Ugandan lawyer Kalali Steven has filed a lawsuit against the Democratic Republic of Congo at the East African Court of Justice, claiming severe human rights violations at Makala Central Prison, including overcrowding, physical abuses, and sexual violence against female inmates. The lawsuit seeks to hold the DRC accountable under the EAC Treaty and demands improvements to prison conditions and compensations for affected inmates.
Ugandan lawyer Kalali Steven has initiated legal proceedings against the Democratic Republic of Congo (DRC) at the East African Court of Justice, alleging significant violations of human rights within the Makala Central Prison in Kinshasa. The lawsuit, lodged with the First Instance Division located in Arusha, Tanzania, accuses the DRC government of inhumane conditions characterized by extreme overcrowding, physical assaults, and instances of sexual violence directed towards female inmates. The Makala Central Prison, which was designed for a maximum capacity of 1,500 inmates, reportedly held around 14,000 individuals at the time of a violent jailbreak attempt that occurred on September 1-2, 2024, resulting in numerous fatalities. Continuing his arguments, Kalali asserts that the DRC security forces employed live ammunition against unarmed inmates during this incident. He cites over 129 deaths, asserting that this action constitutes a grave violation of the fundamental right to life as enshrined in the East African Community (EAC) Treaty. In his legal filing, Kalali cites specific articles of the EAC Treaty that he believes have been violated, particularly Article 7(2), which emphasizes compliance with internationally recognized human rights standards. He highlights that reports from the United Nations suggest that 269 out of 348 female prisoners at the Makala prison have experienced sexual abuse, a situation he claims reflects a systemic failure to protect vulnerable populations and adhere to international agreements regarding women’s rights. Additionally, the lawsuit raises concerns regarding the access of legal representatives and civil support to the detainees, which Kalali claims has been significantly restricted following the jailbreak attempt. He contends that this limitation contravenes Article 8(1)(c) of the EAC Treaty, which asserts the right to legal representation and proper legal processes for all individuals in custody. Furthermore, Kalali brings to attention the alarming practice of detaining minors alongside adults in Makala Prison, something he argues poses significant risks to young detainees and breaches both international standards and the United Nations Convention on the Rights of the Child. In seeking remedies, Kalali requests that the court formally recognize the DRC as being in breach of the EAC Treaty and mandate reparations for affected prisoners. He also seeks court orders to compel the DRC to rectify prison conditions and issue an injunction aimed at preventing further rights violations in the future. This case not only raises pivotal questions regarding the accountability of EAC Partner States but also serves to underscore the importance of enforcing regional human rights standards. As the case progresses through judicial review, numerous human rights advocates throughout East Africa are monitoring its development due to its potential to significantly influence the landscape of prison rights and governmental accountability within the EAC.
The case brought forth by Kalali Steven against the Democratic Republic of Congo represents a critical intersection of law, human rights, and governance within the East African Community framework. The alleged rights violations occurring in Makala Central Prison are emblematic of broader systemic issues related to overcrowding, insufficient legal protections, and the treatment of vulnerable populations, particularly women and minors. This lawsuit not only seeks immediate redress for affected individuals but also aims to reinforce the legal obligations of state parties under the EAC Treaty and related international human rights instruments, thereby encouraging adherence to agreed-upon human rights norms across the region.
The lawsuit filed by Ugandan lawyer Kalali Steven against the DRC underscores serious allegations of human rights violations within Makala Central Prison, focusing on overcrowding, violence, and the lack of legal protections for vulnerable inmates. By seeking accountability from the DRC government, the case aims to reinforce the principles enshrined in the EAC Treaty and enhance the safeguarding of human rights across the region. The outcome of this lawsuit holds substantial implications for the governance of prisons and the protection of human rights standards among East African nations, potentially establishing a precedent for similar cases in the future.
Original Source: allafrica.com
