligence services and suspected ofanti-government activities.There were nine women who declared that theyhad been politically active and that a family member(e.g. husband or parent) also had a significantpolitical profile. They were detained primarily onaccount of their own political activities, though1 For information about the BDK, see for example, Immigrationand Refugee Board of Canada, Democratic Republic of theCongo: Information on the Bundu dia Kongo (BDK) movement,including its political program, location of its offices, the numberof its members, its situation with respect to other politicalparties, and the attitude of government authorities toward itsleaders and members (2007 - April 2011), 6 April 2011.for some the profile of their family member may havebeen an additional reason for their detention.There were another nine women who had been detainedon account of the political profile of a familymember and did not describe involvement in politicalactivity themselves.Of the women detained for political reasons the largestgroup (11) were associated with the Movement forthe Liberation of Congo (MLC) 2 ; these women had beendetained a total of 23 times between them. Othernamed opposition parties that women were affiliatedto include the Union for Democracy and Social Progress(UDPS) 3 (five women detained eight times) andthe Alliance of Patriots for the Refoundation of theCongo (APARECO) 4 (two women detained four times).In addition, three women supported civil societyorganisations concerned with women’s rights, thoughone of these women was also associated with the MLC.Three of the 11 women detained for association withthe MLC said that they worked for the party, two ofwhom also held positions of responsibility and describeda history of political activism. 5 At least threeother women also held positions of responsibility inthe MLC including leading branch offices or youth sections.These and the other MLC members described2 For information about the MLC see for example, Immigrationand Refugee Board of Canada, Democratic Republic of the Congo:Movement for the Liberation of Congo (Mouvement de libération duCongo, MLC), including leadership and treatment of party members(2009-2012), 16 March 2012.3 For information about the UDPS see for example, Immigration andRefugee Board of Canada, Democratic Republic of the Congo: Unionfor Democracy and Social Progress (UDPS), including its status, itsrelationship to the government in power, and the treatment of itsmembers by the authorities and security forces, 18 May 2012.4 For information about APARECO see for example, Immigration andRefugee Board of Canada, Democratic Republic of the Congo: TheAlliance of Patriots for the Refoundation of the Congo (Alliancedes patriotes pour la refondation du Congo, APARECO) in Kinshasa,including its structure, objectives and activities; the membershipcard; treatment of party members and recruiters by the authorities(2012-May 2013), 15 May 2013.5 It should be noted that doctors engaged in the MLR documentationprocess focus on information from a person’s background andhistory to the extent that is clinically relevant and will not necessarilyexplore in detail the reason that a person was targeted fordetention, including details about the nature and level of theirpolitical activity. Such detail is unlikely to be clinically relevant andgaining information of this type may be outside the doctor’s area ofexpertise.127

Rape as torture in the DRC: Sexual violence beyond the conflict zonevariously taking part in: campaigning for the organisation,recruiting for new members, storing anddistributing publicity materials such as t-shirts andbanners, attending meetings and demonstrationsand undertaking administrative tasks. One womanhad focused particularly on women’s rights issues,storing campaign materials at her house, which wasalso used for meetings.… She worked for the party, recruiting people,handing out leaflets, attending meetings anddemonstrations and later helping to run campaignmeetings. (MLR-DRC) 6… She was responsible for activities in her localdistrict. She organised publicity, recruitment andbriefing of new recruits. This involved posting posterson walls, taking part in street rallies in whichshe had a megaphone and publicised the aims ofthe party and processing new members. (MLR-DRC)Similarly, those women who were detained dueto their association with UDPS and APARECO wereinvolved in political activities such as youth mobilisation,distributing leaflets, publicising the policiesand activities of the party and attending demonstrationsand protests.Three women who were involved in civil societyorganisations campaigning for women’s rights (oneof whom was also active in support of the MLC)described activities including meeting with and advisingwomen involved in local disputes, addressingmeetings of women, distributing campaigning andinformation leaflets and for one individual, providingsupport to, and campaigning on behalf of, thewives and children of men who had ‘disappeared’.The organisation that this woman was a member ofalso campaigned against rape and violence againstwomen, and was supported by the main oppositionparties, MLC and UDPS as well as other humanrights organisations. Her profile within this organ-6 All excerpts presented indented and in italics are takendirectly from MLRs prepared by Freedom from Torture doctorsand included in this study. Where necessary potentially identifyingdetails have been omitted and/or wording has been changedin order to preserve anonymity. MLRs from which excerpts havebeen taken are identifiable to the researcher only.isation and at public events had led to her arrest onmore than one occasion.Of the three women who were detained on accountof the activities of their husband, one said thather husband was a member of the armed forceswho was suspected of disloyalty to the ruling party.Another said that she had been detained in partdue to her ethnicity, which meant that a politicalallegiance was imputed to her (see 1.3. and 2.3. fordetails).1.2. Association with armed groups 7Five women living in the eastern provinces of Northand South Kivu and Orientale were detained, oneof them twice, due to the association of a familymember with an armed group. Three of these fivenamed the group as the National Congress for theDefence of the People (CNDP); the other two didnot name the group. 8 These five women appearto have been detained entirely on account of theprofile of their husband or father, only one of whomwas reported by the woman herself to have been amember of an armed group.… Her husband joined a rebel group and left hometo join them. She was detained because she refusedto sign papers stating that she was part of thegroup and an enemy of the state. (MLR-DRC)The father of one woman had sold provisions toarmed groups while the husbands of the otherswere falsely accused of having joined, collaboratedwith and/or provided support to an armed group(e.g. providing information or hiding arms in theirhome). None of these women were involved witharmed groups or politically active themselves.7 For information about armed groups in eastern DRC see: UNOffice for the Coordination of Humanitarian Affairs, IRIN, Africa,DRC: Who’s who among armed groups in the East, 15 June 2010and DRC: Briefing: Armed groups in eastern DRC, 31 October2013.8 For information about CNDP see IRIN, op cit., 15 June 2010 and31 October 2013.28

Survivor profile1.3. Ethnicity and religionA range of Congolese ethnicities was recordedamong the 34 women. However, the extent to whichethnicity was in itself a significant factor in thetargeting of these women for detention is not clearfrom the information recorded in the MLRs. 9One woman attributed her detention in part to herethnicity, since according the arresting officers thisidentified her as a supporter of the MLC, along withher husband who was a party member (see 2.3. fordetails).Although not specifically stated in the MLRs, it ispossible that in other cases ethnicity was used bystate security forces to impute political opinion,which was then the stated basis for arrest. 10Two women identified as ‘Banyamulenge(Munyamulenge)’ 11 , one of whom said that she and9 It should be noted that doctors engaged in the MLR documentationprocess focus on information from a person’s backgroundand history that is clinically relevant and will not necessarilyexplore in detail the reason/s that a person was targeted fordetention, including potentially relevant profile factors such asethnicity. The absence of such information in the MLR should nottherefore be interpreted as demonstrating that ethnicity wasnot a relevant factor in the imputing of political opinion in somecases.10 For examples of cases where ethnic and geographical factorshave been used to impute support for a political organisationsee, Human Rights Watch, We will Crush You: The Restriction ofPolitical Space in the Democratic Republic of Congo, 2008, pages6, 3, 27, 28, 40, 41.See also, Ngoy-Kangoy, H. K., The Political Role of the EthnicFactor around Elections in the Democratic Republic of the Congo,African Journal on Conflict Resolution, Volume 7, No 2 (2007),ISSN: 1562-6997.11 For information about the Banyamulenge ethnic group see forexample, Immigration and Refugee Board of Canada, Democraticher family had been the target of communal violenceduring the 1990s due to her ethnicity, thoughthis was not given as the specific cause of her morerecent detention. Both these women were detaineddue to the fact that their husbands were alleged tohave joined or supported the armed group, NationalCongress for the Defence of the People (CNDP) (see1.2. for details).The majority of the women identified as Christian(29 out of the 34) most of whom were Catholic andone Protestant, though not all women stated thedenomination. Religion was not mentioned as asignificant factor in their detention.However, four women described their religion asBundu Dia Kongo (BDK) – a political-religious movementcentered in the Bas-Congo province. 12 Threeof these women reported being detained becauseof their own membership of this group and/or themembership of a family member; one was detainedthree times over a period of three years (2007-09)(see 2.3. for details). The fourth woman was detainedfor other reasons although she said that herassociation with BDK and other political associationshad placed her at risk of being detained (see 1.5.for details).Republic of Congo (DRC): The Banyamulenge (Munyamulenge)ethnic group; whether members of this group are targeted bygovernment authorities, 1 December 2000.12 For information about the BDK see for example, Immigrationand Refugee Board of Canada, op cit, 6 April 2011.129

Rape as torture in the DRC: Sexual violence beyond the conflict zone1.4. Place of origin and history ofrelocationMore than half the women (19) were born inKinshasa, and 26 were resident there by the timethey were detained (see 2.4. for details of placeof arrest). The 15 women born outside the capitaloriginated in the following provinces: Bas Congo,Katanga, North and South Kivu, Orientale, Equateur,Kasai Orientale and Occidental (see Figure 1.below). 13Twenty women had relocated from their place ofbirth at least once, and in some cases up to fivetimes, before fleeing the DRC to seek internationalprotection. The direction of movement was generallytowards rather than away from Kinshasa, thoughfor some women the history of movement wasquite complex and for ten women it involved travelabroad. Of those 14 women who had not movedfrom their place of birth before fleeing the country,all but three lived in Kinshasa; the others lived inNorth Kivu and Bas Congo.13 The place of origin and place of residence at the time ofarrest in this group of cases reflects referrals to Freedom fromTorture, from among those torture survivors from the DRC whoare able to flee the country and seek protection in the UK,rather than being reflective of women suffering torture andsexual violence in the DRC.Note the correction to the Freedom from Torture submission toCEDAW (see footnote 2 introduction section ), which states inerror that nine women were born in Bas Congo. This should havebeen 9%, 3 women.Seven of the eight women born in Katanga, Equateurand the Kasai provinces had moved to Kinshasaby the time they were detained; the other hadmoved to Bas Congo.Figure 1, Place of birth and place of detentionSud-Kivu(South Kivu)OrientaleProvinceNoed-Kivu(North Kivu)Kinshasa (cityprovince)KatangaKasai-Oriental(East Kasai)Kasai-Occidental(West Kasai)EquateurBas-Congo(Lower Congo)detentionbirth0 5 10 15 20 25Number of women3030

Survivor profileThose four women originating from the easternprovinces of the Kivus and Orientale had remainedin eastern DRC and were detained there, althoughone of them had lived for some years in a neighboringcountry in an attempt to escape conflict in herlocal area and others had re-located several timesmore locally. The fifth woman who was detainedin eastern DRC had moved there from Kinshasawith her family, although the circumstances areunknown. Of the three women originally from BasCongo, two moved to Kinshasa, while two otherwomen had moved to Bas Congo (from Kinshasa andKatanga).Eight of the 19 women who were born in Kinshasahad at some point moved away, although six ofthese eight returned and were detained there. Theother two had moved with their families to BasCongo and South Kivu, from where they were eventuallydetained. The six who returned to Kinshasahad all moved or travelled abroad in a variety ofcircumstances (see 1.7. for details). One of thesehad lived elsewhere in the DRC as a child with herfamily before returning to Kinshasa to pursue hereducation and eventually travelling abroad forwork.The most common reason given for relocation wasthe woman’s family circumstances such as thedeath or loss of a family member (carer) or theirparents pursuing employment or education opportunities.Some women had moved in childhood or as ayoung person either with their family or to live withother family members. Those that had moved laterin life to pursue their own education or employmenthad all moved either to Kinshasa or abroad.One woman living in eastern Congo reported movingdue to the conflict in her home area and anotherliving in Bas Congo due to the persecution of theBDK, of which she was a member. Others had beenforced to move due to the fact that they or a familymember had been targeted for detention, or faceda risk of persecution or ill-treatment in their homearea.1.5. Gender, age, sexuality andrelationship statusOther than the few examples described below,gender does not in itself appear to have been asignificant factor in the targeting for detention ofthis group of 34 women, although the use of rapeas a form of torture is indeed a gendered practicein the DRC (see Chapter 3 for evidence of torture,including rape). 14Only two women were detained on what might betermed ‘gender specific’ grounds, both at the instigationof men in positions of state authority. Theprofile of one, which included associations with BDKand a political organisation, was used to threatendetention in an attempt to coerce and intimidateher into becoming the mistress of a man who was ofsenior rank in the armed forces. Her detention andtorture was understood by her to be a form of punishmentfor her refusal to comply. The other womanwas the wife of a prominent member of the armedforces and ruling political elite, who was a violentand abusive husband. He refused to allow her todivorce him because she ‘knew too much about hiscrimes’ - his activities as a political and militaryleader. Instead he ordered her detention on threeoccasions to intimidate and silence her. On one occasionthe soldiers who detained her said that theyhad been ordered to ‘take her and correct her’.At the time when their medico-legal report wasprepared, 20 of the women were aged 18-35, 11were aged 36-50 and three were aged 51-65. Agedoes not appear to have been a relevant factor inthe detention and treatment of these women. Theywere subjected to torture including brutal beatingsand rape irrespective of their age (see Chapter 3 forevidence of torture).Twenty six of the women identified themselves asheterosexual; one identified as a lesbian and for theremaining seven women sexual orientation was notspecified. The woman who identified as a lesbian14 The prevalence of rape among male detainees in the DRC isnot known as a comparative study of male torture survivors hasnot been undertaken. See also footnote 7.131

Rape as torture in the DRC: Sexual violence beyond the conflict zonewas detained and tortured at the instigation of amember of the state armed forces because of hersexual orientation and her relationship with hisdaughter. She had also suffered a prior history ofill-treatment and abuse from her extended familyand community who had identified her as a ‘witch’due to her sexuality. They had blamed her for thedeath of a family member, causing her immediatefamily to move from her place of origin to Kinshasa.In Kinshasa she was further ostracised by her familyfollowing the death of another family member,which was also attributed to her witchcraft.Nineteen of the 34 women said that they weremarried or had a partner at the time when theirmedico-legal report was prepared. Only three ofthem were currently living with their husband/partner in the UK. Eight women did not know thewhereabouts of their husband/partner since theywere either in hiding or were understood to havebeen detained by the authorities in the DRC. Threewomen were widows and the remaining 12 weresingle. Twenty-seven of the 34 women had childrenalthough only 12 had any of their children withthem in the UK and most (9) also had other childrenstill living in the DRC, whom they had been forcedto leave behind when they fled the country. Maritaland parental status were not factors apparently relevantin the women being targeted for detention orthe nature of their treatment once detained.1.6. Education and occupational historyInformation on the educational level of 18 of thewomen was recorded in their MLRs. Eight womenwere educated to university level having studiedsubjects including law, political science, psychology,marketing and/or business studies; seven wereeducated to secondary and three to primary schoollevel. Most women were in employment prior totheir detention (24 out of 29 for whom employmentstatus was recorded) Eight women were traders ofvarious types of commodities; three women ownedtheir own business, three were students and othershad a variety of occupations including a nurse,physiotherapist, seamstress and cook. Only fivewomen were recorded as not employed.For most of the women their employment statusand nature of their employment had no connectionto their detention. However, five women reportedthat their work that led to adverse attention fromthe authorities, including three who worked forthe Movement for the Liberation of Congo (MLC),one who worked for the Alliance of Patriots for theRefoundation of the Congo (APARECO) and one whoworked as a police intelligence officer (see 2.3. fordetails of reason for detention). Three people hada family member whose occupation had, at least inpart, led to their detention; all were members ofthe state security forces who were perceived to bedisloyal to the government.1.7. Travel abroadTravel abroad seems to have been a profile factorleading to targeting for detention in a number ofcases. 15 Among the 34 women, seven had travelledabroad and subsequently returned to the DRC andof these, five were detained either immediatelyon return at the DRC’s main international airportin Kinshasa (N’Djili) or shortly afterwards (threeand five women respectively). 1617 All three womenwho were arrested at the airport had been previouslydetained due to their political profile and hadsought protection abroad, before being forciblyremoved to the DRC. Two were removed from countriesin Europe and one from a country in Africa. Allwere detained initially at N’Djili airport and then15 In order to protect anonymity the countries are not named,although it should be noted that the UK is among them.16 All the women in the study ultimately travelled to the UK andclaimed asylum, in some cases transiting through other countries(see 2.11). However ten women had spent time abroad prior totheir eventual flight to the UK and claim for asylum. Of these,three did not return to the DRC. All three women had beenpreviously detained; two had fled the DRC to escape persecutionand had spent time in a third country in Africa before finallyfleeing to the UK where they claimed asylum. The third was visitingthe UK when she received news that led her to believe thatshe would be at risk of further detention if she returned to theDRC. This included the fact that she and family members were inthe UK and were perceived to be engaging in activities in supportof political opposition groups based there. She therefore claimedasylum sur place.17 Please note: Freedom from Torture’s submission to CEDAWstated in error that of the ten women who had travelled abroad,eight were arrested at the airport on return. As noted in footnote53, while ten women spent time abroad, only seven ofthese returned to the DRC. In addition, although eight womenwere arrested at one of Kinshasa’s airports, further analysis ofthe data revealed that not all were arrested on return to thecountry. See 2.4.1. for further details of these arrests at Kinshasa’sairports.32

