There were numerous reports the government committed arbitrary and unlawful killings.

Defector reports noted instances in which the government executed political prisoners, opponents of the government, forcibly returned asylum seekers, government officials, and others accused of crimes. The law prescribes the death penalty for the most “serious” or “grave” cases of “antistate” or “antination” crimes, which include: participation in a coup or plotting to overthrow the state; acts of terrorism for an antistate purpose; treason, which includes defection or handing over of state secrets, broadly interpreted to include providing information about economic, social, and political developments routinely published elsewhere; suppression of the people’s movement for national liberation; and “treacherous destruction.” Additionally, the law allows for capital punishment in less serious crimes such as theft, destruction of military facilities and national assets, fraud, kidnapping, distribution of pornography, and trafficking in persons. Defectors also reported that the government carried out infanticide, or required mothers to commit infanticide in cases of political prisoners, persons with disabilities, women who were raped by government officials or prison guards, and mothers repatriated from China.

NGOs and press reports indicated that border guards had orders to shoot to kill individuals leaving the country without permission, and prison guards were under orders to shoot to kill those attempting to escape from political prison camps.

On June 22, a firing squad reportedly executed army lieutenant general Hyon Ju Song for abusing authority, profiting the enemy, and engaging in antiparty acts. Hyon had reportedly ordered the distribution of extra food and fuel to his troops, claiming “we no longer have to suffer and tighten our belts to make rockets and nuclear weapons.”

The trial of two women accused of assassinating Kim Jong Nam, Kim Jong Un’s half-brother, continued in Kuala Lumpur. The women claimed to have been tricked by four agents working on behalf of the North Korean government into fatally poisoning Kim at the Kuala Lumpur International Airport in February 2017. The four agents, including Ri Ji U and Hong Song Hac, were able to return to North Korea from Malaysia.

The state also subjected private citizens to public executions. According to the Institute for National Security Strategy, the state held 340 public executions from 2012 to 2016, including executions of 140 government officials between 2013 and 2016. A 2016 survey found that 64 percent of defectors had witnessed public executions. Defectors reported going to public executions on school field trips. One defector claimed to have witnessed the public execution of a man who stole copper from a factory and a woman who had come into contact with a missionary while in China.

NGO, think tank, and press reports indicated the government was responsible for disappearances.

During the year there was no progress in the investigation into the whereabouts of 12 Japanese citizens believed to have been abducted by the DPRK.

The Republic of Korea (ROK) government and media reports noted the DPRK also kidnapped other foreign nationals from locations abroad in the 1970s and 1980s. The DPRK continued to deny its involvement in the kidnappings. The UN Special Rapporteur on the situation of human rights in the DPRK reported that 516 South Korean civilians, abducted or detained by DPRK authorities since the end of the Korean War, remained in the DPRK. South Korean NGOs estimated that during the Korean War the DPRK abducted 20,000 civilians who remained in the North or who had died.

During the year South Korean media reported that DPRK Ministry of State Security agents were dispatched to cities near the DPRK border in China to kidnap and forcibly return refugees. According to international press reports, North Korea may have also kidnapped defectors who relocated to South Korea and then were on travel in China. In some cases North Korea reportedly forced these defectors’ family members to encourage the defectors to return to China in order to capture them.

Defectors alleged that the Ministry of State Security (MSS) did not always notify families when a relative was arrested and sentenced to detention in a political prison camp.

According to The Committee for Human Rights in North Korea (HRNK), the state closed Hoeryong kwanliso (Camp 22) in late 2012 and demolished the Sirmchon/Kumchon-ri zone with Yodok kwanliso (Camp 15) in late 2014. The whereabouts of the former prisoners of these facilities remained unknown.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The penal code prohibits torture or inhuman treatment, but many sources reported these practices continued. Numerous defector accounts and NGO reports described the use of torture by authorities in several detention facilities. Methods of torture and other abuse reportedly included severe beatings; electric shock; prolonged periods of exposure to the elements; humiliations such as public nakedness; confinement for up to several weeks in small “punishment cells” in which prisoners were unable to stand upright or lie down; being forced to kneel or sit immobilized for long periods; being hung by the wrists; water torture; and being forced to stand up and sit down to the point of collapse, including “pumps,” or being forced to repeatedly squat and stand with the person’s hands behind their back. Mothers were in some cases reportedly forced to watch or to commit the infanticide of their newborn infants. Defectors continued to report many prisoners died from torture, disease, starvation, exposure to the elements, or a combination of these causes.

