Ugandan lawyer Kalali Steven has filed a lawsuit against the Democratic Republic of Congo (DRC) at the East African Court of Justice, alleging severe human rights violations within the Makala Central Prison.
Kalali's suit accuses the DRC government of extreme overcrowding, physical abuses, and reports of sexual violence against female inmates at the Kinshasa-based facility.
Kalali argues that these conditions breach the East African Community (EAC) Treaty and other international human rights laws. The case, submitted to the First Instance Division in Arusha, Tanzania, aims to hold the DRC accountable as an EAC Partner State.
The case follows a deadly jailbreak attempt on September 1-2, 2024, at Makala Prison, where hundreds reportedly lost their lives amid violent security interventions.
"DRC forces used live ammunition on unarmed inmates," Kalali claims, citing over 129 fatalities as a violation of the fundamental right to life outlined in the EAC Treaty.
The prison, built for 1,500 inmates, was holding around 14,000 at the time of the incident, according to a United Nations report.
Kalali states that this level of overcrowding blatantly disregards human dignity, violating Article 7(2) of the EAC Treaty, which mandates adherence to international standards.
Kalali's suit also highlights disturbing allegations of sexual violence, noting that "269 out of 348 female prisoners reportedly experienced sexual abuse," based on findings from the United Nations Population Fund (UNFPA).
Kalali argues this failure to ensure the safety of female inmates is a violation of international agreements on women's rights.
Additionally, the lawsuit points to restricted access to legal and civil support following the attempted escape. Kalali claims that, since the incident, legal representatives and civil organisations have been denied access to detainees, which he argues contravenes Article 8(1)(c) of the EAC Treaty.
"Inmates lack legal representation and necessary services, violating the Treaty's principles on justice," he said.
Kalali further alleges that minors are being detained with adults in Makala Prison, a practice he claims endangers young detainees and breaches both international standards and the United Nations Convention on the Rights of the Child.
In his lawsuit, Kalali requests that the court declare the DRC in violation of the EAC Treaty, mandate compensation for affected inmates, and require the DRC to improve prison conditions. He also seeks an injunction to prevent similar abuses in the future.
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Kalali's case is notable in the East African region, raising questions about the accountability of Partner States in upholding human rights within the EAC.
"The EAC must ensure the protection of its citizens' rights," he stated, urging the court to enforce regional standards and demand DRC compliance with human rights obligations.
As the case unfolds, human rights advocates across East Africa are closely watching for its potential impact on prisoner rights and state accountability in the EAC.
The outcome could set an important precedent, influencing prison management and human rights practices across the region.
