The situation in Mbuji Mayi central prison in Kasai Oriental province has become catastrophic and a huge cause for concern, with 17 prisoners dying in 2008, mostly from famine, malnutrition and a lack of proper health care. Seven of the dead had been awaiting trial, and had not been convicted of any offence.
The number of deaths is alarming, after a considerable fall in mortalities during the deployment of an international advisor and prisons specialist for MONUC's Human Rights division, from mid 2007 until early January 2008.
Thanks to the intervention of the advisor, the local authorities (divisional justice chief and head warden) were encouraged to foster activities with the local humanitarian and religious communities, which resulted in the installation of a coordinated mechanism for the regular delivery of food to the central prison.
Thanks to the intervention of the advisor (and the follow-up work of MONUC's Human rights division during his absence), regular open court hearings were held, both by the civil and military courts, which led to a considerable fall in illegal or futile detentions.
Nevertheless, the detention conditions in Mbuji Mayi prison are execrable and over populated. Designed to hold 100 prisoners, today it has prison population of 398 people (387 men, 11 women). There is no budget to provide for the prisoner's food and healthcare, and in this scenario, human rights violations are commonplace.
Each visitor must pay 200 to 500 Congolese francs ($0.3 to $1) to have access to a relative. Before bringing food for the prisoners, certain supervisors require 500 FC from the visitors.
Mbuji Mayi prison does not meet the minimal United Nations standard of the United Nations for the treatment of prisoners. It is filthy and decrepit, and exposes prisoners to infections like scabies, lice and ticks.
Since 2007, this prison has had ceaseless deaths and even though the causes are known, no official action is being taken to stop the evil. On the level of civil jurisdictions, just like the military, preventive detention became the systematically observed rule, even for minor offences.
Added to this sluggish treatment of cases were the strikes which paralysed the DRC legal apparatus. As an example, a defendant arrested for petty theft waited for 11 months in preventive detention, without his file being heard at court.
MONUC, through its Human Rights division, engaged in advocacy with the civil and military jurisdictions so that the incarceration of prisoners who had not yet been convicted became illegal, and those awaiting trial for minor offences profited from an early release procedure.
An initiative aimed at civil jurisdictions allowed the release of about sixty defendants in the last quarter of 2007. This year, with the collaboration of the Public Prosecutor, ten defendants also profited from this action. MONUC's Mbuji Mayi human Rights Division also created an NGO network to help bring food to the prisoners.
MONUC transported 50 bags of corn over 56km from Mabaya to Mbuji Mayi, which was offered by the agricultural NGO APSP (Permanent Actions of Solidarity to Prisoners) to the Mbuji Mayi prisoners.
MONUC has the responsibility to process and place this food at the disposal of the prisoners. Collections were also initiated within MONUC for the purchase first aid drugs for the prison.
In an effort to reduce the sufferings of this over-populated prison, MONUC provides water in times of shortages, which unfortunately occur frequently.
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