The December 2017 International Bar Association (IBA) Inquiry on Crimes Against Humanity in North Korean Political Prisons alleged that torture with water or electricity was standard practice by the MSS. Other allegations include being stripped, hung inverted, and beaten as well as the sticking of needles under a detainee’s fingernails, among other forms of torture.

The White Paper on Human Rights in North Korea, published by the Korea Institute for National Unification (KINU), a South Korean government-affiliated think tank, and the 2014 UN Commission of Inquiry (COI) report stated that officials had in some cases prohibited live births in prison and ordered forced abortions as recently as 2013. Detainees in re-education through labor camps reported the state forced them to perform difficult physical labor under harsh conditions (see section 7.b.).

The KINU white paper found that, in some cases of live birth, the prison guards killed the infant or left the baby to die, and it reported cases of guards sexually abusing or exploiting female prisoners.

Prison and Detention Center Conditions

NGO, defector, and press reports noted there were several types of prisons, detention centers, and camps, including forced labor camps and separate camps for political prisoners. NGO reports documented six types of detention facilities: kwanliso (political penal-labor camps), kyohwaso (correctional or re-education centers), kyoyangso (labor-reform centers), jipkyulso (collection centers for low-level criminals), rodong danryeondae (labor-training centers), and kuryujang or kamok (interrogation facilities or jails). According to the 2017 KINU white paper, the Ministry of State Security administered kwanliso camps and either it or the Ministry of People’s Security administered the other detention centers.

There were reportedly between 5,000 and 50,000 prisoners per kwanliso. Defectors claimed the kwanliso camps contained unmarked graves, barracks, worksites, and other prison facilities. NGOs reported the existence of between four and six kwanliso facilities, including Gaecheon (Camp 14), Yodok (Camp 15), Hwaseong/Myeonggan (Camp 16), Pukchang (Camp 18), Cheongjin (Camp 25), and the Choma-bong Restricted Area. HRNK reported that the Choma-bong Restricted Area, constructed between 2013 and 2014, had not been confirmed by eyewitness reports, but it appeared to be operational and bore all the characteristics of a kwanliso.

Kwanliso camps consist of total control zones, where incarceration is for life, and “rerevolutionizing zones,” from which prisoners may be released. Reports indicated the state typically sent those sentenced to prison for nonpolitical crimes to re-education prisons where authorities subjected prisoners to intense forced labor. Those the state considered hostile to the government or who committed political crimes reportedly received indefinite sentencing terms in political prison camps. In many cases the state also detained all family members if one member was accused or arrested. The government continued to deny the existence of political prison camps.

Reports indicated conditions in the prison camp and detention system were harsh and life threatening and that systematic and severe human rights abuse occurred. Defectors noted they did not expect many prisoners in political prison camps and the detention system to survive. Detainees and prisoners consistently reported violence and torture. Defectors described witnessing public executions in political prison camps. According to defectors, prisoners received little to no food or medical care in some places of detention. Sanitation was poor, and former labor camp inmates reported they had no changes of clothing during their incarceration and were rarely able to bathe or wash their clothing. The South Korean and international press reported that the kyohwaso held populations of up to thousands of political prisoners, economic criminals, and ordinary criminals.

Both the kyohwaso re-education camps and kwanliso prison camps host extremely brutal conditions, according to HRNK’s 2016 report North Korea: Kyohwaso No. 12, Jongori. The report noted, “The brutality affects both those convicted of actual offenses and those sentenced for essentially political offenses.”

According to the Hidden Gulag IV report, since late 2008 Jongori (formerly referred to as Camp 12) in North Hamkyung Province was expanded to include a women’s annex that held approximately 1,000 women, most of whom the state imprisoned after forcibly returning them from China. Satellite imagery and defector testimony corroborated the existence of this women’s annex. Defector testimony also cited food rations below subsistence levels, forced labor, and high rates of death due to starvation at Jongori.

Physical Conditions: Estimates of the total number of prisoners and detainees in the prison and detention system ranged between 80,000 and 120,000. Physical abuse by prison guards was systematic. Anecdotal reports from the NGO Database Center for North Korean Human Rights and the 2014 COI report stated that in some prisons authorities held women in separate units from men and often subjected the women to sexual abuse. The COI report added, “Cases of rape are a direct consequence of the impunity and unchecked power that prison guards and other officials enjoy.” In November, Human Rights Watch released a report providing defector accounts of sexual abuse at detention centers between 2009 and 2013. Victims alleged widespread sexual abuse at holding centers (jipkyulso) and pretrial detention and interrogation centers (kuryujang) by secret police (bowiseong) or police interrogators, as well as while being transferred between facilities.

