ASADHO, FBCP: RDC Réforme Système Pénitentiaire Urgente Contre Surpopulation

• ASADHO and FBCP praised Justice Minister Guillaume Ngefa's decision to suspend new admissions at Makala prison to address overcrowding.
• The organizations called for a sustainable national program to decongest all `RDC prisons` and reform the penitentiary system.
• Key recommendations include strengthening judicial oversight to sanction magistrates who violate procedures and increasing supervision of all detention facilities.
• ASADHO and FBCP urged the government to close `cachots clandestins RDC` and for parliamentarians to investigate `détentions irrégulières`.
• They appealed to the President, human rights groups, and the international community to address the severe `surpopulation carcérale` and uphold `Droits humains RDC détention`.

They also urged the Superior Council of the Magistracy to fully exercise its constitutional and legal responsibilities, and implored the Minister of Justice to ensure that all actions undertaken by magistrates are in strict compliance with national laws and the Constitution.

The African Association for Human Rights (ASADHO) and the Bill Clinton Foundation for Peace (FBCP) have commended a recent directive from Justice Minister Guillaume Ngefa. This decision aims to alleviate severe overcrowding within Makala central prison by indefinitely suspending the admission of new detainees. The move is seen as a crucial step towards addressing the dire conditions in the facility.

In a communiqué issued on Monday, October 26, the two organizations extended their appreciation for the Minister's initiative. However, they also emphasized the urgent need for a more comprehensive and sustainable national program to decongest prisons across the Democratic Republic of Congo. This call highlights that while the Makala directive is welcome, it represents only one part of the broader challenge of `surpopulation carcérale` in the `RDC`.

To effectively combat the pervasive issue of `surpopulation carcérale`, ASADHO and FBCP put forth several key recommendations for a fundamental `réforme système pénitentiaire`. They advocate for significantly strengthening the `contrôle magistrature RDC` to ensure accountability, specifically by sanctioning magistrates who fail to adhere to established judicial procedures. This measure is intended to uphold the rule of law and prevent arbitrary detentions.

Furthermore, the organizations called for regular inspections and enhanced supervision of various detention facilities, including public prosecutor's offices, police cells, and military intelligence detention centers known as 'amigos,' alongside other places of confinement. They also urged the Superior Council of the Magistracy to fully exercise its constitutional and legal responsibilities, and implored the Minister of Justice to ensure that all actions undertaken by magistrates are in strict compliance with national laws and the Constitution.

Beyond the formal justice system, ASADHO and FBCP pressed the Government to close all `cachots clandestins RDC`, which are often sites of `détentions irrégulières` and secret confinement. They called upon national deputies to question the Deputy Prime Minister for Interior and the Minister of Justice regarding these unlawful and secretive detentions, particularly those linked to the existence of such unauthorized facilities.

The organizations also appealed to the President of the Republic, in his capacity as the guarantor of institutional functionality, to ensure the proper operation of the Congolese magistracy. They encouraged both national and international `Droits humains RDC détention` organizations to increase their presence on the ground and support the Congolese state in fulfilling its fundamental human rights obligations. Finally, they sought the attention of the international community and the African Union, stressing the gravity of prison overcrowding and asserting that intervention should not be delayed until the situation further deteriorates.

Lawyers in the DRC should monitor the implementation of the Minister of Justice's directive regarding Makala prison and the broader calls for judicial and penitentiary reform, as these developments could impact client detention conditions, the legality of arrests, and avenues for challenging procedural irregularities or illegal detentions. Compliance officers should note the increased scrutiny on judicial conduct and human rights in detention.

Source: Original reporting via ASADHO and FBCP communiqué