Ugandan lawyer sues DR Congo govt over Makala Prison atrocities

A shocking incident of violence and rights abuses at Makala Central Prison in Kinshasa has prompted Ugandan rights lawyer Steven Kalali to file a petition against the Democratic Republic of Congo (DRC) government.

In his petition filed on Thursday before the East African Court in Kampala, Kalali specifically sued the DRC Minister of Justice over violation of prisoners' rights during a botched jailbreak in September 2024.

According to court documents, Kalali states that on September 1-2, 2024, there was an attempt by inmates to break out of the overcrowded Central Prison of Makala in the capital of DRC, Kinshasa leading to deaths of more than 100 people and the rape of many women.

“Before the incident, warnings about overcrowding were raised in a letter dated October 9, 2023, from the Makala Prison director Yusufu Maliki-Joseph to the Ministry of Justice. He cautioned that the prison's severe overcrowding and poor conditions could lead to another mass escape, similar to the one on May 17, 2017.”

“At the time, Makala Prison housed 12,629 detainees, with more arrivals anticipated from various courts and provinces, including civil and military courts,” reads in part the petition.

Kalali states that according to the United Nations report dated September 9, 2024, 269 female inmates were raped out of 348 female inmates in Makala Central Prison.

Court documents indicate that Makala Central Prison was built with a capacity of 1,500 inmates and had reached almost 100% of inmate capacity with its population estimated around 14,714 at the time of the September 2024 attempted jail break.

“At the time, the respondent officials at Makala Prisons were keeping in detention minor inmates together with adult inmates in violation of set international standards,”  Kalali notes in his petition.

Court documents indicate that since the attempted prison break, local and international organisations as well as lawyers have been restricted access to the prison by state authorities.

Kalali contends that the respondent’s alleged acts and omissions, committed through various state organs and agencies, fall within the jurisdiction of the East African Court of Justice for interpretation and determination of compliance with the EAC Treaty, to which the Democratic Republic of Congo is a party as a Member State of the East African Community.

"The respondent's failure to provide security for female inmates during the September 1-2, 2024, prison break, resulting in sexual violence, constitutes a dereliction of duty. This violates the EAC Treaty and the African Charter on Human and People's Rights, which protects human dignity and life,” reads in part the court documents.

It adds that: “… the use of live ammunition by DRC security officials, causing loss of life among unarmed inmates, breaches Articles 7(2), 6(d), and 5(3)(f) of the EAC Treaty, infringing upon the right to life and human rights.”

Kalali seeks a permanent injunction issued against the minister or an order enforcing the compliance with and adherence to the provisions of the said treaty and an immediate stop to the impugned acts stated herein this reference.

Further, the petitioner wants an order directing the minister to immediately lift the restrictions to allow access to prison, especially for lawyers to provide legal services to detainees.

DR Congo authorities were yet to respond to the development by press time Thursday evening.