Survivor profiletransferred to other detention facilities (see 2.4.1.and 2.6. for details).The two women who were detained shortly afterreturning to the DRC 18 had travelled to countriesin Europe for employment and leisure respectively.One had no record of previous detention or ofpolitical activity during her time working abroad,though her husband had become a member of anopposition party (he was based in the DRC). She wasaccused of working for the opposition activists whenabroad and interrogated about her husband’s activities,of which she had no knowledge. The other hadbecome a member of a political organisation as astudent and had met with members of this organisationwhen abroad. She was interrogated about thisorganisation and her activities abroad.Reasons for detaining the five women on returnto the DRC or shortly after, that were given at thetime of arrest or that became clear during interrogation,included the following factors: i) associationwith political opposition groups ii) record of previousdetention iii) travel to countries with diasporacommunities of Congolese citizens including dis-18 One woman was detained 5 days after returning to Kinshasaand the other, a few weeks later.sidents and/or iv) betraying the country or bringingthe country into disrepute by claiming politicalasylum.… She was taken to prison. There was an unofficialhearing as soon as she arrived. It was not held in acourt, just a large room in the prison. There was nojudge; the hearing was conducted by soldiers. Theycondemned her to death. Then she was blindfoldedand handed over to other soldiers who took herto an informal “prison” for people who had beencondemned to death. (MLR-DRC)The remaining two of the seven women who hadtravelled abroad and returned to the DRC weredetained some time after their return and any linkwith travel abroad is not known. One had travelledback to eastern DRC from a neighboring countrywhere she had been living with her family to escapeconflict in her home area (having also been displacedinternally). She was detained the followingyear with her husband who was suspected of associationwith armed groups. The other had travelledback to Kinshasa voluntarily, having spent timeabroad as a result of persecution of members of theBDK movement. She was detained, along with herhusband, six years later due to her ethnic/religious/political profile.133

Figure 2: Number of detention episodes by year, indicating 1st - 5thepisode for each detention14Number of detention episodes12108642fifth episodefourth episodethird episodesecond episodefirst detentionepisode02006 2007 2008 2009 2010 2011Year of detention34

Detention context2Detention contextAll the 34 women were detained (on all occasions)by state actors – including from the military, policeor intelligence services. 1 None of the women weredetained by non-state forces or armed groups.The majority of the 34 women were detained innon-conflict contexts: 26 were resident in Kinshasawhen they were detained (for all episodes 2 ), whilethree were resident in Bas-Congo and five in easternCongo. Many suffered multiple detentions – amongthe 34 women there was a total of 60 detention episodes.Of the 60 detention episodes 54 took place ina state facility. Six detention episodes took place inthe person’s home or other private residence.All 34 women were detained by state authoritieswithout due process according to international humanrights standards; all were detained arbitrarily,they were tortured every time they were detained,and the vast majority were held incommunicado.Extremely poor detention conditions were describedby those 30 women held in state facilities duringone or more detention episodes, including in formal(named) and unofficial facilities administered bythe police, intelligence or military forces.2.1. Repeated detentionTwenty-two of the 34 women were detained oncebefore leaving the DRC to seek international protection,while 12 were detained more than once, someon multiple occasions. These 12 women were detainedbetween two and five times before eventuallyleaving the DRC. Overall there were 60 episodesof detention among the 34 women in the study. 31 Please note: Freedom from Torture’s submission to CEDAWstated that 32 of the 34 women were detained on all occasionsby state actors and that in two cases the detaining authority wasnot known. Further cross-checking and analysis of the data confirmsthat all 34 women were detained by state security forces.2 ‘Episodes’ here and elsewhere in the report refers to separateepisodes of detention. Twelve of the 34 women were detainedmore than once, some on multiple occasions. Overall, data wascollected for 60 episodes of detention.3 Four women additionally had a history of detention before2006.2.2. Year of detentionThe 60 episodes of detention reported by the 34women spanned the years 2006-2011, with the largestnumber of detentions taking place in 2009 (13),although the distribution of detentions across theseyears was fairly even overall, with an average of 10detentions in each year (see Figure 2. to the left). 4The intervals between detentions for those womenwho were detained more than once was on averagea year. However, they varied from less than a year(two women were detained more than once andup to three times in the same year) to three years.This seems to indicate that the risk to individualswho had been detained once persisted and did notdiminish over time, particularly if they remainedinvolved in political activity. For example someof those detained for the first time in 2006, wereagain detained in 2010 and 2011, before they fledthe country.2.3. Reason for detentionThe most common reason for the detention of thewomen was their political profile (44 out of 60detention episodes) (see 1.1. for details of politicalprofile). Twenty-three of the thirty four womenwere detained on all occasions due to their own, ora family member’s, association with a political oppositionparty or civil society organisation (women’srights) or for participation in legitimate politicalactivities. For all of these women organisationalaffiliation or perceived activism with groups in oppositionto the government were reported to be thereason for detention and torture.Most other women were detained either due totheir membership of the BDK 5 or due to the alleged4 Of the cases available for research purposes in January 2012,the latest episode of detention took place in December 2011.It is likely evidence of more recent detention and torture ofwomen in the DRC will grow over time as further MLRs are finalisedfor those referred to Freedom from Torture in the interveningperiod. Since the research was conducted, Freedom fromTorture has prepared a further 19 MLRs for people from the DRC,of which 12 were for women.5 For information about the BDK, see for example Immigration235

Rape as torture in the DRC: Sexual violence beyond the conflict zoneinvolvement of a family member with armed groups(three and five women respectively). 6 Two womenwere detained for ‘gender disobedience’ on theorders of senior military officers as a punishmentfor not conforming to their demands as men/husbands.Another woman was detained because of hersexuality (see Chapter 1 for details of these profilefactors).The largest number of political detentions amongthe 34 women occurred in the years 2006-7 (19episodes) and the fewest in 2008 (four episodes). Inthe years 2009-11 detentions occurred among thisgroup at an average of seven per year, indicatingan ongoing trend of political detention, though theorganisational affiliation of those detained in differentyears shows some variation.Figure 3. shows political detentions by year, withthe organisational affiliation of the woman and/or her family member that gave rise to detention.These findings should be seen in the context of politicaldevelopments in the years 2006-11, includingthe two electoral periods of 2006-7 and 2011, andthe treatment of political opposition by the rulingparty. 7and Refugee Board of Canada, op cit, 6 April 2011.6 For information about armed groups in eastern DRC see: UNOffice for the Coordination of Humanitarian Affairs, op cit., 15June 2010 and 31 October 2013.7 For information about the treatment of political opposition andthe political context in the DRC see for example, Human RightsWatch, We will Crush You: The Restriction of Political Space inthe Democratic Republic of Congo, 2008 and Amnesty International,Democratic Republic of Congo: Torture and killings bystate security agents still endemic, AI Index: AFR 62/012/2007,October 2007.See also footnote 29, Report of the United Nations High Commissionerfor Human Rights, op cit., 2013, 2012, 2010; HumanRights Watch 2013 Annual Report and Amnesty InternationalAnnual Report 2013 - Democratic Republic of The Congo.See also: UN JHRO, Report by the United Nations Joint HumanDetentions involving MLC members are mainly concentratedin the years 2006 and 2007 (15 episodes),although a number of detentions also occurred inthe years 2008-10 (eight episodes). This indicatesboth a high rate of detention during the 2006-7electoral period and an ongoing intolerance for theactivities of this organisation’s members. Therewere 23 detention episodes involving MLC membersaltogether. Proportionately more women associatedwith the UDPS were detained in 2011 than any otheryear (four episodes), but women involved with thisorganisation were also detained in the years 2006,2008 and 2010; eight detentions altogether. Whilemore detentions appear to have taken place duringthe 2011 electoral period, the spread of detentionsRights Office on the Violations of Human Rights and FundamentalFreedoms Committed during the Electoral Period in the DemocraticRepublic of the Congo, As Well As On The Actions Taken ByCongolese Authorities In Response To These Violations October2011 - November 2013, December 2013.Figure 3: Organisational association and year of detention, 44 episodes, 23 women12Number of detention episodes108642unknownwomen’s rightsAPARECOUDPSMLC02006 2007 2008 2009 2010 2011Year of detention36

Detention Contextacross the span of years 2006-11 also indicates anongoing situation of intolerance for the activities ofthis organisation’s members. 82.4. Place of arrestThe vast majority of the women were arrested anddetained in non-conflict contexts. The majority (26)were resident in Kinshasa when they were detained,while three were resident in Bas-Congo and five inthe eastern provinces (North Kivu three, Orientaleand South Kivu one each). Of the 60 detention episodes,49 took place in Kinshasa, five in Bas-Congoand six in the eastern provinces.2.4.1. Arrest at airports in KinshasaEight arrests took place at airports in Kinshasa.Arrest on arrival at KinshasaThree women were arrested on arrival at the DRC’smain international airport in Kinshasa (N’Djili),having been forcibly removed to the DRC. They hadsought international protection following previousdetentions in the DRC. One woman said thatshe was ‘handed over to the authorities’ on arrivaland locked alone in a small room for a day beforebeing transferred to a police detention facility. Theother two described being arrested and taken thesame day to prison, where one was subjected toa mock trial on arrival and sentenced to death forhaving escaped detention, bribed state officials andbrought the DRC into disrepute (see 1.7. for detailsof these cases).Arrest while attempting to departOne woman was arrested twice at airports inKinshasa, on both occasions when attempting toflee the country; she had previously been detainedtwice. She first attempted to leave fromN’Djili airport having lived in hiding for two yearsafter escaping her second detention. The authoritiesarrested her and told her that her name hadbeen given to all ports and airports. She was heldat the airport for four hours and then transferredto prison. Her escape from detention was againarranged through a bribe and after some time sheattempted to leave Kinshasa, this time from N’doloairport where she believed that security checkswould be less stringent. She was detained when sheshowed her voting card as identification and thiswas checked by police at the airport. She was takento prison for a fourth time.Another woman, who had previously been detainedtwice, was arrested when boarding an internal flightfrom Kinshasa (the airport was not named). Shewas accused of ‘planning to set up a rebellion’ and‘not respecting President Kabila’. She was taken toprison.Arrest while attending events at the airportTwo other women were arrested while attendingevents at N’Djili airport. One was participating ina protest against the visit of the King of Belgium aspart of the 50 th anniversary of independence. Shewas arrested with many others by the police whodispersed the demonstration, and was taken directlyto detention.The other woman was arrested by uniformedsoldiers while attending an event at the airport in2011. She was detained with many others for fourdays in a small room at the airport before beingtransferred to detention elsewhere. Men and womenwere held together for the first night, duringwhich time they were given no food or water. Womenwere removed repeatedly from the room andraped by different soldiers and were beaten whenthey attempted to resist. The men were separatedafter the first night but the women remained in thesame room for three more nights, during which timethey were given biscuits and water and continuedto be raped and beaten repeatedly. After this theywere transferred from the airport to prison.28 Op cit.37

Rape as torture in the DRC: Sexual violence beyond the conflict zone2.4.2. Arrests from all other locationsArrests from public places prefaced more than halfthe detention episodes, including when womenwere attending demonstrations rallies or publicmeetings. The three women detained as membersof BDK described being arrested at prayer meetings,from their homes and one during a protestmarch.… Before the elections the party launched a demonstrationin which she took part. Governmentsoldiers came to break up the demonstration usingwater cannon and tear gas. She tried to run awaybut fell over in the crowd in the street and wasinjured. She was then arrested, handcuffed withmetal handcuffs behind her back and taken to apolice station where she was detained. (MLR-DRC) 9… Soldiers dispersed a prayer meeting at thetemple. Members were shot and arrested outside.She was taken with others to prison. (MLR-DRC)A significant number of other apparently targetedarrests took place in people’s homes or other privatelocations.… Her neighbour informed her that her home hadbeen entered and looted while she was out. Shestayed away overnight and returned the next day;her home had been ransacked; she was then abductedby plain clothed men. (MLR-DRC)She thinks neighbours must have denounced herfamily to the authorities. One day soldiers cameand forced their way into her house. She washandcuffed and pushed roughly into the back ofa vehicle, together with members of her family.(MLR-DRC)9 All excerpts presented indented and in italics are takendirectly from MLRs prepared by Freedom from Torture doctorsand included in this study. Where necessary potentially identifyingdetails have been omitted and/or wording has been changedin order to preserve anonymity. MLRs from which excerpts havebeen taken are identifiable to the researcher only.2.5. Detaining authorityAll 34 women were detained (on all occasions) bystate security forces – including from the military,police or intelligence forces. None of the womenwere detained by non-state forces or armedgroups. 10 Although the specific state force was notnamed in all 60 detention episodes, this informationwas recorded in relation to 42 episodes. The breakdownof detaining authority is shown in Figure 4.2.6. Place of detentionAll but four women were detained in a formal(named) or unofficial state security facility duringat least one detention episode. Many women weredetained more than once and for two of these women,one of the detention episodes was at a privateaddress, where the others were in state facilites. Ofthe 60 detention episodes therefore, 54 took placein a state facility.As Figure 5 shows, most of the detentions that tookplace in Kinshasa were in named facilities, knownto the women concerned. Some of these are knowndetention centres where abuses have been documentedby human rights organisations and others,including the UN. 11Most striking is the number of different detentionfacilities in which women in this study were detained.The largest number of detention episodestook place in Kin-Mazière; seven episodes duringthe years 2007-2010. Those facilities where 2-5detention episodes took place include ‘ex-DEMIAP’military intelligence detention facility, ‘ANR’ NationalIntelligence Agency, the police HQ in Kinshasa,‘IPK’ the Inspectorate Provincial de Kinshasaand ‘CPRK’ Malaka central prison. Other detentionfacilities named by women include police stations,prisons and military camps.10 Given that Freedom from Torture’s remit includes victims oforganised violence, those who have been detained and torturedby non-state forces in the DRC (such as armed groups) would fallwithin this. The absence of such cases is therefore not an issueof remit.11 See for example, Human Rights Watch, op cit., November2008, for information about some of the state detention facilitiesmentioned in this section.See also, MONUSCO, Report of the United Nations Joint HumanRights Office (MONUSCO-OHCHR) On Deaths in Detention Centresin the Democratic Republic Of Congo, March 2013.38

Detention contextFigure 4: Detaining authority (where known), 42 episodesArmed Forces of the the DRC (FARDC)detaining authorityMilitary Intelligence Headquarters(ex-DEMIAP)Congolese National Police (PNC)National Intelligence Agency (ANR)Republican Guard (GR)Directorate General of Migration (DGM)Political profilePolice HQ, Quartier Général del la Police...GLM, Groupe Litho Moboti detention centre,...2 4 6 8 10 12 14 16 18Number of detention episodesFigure 5: Place of detention, Kinshasa, with reasonfor detention and year2ANR, National Intelligence Agency, KinshasaIPK, Inspectorate Provincial de KinshasaCPRK, Malaka central prison. KinshasaGombe police station, KinshasaEx-DEMIAP, military intelligence detention facilityLimite Police Station, KinshasaKin-Mazière, DRGS KinshasaGroup Speciale de Securite Presidential, Lemba,...Kibomango prison, Republican Guard, KinshasaKalamu prison, Kinshasa200620072008200920102011Camp Kokolo, KinshasaLuzumu prison, Bas CongoTata Raphael Stadium, Kinshasaairport, Kinshasahome/private address, Kinshasaunknown detention facility, KinshasaGender/Sexualityhome/private address, Kinshasaunknown detention facility, Kinshasa02 4 6 8Number of detention episodes39

