Ugandan lawyer sues DRC over prisoners' rights violation

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Ugandan lawyer Steven Kalali has filed a case against the Democratic Republic of Congo (DRC) at the East African Court of Justice. The lawyer alleges human rights violations at Makala Central Prison in DRC's capital Kinshasa.

In a suit filed on Thursday, October 31, 2024, against the DRC Minister of Justice, the lawyer alleges that a prison break attempt occurred at Kinshasa’s overcrowded Central Prison of Makala on September 1 and 2, 2024, resulting in the deaths of over 100 individuals and rape of many women.

Kalali alleges that the DRC government has perpetrated multiple human rights violations against inmates, including overcrowding, sexual violence against female detainees, physical abuse, and other forms of mistreatment.

▪️ 129 dead in DR Congo jail break attempt: govt

Kalali argues that the deplorable living conditions at Makala Prison violate the East African Community (EAC) Treaty and various international human rights laws.

The case, submitted to the First Instance Division in Arusha, Tanzania, aims to hold the DRC accountable as an EAC partner state.

The lawyer states that Makala Central Prison was built with a capacity of 1,500 inmates but at the time of the unfortunate incident, the facility was holding around 14,714 prisoners.

“At the time of the attempted prison break, the respondent officials at Makala prisons were keeping in detention both child/minor inmates together with adult inmates in violation of set international standards,” he purports.

According to Kalali, a staggering 77% of female prisoners (269 of 348) were raped, as documented by the United Nations Population Fund.

Kalali argues this failure to ensure the safety of female inmates is a violation of international agreements on women’s rights as well as the restricted access to legal and civil support following the attempted escape since legal representatives and civil organisations have been denied access to detainees ever since the botched escape.

The lawyer further states that in Makala prison, minors are detained with adults, something he claims endangers young detainees and breaches international standards.

Prayers

Kalali seeks a court order from the East African Court of Justice, directing DRC to upgrade its prison conditions and compensate affected inmates.

He seeks a declaration that the actions of the officials of the respondent in causing the loss of life of unarmed inmates violated Article 7 (2), 6 (d) and 5 (3) (f) of the EAC Treaty.