There were no statistics available regarding deaths in custody, but defectors reported deaths were commonplace as the result of summary executions, torture, lack of adequate medical care, and starvation. The COI report cited “extremely high rate of deaths in custody,” due to starvation and neglect, arduous forced labor, disease, and executions.

Defectors also reported that in Camp 14, prisoners worked 12 hours a day during the summer and 10 hours a day during the winter, with one day off a month. The camps observed New Year’s Day and the birthdays of Kim Il Sung and Kim Jong Il. Children age 12 or older worked, and guards gave light duty to prisoners older than 65 years of age. According to HRNK report Gulag, Inc., three political prison camps and four re-education camps contained mines where prisoners worked long hours with frequent deadly accidents. One prisoner reported suffering an open foot fracture and being forced to return to the mine the same day. Prisoners provided supervision over other prisoners and worked even when they were sick. Prisoners who failed to meet work quotas reportedly faced reduced meals and violence. Those caught stealing faced arbitrary and serious violence.

NGO and press reports estimated there were between 182 and 490 detention facilities in the country.

By law the state dismisses criminal cases against a person younger than age 14. The state applies public education in case of a crime committed by a person older than age 14 and younger than age 17, but little information was available regarding how the law was actually applied. Authorities often detained juveniles along with their families and reportedly subjected them to torture and abuse in detention facilities.

Administration: There was little evidence to suggest prisoners and detainees had reasonable access to visitors. In past years refugees reported authorities subjected Christian inmates to harsher punishment if they made their faith public. No information was available regarding religious observance nor on whether authorities conducted proper investigations of credible allegations of abuse.

Independent Monitoring: There was no publicly available information on whether the government investigated or monitored prison and detention conditions. The 2015 HRNK Imagery Analysis of Camp 15 noted officials, especially those within the Korean People’s Army and the internal security organizations, clearly understand the importance of implementing camouflage, concealment, and deception procedures to mask their operations and intentions. The government did not allow the UN special rapporteur on the human rights situation in the DPRK into the country to assess prison conditions. The government did not permit other human rights monitors to inspect prisons and detention facilities.

The law prohibits arbitrary arrest and detention, but reports pointed out that the government did not observe these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The internal security apparatus includes the Ministries of People’s Security and State Security and the Military Security Command. Impunity was pervasive. The security forces did not investigate possible security force abuses. The government did not take action to reform the security forces. These organizations all played a role in the surveillance of citizens, maintaining arresting power, and conducting special purpose nonmilitary investigations. A systematic and intentional overlap of powers and responsibilities existed between these organizations. Kim Jong Un continued to enforce this overlap to prevent any potential subordinate consolidation of power and assure that each unit provides a check and balance on the other.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Revisions to the criminal code and the criminal procedure code in 2004, 2005, and 2009 added shortened periods of detention during prosecution and trial, arrest by warrant, and prohibition of collecting evidence by forced confessions. Confirmation that the state applied these changes has not been verified.

Members of the security forces arrested and reportedly transported citizens suspected of committing political crimes to prison camps without trial. According to a South Korean NGO, beginning in 2008, the Ministry of People’s Security received authorization to handle criminal cases directly without the approval of prosecutors. Prosecutorial corruption reportedly necessitated the change. An NGO reported that investigators could detain an individual for the purpose of investigation for up to two months. HRNK reported that, for critical political crimes in North Hamgyong Province, MSS units interrogated suspects for periods of six to 12 months. No functioning bail system or other alternatives for considering release pending trial exists.

There were no restrictions on the government’s ability to detain and imprison persons at will or to hold them incommunicado. Family members and other concerned persons reportedly found it virtually impossible to obtain information on charges against detained persons or the lengths of their sentences. Judicial review or appeals of detentions did not exist in law or practice. According to an opinion adopted in 2015 by the UN Working Group on Arbitrary Detention, family members have no recourse to petition for the release of detainees accused of political crimes, as the state may deem any such advocacy for political prisoners an act of treason against the state. No known information on a bail system or on detainees receiving a lawyer was available.

Arbitrary Arrest: Arbitrary arrests reportedly occurred.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: According to defectors there was no mechanism for persons to challenge the lawfulness of detention before a court. Defectors reported that inquiries into a family member’s detention status could result in the detention of additional family members.

The constitution states courts are independent and that courts will carry out judicial proceedings in strict accordance with the law; however, an independent judiciary does not exist. According to the 2018 KINU white paper, there were many reports of bribery and corruption in the investigations or preliminary examination process and in detention facilities, as well as by judges and prosecutors in the trial stage.

