Lawsuit Filed Against DRC for Human Rights Violations in Makala Central Prison

Ugandan lawyer Kalali Steven has filed a lawsuit against the DRC in the East African Court of Justice, alleging severe human rights violations at Makala Central Prison, including overcrowding, abuse, and sexual violence against female inmates. The case follows a deadly jailbreak incident and seeks to hold the DRC accountable under the EAC Treaty for failing to protect inmates’ rights.

Kalali Steven, a Ugandan lawyer, has initiated legal proceedings against the Democratic Republic of Congo (DRC) in the East African Court of Justice, alleging extensive violations of human rights at the Makala Central Prison. The lawsuit, which has been submitted to the First Instance Division located in Arusha, Tanzania, criticizes the DRC government for various abuses including severe overcrowding, physical mistreatment of inmates, and reported sexual violence against female prisoners, particularly in the densely populated facility based in Kinshasa. In his suit, Mr. Kalali contends that the deplorable conditions at the prison constitute a breach of the East African Community (EAC) Treaty as well as other international human rights norms. Following a catastrophic jailbreak attempt on September 1-2, 2024, during which significant loss of life occurred, including the use of live ammunition by security forces against unarmed inmates, Kalali underscored the violation of the fundamental right to life as guaranteed under the EAC Treaty. Reports indicate that over 129 individuals perished during this incident due to violent interventions by the authorities. Given that Makala Prison was originally constructed to accommodate approximately 1,500 inmates, it is alarming that it was housing around 14,000 at the time, according to a United Nations report. This extreme overcrowding, Mr. Kalali asserts, fundamentally undermines human dignity and contravenes Article 7(2) of the EAC Treaty, which mandates compliance with recognized international standards. Further, shocking allegations of sexual violence have emerged, with Mr. Kalali citing data from the United Nations Population Fund (UNFPA) indicating that “269 out of 348 female prisoners reportedly experienced sexual abuse.” He argues that the inability to protect female inmates from such violence constitutes a violation of international agreements dedicated to women’s rights. Moreover, the lawsuit notes that access to legal and civil support has been curtailed following the jailbreak attempt, with legal representatives and civil organizations being denied visitation rights to detainees, contravening Article 8(1)(c) of the EAC Treaty. Kalali affirms, “Inmates lack legal representation and necessary services, violating the Treaty’s principles on justice.” Additionally, Mr. Kalali raises grave concerns regarding the detention of minors alongside adults within Makala Prison, describing this practice as perilous for young detainees and a violation of both international standards and the United Nations Convention on the Rights of the Child. In conclusion, Kalali requests that the court formally recognize the DRC as non-compliant with the EAC Treaty, order compensation for affected inmates, and mandate improvements in prison conditions moving forward. He also seeks an injunction to avert future human rights abuses. This case carries significant weight in the East African region, prompting discussions regarding the accountability of Partner States in respecting human rights standards within the EAC framework. As Mr. Kalali aptly stated, “The EAC must ensure the protection of its citizens’ rights,” thus urging the court to demand compliance from the DRC in alignment with its human rights obligations. As the proceedings develop, human rights advocates throughout East Africa are keenly observing for its potential to influence prisoner rights and state accountability in the region.

The human rights situation within prisons is a critical issue, particularly in the context of developing regions such as East Africa. Overcrowding, inadequate healthcare, and lack of legal support are prevalent issues that often lead to severe human rights violations. The East African Community (EAC) Treaty aims to safeguard the rights of individuals within member states, mandating adherence to international human rights standards. This specific case against the DRC is significant because it not only raises awareness about the conditions in Makala Central Prison but also sets a precedent for the accountability of governmental bodies to uphold human rights.

In summary, the lawsuit filed by Ugandan lawyer Kalali Steven against the DRC highlights serious human rights violations occurring within Makala Central Prison. The accusations of overcrowding, physical abuses, and sexual violence, compounded by a recently fatal jailbreak, elucidate the urgent need for accountability among EAC Partner States. Mr. Kalali’s pursuit for justice emphasizes the necessity for the East African Community to enforce human rights standards and protect the dignity of its citizens.

Original Source: allafrica.com