Democratic Republic of Congo
11.05.00
Urgent Interventions

D.R. Congo: arrest and holding of passport

Case COD 100702
Ill-treatment / Death in detention

The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Democratic Republic of Congo.

Brief description of the facts

The International Secretariat of OMCT was informed by ASADHO, a member of the OMCT network, of the constant deterioration of the conditions of detainees at the Penitentiary Reeducation Center of Kinshasa (Centre Pénitentiaire et de Rééducation de Kinshasa, CPRK).

According to the information received, the prison population at the beginning of July was 2,706, of which about 2,000 were in preventive detention. Of these 2,000 detainees, 1,387 were prosecuted by the Court of Military Order (Cour d’Ordre Militaire). The detainees were crammed into cells that were indescribably crowded; la capacity of the CPRK is around 1,000 detainees.

According to the information received, since the beginning of last June, the penitentiary administration has no longer been able to provide for the nutritional needs of the detainees. This situation carries grave consequences for the already precarious health of numerous detainees. Those who have their families in Kinshasa are fed by them.

Furthermore, the penitentiary administration does not take responsibility for sick detainees. The Medical Service of the CPRK does not possess the necessary material and human means that would enable them to effectively intervene in the steadily increasing number of cases in which detainees need medical care.

According to the information gathered by ASADHO, wing number 10 of the CPRK (now reserved for minors and the sick) currently holds 68 sick detainees left to fend for themselves without any medical assistance. There are a number of cases of tuberculosis, typhoid fever, malaria, scabies and other diseases linked to malnutrition and undernourishment. According to the same information, 68 deaths were registered at CPRK since the beginning of this year.

The following detainees suffer from tuberculosis and remain without any medical assistance:

KAMWANYA NGOY, KANZA SAFU, KAPAYI Claude, MATONDO Musikana, MUNDIMBI Mbuta, MUTSHINDE Mukinzi, SELEMANI Chaula

Several other detainees of wing number 10 of the CPRK are in extremely troubling medical conditions, including:

ASSANI Wabingwa, BALIMBA Claude, BOLILA Henri, EVOLOKO Bembo, KAMONDO Ngalamulume, LAZARO Kakusa, LOKOYO Manga, MAFUTA Mburanda, MALILA Nzuzi, MALIO Mbala, MAMPASI Pitshou, MUSSA Talala, NYANGWE Alain, NZEMBA Kayala, NZEZA Atosha, PANZI Ferdinand, PANZI Mongo, PASI Lusala, RAMAZANI Ferdinand, SALA Mampasi, TSHIANDA.

The International Secretariat points out that the detainees are under the authority and protection of the State, and that the failure of the government to improve conditions in detention constitutes a violation of international legal instruments for the protection of human rights to which the Democratic Republic of the Congo is a party, and of statute n°344 of 17 September 1965 relative to the penitentiary regime and conditional release.

The International Secretariat asks the authorities of the Democratic Republic of the Congo to implement with all urgency the appropriate actions, so that the administration of the penitentiary center conforms to national and international legislation.

Action requested

Please write to the authorities in Democratic Republic of Congo urging them to:

i. take all necessary measures in order to safeguard the physical and psychological integrity of the detained persons mentioned above and to grant them necessary medical assistance;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. furnish the Penitentiary Reeducation Center of Kinshasa with the material and human means enabling it to take care of the detainees’ medical and nutritional needs;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights laws and standards.

Adresses

Note: You may encounter problems in using the e-mail addresses and fax numbers for the DRC mentioned below. In case of failure, we suggest that you use the address of the Ambassador in Geneva.

· H.E. Ambassador Democratic Republic of the Congo, Permanent Mission Democratic Republic of the Congo to the United Nations Office in Geneva, Avenue de Budé 18, 1202, Genève, Suisse, e-mail : mission.rdc@ties.itu.int, fax : +41 22 7401682
· H.E. President Joseph Kabila. Presidency of the Republic, Kinshasa-Ngaliema, Democratic Republic of Congo; Fax (+ 243) 880 02 120
· Minister of Interior, Ministry of Interior, Fax : +243 88 02 042, E-mail : djo@ic.cd
· Minister of Justice, Ministry of Justice, BP 3137, Kinshasa Gombé, Democratic Republic of Congo; Fax : (+243) 880 55 21
· Minister of Human Rights, Ministry of Human Rights ; Fax : (+243) 12 20 664
· Minister of Communication, Ministry of Communication, Fax : 00 243 12 61 205
· Attorney General of the Republic, B.P. : 7016 Kinshasa/Gombe, Fax : 00 243 12 20 843
Please also write to the diplomatic representative of the Democratic Republic of the Congo in your country.

Geneva, 10 July 2002.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.