Ugandan Lawyer Takes on DRC at the East African Court of Justice

  • October 31st, 2024
Ugandan Lawyer Takes on DRC at the East African Court of Justice

ARUSHA, Tanzania | Ugandan lawyer Steven Kalali has brought a case against the Democratic Republic of Congo (DRC) before the East African Court of Justice, alleging severe human rights abuses at Kinshasa’s Makala Central Prison. Kalali claims that prisoners in Makala, including vulnerable women and minors, face overcrowded and unsafe conditions that violate the East African Community (EAC) Treaty and other human rights laws.

Kalali’s petition follows an attempted jailbreak at Makala in early September, where hundreds of prisoners lost their lives after DRC forces responded with live ammunition. The use of deadly force on unarmed inmates, he argues, breaches their right to life as guaranteed under the EAC Treaty. According to Kalali, the prison facility—designed to accommodate 1,500 inmates but reportedly housing over 4,400—demonstrates an extreme disregard for human dignity. The overcrowded conditions, he asserts, represent a violation of Article 7(2) of the EAC Treaty, which mandates partner states to adhere to international standards on human rights.

Among the most critical allegations in Kalali’s suit is the pervasive sexual violence reported against female inmates. According to data from the United Nations Population Fund, of the 348 female prisoners in Makala, 269 have reportedly suffered sexual abuse—a clear violation of international agreements protecting women’s rights, including their safety and dignity while in custody. Additionally, Kalali raises concerns about the detention of minors alongside adults, which contravenes the United Nations Convention on the Rights of the Child, potentially exposing juveniles to harmful environments and influences.

The case also addresses a lack of legal representation for prisoners, which Kalali argues deprives them of a fair chance for justice. Following the attempted jailbreak, he notes that legal and civil organizations have been denied access to the prison, violating Article 8(1)(c) of the EAC Treaty. “Inmates lack legal representation and necessary services, violating the treaty’s principles of justice,” Kalali stated, emphasizing that this isolation from legal support further undermines prisoners’ rights.

In seeking justice for the affected inmates, Kalali asks the East African Court to declare DRC in breach of its treaty obligations, order compensation for the prisoners, and direct significant improvements to prison conditions. Should Kalali’s petition succeed, it may establish a significant precedent within the region, prompting greater scrutiny of prison conditions and a stronger commitment to safeguarding human dignity among partner states.

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