Rape as torture in the DRC: Sexual violence beyond the conflict zoneAll the women arrested at one of Kinshasa’s airportswere transferred to other detention facilities.However three were first detained at the airportfor four hours, one day and four days respectively;one of these was raped repeatedly by soldiers whilein detention at the airport (see 2.4.1. for details).A number of detentions in Kinshasa took place inunofficial detention facilities (10 episodes). Forsome this was a secondary place of detentionwhere women described being held for a significantlylonger period of time and where interrogationand torture continued to be carried out. Thetwo women who were detained in Kinshasa at theinstigation of a commanding officer in the military,as a personal punishment for their ‘gender disobedience’,were both taken to unofficial detentionfacilities.In Kinshasa, four detention episodes took place inthe woman’s home or another private residence,where women were held by state security forcesand subjected to torture including rape.As Figure 6. below shows, in Bas Congo and ineastern DRC (North and South Kivu and Orientaleprovinces) women were mainly detained in knownstate detention facilities. Only one woman detainedin South Kivu was taken to an unofficial militarycamp and one woman in Bas Congo to an unknownprison. Another woman, detained in Kisangani wasdetained first in her home before being taken to‘Camp Ketel’.It is notable that the women in this study weredetained in a wide range of locations in and aroundKinshasa and elsewhere in the DRC and yet sufferedbroadly similar treatment (see Chapter 3 for evidenceof torture). Also notable is the fact that thefacilities in which they were detained are under thejurisdiction of all arms of the state security system,including the police, the military and the intelligenceforces. The findings of this study, includingthe detention conditions documented in this chapter(see 2.8. below) and the torture perpetrated onall the women detained in these state facilities (seeChapter 3), would therefore appear to indicate thatendemic abuse has been carried out with impunityFigure 6: Place of detention, Bas Congo and eastern DRC, with reason for detention and yearBDK memberCamp Moloyi, Bas CongoMatadi prison, Bas Congounknown prison, Bas Congohome/private address20062007200820092010Rebel supporter (imputed)2011‘Chien Merchant’ prison, GomaMunzenzi prison, GomaCamp Ketel, Kisanganiunknown army camp, South Kivuhome/private address01 2 3 4Number of detention episodes40

Detention Contextby state security forces rather than representingisolated incidents or the actions of rogue operatorsin particular detention facilities. These findingsboth corroborate and add to the findings of otherpublished reports on the operations of the statesecurity system in the DRC in these years. 122.7. Violation of due process duringdetentionAll 34 women were detained by state authoritieswithout due process according to internationalhuman rights standards; they were detained arbitrarily,tortured every time they were detained andthe vast majority were held incommunicado.2.7.1. Ill treatment en route todetentionIll treatment during arrest and en route to detentionwas reported by women in relation to morethan a third of the 60 detention episodes (40episodes). They described being beaten and/or assaulted,including being hit with rifle butts, rubbertruncheons and belts; being restrained face downin the back of a truck and kicked or stamped onby soldiers with army boots and being slapped orpunched. Some women lost consciousness as a resultof this treatment; others reported broken teethand injuries including split lips, cuts and/or bruises.One woman detained in eastern DRC was repeatedlyraped and threatened at gunpoint for a number ofdays while she was en route to detention. Two othersdetained in Kinshasa were subjected to sexualassault including attempted rape and molestation.… Soldiers stamped on them, kicked them withboots and struck them with rifle butts and withbelts. She describes pain and swelling as a resultof this. She also describes being injured during thisattack from a blow with a rifle butt and has a scarshe attributes to this. (MLR-DRC)12 See footnote 21 introduction section, Report of the UnitedNations High Commissioner for Human Rights, op cit., 2013,2012, 2010; Human Rights Watch 2013 Annual Report and AmnestyInternational Annual Report 2013 - Democratic Republic ofThe Congo.… She was handcuffed and pulled out of her house.She sustained a blow from behind, from an unknownimplement, and lost consciousness. (MLR-DRC)… Whilst in the back of the car, the men verballyabused her and threatened her, telling her shewould be killed. They beat her, spat at her andsexually assaulted her. She was incredibly frightenedand feared for her life. Once they arrived shewas flung out of the car and landed on the ground.(MLR-DRC)2.7.2. Lack of formal charge, access tolegal representation, trial in courtAll 34 women were detained arbitrarily for eachone of the 60 detention episodes. None had accessto a legal or judicial process, nor did they have accessto legal advice or representation at any pointduring their detention.Two women described some form of ‘charge’, ‘conviction’and/or ‘sentencing’, although these did notconform to international norms of due process ineither case. One woman said she was interrogatedin front of a ‘judge’ in the prison and sentencedto three years imprisonment, though the charge isnot known. The other received an informal hearingin the prison. It was conducted by soldiers and shewas charged with corrupting officials (paying bribesto escape detention) and bringing the country intodisrepute by claiming asylum in a European country.She was apparently ‘condemned to death’. Neitherof these women reported access to legal counsel.In all detention facilities women were mostly heldincommunicado. Those whose family members wereinformed of their detention said that this appearedto be primarily in order for them to bring themfood, or in order to arrange a bribe in exchange fortheir escape.241

Rape as torture in the DRC: Sexual violence beyond the conflict zone2.7.3. Interrogation and forced‘confession’Sixteen women reported being interrogated concurrentlywith torture, including five of the six womendetained in the Kivus and Orientale. The majorityof these women reported the interrogation tobe about their involvement and/or their partner/husband’s involvement in political opposition/witharmed groups. Three said they were interrogateddaily, while others said interrogation would happen‘frequently’, ‘weekly’ or ‘occasionally’.Two women detained in Kinshasa and Bas-Congoreported being forced to sign a statement duringtorture or before release; one did not see thestatement, the other was forced to sign an agreementto stop attending BDK meetings. In easternDRC one woman reported attempts to force herunder torture to sign a statement confirming thatshe was part of a particular opposition group,which she refused to do. Others reported attemptsto force them to give information, including thewhereabouts of family members, which they wereunable to comply with.2.8. Detention conditionsExtremely poor detention conditions were describedby those 30 women held in state detentionfacilities during one or more detention episodes,including in formal (named) and unofficial facilitiesadministered by the police, intelligence and/or militaryforces. 13 Women described being held alone orwith many others in cells that were insufficient insize and lacking in all appropriate facilities, in fouland unhygienic conditions, with little or no accessto light or fresh air or adequate food and water.Despite the injuries they sustained during tortureand despite the ill health they suffered as a resultof the harsh and inadequate detention conditionsmost women received no medical treatment whilein detention (see 4.1. for details of the physicalimpact of torture).13 Six women reported being held and tortured on at least oneoccasion in their home; two of these had been detained on otheroccasions in state facilities, see 2.6. Place of detention, fordetails.Of the 54 detention episodes in state facilities 14almost all were endured in conditions of eithersolitary confinement in a small, or very small, cell,or of over-crowding in a small cell with multiple occupants.Seven of the thirty women reported beingheld in a mixed gender cell, some in conditions ofextreme over-crowding. One woman described beingput in a men’s cell as a punishment, where shewas raped by two men before being returned to awomen’s cell by the guards. Women held in solitaryconfinement described being detained alone incells measuring between an estimated 1x1 to 2x3metres, in which they were either unable, or barelyable, to lie down. Other women reported beingheld in small cells (an estimated 3x4 metres) withnumerous other detainees, including up to twentyother people. In these conditions, detainees wereforced to remain sitting or standing or to take turnslying down.… She was in a small cell, no bigger than one metresquared. The walls and floor were concrete. Thefloor was wet with an unknown substance. (MLR-DRC)… The cell was very small, measuring approximatelyone metre by two metres with a toilet, whichwas a hole in the floor. There was no furniture inthe cell. There was not enough room to lie downand so she had to either stand or sit on the floor.(MLR-DRC)… She was put in a cell with many others. The cellwas very small, it was impossible to lie down or sitdown. There were no windows and no electricity soit was dark. Prisoners were obliged to urinate onthe floor so the floor was wet. (MLR-DRC)… She was put into a cell with a number of men.It had no furniture, toilet facilities or light. Therewas no room to sit. (MLR-DRC)14 The other six of the total 60 detention episodes took placein the person’s home or other private address, see 2.6. Place ofdetention.42

Detention ContextWith one exception cells were reported to be bare,unfurnished rooms. 15 Many women described thecells as foul smelling and contaminated with blood,faeces and/or urine. A few cells were reported tohave a hole in the ground or bucket for use as atoilet, but most had no toilet or washing facilities.Women reported having to sit or lie on the barefloor, which given the lack of toilet facilities orregular access to toilet facilities outside the cell,was often covered in urine and faeces or was wetfrom having been doused with water by the guards.No form of bedding was provided for most women,although four said that they were given some inadequatematerials to sleep on, including a soiled thinmattress, a sheet of cardboard and a piece of cloth.One woman reported that the floor of her cell wascovered in fine sharp gravel.small washroom where she was give a bucket ofwater to wash herself. Another woman said she wastaken to wash in a nearby river once a week.… Her festering wounds and unwashed body smelled“overwhelmingly” foul. She is not sure if she lostconsciousness or not, but she had reached the pointthat she could bear it no longer. (MLR-DRC)Just under half the women detained in state facilitiesreported being held in conditions of prolongedor constant darkness during at least one of theirdetention episodes, with no form of light in theircells (14 women in 17 detention episodes), while afurther ten said that there were no windows in thecell, giving them no access to natural light or freshair (10 women in 15 detention episodes).2… She was put in a room, approximately threemetres by four metres in floor area, together withmany other prisoners. There was no water forwashing and no toilet facilities so they had to usethe corner of the room as a toilet. They had tosleep on the floor. (MLR-DRC)…She was put in an underground room with manyother women. It was dark and very small and therewere no windows, just a hatch which the soldierswould shout through. It was hot, suffocating andcramped with no room to lie down properly. (MLR-DRC)… With many inmates already held there, it wasvery humid and damp, “you couldn’t breathe”,and so cramped that it was not possible for anyoneto sit down. She was forced to remain standingbecause of the crush of bodies and the urine on thefloor. (MLR-DRC)… She had no bedding or covers and water wasthrown across the floor every two days or so, suchthat her clothing was almost invariably wet. (MLR-DRC)Only eight women reported having any access towashing facilities and this was limited to occasionalaccess to a washroom or a bucket of water.One woman said that the guards would ask her formoney before they would allow her to wash with abucket of water; another said that she was allowedto wash twice a week but was taken to a very dirty,15 This individual was transferred to prison during their thirdepisode of detention, where cells were reported to contain bunkbeds and a sink.… The cell was dark and had no windows. Onlya small amount of light would pass into the cellthrough a small grille at the top of the door in thedaytime. (MLR-DRC)Seven women said that that they received no foodor water at all during their period of detention.Others who gave information about this aspect ofdetention said that they were given poor quality,inadequate food. Some said that they believed theirfood to be contaminated, for example with urine.Most described being given food irregularly or onlyonce a day; those who gave details described beinggiven biscuits, rice, bread, beans or bananas toeat.Many women reported infrequent access to waterand that the water they were given was dirty or insufficientin quantity. Some reported being raped orbeing forced to perform sexual acts before or afterbeing given food and/or water. One woman said was43

Detention Context2.9. Duration of detentionMost women were detained for three months orless with the largest number of detention episodes(21) being less than one week in duration. Of thosewomen detained for less than a week, most wereheld for several days, although six women weredetained for one day in a private residence or otherlocation and were tortured by state security forcesfor a number of hours (see 2.6. for details of placeof detention). Five women were detained for sevenmonths or more, while one woman was detained for20 months.2.10. Escape or release from detention2.10.1. Release from detentionTwenty six of the 60 detention episodes endedwith the woman being released without any formallegal or judicial process. In ten instances womenreported having been released with certain conditions,namely ceasing supporting opposition parties(MLC and UDPS) and/or taking part in demonstrations,campaigning or other forms of activism.Friends and prominent civil society activists successfullycampaigned for the release of one of thesewomen. On her release she was warned to ceaseall further campaigning activity and to leave theorganisation she was a member of, with the threatof being killed should she continue to be politicallyactive. Other women also mentioned having beenthreatened with further detention, torture and withdeath, should they continue with the activities thathad led to their arrest.One woman, who had been detained along withher husband due to his political activities and washerself interrogated and tortured, was releasedfrom detention under conditions of house arrestuntil he was eventually released. Another believedshe was released because she had been unable toprovide any information about the whereabouts oractivities of her husband who was a member of apolitical organisation. One women said that she hadwas released following the visit to her detentionfacility of a ‘human rights inspector’ who, havinglearned about her treatment, reportedly orderedher release.Some women described being released apparentlyspontaneously from detention without any explanationor warning; for example one was left outside ahospital and another was abandoned in an area onthe edge of Kinshasa:… Bleeding from her wounds, she was then takenoutside and initially left on the ground, beforea decision was made to take her to the hospital,where she was abandoned at the entrance. (MLR-DRC)2.10.2. Escape from detentionMost of the women who reported escaping from detentionwere assisted in some way. Only four womenreported escaping without help; one of thesewas detained in a military camp that was raided bymembers of an armed group, giving her the opportunityto escape. Another, who was being held in aprivate residence, escaped through a broken toiletwindow when her guard briefly left his post.Many women said that they had been able to escapefrom detention when someone in the detentionfacility offered their assistance. Mostly this was aguard or soldier who recognised a common ethnic ortribal origin, place of origin or who knew a friend ormember of the person’s family. In a few instancesit was a senior officer who arranged for the ‘escape’because of personal connections with a familymember or other associate. Two women said thatmembers of religious orders who had visited theirdetention facility had subsequently arranged fortheir escape with the assistance of prison guards.For all of these women it was not known if a bribehad exchanged hands. However, in two instances,women said they were forced to have sex with thestate official who arranged the release.245

Rape as torture in the DRC: Sexual violence beyond the conflict zoneMeans of escape described by women includedbeing transported out of the detention facility in atruck carrying dead bodies and dumped on the sideof the road, and being taken into the ‘forest’ withothers who were due to be executed and released.In 13 instances women reported that an escape wasarranged after a bribe was paid by a family memberor associate. Most of the women who got out ofdetention in this manner had been detained morethan once. Bribes were commonly paid to soldiersor guards but also to senior officers, including‘Commanders’. In one example, the Commanderhad agreed to facilitate her escape but demandedshe had sex with him first. When she refused heraped her. The following day he took her out of thedetention centre hidden in the back of his jeep inexchange for payment. She was told to leave thecountry immediately.2.11. Flight from the DRCHalf the 34 women left the DRC as soon as practicallypossible and within a month of getting out ofdetention - some women left immediately or withina matter of days of their release. Most escapeddetention with the assistance of family members orothers, who also arranged for their departure fromthe country to a safe destination. Some women saidthat family members had been visited by securityforces following their escape from detention andthreatened or detained.… She left the DRC as soon as travel arrangementshad been made by a member of her family aftershe was released from the last episode of detention.(MLR-DRC)Four women fled the DRC within six months of gettingout of detention and a further five women leftwithin 12 months. Only one person left the DRCmore than a year after getting out of detention.Of those who did not make immediate arrangementsto leave the country, some were laterprompted to do so by specific threats or incidentsthat indicated an imminent risk of re-arrest. Otherseventually decided to make arrangements to leavedue to ongoing fears for their safety and risk of furtherdetention. Three of these women had alreadybeen detained more than once.The majority of women (25) reported the use ofan agent or other person to assist them in leavingthe country. Some reported travelling with a falsepassport that was supplied by the agent or otherthird party and a few said that they disguised themselvesor pretended to be the wife of the agent inorder to travel. Some women reported travelling ortransiting through third countries before eventuallyreaching the UK.46

Figure 7: Incidence of specific methodsof ‘physical torture’, 34 womenrapebeatings and other assaultburningforced and stressed positionsstabbing and cuttingasphyxiation/suffocationelectric shock05 10 15 20 25 30 35Number of womenFigure 8: Incidence of sexual torture, 33women (at least one episode)rapeviolents to genitals/breastssexual molestationforced to masturbate otherforced removal of clothing/nakednessverbal abuse - sexualthreats of further sexual torture05 10 15 20 25 30 35Number of women