TRIAL PROCEDURES

Little information was available on formal criminal justice procedures and practices, and outside access to the legal system was limited to trials for traffic violations and other minor offenses.

The constitution contains elaborate procedural protections, providing that cases should be public, except under circumstances stipulated by law. The constitution also states that the accused has the right to a defense, and when the government held trials, they reportedly assigned lawyers. Some reports noted a distinction between those accused of political, as opposed to nonpolitical, crimes and claimed that the government offered trials and lawyers only to the latter. MSS conducted “pretrials” or preliminary examinations in all political cases, but the court system conducted the trial. Some defectors testified that the MSS also conducted trials. There was no indication that independent, nongovernmental defense lawyers existed. According to the 2013 Hidden Gulag report, most inmates were sent to prison camps without trial, without knowing the charges against them, and without having legal counsel. There were no indications authorities respected the presumption of innocence. According to the UN COI report, “the vast majority of inmates are victims of arbitrary detention, since they are imprisoned without trial or on the basis of a trial that fails to respect the due process and fair trial guarantees set out in international law.”

POLITICAL PRISONERS AND DETAINEES

While the total number of political prisoners and detainees remained unknown, the 2018 KINU white paper reported the state detained between 80,000 and 120,000 in the kwanliso. Guards held political prisoners separately from other detainees. NGOs and media reported political prisoners were subject to harsher punishments and fewer protections than other prisoners and detainees. The government considered critics of the regime to be political criminals. The government did not permit access to persons by international humanitarian organizations or religious organizations resident in China. Reports from past years described political offenses as including attempting to defect to South Korea or contacting family members who have defected to South Korea, sitting on newspapers bearing Kim Il Sung’s or Kim Jong Il’s picture, mentioning Kim Il Sung’s limited formal education, or defacing photographs of the Kims. The UN COI report noted that many “ordinary” prisoners were, in fact, political prisoners, “detained without a substantive reason compatible with international law.”

CIVIL JUDICIAL PROCEDURES AND REMEDIES

According to the constitution, “citizens are entitled to submit complaints and petitions. The state shall fairly investigate and deal with complaints and petitions as fixed by law.” Under the Law on Complaint and Petition, citizens are entitled to submit complaints to stop encroachment upon their rights and interests or seek compensation for the encroached rights and interests. Reports noted government officials did not respect these rights. Individuals and organizations do not have the ability to appeal adverse domestic decisions to regional human rights bodies.

The constitution provides for the inviolability of person and residence and the privacy of correspondence; however, the government did not respect these provisions. The regime subjected its citizens to rigid controls. The regime reportedly relied upon a massive, multilevel system of informants to identify those it sees as critics. Authorities sometimes subjected entire communities to security checks, entering homes without judicial authorization.

The government appeared to monitor correspondence, telephone conversations, emails, text messages, and other digital communications. Private telephone lines operated on a system that precluded making or receiving international calls; international telephone lines were available only under restricted circumstances.

A 2015 survey conducted by InterMedia found that 28 percent of respondents (recent defectors and North Korean businesspersons in China) had owned a domestic cell phone in North Korea. Citizens must go through a lengthy bureaucratic process to obtain a mobile phone legally, and authorities strictly monitored mobile phone use. Additionally, 14 percent of defectors reported owning a Chinese mobile phone. DPRK authorities frequently jammed cellular phone signals along the China-DPRK border to block the use of the Chinese cell network to make international phone calls. The MSS reportedly engaged in real-time surveillance of mobile phone communications. Authorities arrested those caught using such cell phones with Chinese SIM cards and required violators to pay a fine or face charges of espionage or other crimes with harsh punishments, including lengthy prison terms. Testimonies recorded by NGOs indicated prisoners could avoid punishment through bribery of DPRK officials.

In December 2017 the government reportedly temporarily shut down landline telephone services nationwide in order to change its phone number system. The move was allegedly made after an internal telephone directory, containing both government and private numbers, was smuggled out of North Korea.

The government divided citizens into strict loyalty-based classes known as “songbun,” which determined access to employment, higher education, place of residence, medical facilities, certain stores, marriage prospects, and food rations.

Numerous reports noted authorities practiced collective punishment. The state imprisoned entire families, including children, when one member of the family was accused of a crime. Collective punishment reportedly can extend to three generations.

NGOs reported the eviction of families from their places of residence without due process.

There were no reports the government or its agents committed arbitrary or unlawful killings.

