DRC Minister: Makala Prison New Admissions Suspended amid Overcrowding

• The DRC government has suspended new admissions to Makala prison in Kinshasa due to extreme overcrowding.
• This urgent measure was announced via a circular from the Minister of Justice and Keeper of the Seals.
• The ban on new detainees at Makala prison took effect following the circular's receipt on October 22, 2026.
• An "exceptional judicial derogation" is the only condition under which new admissions may still occur.
• The decision addresses a critical capacity crisis within Kinshasa's primary correctional facility.

The government of the Democratic Republic of Congo has enacted an emergency protective measure in response to the severe overcrowding crisis at Makala prison in Kinshasa.

The government of the Democratic Republic of Congo has enacted an emergency protective measure in response to the severe overcrowding crisis at Makala prison in Kinshasa. This critical situation has prompted authorities to temporarily halt the intake of any new detainees, signaling a significant intervention in the management of the correctional facility. The decision underscores the extreme pressure on the prison's infrastructure and resources, which has reached a breaking point.

This immediate suspension of new admissions to Makala prison was formally communicated through a circular issued by the Minister of Justice and Keeper of the Seals. The directive, which reached Radio Okapi on Thursday, October 22, 2026, explicitly forbids the processing of any incoming individuals into the facility. This drastic step reflects the gravity of the Kinshasa Makala prison overcrowding issue, aiming to alleviate the immediate strain on the correctional system.

The directive from the Minister of Justice establishes a comprehensive Congolese prison admission ban for Makala, making it clear that no new individuals are to be incarcerated there under normal circumstances. This broad prohibition is designed to provide immediate relief from the Makala prison capacity crisis that has plagued the institution. The measure is described as conservatory, indicating its intent to preserve order and prevent further deterioration of conditions within the facility.

However, the ministerial circular does specify a singular exception to this blanket ban. New detainees may still be admitted to Makala prison if an "exceptional judicial derogation" (dérogation exceptionnelle d'ordre judiciaire) is granted. This provision suggests that while the general policy is one of non-admission, the judicial system retains a limited power to override the ban in specific, compelling cases, ensuring a degree of flexibility for urgent legal requirements.

The decision to suspend Makala prison new admissions highlights a profound systemic challenge within the DRC's correctional infrastructure, particularly in the capital. The Kinshasa Makala prison overcrowding has reached such an extreme level that it necessitates a complete halt to new intakes, a move with significant repercussions for the broader justice system. This situation will inevitably impact where individuals facing detention in Kinshasa are held, potentially redirecting them to other facilities or creating new logistical challenges for law enforcement and judicial processes.

For legal practitioners, this DRC Minister of Justice circular introduces a critical new factor into their work. Lawyers representing clients facing potential detention must now consider the immediate unavailability of Makala prison for new admissions. This may require them to seek the aforementioned dérogation exceptionnelle Makala from the judiciary to ensure their clients can be processed, or to explore alternative arrangements for their clients' custody, thereby adding a layer of complexity to legal proceedings in the region. The long-term implications of this Makala prison capacity crisis extend beyond immediate logistics, pointing to a need for more sustainable solutions to prison overcrowding.

Lawyers representing clients facing detention in Kinshasa must be aware of the immediate suspension of new admissions to Makala prison, which will directly impact where their clients are held and may necessitate seeking exceptional judicial derogations for admission.

Source: Original reporting via Radio Okapi.