Evidence of Torture3Evidence of TortureThe evidence of torture presented here derivesfrom the medico-legal reports (MLRs) preparedfor these individual women by Freedom fromTorture doctors (see Introduction for details ofthe MLR documentation process and Appendixfor details of the research process).3.1. Methods of physical tortureThe torture documented in the MLRs and featuredin this report is presented in summarybelow and in further detail for each method oftorture. More general detention conditions arediscussed at 2.8. and the physical and psychologicalimpacts of torture are discussed in Chapter4.Methods of ‘physical’ torture described by the34 women in the study included:• Rape in all but one case• Other forms of sexual torture includingviolent assault to the breasts andgenitals, sexual molestations, forcedremoval of clothing, verbal abuse and/or threats of sexual violence in manycases• Beating, assault and other forms ofblunt force trauma in all cases• Burning including with cigarettes and/or heated implements in more than halfthe cases• Forced and stress positioning in morethan a third of cases and• Cutting or stabbing with sharp implementsin more than a third of cases• Asphyxiation and electric shock in a fewcases.In addition, these 34 women were subjected tohumiliation, threats and the trauma of witnessingthe abuse of others and to prolonged solitaryconfinement including being confined in thedark.3.1.1. Rape and other forms of sexualtortureThe most striking finding of the study is that 33 ofthe 34 women reported sexual torture – all wereraped and many were subjected to other sexualviolence and to sexual humiliation. Of those whowere detained more than once, the majority sufferedsexual torture including rape each time theywere detained.RapeOf the 33 women who were raped in detention,eight were raped once. All the other 25 womenwere raped more than once and most were rapednumerous times. Some women said that they wereraped ‘regularly’ or ‘repeatedly’ while detained,others estimated that they had been raped severaltimes a week; still others said that they were rapedon ‘countless occasions’ or on ‘occasions too numerousto recall’. One woman estimated that shehad been raped up to 30 times. Where they weredetained more than once, many women reportedbeing subjected to rape and other forms of sexualtorture during each of their detentions.The majority of women were raped by more thanone perpetrator. Only eight women reported rapeby only one man. Twenty women reported ‘gangrape’ involving from three to ten perpetrators ata time; many others were raped by more than oneperpetrator.... She was pushed to the floor and held down.She was then raped, both vaginally and anally. Shefound the anal rape intensely painful. This happenednumerous times. There were often severalmen in the cell who took turns to rape her. (MLR-DRC) 11 All excerpts presented indented and in italics are takendirectly from MLRs prepared by Freedom from Torture doctorsand included in this study. Where necessary potentially identifyingdetails have been omitted and/or wording has been changedin order to preserve anonymity. MLRs from which excerpts havebeen taken are identifiable to the researcher only.349

Rape as torture in the DRC: Sexual violence beyond the conflict zone... She was raped many times by the prison guards,so numerous that she is unable to recall the precisenumber. The guards regularly dragged her outof the cell, raped her and threw her back in again.Usually there was more than one rapist. If she resistedrape they inflicted other injuries. (MLR-DRC)Women reported being raped in their cells, beingdragged out of their cells to be raped and/or beingraped in interrogation rooms. One woman describedbeing raped in a room referred to as ‘O.B’ or ‘gynaecologyroom’, set up with an examination couchand stirrups. Some women who were detained intheir homes and other locations were raped there,including in front of children and other familymembers.and the ‘Chief’. Two women reported that the‘Commander’ had first offered to assist the womanto escape in exchange for sex - when they wererefused both were raped.Most women described being raped vaginally; manywere also raped anally and orally. Some describedbeing forced to swallow semen or being ejaculatedover. Some described being penetrated by instrumentsincluding batons, sticks and gun butts.... The soldiers took turns to hold her or rape her.When she tried to resist they beat her and forcedher harder. They tried to tie her legs with anythingthey could lay hands on to separate her legs. (MLR-DRC)While the majority of women described the perpetratorsas ‘soldiers’ or ‘guards’, six women describedbeing raped by commanding officers in thedetention facility. These were described variouslyas ‘The Commander’, the ‘General’, the ‘Officer’... Another time she was forced to the floor. Onesoldier pushed a weapon into her vagina, thrustingit in and out, which cut her and caused heavybleeding and she eventually lost consciousness.(MLR-DRC)Figure 9: Incidence of rape, 33 women who reported sexual torturerape onceraped on multiple occassionsone perpetratormore than one perpetratormultiple perpetrators (‘gang’ rape)vaginal rapeanal rapeoral rapenot specified05 10 15 20 25 30 35Incidence across the 33 women who reportedrape50

Evidence of Torture... She was gang-raped more than once. Each timeshe was raped throughout the day by differentgroups of soldiers. They raped her vaginally, anallyand orally forcing her to open her mouth and thenejaculating into it and forcing her to swallow thesemen. (MLR-DRC)The violence, sustained and repeated nature ofthese assaults were reported to have caused intensepain, bruising and bleeding and for some womenloss of consciousness and/or dissociation (see 5.2.1.for discussion of dissociation). Many women experiencedadditional forms of violence during rapeincluding being beaten. Four women were cut orstabbed as they attempted to resist or to defendthemselves. Some were tied up and raped or helddown by multiple perpetrators. Two women reportedbeing raped whilst pregnant – with their pregnancyknown to the perpetrators.Other sexual torturesOther sexual tortures included assaults to thebreasts and genital organs, sexual molestations,sexual humiliation, forced removal of clothing,verbal abuse and threats of sexual violence. It islikely that the incidence of these tortures reportedhere significantly under-represents the prevalencein reality. As explained at 3.1.2., women discloseddetails of sexual torture with great difficulty andmay not have been willing or able to enumerate ordescribe every incident that occurred during differentepisodes of detention and in some cases oversignificant periods of time. Disclosure of detailsof verbal abuse concurrent with rape is reportedby MLR doctors to be particularly traumatic andwomen often say they are unable to repeat whatwas said.Five women reported instances of sexual molestationincluding touching of breasts, buttocks andgenital area and four said that they were subjectedto verbal abuse of a sexual nature, often while beingraped. Three women reported being forced tomasturbate their guards and were beaten if theyrefused; they were then ejaculated on in the face,mouth or over their bodies.In many of the MLRs, doctor described the intensedistress experienced by the woman in recalling anddescribing the detail of these assaults. One womansaid that her third episode of detention had beenfar worse than the others and that she was simplyunable to describe what had happened to her - ‘itis too much, so many bad things happened there’.Others also struggled to give a detailed account ofthe rape and other sexual torture they had beensubjected to and were not pushed to do so by thedoctor due to the high risk of re-traumatisation.Physical and psychological impacts of rape andother sexual torture are discussed in Chapter 4.3More than half of the women (21) reported theforced removal of clothing, often being violentlystripped naked as a prelude to sexual assault. Assaultsto genital organs and breasts was reportedby six women; this included violent molestation ofbreasts, stabbing, biting and burning of breasts andbeing beaten with a baton, or in one case burnedwith a cigarette, in the genital area.51

Rape as torture in the DRC: Sexual violence beyond the conflict zone3.1.2. Beating and other assault (‘bluntforce trauma’)All 34 women in the study were subjected to bluntforce trauma of various forms (physical traumacaused to a body part, either by impact, injuryor physical assault). They described being beatenwith a variety of instruments and/or being kicked,stamped on, punched and/or slapped during alldetention episodes (up to five episodes). For somewomen this treatment started at the point of arrest,continued en route to detention and throughoutthe period of incarceration. Many were beatenand otherwise assaulted concurrent with rape orother sexual tortures, or while resisting sexual assault.The blunt instruments used to beat three quartersof the women in the study included:• heavy rubber truncheons known as ‘matraques’• flexible sticks known as ‘fimbos’• military belts made of webbing material,often with brass buckles and hooks, knownas ‘cordelettes’• gun butts• metal rods• whips and electric cables.Women also descried being trampled, stamped onand kicked with heavy metal-capped boots and beingthrown to the floor or against the wall or otherhard surfaces. Nearly a quarter also reported beingdragged along hard and abrasive surfaces, for exampleto and from their cell or across interrogationrooms or cells.... She was pushed to the floor and kicked, hit andbeaten all over her body with flexible corded belts,about 5cm wide, with metal at each end. She waskicked periodically to prevent her from sleeping.She was beaten with metal sticks and metal rodsand they pushed her forcibly against the wall, causinginjury. She was kicked with metal-capped boots.(MLR-DRC)... She was beaten to the ground with metal sticks,guns butts and fists. (MLR-DRC)... During both detentions she was punched, kickedand beaten with gun butts. She was also beatenwith flexible sticks. She recalls blows that resultedin bruising and one bleeding wound o. She also recallsbeing dragged across the floor and sustaininggrazes to her body. (MLR-DRC)Figure 10: Incidence of ‘blunt force trauma’, 34 womenbeaten with a blunt instrumentwhippedkickedpunchedslappedstamped ondraggedthrown to the floor05 10 15 20 25 30 35Incidence of ‘blunt force trauma’ in 34 cases52

Evidence of Torture... She was kicked and beaten with batons and hitwith the butt of a rifle. She heard a loud crunchingnoise and felt extreme pain. She was also whipped,which caused cuts to her limbs. (MLR-DRC)Common to these seemingly routine methods oftorture was the brutality of the assaults and thesevere pain inflicted on the victims. Although beatingswere most commonly inflicted on arms, legs,head and face, women reported being assaulted orbeaten on most parts of the body. One woman wasbeaten on the soles of her feet (falaka). Individualsdescribed pain, swelling and bruising and sometimesbleeding after beatings, resulting in scarringand other lesions for many women.... She was dragged along a corridor to the interrogationroom. She sustained bruising and grazes toher body. During interrogation she was kicked andpunched all over her body. She would be knockedoff the chair during the beating and the assaultwould continue whilst she was lying on the floor.(MLR-DRC)... She was beaten by the soldiers with their handsand with batons. She had bruising and a wound thatneeded to be stitched. The tissues surrounding hereye were so swollen that her eye was effectivelyclosed. (MLR-DRC)Though blunt force trauma may leave little or nophysical trace after a matter of weeks, unless theskin is broken, this form of torture produced thelargest number of lesions overall across the womenin this study, with 29 individuals having lesions attributedto this form of torture (see 4.1.1. for furtherdetails of physical evidence of torture). Elevenwomen reported loss of consciousness – for somemany times – during beatings and other torture includingrape, though it is not always clear whetherthis was due to head injury, pain or other causes.... During beatings she could be punched or kickedor beaten with lengths of plastic cable. The cablewas used to beat her on the soles of her feet. Shesometimes lost consciousness during these beatings.(MLR-DRC)This treatment was common for all women, irrespectiveof whether they were detained in Kinshasa,in eastern Congo or in Bas Congo and irrespective ofthe detention facility or detaining authority. Womenwho had been detained more than once describedbeatings and assault inflicted during every detentionepisode.3.1.3. BurningMore than half of the women in the study (18) wereburned as part of their torture; some suffered multipleburns and three women were burned on morethan one occasion with different implements. Burningoccurred in all three regions where women weredetained (Kinshasa, eastern Congo and Bas Congo).Most were burned with lit cigarettes, includingon their thighs, buttocks, back, arms, hands, andstomach. Five were burned by scalding liquid, threewith heated metal instruments including knives andirons and one by molten plastic being dripped ontothe skin. One woman had chilli rubbed in her eyesrepeatedly.... A heated metal implement was run across herbody causing a burn as it was applied to her bareskin. (MLR-DRC)... A lighted cigarette was held on her skin, to bereplaced by a second lighted cigarette held at thesame site. (MLR-DRC)Three women reported being burned either beforeor during rape to enforce compliance.Some women reported that the wounds from theburns took a long time to heal and became infecteddue to the insanitary conditions and lack of medicaltreatment. One woman who had chilli repeatedlyrubbed in her eyes said that her vision started todeteriorate to the point where she could only seeshadows and colour. All but two of these women hadlesions attributed to the burns they had described(see 4.1. for further details of physical evidence oftorture).353

Rape as torture in the DRC: Sexual violence beyond the conflict zone3.1.4. Forced or stress positioningFourteen women reported the use of forced orstress positioning, often concurrent with interrogationor other forms of torture, including beatingsand rape. The majority of these women weredetained in Kinshasa, with the others detained ineastern DRC. Women said that they were bound orrestrained for prolonged periods, including beingtied or handcuffed to a chair, post or to a fixturein the wall. One woman’s leg was bent back whenshe was tied to a post with sufficient force that shesustained a fracture. Some women reported beingraped while restrained in this way.... Some of the time she was left tied up. Herhands were tied to a place on the wall. She describesbeing forced onto her back on the floor,sometimes with her hands tied up behind her head.(MLR-DRC)... She was made to stand against a wall with herhands fastened to the wall above her head bystructures like handcuffs. Her wrists were securedwith a rope-like material. At other times she wasforced to sit on a chair, with her arms tied behindthe back of the chair with a rope. (MLR-DRC)Other forms of stress positioning included the placingof sticks between the individual’s fingers andthen squeezing the hand to cause pain. One womanwas forced to kneel on upturned bottle caps whileholding a heavy bucket of water above her head,causing intense pain and wounds to her knees.Another woman reported having a rope tied aroundher ankle, which went under the door of her celland was periodically pulled with sufficient force todrag her across the floor and slam her against thedoor.3.1.5. Stabbing, cutting and electricshocksTwelve women reported being stabbed or cut includingon their back, legs, arms, breasts, face andbuttocks, some more than once, with 17 instancesaltogether. All but one of these instances occurredin detention in Kinshasa; the other was in BasCongo. A knife was used to cut six women; otherwomen were cut by broken glass, a bayonet, and anunknown sharp implement. Four women reportedbeing cut specifically whilst resisting rape. Alltwelve women were found to have scars consistentwith the treatment they described.... One of the soldiers took out a knife and cut her,then stabbed at her when she attempted to defendherself and the wounds began to bleed profusely.(MLR-DRC)... She was beaten with something sharp that shewas unable to see. She repeatedly felt severesharp pains. She was wearing clothes and the sharpimplement(s) penetrated her clothing and toreher trousers. She sustained a number of bleedingwounds, which remained painful and continued toooze fluid for about a month. (MLR-DRC)Electric shocks were administered to two of thewomen detained in Kinshasa, one of whom describedbeing beaten with an implement that deliveredelectric shocks.3.1.6. Asphyxiation/ suffocationTwo women detained in Kinshasa reported the useof asphyxiation or suffocation techniques. One ofthese was held against a wall and choked in an attemptto get her to talk. The other had her headheld down a toilet.3.2. Methods of psychological andenvironmental tortureMethods of psychological and environmental torturedescribed by the 34 women included:• Sexual and other forms of humiliation inover three-quarters of cases• Threats of death, further torture and harmto others in nearly two-thirds of cases• Being forced to witness the torture of othersin 11 cases• Solitary confinement in 13 cases• Exposure to conditions of prolonged orconstant darkness in 11 cases.54

Evidence of Torture3.2.1. HumiliationThree quarters of the women in this study describedthe frequent use of humiliation, predominatelysexual humiliation, during their detention.The most common way that women were humiliatedwas by the forced removal of their clothing.Twenty-one women experienced this and manywomen were subjected to verbal abuse of a sexualnature at the same time.... She was forced to remove her clothes underthreat of death before being raped. (MLR-DRC)Other forms of humiliation included being spat on,ejaculated on and urinated on; being forced todrink urine; being watched whilst going to the toiletand being forced to dance semi-naked.3.2.2. Threats – of death, torture,prolongued detention and harm toothersThreats were commonly reported to have been usedto induce terror, to intimidate and in an attempt togain information from women about their politicalor other activities, or about those of family membersand others. However, it is highly likely that theuse of threats was so commonplace as to go unreportedin many cases and that the actual incidenceis far higher.For some the threats were explicitly linked to thewoman’s perceived support for opposition politicalgroups.... She was constantly threatened by the guardsthat they would kill her and throw her body intothe river because she had been caught speakingagainst the President. (MLR-DRC)Thirteen women specifically reported being threatenedwith execution or death, seven said they werethreatened with rape or further rape and six werethreatened with other forms of torture includingbeating and burning. Some women reported beingthreatened with death if they resisted rape, sometimesat gunpoint.One woman said that she was subjected to mockexecutions where a gun was held to her foreheadand she believed she was going to be shot. Otherthreats included threat of harm to family members,including children.One woman detained in eastern DRC was told thatshe would be tortured until she revealed where herhusband was; another was given false informationthat everyone in her tribe had been killed.3.2.3. Being forced to witness tortureor violence against othersTwo women detained in Kinshasa reported witnessingthe torture of other detainees including rapeand one woman detained in eastern DRC said shewas tortured alongside other women on a regularbasis. Other women said that they often heardthe sounds of others being tortured or in distress,including crying and screaming.One woman said that she heard gunfire after fellowprisoners were taken away. They never returned.Two other women (detained in eastern DRC and BasCongo) witnessed the shooting of their parents andsiblings in their home. One woman detained in BasCongo said she was forced to harm others. She wasmade to take part in the ‘initiation’ of new prisonersby hitting, punching and stamping on them asthey entered the cell. If any refused to do this, theythemselves were beaten.3.2.4. Solitary confinement andmanipulation of light and heatconditionsThe use of solitary confinement was relativelycommon among those women detained in Kinshasa –eleven women reported being held in these solitarycells, a third of those detained in Kinshasa. Onewoman was held in solitary confinement for the 35days of her detention. Others were held in solitary355