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and there were no reports government officials employed them.

In June the Eastern High Court ordered the Ministry of Defense to compensate 18 Iraqi civilians who were tortured during the Iraq War in 2014. The court ruled that the Danish soldiers involved did not torture the Iraqi civilians themselves but they failed to prevent torture from occurring.

Prison and Detention Center Conditions

Prison and detention center conditions generally met established domestic and international standards. There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: In July several media outlets reported that prisons were “crowded to the bursting point” with an average occupancy rate of nearly 100 percent. A total of 33 institutions had more inmates than cells. The Danish Prison Association, which acted as a union for prison employees, described the situation as critical due to the lack of space and personnel.

In July the parliamentary ombudsman, the Danish Institute against Torture (DIGNITY), and the Danish Institute of Human Rights (DIHR) published a report regarding incarcerated youths ages 15-17. According to DIHR, authorities continued occasionally to hold pretrial detainees with convicted criminals and to detain minors older than 15 with adults.

Independent Monitoring: The parliamentary ombudsman also functioned as a prison ombudsman. The government additionally permitted monitoring visits by independent human rights observers and the media. The Council of Europe’s Committee for the Prevention of Torture, the International Committee of the Red Cross, and other independent nongovernmental organization (NGO) observers, regularly received access to police headquarters, prisons, establishments for the detention of minors, asylum centers, and other detention facilities.

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police maintains internal security and, jointly with the Danish Immigration Service, is responsible for border enforcement at the country’s ports of entry. The Ministry of Justice oversees both services. The Armed Forces report to the Ministry of Defense and have responsibility for external security in addition to some domestic security responsibilities, such as disaster response and maritime sovereignty enforcement. The Home Guard, a volunteer militia under the Ministry of Defense but without constabulary powers, assists the National Police in conducting border checks.

Civilian authorities maintained effective control over the National Police, the Danish Immigration Service, and the Armed Forces, and the government has effective mechanisms to investigate and punish abuse.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law allows police both to begin investigations and to make arrests on their own initiative based upon observed evidence, or to enforce a court order following an indictment filed with the courts by public prosecutors.

The law mandates that citizens and legal migrants taken into custody appear before a judge within 24 hours. The law requires police to make every effort to limit post-arrest detention time to less than 12 hours. Authorities may hold irregular migrants up to 72 hours before bringing them before a judge or releasing them. A migrant is generally classified as irregular when the individual does not have the required authorization or documents for legal immigration. During the 72-hour holding period, the National Police and the Danish Center for Human Trafficking, and other antitrafficking NGOs, if needed, can review an irregular migrant’s case to determine whether the migrant is a victim of human trafficking. In addition, the Ministry of Immigration and Integration can suspend the requirement for a 72-hour case review if the volume of asylum requests exceeds the ability of the government to complete reviews within 72 hours. Authorities can extend detention beyond 72 hours to conduct additional research in cases where the migrant’s country of origin or identity cannot be positively verified.

Authorities generally respected the right of detainees to a prompt judicial determination and informed them promptly of charges against them. There is no bail system; judges decide either to release detainees on their own recognizance or to keep them in detention until trial. A judge may authorize detention prior to trial only when authorities charge the detainee with a violation that could result in a prison sentence of more than 18 months or when the judge determines the detainee would seek to impede the investigation of the case, would be a flight risk, or would be likely to commit a new offense. The standard period of pretrial custody is up to four weeks, but a court order may further extend custody in four-week increments.

Arrested persons have the right to unsupervised visits with an attorney from the time police bring them to a police station. Police frequently delayed such access until the accused appeared in court for a remand hearing. The government provides counsel for those who cannot afford legal representation. Detainees have the right to inform their next of kin of their arrest, although authorities may deny this right if information about the detention could compromise the police investigation. Detainees have the right to obtain medical treatment, and authorities generally respected this right. Police may deny other forms of visitation, subject to a court appeal, but generally did not do so. Fewer detainees were sent to isolation than in previous years, but the practice was still used as a method of punishment.

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy the right to a presumption of innocence; a prompt and detailed notification of the charges against them; a fair, timely, and public trial without undue delay; be present at their trial; communicate with an attorney of their choice (or have one provided at public expense if unable to pay); have adequate time and facilities to prepare a defense; free interpretation as necessary from the moment charged through all appeals; confront prosecution or plaintiff witnesses and present one’s own witnesses and evidence; not to be compelled to testify or confess guilt; and appeal one’s case.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals or organizations may bring civil lawsuits seeking damages for a human rights violation. The complainant may also pursue an administrative resolution. The law provides that persons with “reasonable grounds” may appeal court decisions to the European Court of Human Rights if they involve alleged violations of the European Convention on Human Rights, but only after they exhaust all avenues of appeal in national courts.

