Democratic Republic of the Congo
Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law criminalizes torture, but there were credible reports that the SSF continued to torture civilians, particularly detainees and prisoners. In November the British nongovernmental organization (NGO) Freedom from Torture reported that torture was widespread both inside and outside conflict zones in DRC. It had accumulated witness testimony of almost 900 cases of torture from DRC, including 74 cases from 2013 to 2018. The report states, “Torture is used predominantly as a form of punishment for political and human rights activism, and as a deterrent against future involvement.” Throughout the year activists circulated videos of police beating unarmed and nonviolent protestors.
As of October 10, the United Nations reported that it had received 15 allegations of sexual exploitation and abuse against military, police, and civilian personnel deployed with MONUSCO during the year. Of these cases, 11 involved allegations of an exploitative relationship; three involved allegations of transactional sex; two involved the alleged rape of a child, and one involved sexual assault. As of October 10, all investigations were pending. The United Nations also reported that Bangladeshi peacekeepers were involved in sexual exploitation and abuse while deployed in MONUSCO from 2015 to 2017. The peacekeepers in question were repatriated by the United Nations, and investigations by Bangladeshi government were pending at the end of the year.
The United Nations reported that during the year it received one allegation of sexual exploitation and abuse against a peacekeeper from the DRC while he was deployed in United Nations Multidimensional Integrated Stabilization Mission in the Central Africa Republic. The case alleged rape of a minor. Investigations by both the United Nations and the DRC were still pending as of year’s end. Twenty-six allegations reported prior to 2018 remained pending, in many cases awaiting additional information by the DRC. The cases included 17 allegations of sexual exploitation and abuse of minors.
Prison and Detention Center Conditions
Conditions in most prisons throughout the country worsened during the year, aggravating the already harsh and life threatening conditions due to food shortages, gross overcrowding, and inadequate sanitary conditions and medical care. Even harsher conditions prevailed in small detention centers run by the ANR, Republican Guard (RG), or other security forces, which often detained prisoners for lengthy pretrial periods without access to family or legal counsel. Some civil society activists arrested in Kinshasa were reportedly held in an underground cell operated by the RG at a military camp.
Physical Conditions: Serious threats to life and health were widespread and included violence (particularly rape); food shortages; and inadequate potable water, sanitation, ventilation, temperature control, lighting, and medical care. Poor ventilation subjected detainees to extreme heat. Central prison facilities were severely overcrowded, with an estimated occupancy rate of 200 percent of capacity. For example, Makala Central Prison in Kinshasa, which was constructed in 1958 to house 1,500 prisoners, held as many as 8,500 inmates during the year. In September, Radio Okapi reported there were 7,400 inmates at Makala. Authorities generally confined men and women in separate areas but often held juveniles with adults. Women were sometimes imprisoned with their children. In July local NGO Rural Action for Development reported that 13 infants suffered from malnutrition and other diseases due to poor conditions while held with their mothers in Munzenze Prison in Goma. Authorities rarely separated pretrial detainees from convicted prisoners.
Because inmates had inadequate supplies of food and little access to water, many relied exclusively on relatives, NGOs, and church groups to bring them sustenance. The United Nations reported 223 individuals died in detention during the year, a 10-percent increase compared with the 201 deaths recorded in 2017. These resulted from malnutrition, poor hygienic conditions, and lack of access to proper medical care. From January to June, cholera and tuberculosis epidemics aggravated the already overcrowded and unsanitary conditions, leading to a 20 percent increase in deaths in detention compared with the same period in 2017. In July, five prisoners died from severe diarrhea and malnutrition due to poor sanitation and inadequate medical services in Tshela Prison in Kongo Central. In January, MONUSCO reported that 57 inmates in Manono Prison in Tanganyika Province suffered from malnutrition and that prisoners had endured 10-14 days without food.
Most prisons were understaffed, undersupplied, and poorly maintained, leading to corruption and poor control of the prison population that contributed to prison escapes. On March 21, media reported that two police officers were sentenced to life in prison by a military court for their involvement in a March 18 prison break in Lubumbashi, Haut Katanga province. The United Nations reported that at least 801 individuals escaped detention centers during the year, a significant decrease from the number of 5,926 escapees in 2017.
Authorities often arbitrarily beat or tortured detainees. On September 13, police arrested seven members of the local civil society group Les Congolais Debout! (Congolese Awake!) at the University of Kinshasa while they were campaigning against the use of voting machines on grounds that the seven were carrying out political activities in what is supposed to be an apolitical environment. After reportedly being beaten, whipped, and forced to clean toilets with bare hands while in police custody, their attorney said they were transferred to an ANR cell and, as of November 15, remained in detention without charges.
RMGs detained civilians, often for ransom, but little information was available concerning detention conditions (see section 1.g.).
Administration: Some prison directors could only estimate the numbers of detainees in their facilities. The International Committee of the Red Cross (ICRC) visited an unknown number of prisoners. Authorities denied access to visitors for some inmates and often did not permit inmates to contact or submit complaints to judicial authorities. Directors and staff generally ran prisons for profit, selling sleeping arrangements to the highest bidders and requiring payment for family visits.
Independent Monitoring: The government regularly allowed the ICRC, MONUSCO, and NGOs access to official detention facilities maintained by the Ministry of Interior but consistently denied access to facilities run by the RG, ANR, and the intelligence services of the military and police.