Rape as torture in the DRC: Sexual violence beyond the conflict zonecells for varying periods, ranging from several hoursto four weeks. One of the five women detainedin eastern Congo was held in a solitary cell andsimilarly one of the three women detained in BasCongo.Also relatively common were conditions of prolongedor constant darkness, where women wereheld in a cell with no windows and no artificiallight. Seven women detained in Kinshasa reportedthese conditions and two in each of eastern Congoand Bas Congo. Conversely three women wereexposed to conditions of constant bright light whenthey were forced to lie outside and stare directlyat the sun. Six respondents also reported exposureto constant excessive heat, due to the cramped andsuffocating conditions in the cell.3.2.5. Use of waterIndividuals reported having water thrown over themand over the floor of the cell, which ensured thatthey were constantly sitting or lying on a cold, wetsurface. Guards doused prisoners with water to deliberatelyto interrupt sleep and disorientate them.Sometimes they were woken from sleep in this wayto be taken for interrogation.3.3. Torture episodes3.3.1. Place of tortureThe majority of women in the study said that mostof the torture took place in the cell in which theywere held. However, nine women also reportedbeing tortured outside their cell in an interrogationroom on some occasions and a further sevensaid that they were taken to be tortured in anotherunidentified room. Other women said that theywere tortured in a variety of locations such as thegrounds of the detention facility and en route tothe interrogation room. Eight women reportedbeing tortured while held by state security forcesin their home or other private space; others weretortured while held in public places including in astadium in which a rally had been held and three infacilities at the airport.3.3.2. Identity of perpetrator/s oftortureThe names and specific identity of the perpetratorsof torture were unknown to the women in thisstudy (see Chapter 2 for a detailed description ofthe detention context, including detaining authorityand detention facilities). Most commonly womenreferred to the perpetrators as ‘guards’, ‘soldiers’and less commonly as ‘police’, ‘intelligence’ or‘officers’. Where perpetrators were identified asofficers, they were variously referred to as ‘Chief’,‘Major’, ‘Commander’ (all women detained inKinshasa) and ‘the General’ (a woman detained ineastern DRC).3.3.3. Frequency and duration oftorture episodesSeventeen of the 26 women detained in Kinshasasaid that they were tortured daily and sometimesseveral times a day while held in detention. Similarly,two of the women detained in eastern DRCreported daily torture; one said that all the womenwere beaten at 8am every morning before beingtold to sign papers at 10am. Many other women justsaid they were subjected to torture ‘frequently’,‘regularly’ or ‘repeatedly’ during different detentionepisodes. For most the duration of tortureepisodes was not stated or women reported that itwas impossible to estimate this as they had lost allsense of time. A small number estimated that eachsession lasted several hours, while three reportedspecific episodes of torture (gang rape) that lastedall day or all night.56

Impact of torture4Physical and PsychologicalPhysical and Psychological4.1. Physical impact of torture4.1.1. Forensic evidence, scars andother lesionsAll but one of the 34 women had forensic evidenceof torture documented in their MLRs in the form oflesions (injuries and wounds including scars). Theremaining woman had strong psychological evidenceof torture; she also had multiple lesions but due toher high level of cognitive impairment the doctorwas unable to assess these according to IstanbulProtocol standards. (Psychological evidence will bediscussed at 4.2)More than half the women had up to ten lesions,each of which were attributed to torture. Fifteenother women had significantly more, including fivewho had more than 20 lesions each, all of whichwere attributed to torture. For example, onewoman’s MLR records in the summary that she has59 lesions attributed to blunt force trauma alone(52 from beatings, three from being stamped onand kicked with heavy boots, two from blows withrifle butts and two from bite injuries). In addition,she had five lesions attributed to burns, one tobindings on her ankles, one to being cut with asharp implement. A total of 66 scars attributedto torture.For the purpose of the MLR, Freedom from Torturedoctors apply Istanbul Protocol guidelinesto describe the consistency of the findings of thephysical examination with the attributed causeof torture. 1Of the 34 women in the study, four had lesionsdescribed as ‘diagnostic’ of the attributedcause (they could not have been caused in anyway other than that described). Three of thesewomen had more than 20 lesions each that weredescribed as either ‘typical’ or ‘diagnostic’ ofthe torture they described. Seven women hadlesions that were assessed to be ‘typical’ of thetorture described (with other possible causes).Twenty-three women had multiple lesions thatwere assessed as ‘highly consistent’ with theform of torture they had described, meaning thatthe lesion could have been caused by the traumadescribed and there are few other possiblecauses. Further lesions were found on 24 womenthat were assessed to be at least ‘consistent’with the torture described, meaning that theycould have been caused in the manner described1 Istanbul Protocol, op cit., paragraph 187.4Figure 11: Forensic evidence of torture (lesions), 33 womencases with lesions attributed to torturecases with non-torture lesions1-5 scarscases with ‘DIAGNOSTC’ lesionscases with ‘TYPICAL’ lesionscases with ‘HIGHLY CONSISTENT’ lesionscases with ‘CONSISTENT’ lesions6-10 scars11-15 scars16-20 scars>20 scars010 20 30 4057

Rape as torture in the DRC: Sexual violence beyond the conflict zonebut are non-specific and there are other possiblecauses 2 (see 4.1.2. for information about forensicevidence arising from particular torture methods).Twenty-eight women had multiple lesions withdiffering levels of consistency with the attributedmethod of torture. For example some lesions wereassessed to be ‘consistent’ with the attribution ofbeating with a blunt instrument and others ‘typical’of burning with a heated metal implement. Ofthe six women with lesions assessed at one levelof consistency only, three had lesions assessed tobe ‘consistent’ and three ‘highly consistent’ withthe attributed causes of blunt force trauma and/orsharp force trauma. However, all these women hadsymptoms of genito-urinary disorders arising fromrape (see 4.1.4. for discussion of this). One womanhad conceived a child through rape and all were diagnosedwith post-traumatic stress disorder (PTSD)(three with depression as well) related to their historyof torture, including rape, in detention.As routinely noted by doctors in MLRs, while theforensic documentation of torture requires thatindividual scars and groups of scars are assessed for2 Istanbul Protocol, op cit.Doctors preparing MLRs for the purpose of asylum claims in theUK are obliged to consider specific alternative causes (accordingto life history and experience of the person) for lesionsassessed to be ‘highly consistent’, and ‘typical’ of the attributedcause of torture, according to current case law: (UKAIT)RT (medical reports, causation of scarring) Sri Lanka [2008]UKAIT 00009), available at: http://www.bailii.org/uk/cases/UKIAT/2008/00009.html.They are not required to enumerate other possible causes forlesions assessed to be ‘consistent’ with the attributed cause oftorture as these would be by definition too many, while lesionsassessed to be ‘diagnostic’ of the attributed form of torturehave no other possible cause.their level of consistency with the attributed cause‘...it is the overall evaluation of all lesions andnot the consistency of each lesion with a particularform of torture that is important in assessingthe torture story.’ 3 This process of evaluating theoverall evidence is adopted by Freedom from Torturedoctors and is further described in the IstanbulProtocol as follows:105. In formulating a clinical impression for thepurpose of reporting physical and psychologicalevidence of torture, there are six important questionsto ask:a) Are the physical and psychological findingsconsistent with the alleged report oftorture?b) What physical conditions contribute to theclinical picture?c) Are the psychological findings expected ortypical reactions to extreme stress withinthe cultural and social context of the individual?d) Given the fluctuating course of traumarelatedmental disorders over time, whatis the time frame in relation to the tortureevents? Where in the course of recovery isthe individual?e) What other stressful factors are affectingthe individual (e.g. ongoing persecution,forced migration, exile and loss of familyand social role, etc.)? What impact do theseissues have on the individual?f) Does the clinical picture suggest a false allegationof torture? 43 Istanbul Protocol, op cit., paragraph 188.4 Istanbul Protocol, op cit., paragraph 105.Figure 12: Physical evidence of torture (lesions) attributedto particular torture methods, 33 womenbeatingburningcutting/stabbingbinding05 10 15 20 25 30 35Number of cases with lesions58

Impact of Torture4.1.2. Forensic evidence arising fromparticular torture methodsThe method of torture that produced the largestnumber of lesions overall, due to the prevalenceof this form of torture, was beating with a varietyof implements causing ‘blunt force trauma’. Burningproduced proportionately the highest numberof lesions as almost all those burned had resultantlesions, though fewer women were subjected toburning.Twenty nine of the women had some or numerouslesions attributed to blunt force trauma. Instrumentsreported to have caused the lesions includedrubber batons (‘matraques’), rifle butts, sticks(‘fimbos’) and military belts (‘cordalettes’) (see3.1.2. for further details about this form of torture).Although all the women in the study weresubjected to beatings and/or other physical assaultsand the majority had lesions attributed to thistorture, blunt force very often does not produceenduring physical evidence. Whether it does, andthe type of lesions that endure, depends on manyfactors including the force of the blow, the part ofthe body hit (soft tissue or bone for example), thelength of time since infliction, whether the skin wasbroken, the healing process and/or the conditionsin detention.Just over half the lesions attributed to blunt forcetrauma were assessed to be ‘consistent’ with theattributed cause, which means that many othercauses are possible. However, 15 were assessed as‘highly consistent’ and three were assessed as ‘typi-cal’ of the attributed cause.Other than beatings, sixteen women had lesionsthat were attributed to burns, including with cigarettesand heated metal implements, and twelvehad lesions caused by cutting or stabbing with differentimplements, including a bayonet, knife, edgeof a gun butt and a sharp stick. It should be notedthat third degree burns and deep cutting or stabbingwill almost certainly produce scarring, whilefirst and second degree burns may heal completelyor persist only as a change in pigmentation.Three women had lesions attributed to positionaltorture or binding.According to the forensic documentation process,the clinical assessment of the likely cause of thisscarring will take into account information aboutthe type of implement used (or likely to have beenused where this is not known), the position of thescarring on the body, the situation in which theinjury was said to have been inflicted and the circumstancesin which the injury would have healed(detention conditions and access to medical helpfor example), in order to determine the level ofconsistency with the attributed cause of torture.Consistency of the lesions with the attributed causeof burning ranged from ‘consistent’ to ‘diagnostic’,with 14 of the 23 lesions attributed to burningassessed to be ‘diagnostic’, ‘typical’ or ‘highlyconsistent with the attributed cause (see Figure13. below). Similarly 12 of the lesions attributed to4Figure 13: Percentage of all lesions attributed to particular formsof torture, with IP consistencybeatingburningcutting/stabbing020% 40% 60% 80% 100%Percentage of all lesionsconsistenthighly consistenttypicaldiagnostic59

Rape as torture in the DRC: Sexual violence beyond the conflict zonestabbing or cutting with a sharp implement wereassessed to be ‘highly consistent’ with or ‘typical’of this cause.organs and/or anal area at the time of the documentationprocess that were attributed to injuriesinflicted during rape.4.1.3. Evidence of rapeDespite the particular difficulty in proving thecrime of rape (both the fact that penetration tookplace and that there was lack of consent) theforensic examination in relation to an allegation ofthis form of torture for the purpose of an MLR is asrigorous as possible, taking into account the willingnessof the individual to undergo intrusive examinationand the risk of re-traumatisation. 5 However,given that direct physical evidence of rape in theform of lesions on the genital organs and/or anus israre, the absence of such signs is not taken to implythat sexual violation has not taken place. 6... Examination of her genital area was normal. Itis uncommon to find lasting scars after rape as thegenital area is well supplied with blood and generallyheals very well. (MLR-DRC) 7During the MLR documentation process the presenceor absence of these signs is recorded andanalysed in the context of the individual history,including the circumstances of rape, detentionconditions, evidence of other torture, otherphysical signs and symptoms and the psychologicalpresentation and history 8 (see 4.2. for discussionof psychological evidence of rape and other tortureand Chapter 2. for the history and context ofdetention).MLRs for three of the 33 women in the study whohad been raped documented lesions on their genital5 See Burnett, A., Adlington, R., Sexually Transmitted Infectionsas a Consequence of Rape, in Peel, Peel, M. (ed), op cit., 2004,p 155: “... It cannot be over-emphasised that the benefit tothe patient of any investigation or aspect of examination mustbe weighed against the risk of exacerbating or prolonging thepatient’s distress, and should not be performed without theirfull, unhurried consent.”6 Clarke, op cit., p141- 143.7 All excerpts presented indented and in italics are takendirectly from MLRs prepared by Freedom from Torture doctorsand included in this study. Where necessary potentially identifyingdetails have been omitted and/or wording has been changedin order to preserve anonymity. MLRs from which excerpts havebeen taken are identifiable to the researcher only.8 Clarke, op cit., p133-144.... The scarring of her perineum is highly consistentof her account of rape. It could be the result ofchildbirth but in my opinion the former explanationis more likely. Bleeding and pain on defecation, accompaniedby sentinel tags and pain and spasm ofthe anal sphincter are signs of fissure-in-ano, whichis a common sequel of anal rape. 9 (MLR-DRC)Many women (including these individuals) reportedother physical signs and symptoms commonly associatedwith rape, including chronic pain and genitourinarysymptoms. See also 4.1.5. below, for detailsof physical injuries inflicted during rape, includingburns, blunt and sharp force trauma (caused byknife wounds, human bites and fingernails).4.1.4. Chronic pain and genito-urinarysymptoms attributed to rapeSeventeen women reported chronic pain and genitourinarysymptom patterns that, while not exclusiveto rape, are frequently associated with it. Thesecommenced after they were raped and persistedlong after their release from detention. The symptomsincluded: vaginal and anal bleeding, vaginaldischarge, lower abdominal pain, lower back pain,perianal pain, pain on passing urine, painful periodsand frequent headaches or migraines. In the caseof headaches, all of the women who associated theonset of this potentially ‘somatic’ symptom withrape (14 women) 10 also had other pain and other9 Clarke, op cit., p142: “Anal penetration usually requires moreforce because men and women who are raped can tighten theanal sphincter. If the rapist persists against resistance, anal rapecan tear the anal mucosa and cause heavy bleeding... Theseinjuries usually heal spontaneously and quickly. Anal rape maylead to anal fissure – a crack in the mucosa that fails to healand which gives intense pain on passing faeces ... Where objectshave been used to penetrate the anus, there can be scarring,and this may well have a distribution that is different from theone caused by anal fissures (which typically occur in the posteriormidline).”It should be noted, however, that while these are commonsequels of anal rape they are also not uncommon in the generalpopulation due to chronic constipation for example, so whilecorroborative they are not determinative.10 See Seltzer, A., Rape and Mental Health: the PsychiatricSequelae of Violation as an Abuse of Human Rights, in Peel, M.(ed), op cit., 2004, p 109:” ...Backache is a common symptomin women, and may relate to pelvic injury sustained during the60

Impact of Torturephysical symptoms more specifically attributable tothis cause.... She is suffering from intermittent lower abdominalpains. She suffers from perianal pain andshe often experiences a “burning pain” when shepasses urine. Her low back pain persists, occurringin bouts. She still suffers from pain in her groin,which can make it difficult for her to walk and candisturb her sleep. The pain is intermittent andbouts of pain last for days. She reports severe tensionheadaches, which occur frequently. (MLR-DRC)As reported by women in this study, both forcedpenetration and the struggle to avoid penetrationmay result in bleeding, bruising and pain in thevaginal or anal area, causing considerable discomfortwhen walking or sitting for a period of timeafter rape. 11... She suffers from constant headaches, low backpain and abdominal pains. She finds it difficultto sit still because of pelvic and anal discomfort.(MLR-DRC)... Immediately on release from detention shereported multiple bruises, abdominal pain andvaginal bleeding; for several days she experienceda lot of abdominal and back pain and had offensivesmelling vaginal discharge; she bled vaginally forthree days. She found it very painful and difficultto pass urine. (MLR-DRC)Due to the good healing properties of tissue in thegenital and anal areas nearly all such injuries generallyresolve quickly, albeit that in the context ofharsh detention conditions (described at 2.h) wherethere is no medical intervention and where furthersexual and other forms of assault are perpetrated,normal healing processes may be delayed or prevented.or of the base of the bladder, which lie close to thefront of the vagina. 12 If a bacterial infection develops(which, given the insanitary conditions of detentiondescribed in this study, is more likely thanin normal circumstances) women may experiencepersisting pain symptoms when passing urine andlower abdominal pain. If these symptoms do notresolve in a matter of days then antibiotics are generallyrequired; if the infection is not treated thereis a risk of complications. 13 Although some womensaid that their pain symptoms following rape hadresolved in time, nine women reported enduringlower abdominal pain, four of whom also reportedpersisting pain on passing urine. 14 Seven women alsoreported persisting lower back pain.Women in this study also commonly reportedchanges in their pattern of menstruation, includingincreased blood loss, increased pain and irregularperiods or periods that last longer than before.... Since the time of the rape she has had heavymenstrual periods and experienced bleeding afterintercourse. Lower abdominal pain and irregularmenstrual bleeding are not uncommon findings inwomen who have been raped. (MLR-DRC)Although stress is known to have a role in causingthese symptoms 15 , these and other pain symptoms12 Clarke, op cit., p143.13 Clarke, op cit., p142.14 “Note that STDs such as Chlamydia can also cause pain onpassing urine”: comment from Freedom from Torture doctorreviewing the report:15 Clarke, op cit., p 138; “...The menstrual periods are regulatedby hormones produced by several organs such as the thyroidgland and the ovaries. The output of hormones by these organsis, in turn, regulated by the pituitary gland that lies immediatelybeneath the brain and is intimately connected with it. Thischain of events explains why menstrual periods are sensitiveto mental state. If there is no detectable physical cause for achange in the pattern of a woman’s periods, it is reasonable toascribe the change, at least in part, to mental stress.”4Complaints of pain when passing urine are commonlyreported by rape survivors, including womenin this study, due to bruising of the urethral openingrape, or may be more psychologically determined. Another commonsomatic symptom is headache.”11 Clarke, op cit., p141.61