PROPERTY RESTITUTION

The government reports, and the Jewish Community confirms, that Holocaust-era restitution has not been an issue and that no litigation or restitution claims regarding real or immovable property covered by the Terezin Declaration, to which the government is signatory, were pending before authorities.

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

There were reports the government or its agents committed arbitrary or unlawful killings.

According to a human rights group, on July 9, state security forces shot and killed a young man in Northern Djibouti during an investigation into an armed rebel group.

In 2015 the government investigated law enforcement officials and civilians allegedly responsible for killing as many as 30 persons gathering for a religious ceremony. The government did not find any law enforcement officials responsible for the deaths. Several civilian cases related to the same incident remained pending.

Authorities seldom took known actions to investigate reported cases of arbitrary or unlawful killings from previous years or to try suspected perpetrators.

The government prioritized investigating and arresting alleged members of a rebel group after accusing the group of a May attack on heavy machinery for the construction of a controversial road project in the North.

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices; however, according to credible local sources, security forces assaulted detainees.

Security forces arrested and abused journalists, demonstrators, and opposition members.

On March 26, domestic human rights groups stated that Documentation and Security Service (SDS) personnel detained and beat Mohamed Ahmed Ali after he produced a series of Facebook posts. The motive for his arrest was unclear. He was released one week later without trial.

Prison and Detention Center Conditions

International organizations reported prison conditions remained harsh. The country had one central prison, Gabode, in the capital and a second, smaller regional prison in Obock, as well as small jails supervised by local police or gendarmes. These jails often served as holding cells before detainees were moved to the central prison. The Nagad Detention Facility, operated by police, primarily held irregular migrants and was not part of the prison system. There were reports police and gendarmes abused prisoners.

Physical Conditions: Gabode Prison conditions of detention for women were similar to those for men, although less crowded. Authorities allowed young children of female prisoners to stay with their mothers. The prison population exceeded the facility’s original planned capacity by almost double. Due to space constraints, authorities did not always hold pretrial detainees separately from convicted prisoners, nor were violent offenders always separated from nonviolent offenders. Authorities occasionally separated opposition supporters from the rest of the prison population. Authorities provided poor lighting and heating, limited potable water and ventilation, and poor sanitation conditions for the prison population.

Prisoners with mental disabilities, who constituted a growing percentage of the prison population, regularly received adequate care. They were kept in the infirmary, although separately from prisoners with serious communicable diseases. They had access to psychiatric services through the national health system.

Conditions in jails, which held detainees until their summary release or transfer to the central prison, were poor. Jails had no formal system to feed or segregate prisoners and did not provide consistent medical services. Prisoners were fed on a regular basis.

Conditions at the Nagad Detention Facility were poor, although detainees had access to potable water, food, and medical treatment. Authorities deported most detainees who were foreign nationals within 24 hours of arrest. While normally used for irregular migrants, the government also used the Nagad Detention Facility as a temporary holding place for civilians arrested during political demonstrations or engaged in political activity.

Government statistics indicated no prisoner or detainee deaths during the year.

Administration: Officials investigated reports of cases of inhuman conditions that they deemed credible. The government-sponsored National Commission for Human Rights conducted an annual tour of the prisons but did not release a public report.

Independent Monitoring: The government usually granted prison access to foreign embassies for cases of foreign citizens detained in the prisons. Authorities allowed International Committee of the Red Cross representatives to visit the Nagad Detention Facility and the Gabode Prison quarterly to assess general prison conditions. The government also allowed embassy officials to visit Gabode Prison.

According to an independent organization, high-profile refugees–formerly prisoners of war–received adequate treatment at the Nagad Detention Facility, including mental health services.

Improvements: A permanent doctor and four nurses were available at the prison. The medical staff provided specialized medicine for those detainees with specific illnesses such a tuberculosis or diabetes. An international organization provided female prisoners with specialized hygiene kits on a regular basis. Government officials organized a fundraiser to donate sanitary kits and stationary materials to female prisoners and children. Women prisoners had access to vocational training and income-generating activities.

