DRC: Policy Brief on the Makala Prison Tragedy

On September 2, 129 detainees lost their lives in Makala Prison during tragic events that remain difficult to qualify. Amid this chaotic event, 268 out of 298 women incarcerated in Makala were victims of rape..

In this Policy Brief, ASF highlights that these events occur within a broader context of massive human rights violations against detainees, the abusive use of pretrial detention and endemic prison overcrowding. The systematic and illegal use of pretrial detention and the resulting inequality in criminal proceedings are key factors contributing to the prison crisis in the DRC..

Since 2021, ASF and its partners have been documenting and analysing human rights violations experienced by detainees through a monitoring system, based on interviews with 3,642 pretrial detainees and nearly 20 years of experience in the DRC.

According to detention observers in the DRC, pretrial detainees account for 70-80% of the prison population, a phenomenon that seems to worsen over time.

In 10% of cases, detainees are unaware of the charges against them. ASF's analysis reveals that exceeding legal deadlines has become a standard practice, making illegality the norm in pretrial detention.

A series of recommendations aim to provide practical solutions en vue de to ensure a detention system that respects human rights and complies with international standards.