Rape as torture in the DRC: Sexual violence beyond the conflict zonedescribed above can also indicate pelvic inflammatorydisease. 16Sexually transmitted infections were reported bysix women. Two women had symptoms indicatingpelvic inflammatory disease 17 , one of whom wasreceiving treatment for this condition at the timeof the MLR.... Lower abdominal pain and vaginal dischargetogether with lower abdominal tenderness andpain on moving the cervix and tenderness in thevaginal fornices indicate pelvic inflammatory disease,which is due to sexually transmitted disease,common after rape. (MLR-DRC)... She was diagnosed with a pelvic inflammatorydisease and treated with antibiotics. Her symptomshave improved a little initially since the antibioticcourse but returned. She is currently on a secondcourse of antibiotics and awaiting the results ofvaginal swabs. (MLR-DRC)Two women were diagnosed with HIV, in both casesattributed to rape in detention. One of thesewomen was also infected with gonorrhoea andhepatitis B, attributed to the same cause. Onewoman was being treated for genital warts andvaginal discharge identified during screening forsexually transmitted diseases and another womanwas diagnosed with a urinary tract infection andwith hepatitis C. 1816 Burnett, A., Adlington, R., Sexually Transmitted Infections asa Consequence of Rape, in Peel, M. (ed), op cit., 2004 p158.17 Burnett, A., Adlington, R, ibid., p158: “... Pelvic inflammatorydisease (PID) is inflammation and infection of the uppergenital tract in women, typically involving the fallopian tubes,ovaries and surrounding structures. Most cases seem to resultfrom ascending infection from the cervix... It is believed thatthe cervix offers a functional barrier for the ascent of microorganisms.This barrier may be attributable to the propertiesof the cervical mucus plug. Anything that disrupts the integrityof this barrier, e.g. blood flow, during menstruation or miscarriage,or trauma due to instrumentation, will increase the riskof ascending infection. The following features are suggestive ofa diagnosis of PID: • Lower abdominal pain • Deep dyspareunia(lower abdominal pain during sexual intercourse) • Abnormalvaginal bleeding • Abnormal vaginal discharge. The pain associatedwith PID is typically bilateral low abdominal or pelvic, anddull in character. Irregular bleeding is common, occurring mostfrequently in cases of Chlamydia PID. Dysuria (pain on passingurine) is present in approximately 20% of cases.”18 Comment from Freedom from Torture doctor reviewing thisTwo women disclosed pregnancy arising from rape.One of these women suffered a miscarriage and theother carried the pregnancy to full term.4.1.5. Other injuries inflicted duringrape 19Many women said that they suffered beatings andother torture concurrent with rape. One womanhad 68 scars recorded in her MLR, 56 of which wereattributable to an episode of gang-rape duringwhich she was also tied up, beaten, burned, bitten,stamped on and kicked with heavy boots.Four women also had lesions attributed to knifewounds inflicted while attempting to resist rape andone woman had scars attributed to cuts from fingernails caused when she was forcibly held down bythe perpetrator during rape.... She has scars which are highly consistent withinjuries caused by deep pressure from a hand gripwhere the nails have penetrated and damaged theskin (she was forcibly held down by her assailantwhile he was raping her). (MLR-DRC)... The scars are typical of a mixture of stabwounds and more linear wounds from trying to pullaway from the knife. She attributes these scars toknife attacks when she tried to resist rape. (MLR-DRC)4.1.6. Loss of consciousnessLoss of consciousness may have a significant effecton cognitive function and memory and is thereforeexplored during the documentation process. 20Eleven women reported that they had been renderedunconscious at least once (and for some onmany occasions) during their time in detention.report: “Note that other causes rather than sexual contact tendto cause most hepatitis C although sexual contact is a risk factor.”19 For discussion of the incidence of genital and bodily injury inrape victims, see for example White, C.,& McLean, I., Adolescentcomplainants of sexual assault; injury patterns in virginand non-virgin groups, Journal of Clinical Forensic Medicine 13(2006) 172–180.20 Cohen, J., op cit., 2001, page 7.62

Impact of TortureAlthough it is not possible to determine whether allthese women were indeed rendered unconsciousor whether they had experienced a ‘dissociativeepisode’ (see 5.2.1. for discussion of dissociation),seven said that they were beaten on at least oneoccasion to the point where they lost consciousness.Four reported a specific blow to the head, from arifle butt or other implement that caused them tolose consciousness.... During her assaults, she sometimes lost consciousnessand remembers waking up suddenly onseveral occasions when cold water was poured overher. (MLR-DRC)Three women said that they lost consciousness duringrape, one of whom was concurrently stabbedwith a knife and another woman when she wasslashed across the back with an unknown implement.One woman said that she passed out afterdeveloping a high fever when in detention and anothersaid that she fainted when taken by her guardto a location outside the detention centre underthreat of execution and he fired his gun into the air.Only one of these women reported receiving medicalattention; in this case the woman was taken toa hospital outside the detention facility. Three othersmentioned that they were brought round whenwater was thrown over them; one reported that thishappened repeatedly. Another woman said that shesometimes lost consciousness when beaten and usuallycame round back in her cell.4.1.7. Pain symptomsTwenty-two women reported chronic pain symptomsassociated with torture. Those pain symptomsattributed by 17 women specifically to rape havebeen discussed at 4.1.4. Many of these womenas well as others also reported musculoskeletalpain due to beatings and other torture, includingback pain, pain in the arms and legs and joint pain(shoulder, hip, knees). Fourteen women describedpersistent ongoing headaches and/or migraines thathad commenced after they were detained.She has had pain in both legs and difficulty in walking..She cannot walk for even ten minutes withouthaving to stop because of the pain. (MLR-DRC)... She has constant headaches. Her head is toopainful to touch, even to fix her hair. She wondersif the head pain may be a consequence of beingbeaten and kicked in the head. She also complainsof pain and reduced range of movement since beingstabbed. (MLR-DRC)Pain is known in some instances to be a ‘somatic’symptom that is largely psychologically determinedwith no obvious physical cause, for example arisingfrom severe trauma. Pain symptoms may thereforebe one manifestation of the ongoing psychologicaldistress that torture survivors such as the women inthis study must endure (see 4.2. for details of thepsychological impact of torture). This can includeheadaches and back pain as well as other ‘nonspecificaches and pains’. 21 However, in a contextwhere the individual has been tortured, includingraped, MLR doctors are trained to be alert to thestrong possibility of neuropathic pain (pain due tonerve damage), underlying injury to the musculoskeletalsystem and/or underlying infection andinjury due to rape when pain is reported. 224.1.8. Acute injury/symptomsOne woman suffered a fractured leg as a result oftorture in detention when she was tied to a postwith her leg forced behind her. Her leg was setin plaster in the DRC on release from detention,though she reports ongoing pain and weakness inher leg since that time, particularly after walking.Another woman sustained injuries to her kneeswhen forced to kneel on upturned bottle caps for asustained period while holding a heavy load aboveher head, for which she is now being treated withsteroid injections and awaiting surgery. A thirdwoman reported injury to her eyes in detention andsubsequent deterioration in her vision. Although it21 Seltzer, A., Rape and Mental Health: the Psychiatric Sequelaeof Violation as an Abuse of Human Rights, in Peel, M. (ed), opcit., 2004, pp108-109.22 Seltzer, Ibid.4... She has back pain and has to sleep on the floor.63

Rape as torture in the DRC: Sexual violence beyond the conflict zonehas subsequently emerged that eye disease maybe the primary cause of the loss of sight and someother symptoms, the doctor notes that these mayhave been exacerbated by having chilli repeatedlyrubbed into her eyes and eye infections resultingfrom having her head flushed down a toilet andsemen ejaculated into her eyes during torture sessions.4.1.9. Referral and treatment forchronic and acute physical symptomsAccording to the information made available to ourdoctors, 21 women had either been referred to orwere awaiting treatment or had been medicallytreated in the UK by statutory health care providersfor ongoing physical symptoms associated withtorture as described in the sections above.Only thirteen women reported receiving treatmentin the DRC for physical injuries or symptoms (otherthan those due to rape) associated with torture indetention. This treatment ranged from hospitalization,visiting a doctor or nurse to traditional herbalmedication given by family or friends. Of thosewomen who did not seek medical attention, threespecifically said they did not do so because theywere fearful it would lead to their detection orfurther detention.Only four women reported receiving any treatmentfor physical injuries or symptoms due to rape in theDRC. Three women received treatment in hospitalor were given antibiotics by their doctor; threewomen also reported treating symptoms themselvesat home with over-the-counter medication orherbal remedies. Some women said that they hadnot sought medical attention because of the shamesurrounding rape and because of fear of beingfound by the authorities… She did not seek medical advice as she wasfrightened that this might alert the authorities toher hiding place. (MLR-DRC)… She did not seek medical advice because she feltashamed about what had happened to her but shetreated herself with medicine bought from a pharmacy.(MLR-DRC)4.2. Psychological impact of rape andother forms of torture 234.2.1. ‘Early adjustment and long termconsequences of “persecutory” rape’ 24Context of ‘persecutory rape’The pre-existing state of mind of those who aresubject to ‘persecutory rape’ (rape that occurswithin a framework of systematic human rights violations)is highly relevant when considering the consequencesfor mental health of this form of torture.This is determined by the context within which rapeoccurs and can substantially affect the capacity ofthe individual to cope with and adjust to the actitself, and may predispose a person to longer termpsychological ill-health.In countries such as the DRC where conflict and politicalinstability are the norm, lawlessness, terror,displacement and loss can cause an altered psychologicalstate in people exposed to these conditions,characterised by fear, high arousal or apathy. Thiswill affect their resilience and increase their vulnerabilityto the effects of subsequent trauma.Those who are in detention will be in a physicallyand psychologically compromised state before therape occurs. In the DRC they are likely to have beensubjected to interrogation, beatings and other physicaltortures and forms of psychological torture suchas humiliation, insults and threats to themselves orfamily members. This, combined with likely traumaat the point of arrest and conditions of detentionthat breach internationally agreed norms - includinginsufficient access to food and drink, solitaryconfinement or conditions of over-crowding, sensorydeprivation and poor or non-existent sanitary facilities- is likely to bring about an altered psychologicalstate, before rape occurs.23 See Istanbul Protocol, op cit., paragraphs 141-149, for discussionof common psychological responses to torture.24 The following section is drawn directly from Seltzer, A., opcit., in Peel, M. (ed), op cit., 2004, p99-107, with kind permissionfrom the author. All text that appears in section 4.2.1. initalics or in ‘quotation marks’ within a sentence is directly citedfrom this source. All other text is summarised from the originalsource. Examples from the current study have been added by theauthor of this report.64

Impact of Torture…There may be a pre-existing state of high arousal,fear and hyper-vigilance in the detainee, coupledwith an inability to control or escape the conditionsthat are causing this state. There may be apathyand depression; or equally, a fluctuation betweenthe two states.Factors that may affect the impact of rape on theindividual in the immediate aftermath include thelength of detention - how soon the person wasreleased after the rape/s occurred - and whetherthey were subjected to an ongoing situation wherethe rape may be repeated a few or many times, byone, several or many perpetrators.... [I]t is well recognised that there is a “doseresponse”relationship between trauma and posttraumaticpsychological ill health; in other wordsthe more extreme a traumatic event, or the moretraumatic events an individual is exposed to, themore likely it is that a disorder such as PTSD willsupervene, and this has been demonstrated for survivorsof torture. ... The upshot is that the previouslystressed or traumatised are likely to be lessresilient and consequently more vulnerable to theeffects of subsequent trauma.In the longer term, the socio-political and culturalcontext into which the person is released will alsohave a significant bearing on the consequences ofrape for an individual, including the stability andsecurity of the environment and whether there isaccess to forms of redress and to appropriate medical,legal or welfare services. Also highly relevantare socio-cultural attitudes to women and to rapethat may shape an individual’s coping responses. Inthe DRC where a notoriously high incidence of rape(in conflict and non-conflict contexts) sits alongsidea strong societal stigma attached to rape and torape victims - who have virtually no access to redress,support and medical attention - recovery willnot be facilitated. 2525 See for example: Human Rights Watch, Soldiers Who Rape,Commanders Who Condone - Sexual Violence and Military Reformin the Democratic Republic of Congo, July 2009; Oxfam Internationaland Harvard Humanitarian Initiative, Now, the Worldis Without me: An investigation of sexual violence in easternDemocratic Republic of Congo, April 2010; Yakın Ertürk, UNThe context of ‘persecutory rape’ also includes thefact that this form of torture is ‘much more than anindividual act of sexual violence’....It is likely to be part of a systematic, consciousand deliberate attempt to humiliate, punish andcontrol not only the individual victim, but thewhole group or class to which the perpetratorperceives the victim to belong. It is not the act of a“dysfunctional individual”, but of a “dysfunctionalsystem”... in the context in which persecutory rapes occur,the victim knows for a fact that she has little orno chance of redress or justice, either formal orinformal – and it is indeed one of the primary aimsof torture to instil in the victim a sense of hopelessness,powerlessness and despair, with the wideraim of perpetuating persecution or subjugation of atargeted population.Victims may have the sense that they were ‘targeted’in this way because they are women but alsobecause they are a member of a particular class orgroup within their society.... It was not simply a matter of being victimisedfor being women, as might be argued for randomrape; rather it was that their gender determinedthis as the way in which they were victimised,giving rise to the double trauma of a) being persecutedb) through rape.Difficulties faced by those who flee their countryand seek asylum compound the other factors describedabove. For example separation from lovedones, anxiety about events back home, languagebarrier, difficulties with the immigration system andwith accessing healthcare and legal and welfareadvice as well as racism and hostility in the hostcommunity, can all in themselves have an adverseeffect on mental health.Special Rapporteur on Violence against Women, its causes andconsequences, Violence against women in armed conflict: Thecase of DRC, 2008 and UNHCHR, Report of the Panel on Remediesand Reparations for Victims of Sexual Violence in the DemocraticRepublic of Congo to the High Commissioner for Human Rights,2011.465

Rape as torture in the DRC: Sexual violence beyond the conflict zoneConsequences of ‘persecutory rape’The more complex the context and experience ofrape the more likely it seems that psychologicaladjustment will be adversely impacted, both inthe immediate aftermath and in the longer term.As with both ‘random rape’ and torture, PTSD anddepression are found to be the predominating psychiatricdisorders in survivors of ‘persecutory rape’,often co-existing and particularly severe in theirsymptoms.... Other psychiatric disorders may also be presentand may coexist. These are most likely to be anxietydisorders, including panic attacks and phobicdisorders, dissociative disorders and somatoformdisorders. Other possible consequences are eatingdisorders or substance misuse.• DissociationSurvivors of sexual violence and in particular thosewho have undergone systematically repeated experiencesof rape in the context of ongoing imprisonmentand other torture, such as many womenin this study, often use dissociation as a way ofcoping.... [They] learn to manage the otherwise uncontrollabledistress of being repeatedly violated by“switching off” and consciously deadening all emotionalresponses to the act, both during and after.Both dissociative flashbacks and dissociativeepisodes are frequently observed among womenwho have survived ‘persecutory rape’. However,while dissociation may be a necessary and valuablesurvival mechanism in the short term, as a form ofcoping it can have adverse consequences for futurepsychological adjustment and is well-recognisedas one of the key risk factors for developing laterPTSD.Characteristic features of PTSD in survivors of ‘persecutoryrape’ include:• Flashbacks, intrusive thoughts or images... [F]lashbacks, intrusive recollections or imagesusually relate to the rape or particularly salientaspects of the rape. The content of nightmaresis commonly rape-related and usually recreatesthe affect associated with the rape, such as terroror helplessness. Almost all victims experienceprofound and sometimes uncontrollable distress ifexposed to people or circumstances that remindthem of their ordeal.Common triggers are official buildings or interviews,and officials of any sort, particularly if maleand wearing uniform. Seemingly innocuous eventsor objects can trigger panic, such as the colour ofsomeone’s hair, or a particular smell. The smell ofsweat is often a potent reminder.• Symptoms of avoidance... There may be a wide range of symptoms ofavoidance, from being unable to recount the rapein any detail so as to avoid experiencing distress,to a more complex symptom array, such as avoidanceof looking at one’s naked body either directlyor in the mirror, or avoidance of clothes whichemphasise shape or sexuality, symptoms which maynot be volunteered spontaneously, but which arefrequently present. There may be patchy memoryfor details of the event (particularly if any loss ofconsciousness is associated with the rape). Thereare likely to be strong feelings of shame or guilt.• Sleep disturbance, hypervigilance and irritability... On-going sleep disturbance is virtually universal,although not pathognomonic in itself of PTSD.Symptoms of hyperarousal may manifest themselvesas hypervigilance, a subjectively unpleasantwatchfulness, especially toward strange men, or incircumstances or situations which act as remindersof the rape. Equally, there may be pronounced irritability,with apparently unpredictable outburstsof anger. Mothers commonly report lack of patiencewith children, to the extent that child protectionissues may have to be considered where there isrisk of actual neglect or violence towards them.66