The law prohibits arbitrary arrest and detention, but the government did not respect these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

Security forces include the National Police under the Ministry of Interior, the Army and National Gendarmerie under the Ministry of Defense, and the Coast Guard under the Ministry of Transport. An elite Republican Guard unit protects the president and reports directly to the presidency. A separate National Security Service also reports directly to the presidency. The National Police is responsible for security within Djibouti City and has primary control over immigration and customs procedures for all land border-crossing points. The National Gendarmerie is responsible for all security outside of Djibouti City and is responsible for protecting critical infrastructure within the city, such as at the international airport. The army is responsible for defense of the national borders. The Coast Guard enforces maritime laws, including interdicting pirates, smugglers, traffickers, and irregular migrants.

Security forces were generally effective, although corruption was a problem in all services, particularly in the lower ranks where wages were low. Each security force has a unit responsible for investigating allegations of misconduct, and the Ministry of Justice is responsible for prosecution. During the year the government received one formal complaint of law enforcement misconduct. The state prosecutor brought charges against two law enforcement officers accused of abusing a detainee during an arrest. The case continued at year’s end. Authorities took no action to investigate complaints of misconduct from previous years. Impunity was a serious problem.

The National Police has a Human Rights Office and has integrated human rights education into the police academy curriculum.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires arrest warrants and stipulates the government may not detain a person beyond 48 hours without an examining magistrate’s formal charge; however, the government generally did not respect the law, especially in rural areas. Authorities may hold detainees another 48 hours with the prior approval of the public prosecutor. The law provides that law enforcement authorities should promptly notify detainees of the charges against them, although there were delays. The law requires that all persons, including those charged with political or national security offenses, be tried within eight months of arraignment, although the government did not respect this right. The law contains provisions for bail, but authorities rarely made use of it. Detainees have the right to prompt access to an attorney of their choice, which generally occurred, although there were exceptions. In criminal cases the state provides attorneys for detainees who cannot afford legal representation. In instances of unlawful detention, detainees could get court ordered release but not compensation.

Arbitrary Arrest: During the year government officials arbitrarily arrested journalists, opposition members, academics, and demonstrators, often without warrants.

For example, in February SDS personnel arrested Abdou Mohamed Bolock for complaining on Facebook that the Obock Region lost legislative seats under the leadership of the prime minister. He was detained and later released without charge.

In October, after a traffic dispute, a foreign contractor was beaten, unlawfully detained, and denied access to the person’s embassy. The contractor was released after two days in detention and ordered to leave the country.

Pretrial Detention: Lengthy pretrial detention was a problem. Prisoners often waited two, three, or more years for their trials to begin. Judicial inefficiency and a lack of experienced legal staff contributed to the problem.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: After release detainees have the ability to challenge lawfulness of detention. Due to mistrust of the judicial procedure and fear of retaliation, the majority refrained from pursuing recourse.

The constitution and law provide for an independent judiciary, but the judiciary lacked independence and was inefficient. There were reports of judicial corruption. Authorities often did not respect constitutional provisions for a fair trial.

TRIAL PROCEDURES

The legal system is based on legislation and executive decrees, French codified law adopted at independence, Islamic law (sharia), and nomadic traditions.

The law states the accused is innocent until proven guilty, but trials did not proceed in accordance with the presumption of innocence. Trials generally were public. A presiding judge and two associate judges hear cases. Three lay assessors, who are not members of the bench but are considered sufficiently knowledgeable to comprehend court proceedings, assist the presiding judge. The government chooses lay assessors from the public. In criminal cases the court consists of the presiding judge of the court of appeal, two lay assessors, and four jurors selected from voter registration lists. The law provides that detainees be notified promptly and in detail of the charges against them. Although the law requires the state to provide detainees with free interpretation when needed, such services were not always made available. Detainees have the right to prompt access to an attorney of their choice. Defendants have the right to be present, consult with an attorney in a timely manner, confront witnesses, present witnesses and evidence on their own behalf, and generally have adequate time and facilities to prepare a defense. Authorities generally respected these rights. The indigent have a right to legal counsel in criminal and civil matters but sometimes did not have legal representation. Defendants have the right not to be compelled to testify or confess guilt. Defendants have the right of appeal, although the appeals process was lengthy. The law extends these rights to all citizens.

Traditional law often applied in cases involving conflict resolution and victim compensation. Traditional law stipulates that compensation be paid to the victim’s family for crimes such as killing and rape. Most parties preferred traditional court rulings for sensitive issues such as rape, where a peaceful consensus among those involved was valued over the rights of victims. Families often pressured victims to abide by such rulings.

