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 July the DRC National Human Rights Commission (CNDH) stated, “Most people arrested by security forces on suspicion of belonging to [Kamuina Nsapu] claim they were victims of serious torture. Following this treatment, some lost their lives or became mentally ill.” The CNDH also noted that suspected militants brought to military camp Bobozo in Kananga were “subjected to torture and treatment of a rare cruelty.” In February government officials were filmed beating a mortally injured girl in what appeared to be a government building in Kananga. On December 31, police were filmed beating peaceful and in some cases sedentary protesters with sticks in the towns of Beni and Kasindi.
As of October 24, 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. Nine of these cases involved allegations of transactional sex; four involved allegations of an exploitative relationship; one involved the sexual assault of a child; and one involved the alleged rape of a child. As of October 24, all investigations were pending.
The United Nations reported that it received one allegation during the year of sexual exploitation and abuse against DRC peacekeepers serving outside the DRC. The allegation of transactional sex, alleged to have taken place at an unspecified time in 2014-15, was made against a DRC military officer deployed with the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA). As of October 24, an investigation was pending.
Prison and Detention Center Conditions
Conditions in most prisons throughout the country remained harsh and life threatening due to food shortages, gross overcrowding, and inadequate sanitary conditions and medical care. Even harsher conditions prevailed in small detention centers run by the National Intelligence Agency (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. Because inmates had inadequate supplies of food and little access to water, many relied exclusively on relatives, nongovernmental organizations (NGOs), and church groups to bring them sustenance. The International Committee of the Red Cross (ICRC) visited an unknown number of prisoners. In July a prison director in Tshikapa reported that eight prisoners had died of malnutrition in three weeks, citing food shortages. Also in July part of the central prison in Goma caught fire, reportedly due to electrical problems. Authorities generally confined men and women in separate areas but often held juveniles with adults. In August the provincial office of the CNDH successfully advocated for 10 minors detained in Mbuji Mayi to be separated from adults in the prison. Authorities rarely separated pretrial detainees from convicted prisoners. Central prison facilities were severely overcrowded, with an estimated occupancy rate of 200 percent of capacity; they also had little ventilation or light, subjecting detainees to extreme heat. 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, although as many as 4,000 of these escaped during a mass prison break on May 17. The United Nations reported 100 individuals died in detention between January and June, mostly from starvation or illness; 45 of these deaths occurred in Kongo Central Province.
Most prisons were understaffed, undersupplied, and poorly maintained, often allowing escapes. From January to June 30, the United Nations documented at least 5,528 prisoner escapes.
Authorities often arbitrarily beat or tortured detainees. For example, the United Nations reported that one 14-year-old boy arrested by the FARDC for association with the Kamuina Nsapu militia was tortured by soldiers who hacked off his thumb and cut him at least 22 times over his body with a machete. Government officials were also filmed beating a mortally injured girl in what appeared to be a government building in Kananga (see section 1.a.).
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. 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 ANR and the RG.