Impact of TortureThis is likely to be exacerbated by the cramped andinadequate living conditions experienced by manyasylum seekers.• Impaired concentration... Some degree of impaired concentration is againvirtually universal, although not pathognomonic.This impairment can significantly hinder integrationinto a country of exile, as it affects the abilityto learn a new language. It can be so severe thatnormal daily functioning is almost impossible. Manywomen, for instance, report losing their way whenout, forgetting to attend to cooking so that pansburn, or being unable to organise themselves to dothe simplest tasks.Dominant features of depression might include:• Affective changes: low mood and changesin self-perception... There is likely to be persistent, unvarying lowmood, accompanied by characteristic cognitivechanges, i.e., changes in the ways in which theindividual thinks about her or himself and theworld. Most commonly there will be strong feelingsof worthlessness or low self-esteem, linked tochanges in self-perception, with the self viewed as“damaged goods” – despoiled, contaminated andunworthy of love, nurture or respect. Hopelessnessand pessimism are common.vii) Somatic changes: poor appetite, disturbedsleep and impaired concentration... There may also be noticeable somatic changes,such as poor appetite and loss of weight. Thereis likely to be disturbed sleep, the characteristicdisturbance being waking in the early hours of themorning and being unable to fall back to sleep.Concentration is likely to be impaired, often soseverely that there can be major difficulties inacquiring, retaining and recalling information efficiently,which can lead the sufferer to concludethat there must be some underlying organic problemsuch as a brain tumour.• Suicidal ideation... In the most severe cases, there may be persistentthoughts of suicide, or actual attempts.• Sexual dysfunction... Sexual dysfunction is highly prevalent, with atleast one study citing around 30-40% of survivorsexperiencing one or more forms of dysfunction andclinical experience suggests that, for many, sexualdysfunction is severe and long lasting, especiallywhen the survivor is not in a well established andcaring relationship. It could be argued that sexualdysfunction is merely a symptom of an underlyingdisorder (for instance, it could be construed asavoidance according to PTSD criteria, or arise outof the general anergia of depression). However, itis likely to be of profound significance to the sufferer,affecting the capacity to form or maintainintimate relationships, and interfering with anintegrated sense of self.Although it may be possible to diagnose PTSD and/or depression in survivors of ‘persecutory rape’using internationally recognised criteria, ‘in manyways these diagnoses do not do justice to the fullrange of psychological disturbance that may beencountered, nor to its complexity’.... none of these diagnostic systems gives sufficientweight to the defining characteristic of persecutoryrape, namely that it occurs in a context of systematichuman rights abuse.4.2.2. Psychological impact of rapePsychological responses described by the women inthis study and specifically attributed to rape andother sexual torture included persistent nightmaresand flashbacks to the rape as well as intense andprofound feelings of shame and guilt, of dirtiness,of their body no longer being the same, of lowself-esteem and of worthlessness. Some womendescribed feeling somehow responsible for whathad happened to them, as though they should havebeen able to prevent rape, and unable to discloseto family members as a result.467

Rape as torture in the DRC: Sexual violence beyond the conflict zoneWomen also described a persistent inability to trustmen and a fear of men, sexual dysfunction, includingthe loss of the idea of sex as enjoyable and fearof rejection by society at large and those close tothem, should they disclose their history of rape.Women described the relational impact of rape,including loss of libido, avoidance of intimacy dueto a sense of shame, feelings of being ‘unclean’ andflashbacks triggered by sexual intercourse.... She experiences frightening nightmares whereshe relives her sexual assault. She has unpredictabledaytime flashbacks of the sexual assault.When she is alone and not occupied, vivid memoriesof her experiences involuntarily enter hermind, causing her distress leaving her with a badheadache. (MLR-DRC)... She feels anxious and fearful all the time. Sheremains in a state of almost permanent alert asif the danger of being raped might return at anymoment. She has frequent flashbacks which areusually intrusive unwanted images of men and ofbeing raped. She feels ashamed and rejected; shefeels a deep sense of shame because she has beenviolated. (MLR-DRC)... She has very low self esteem and said “I feelhumiliated; all my confidence is gone; I feel a differentperson”. (MLR-DRC)... She has a persisting sense of shame about beingraped, which makes her feel that she can nevertell anyone “because maybe they’ll think I let ithappen.” Although rationally she knows it was nother fault, she says “in some way, I am the one toblame.” (MLR-DRC)... She described psychological symptoms characteristicof rape victims, including feelings ofFigure 14: Symptoms of PTSD, 34 womenRe-experiencingrecurrent intrusive recollectionsflashbacks & relivingrecurrent dreams, nightmaresintense distress at internal/external cuesAvoidanceavoidance of thoughts, feelings, activitiesassociated with traumainability to recall aspects of traumadiminished interest, enjoyment, detachmentHyperarousaldifficulty falling, staying asleep/ insomniairritability, outburst of angerdifficulty concentratingpoor memooryhypervigilance, exaggerated startle responseanxiety symtoms680 5 10 15 20 25 30 35Number of women reporting PTSD symptoms

Impact of Tortureshame, beliefs that she would be laughed at andscorned if her violation were known and that shewill be forever unacceptable to men and on theperiphery of society, together with a sense thather body is no longer the same and even that herperson has been negated. (MLR-DRC)4.2.3. Psychological evidence oftorture: symptoms of PTSD anddepressionAll 34 women in this study presented with symptomsof post-traumatic stress disorder (PTSD)related to their history of torture, including rape,in detention. Of these, 19 women had symptomsreaching the diagnostic threshold according to theICD-10 Classification of Mental and BehaviouralDisorders, according to the examining doctor. 26 Inaddition, ongoing symptoms of depression directlyrelated to the history of detention and torture were26 World Health Organisation, The ICD-10 Classification of Mentaland Behavioural Disorders (Geneva 1994).reported by 31 women, of whom 19 had symptomsreaching the diagnostic threshold for depression.The most common symptoms of PTSD and depressionreported by the women in the study were difficultyfalling asleep/ staying asleep/ insomnia (all 34women) recurrent dreams/ nightmares (31 women),depressed mood (27 women) and flashbacks/ relivingof the experience (29 women). Twenty womenreported ideas of self-harm or suicide, persistentfor some, while two women had self-harmed or attemptedsuicide.... She has many symptoms of PTSD and depressionresulting from the trauma to which she wassubjected. She feels she has “changed”. She cannotstand noise, isolates herself even from her childrenand feels as though her head is “empty”, asif she has no balance. She finds it difficult to sleepand has persistent nightmares since the rape; shewakes up in fear with palpitations and sweating.(MLR-DRC)Figure 15: Symptoms of depression, 34 womenlow moodreduced activity, increased fatiguelimited emotional affect4sexual disfunctionloss of appetitedifficulty falling asleepideas of guilt, unworthinessdifficulty concentratingbleak or pessimistic view of the futuresense of foreshortened futuresuicidal ideationsuicide attempts/self harm05 10 15 20 25 30 35Number of women reporting depression symptoms69

Rape as torture in the DRC: Sexual violence beyond the conflict zone... She has no joy in her life and does nothing tomake herself look good. She feels overwhelmed,weeps frequently and has nothing left to enjoyexcept her children. When she thinks of harmingherself she thinks of them. (MLR-DRC)... She has frequent flashbacks in which she re-experiencesthe rape (two to three times per week);she feels shame, thinking others know what hashappened to her and fears anyone who reminds herof the perpetrators. (MLR-DRC)... She repeatedly said that she is tempted to harmherself when she feels very low but that the counsellingand care she has received since coming tothis country has given her ways to cope with theseurges and she has not self harmed since she cutherself on arrival to this country. She stated she isnot currently actively planning to harm herself oranyone else in any way, but seeks out company orgoes for a walk every time she feels like self harmingwhereupon she feels better. (MLR-DRC)4.2.4. Lack of access to treatment formental health conditionsAccording to information made available to ourdoctors, 23 of the 34 women had been referredfor treatment, were awaiting treatment or were intreatment for depression and/or PTSD symptomsat the time when their MLR was prepared and werereceiving medication and/or psychological therapiesfrom statutory health care providers. A total of 13women were either awaiting treatment services,receiving treatment services, or had completedtreatment (psychological therapies) at Freedomfrom Torture during the period when their medicolegalreport was being prepared. None of thewomen reported receiving treatment in the DRC forpsychological symptoms due to rape, and only onereported receiving treatment for torture-relatedpsychological symptoms whilst in the DRC.70

Conclusions5Conclusions: congruence of clinical evidence and attributionof tortureIn the clinical opinion and concluding observationsof the 34 MLRs, examining clinicians drew togetherthe salient elements of the account of detentionand torture and the clinical evidence that may ormay not have supported this history. This included:• Summary of the history and torture methodsdescribed• Physical findings including lesions and theirconsistency with the attributed cause oftorture, or lack of physical findings withclinical reasons• Presence of lesions attributed by theperson to other causes (non-torture),demonstrating no attempt to embellish theaccount• Psychological findings, including symptomsof PTSD and depression related or unrelatedto the history of detention and torture,with clinical reasons• Mode of narration of the history includingdemeanour and affect, level of detail andconsistency of the account or lack of these,with clinical reasons• Possibility of fabrication or embellishmentof the account of torture, or of alternativeexplanation for the clinical evidence.In all 34 cases clinicians found there to be sufficientphysical and/or psychological evidence to supportthe account given, and overall congruence betweenthe clinical findings and the history of detentionand torture in the DRC in the given period.571

Recommendations6Recommendations6.1. IntroductionThis report highlights the prevalence of rape andsexual violence against women as forms of tortureamong the cases under review. We believe that forrecommendations to be effective in successfullytackling the torture documented in this report, it isimperative to consider both specific issues pertainingto rape and sexual violence and the linksbetween such acts and torture. First, rape andother serious forms of sexual violence may amountto crimes of torture in themselves (as recognizedin international law). Second, legal, policy andinstitutional frameworks related to the fight againstsexual violence in the DRC on the one hand, andthose pertaining to addressing torture in the DRC onthe other, should be strengthened and applied in amore integrated manner. Third, broader structuralproblems related to torture and the Congolesesecurity services, including the weaknesses of thejustice system and the pervasive impunity of stateagents, should also be addressed.The set of recommendations below are informedby the evidence documented in this report and bythe lived experiences of Congolese women who aresurvivors of torture and former clients of Freedomfrom Torture.From the perspective of this group of Congolesewomen survivors the torture documented in this reportis inextricably linked with wider issues, notablythe long-running conflict in eastern DRC, even if, asin most cases in this study, the torture was committedhundreds of miles away in Kinshasa and otherareas far from the ‘conflict zone’. According to thisgroup of women, ‘the conflict affects everything inthe country’. They described complex ties betweenarmed groups and politicians in Kinshasa and considerthat political instability connected with theconflict makes those in power insecure and intolerantof even peaceful political opposition. Torture isused in this context against women (and men) asa means of supressing dissent.When asked about their recommendations toaddress torture, including sexual torture, againstwomen in the DRC, this group of Congolese womensurvivors pointed first to the pressing need forthe government, the UN, and the internationalcommunity in general to redouble efforts tobring an end to conflict in the country once andfor all and to focus on building ‘a strong, stable,responsible government that listens to and actsin the interests of the people’.‘Our first call to the government and to theinternational community is for an end to theconflict.’The general dysfunction of government in theDRC, exacerbated by the conflict, was identifiedby the women as a key cause of the torturepractices described in this report. The groupnoted that, spurred by the international community,the government has made progress in recentyears on torture and sexual violence ‘at leaston paper’. While they welcomed new laws andpolicies tackling these problems - such as theenactment of the 2011 law criminalising torture,the ‘zero tolerance’ policy and the 2006 law onsexual violence, the 2009 National Strategy tocombat gender-based violence and the ‘action’plan on violence against women - they werescathing about poor implementation.‘The situation for women is the same as before.There are no suitable structures in placefor the implementation of the law and policy.The relevant government Ministries whoshould be carrying out the work are not doinganything in practice.’673

Rape as torture in the DRC: Sexual violence beyond the conflict zoneThe women also described systemic problems withthe law enforcement and security sectors. Theyemphasised that the wages of members of the militaryand police are insufficient, and not regularlypaid, which breeds corruption and exploitation ofvulnerable people for gain. The chronic weaknessof the justice system means that those who committorture are not held to account and victims have noeffective access to redress. Detention facilities areso poor that they ‘are not fit for humans’.The women also described the particular problemsconfronting women survivors of sexual torture owingto the intense stigma that attaches to rape andsexual violence in Congolese society and the lack ofrehabilitation services for them. Because Congolesewomen who have survived such abuses find it sodifficult to talk about what has happened to them,they tend not to seek help, even if it is available.This often leads to mental health problems thatcause behaviour that may be interpreted by othersas ‘madness’ or evidence that the woman is a‘witch’. This reinforces the stigma that attaches tosurvivors and compounds their isolation from theirfamily and community.“Even if they are able to tell others aboutsexual violence they have suffered, many womenare not aware it is possible to get medicaltreatment. Even if they are, in Kinshasa thereare no government facilities that do this specialistwork. Counselling and other such servicesare not available; people rely on supportfrom friends and family but this is problematicwhen the issue is rape and sexual violence.The result is that women who have been rapedare suffering from the long-term psychologicalconsequences (as well as the potentially severephysical consequences) without support.’ (survivorcomment)Freedom from Torture, the Survivors Speak OUT!network and this group of Congolese women survivorsconsider the following specific recommendationsas paramount to address the findings of thisreport.6.2. Recommendations for the DRC‘Structures that can support the implementationof law and policy need to be put in place by theDRC government, or the existing structures providedwith adequate resources to carry out theirmandate effectively. It needs to be made clearwho is responsible and how they are accountable.’(survivor comment)On 23 September 2010, the DRC signalled its commitmentto torture prevention by becoming a partyto the Optional Protocol to the Convention AgainstTorture (OPCAT). More than three years later, however,it has still not fulfilled its obligations underthis instrument to put in place a system of regularvisits to detention facilities by independent internationaland national bodies in order to preventtorture and ill-treatment of detainees.1. The DRC should comply with its obligationunder OPCAT to establish or designate anational body for the prevention of tortureand ill-treatment to undertake regularvisits to detention facilities and publishrecommendations for improving the protectionof detainees. Among other things thisnational body should ensure that detentionconditions comply with the UN StandardMinimum Rules for the Treatment of Prisonersincluding the segregation of womenfrom men and access to adequate food andwater and medical services.2. The DRC should welcome a monitoring visitas soon as possible by the UN Subcommitteeon Prevention of Torture (SPT), theinternational inspection body set up underOPCAT, and implement any recommendationsthe SPT makes for improving detentionconditions and torture preventioninitiatives in the DRC.The DRC has been a party to the UN ConventionAgainst Torture since 1996 but has fallen behindwith its obligation to report every four years to theCommittee Against Torture (CAT), the UN body setup to oversee implementation of this treaty. TheDRC’s next periodic report to CAT is now five yearsoverdue, which means CAT has not examined theDRC’s implementation of this treaty since 2005.74

Recommendations3. The DRC should submit without furtherdelay its next periodic report, consideredas its consolidated second to fourth reports,to the UN Committee Against Tortureand respond to the List of Issues prior tosubmission of this report transmitted to theDRC by CAT in March 2009. 14. The DRC should issue a standing invitationto all thematic special procedures of theUN Human Rights Council and welcome visitsas quickly as possible by the UN SpecialRapporteur on Torture and the UN WorkingGroup on Arbitrary Detention.While cases of rape and sexual violence as forms oftorture were committed mainly in official detentionfacilities, the persistence of unofficial detentionfacilities falling outside any judicial scrutiny, andwhere cases of rape were reported, contribute tothe continued pattern of torture. As stated by AmnestyInternational in 2011, and as established bythe findings of this report, despite President Kabila’sdecision to close all such detention facilities in2006, they continue to be operated by military andother security services. 25. The DRC should take concrete measures toensure the 2006 decision to close all unofficialdetention facilities is implemented andthat persons suspected of operating thosefacilities are investigated and prosecuted.6. The DRC Government, notably through theMinistry of Transport and the Ministry ofthe Interior, should ensure that only thoserelevant security services that have anofficial mandate are present at the N’DjiliAirport to limit the risk of arbitrary arrestsof Congolese citizens returning fromabroad.In July 2013 the UN Committee on the Eliminationof Discrimination Against Women (CEDAW) reviewedthe DRC’s record on discrimination against women.Sexual and other forms of violence against women,including torture, committed by state actors fromthe military and police was a major focus of theexamination. CEDAW placed a heavy emphasis onthe need to ‘ensure the effective implementa-1 CAT/C/DRC/Q2.2 Amnesty International, The Time for Justice is Now: Newstrategy Needed in the DRC, 2011, p. 52, available at: http://www.amnesty.org/en/library/asset/AFR62/006/2011/en/6cd862df-be60-418e-b70d-7d2d53a0a2d4/afr620062011en.pdftion, including through the provision of sufficientresources, of the 2006 Law on Sexual Violence, the2009-2013 National Strategy to combat genderbasedviolence, and the “zero tolerance policy”’and made a number of specific recommendationsabout the need to prosecute and punish perpetratorsand provide victims with redress. The followingrecommendations have been developed based onCEDAW’s concluding observations 3 .‘There is no effective and independent body inthe DRC to provide the necessary services forwomen survivors of sexual violence. Survivors oftorture need legal services as well as appropriatemedical treatment (including screening forsexually transmitted infections, abortion counsellingand abortion where required for pregnanciesarising through rape), counselling and otherrehabilitation services.’ (survivor comment)‘People in the DRC are not educated and informedabout the issue of sexual violence and itsconsequences for women and for their familiesand communities. The government has failedto address this. Women and girls who are survivorsof sexual violence are accused of being“witches”, due to the mental health impact oftheir experiences and changes in their behaviour.Such women should be supported and protected.’(survivor comment)7. The DRC should fully implement the 2009National Strategy to combat gender-basedviolence and its related action plan. Specifically:8. The DRC should launch a national campaignto educate the public about the government’scommitment to eradicate and endimpunity for sexual violence and encouragereporting of acts of sexual violence sothat they may be properly investigated.The campaign should include informationabout the consequences of sexual violence,tackle the stigma that currently attachesto survivors, and advise survivors about3 CEDAW, Concluding observations on the combined sixth andseventh periodic reports of the Democratic Republic of the Congo,CEDAW/C/COD/CO/6-7, 30 July 2013, available at: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fCOD%2fCO%2f6-7&Lang=en756

Rape as torture in the DRC: Sexual violence beyond the conflict zone17. The DRC should end impunity for tortureby providing effective remedies tovictims, ensuring that all acts of tortureare prosecuted and that perpetrators arepunished. Women survivors of torture inhowto access services, including rehabilitationand legal services.9. The DRC should provide the mechanismthat the Government claimed to haveestablished as part of its national strategywith adequate resources to deliver holisticcare to victims.10. The DRC should implement the fullrange of measures related to monitoringand evaluation as envisaged in the NationalAction Plan of the National Strategy toCombat Sexual Violence and require keygovernment departments - including theMinistry of National Defence and FormerCombatants, the Ministry of the Interior,Security, Decentralisation and CustomaryAffairs, the Ministry of Public Health, theMinistry of Social Affairs, Humanitarian Affairsand National Solidarity, the Ministry ofJustice and Human Rights, and the Ministryof Gender, Family and Children - to issueregular public reports on concrete actionsthey are taking to implement laws andpolicies designed to prevent torture andsexual violence and present evidence ofthe outcomes of these actions.Despite the fact that the legislative and policyinstruments in the DRC aimed at combating sexualviolence, as well as the relevant institutions in theDRC working in that field, do not refer to sexualviolence as amounting to torture, this reportstresses the need to consider the implementationof those instruments and the functioning of thoseinstitutions, in conjunction with those related tothe prevention and protection against torture,including the implementation of the law criminalisingtorture.11. The DRC should implement the 2006Law against sexual violence and the relatedpolicies to ensure that these considerrape and sexual violence as torture andthey are linked to the implementation ofthe law criminalising torture.12. The Ministry of Justice and HumanRights, as well as other relevant Ministries,such as the Ministry of Gender, FamilyAffairs and Children, should consider thetwo sets of laws and policies, on sexualviolence and torture, in conjunction witheach other, including when organizingcountry-wide outreach campaigns fordefence and security forces and prisonservice officials on the law criminalisingtorture. Specific training should be providedfor judges to ensure that their decisionsreflect the classification of rape as torture,including in determining the amount ofcompensation due to the victims.13. The national, provincial and local jointtechnical coordination committees tocombat sexual violence, and the provincialand local commissions to combat sexualviolence, should integrate the law criminalisingtorture in their activities.‘Sanctions against perpetrators of sexual violenceare often ineffective and the judicial institutionsare too weak and lack sufficient independenceto ensure that court decisions are put intoeffect.’ (survivor comment)14. The DRC should ensure that its legal systemenables survivors of torture to obtainredress including compensation and rehabilitation,as required by the UN ConventionAgainst Torture. Specialist legal andhealth services, including legal aid, mustbe developed and strengthened throughoutthe country to support women who havesurvived sexual forms of torture.15. In particular, the DRC Government andParliament should ensure that the draftlaw creating a fund of compensation forvictims of rape specifically considers victimsof rape amounting to torture to ensurecompensation is sufficient and adequatelyreflects the full range of harm caused. TheDRC Government and Parliament shouldtake measures to finalise and adopt thisdraft law and should provide adequatefunding and resources to make this fundeffective.16. The Government of the DRC shouldensure that judicial decisions are enforced,including court-ordered compensationsagainst the State, by removing all obstaclesand providing adequate resources to judicialstaff and relevant authorities.76

Recommendationsvolved in these processes must have accessto legal services that are free of chargeand gender-sensitive.18. More broadly, the DRC should ensurethat efforts to reform the justice systemand the security sector fully integrate thespecific situation of survivors of rape andsexual violence amounting to torture andthat concrete measures are taken, includingin the field of improving prison conditions,judicial control over all detentionfacilities, and vetting security servicesinvolved in acts of torture.6.3. Recommendations for theinternational community1. Member states of the UN and, in particular,members states of the African Union, andthe UK and other donor countries involvedin initiatives supporting the reform of thejustice system and the security sector,should increase pressure on the DRC to prioritisetorture prevention (including sexualviolence as a form of torture) by, amongstother things, (a) expeditiously complyingwith its (i) obligations under OPCAT toestablish a system of domestic and internationalinspections of detention facilities;and (ii) reporting obligations under theUN Convention Against Torture; and by (b)arranging regular visits by the UN SpecialRapporteur on Torture and the UN WorkingGroup on Arbitrary Detention.2. The international community should ensurethat UN and other international initiativesaimed at tackling violence againstwomen in the DRC are not restricted tothe ‘conflict zone’ in eastern DRC and alsoencompass violence against women bystate actors in Kinshasa and other partsof the country, especially where such actsamount to torture in detention facilities.These initiatives should expressly recogniseand integrate the fact that sexual violencein the DRC amounts to torture in certaincircumstances.6.4. Recommendations for the UKgovernment1. The Foreign and Commonwealth Office(FCO) should ensure that the PreventingSexual Violence Initiative (PSVI) acknowledgesthe role of the conflict in normalisingsexual violence and sexual forms of tortureagainst women outside the ‘conflict zone’in the DRC and ensure that the PSVI programmeis not restricted to eastern DRC.The FCO should commit to integrating theprevention of sexual violence into its workto ensure its longevity. In particular, thestrengthening of international assistanceand support to survivors, which is one ofthe PSVI’s key objectives, should extend tovictims of rape as a form of torture.‘We welcome the PSVI and thank the ForeignSecretary for this important initiative. Wewould like to see the results of the actions takenas part of the PSVI, particularly in the DRC.We would like the vision of the PSVI and themeasures taken under the initiative to be extendedbeyond those regions in the DRC directlyinvolved in the conflict to the whole country,including Kinshasa.’ (survivor comment)2. The Department for International Developmentshould continue to support projectsin the DRC aimed at (i) reforming the securitysector to promote respect for humanrights; and (ii) strengthening the justicesystem to ensure that perpetrators of tortureare prosecuted and punished.3. The Foreign Secretary should maintain adirect dialogue with DRC ministers abouttorture of women and sexual violence, includingthrough the PSVI June 2014 Summitin London, which relevant DRC Ministerswill attend, and should find opportunitiesfor survivors to participate in this dialogue,4. The FCO should ensure that its next HumanRights and Democracy Report includesreference to forensic and other evidence oftorture, including sexual forms of torture,committed by state actors both within andoutside the conflict zone.‘The Home Office should listen to the accountsof women who have been detained and subjectedto torture, including sexual torture in the DRC.’(survivor comment)677

Rape as torture in the DRC: Sexual violence beyond the conflict zoneThere is a lack of cross-departmental consistencybetween the position of the FCO on sexualviolence, on the one hand, and the practice andpolicy of the Home Office on the other. Freedomfrom Torture continues to see women (and men)who are survivors of torture, including sexualtorture, detained by the Home Office and, in somecases, forcibly removed from the UK.5. The Home Office should update its asylumpolicy on the DRC as a matter of urgencyto include a specific section on womenthat considers claims based on sexualor gender based violence. Asylum policyguidance and practice should specificallyrecognise (i) the high incidence of sexualviolence outside the conflict zone; (ii) thatthe use of rape and other forms of sexualviolence by state actors is widespread;and (iii) that sexual violence as a form oftorture is extensively used against womendetained in the DRC. The Foreign Officeshould be asked to review this policy guidanceto ensure that it is consistent with itsown Preventing Sexual Violence Initiative.6. The Home Office should take note of theevidence contained in this report and updateits Country of Origin Information andits asylum policy and practice to recognisethe risk of torture for women on return tothe DRC.78

AppendixFreedom from Torture’s Country Reporting Programme– research design and methodThe purpose of Freedom from Torture’s CountryReporting Programme is to investigate systematicallyand report on torture perpetrated in particularcountries, using specific criteria relevant to thecountry in question, with a view to holding statesaccountable for torture practices using internationalhuman rights mechanisms.The source for Freedom from Torture’s research ontorture practices in particular states is individualmedico-legal reports (MLRs) prepared by the organisation’sindependent Medico-Legal Report Service(known as the Medical Foundation Medico-LegalReport Service).MLRs are considered a primary data source sincethey provide both first-hand testimony of tortureand direct evidence related to that testimony inthe form of clinical data. They are detailed expertreports that document, through an extensive andforensic process of clinical examination and assessment,an individual’s history of torture andits physical and psychological consequences. Theyare prepared by specialist clinicians – who act asindependent experts in this task to assist decisionmakersin the context of asylum and other legalproceedings – according to standards set out in the‘UN Manual on the Effective Investigation and Documentationof Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment’, known as theIstanbul Protocol.The possibility of fabrication of evidence is explicitlyconsidered by our clinicians when preparingan MLR. As set out in the Freedom from Torturemethodology paper ‘Methodology Employed in thePreparation of Medico-Legal Reports on Behalf ofthe Medical Foundation’, our clinicians ‘criticallyassess the account given in relation to the injuriesdescribed and the examination findings, in the lightof their own experience and the collective experienceof colleagues at the Medical Foundation, andmay decline to write a report if the account andfindings do not correlate’.The research design for the Country ReportingProgramme includes the following phases for eachparticular country:1) A preliminary review of:i) Literature about torture practices andthe human rights context for the particularcountry.ii) Progress and outcome of monitoring andaccountability procedures relating tothe practice of torture in the particularcountry, currently underway or undertakenin the past, as well as opportunitiesto contribute to such processes inthe future.iii) Country of origin information (UKBACountry of Origin Information Report),country specific policy (UKBA OperationalGuidance Note) and case law relevant tosurvivors of torture from the particularcountry.iv) Available research data in the form ofFreedom from Torture MLRs for clientsfrom the particular country, includingthe total number of completed MLRs anda review of a randomly selected pilotsample.2) Internal cross departmental consultation via aproject working group, whose members includeclinical, legal, policy/advocacy and communicationsstaff, Survivors Speak OUT! network membersand, for this project, Congolese women who aresurvivors of torture and former clients of Freedomfrom Torture, leading to:i) A decision on the focus of the research(for example torture perpetrated withina specific date range or a particular‘victim’ profile).ii) Case selection according to relevantcriteria defined by the focus of the researchand the availability of MLRs withconsent to use for research purposes onan anonymised basis.79

Rape as torture in the DRC: Sexual violence beyond the conflict zoneiii) Definition of the required data set andpreparation of the research databaseand coding strategy in accordance withthe scope and focus of the researchand the particularities of the specificcountry; both qualitative and numericdata is collected and recorded to enablean accurate representation of thedata in numeric and tabular forms, aswell as detailed description of particularfeatures of the data, for examplethe focus of interrogation of those witha particular profile, the use of specifictorture methods or the manifestationof post-traumatic stress disorder (PTSD)symptoms in survivors of rape or otherparticular forms of torture.3) Data collection: comprising a review of each individualMLR included in the study and the collectionand systematic recording of the relevant data foreach on the prepared database.4) Systematic analysis of aggregated, anonymiseddata, both qualitative and numeric.5) Further analysis of sub-sets of data according topotentially relevant factors: i) age ii) year of detention,iii) detaining authority, iv) place of detention(province), v) type of detention facility (police,military, intelligence) and vi) reason for detention.6) Reporting of the research findings including:i) A description of findings observed acrossall cases, drawing on qualitative andnumeric data.ii) A description of findings relating toparticular sub-sets of the cases, such aswomen or those of a particular religious,ethnic or political profile.iii) Analysis and description of particularfeatures of the data (as a whole or datasub-sets) drawing on numeric data.7) Review process including reviews of the draftreport by Freedom from Torture clinical, legaland policy staff, Survivors Speak OUT! members,Congolese women who are survivors of torture andformer clients of Freedom from Torture and externalreviewers as required.8) Further analysis of research findings and drawingup of recommendations to relevant bodies, includingUN agencies and the UK Foreign Office (FCO).9) Publication and dissemination of the report.Collaboration with survivors of torture from theDRCIn line with Freedom from Torture’s commitment todeveloping survivor participation in all areas of theorganisations’ work, including the Country ReportingProgramme, members of the Survivors SpeakOUT! network (SSO) have been involved at everystage of the DRC project, actively participating inthe project working group, consulting on the recommendationsand reviewing drafts of the report.Congolese women who are survivors of torture andformer clients of Freedom from Torture also activelyparticipated in the project working group.Their lived experience informed the recommendations,and they also reviewed drafts of the report.SSO will also be involved in the dissemination of thereport and in advocacy and communications workrelated to the project.80

Freedom from TortureFreedom from Torture (formerly known as the Medical Foundation for the Care ofVictims of Torture) is a UK-based human rights organisation that exists to enablesurvivors of torture and organised violence to engage in a healing process to asserttheir own human dignity and worth and to raise public and professional awarenessabout torture and its consequences.As one of the world’s largest torture treatment centres we provide rehabilitationservices to survivors including psychological therapy and physiotherapy; and ourspecialist doctors prepare forensic medico-legal reports (MLRs) that are used in connectionwith torture survivors’ claims for international protection and in our countryreports as a collected evidence base to hold torturing states to account.Since our foundation in 1985, more than 50,000 survivors of torture and organisedviolence have been referred to us. In 2013 Freedom from Torture provided treatmentfor 1,015 clients from 53 different countries. Every year our Medico LegalReport Service (still known as the Medical Foundation Medico Legal Report Service)prepares between 300 and 600 medico-legal reports for use in UK asylum proceedings.www.freedomfromtorture.orgTel: 020 7697 7777Fax: 020 7697 7799Freedom from Torture111 Isledon RoadLondonN7 7JWRegistered charity no: England 1000340, Scotland SC039632Freedom from Torture is grateful to Freshfields Bruckhaus Deringer(www.freshfields.com) for funding the printing of this report.