POLITICAL PRISONERS AND DETAINEES

There were arbitrary arrests of opposition supporters.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

In cases of human rights violations, citizens could address correspondence to the National Human Rights Commission. On a variety of matters, citizens could also seek assistance from the Ombudsman’s Office, which often helped resolve administrative disputes among government branches. Citizens could also appeal decisions to the African Court on Human and Peoples’ Rights. The government did not always comply with those bodies’ decisions and recommendations pertaining to human rights.

Although the constitution and law prohibit such actions, the government did not respect these prohibitions. The law requires authorities to obtain a warrant before conducting searches on private property, but the government did not always respect the law. Government critics claimed the government monitored their communications and kept their homes under surveillance.

The government monitored digital communications intended to be private and punished their authors (see section 2.a., Internet Freedom).

While membership in a political party was not required for government jobs, civil servants who publicly criticized the government faced reprisals at work, including suspension, dismissal, and nonpayment of salaries.

There were numerous reports that the government or its agents committed arbitrary or unlawful killings. In November Ruben Dario Hipolite Martinez, who was wanted for allegedly shooting a Navy spokesman, was shot and killed minutes after pleading for his life on a live internet video stream, according to media accounts. A National Police spokesman stated the officers involved were suspended and under investigation. The National Human Rights Commission (NHRC), a nongovernmental organization (NGO), reported 115 extrajudicial killings by police forces as of December 10.

As of November Fernando de los Santos was in detention and awaiting trial. The former police lieutenant had been wanted since 2011 for the killing of two men and had been named in media accounts as the suspect in the killing of at least 30 persons. Some of those killed were believed to be criminals wanted by police, while others were killings for hire committed on behalf of drug traffickers, according to media accounts.

There were no reports of disappearances by or on behalf of government authorities. The NHRC reported it continued to investigate six unresolved disappearance cases of human rights activists that occurred between 2009 and 2014, some of which they believed were politically motivated.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits torture, beating, and physical abuse of detainees and prisoners, there were reports security force members, primarily police, carried out such practices.

The NHRC reported police used various forms of physical and mental abuse to obtain confessions from detained suspects. According to the NHRC, methods used to extract confessions included covering detainees’ heads with plastic bags, hitting them with broom handles, forcing them to remain standing overnight, and hitting them in the ears with gloved fists or hard furniture foam so as not to leave marks. In June the newspaper El Caribe reported allegations that inmates in Rafey Jail were frequently tortured, which penitentiary authorities denied.

Prison and Detention Center Conditions

Prison conditions ranged from general compliance with international standards in “model” prisons or correctional rehabilitation centers (CRCs) to harsh and life threatening in “traditional” prisons. Threats to life and health included communicable diseases, inadequate sanitary conditions and medical care, a lack of well-trained prison guards, and prisoner-on-prisoner violence, all of which were exacerbated in the severely overcrowded traditional prisons.

Physical Conditions: Gross overcrowding was a problem in traditional prisons. The Directorate of Prisons reported that as of August there were 17,094 prisoners in traditional prisons and 9,192 in CRCs, a ratio that remained constant for the past several years because traditional prisons had not been phased out. La Victoria, the oldest traditional prison, held nearly 8,000 inmates, although it was designed for a maximum capacity of 2,011. The inmate population at all 19 traditional prisons exceeded capacity, while only one of 22 CRCs was over capacity. Both male and female inmates were held in La Romana Prison but in separate areas.

Police and military inmates received preferential treatment, as did those in traditional prisons with the financial means to rent preferential bed space and purchase other necessities.

According to the Directorate of Prisons, military and police personnel guarded traditional prisons, while a trained civilian guard corps provided security at CRCs. Reports of mistreatment and violence in traditional prisons were common, as were reports of harassment, extortion, and inappropriate searches of prison visitors. Some traditional prisons remained effectively outside the control of authorities, and there were reports of drug and arms trafficking, prostitution, and sexual abuse within prisons. Wardens at traditional prisons often controlled only the perimeter, while inmates controlled the inside with their own rules and system of justice. Although the law mandates separation of prisoners according to severity of offense, authorities did not have the capability to do so.

In traditional prisons, health and sanitary conditions were generally inadequate. Prisoners often slept on the floor because there were no beds available. Prison officials did not separate sick inmates. Delays in receiving medical attention were common in both the traditional prisons and CRCs. All prisons had infirmaries, but most infirmaries did not meet the needs of the prison population. In most cases inmates had to purchase their own medications or rely on family members or other outside associates to deliver their medications. Most reported deaths were due to illnesses. According to the Directorate of Prisons, all prisons provided HIV/AIDS treatment, but the NHRC stated that none of the traditional prisons were properly equipped to provide such treatment.

In CRCs, some prisoners with mental disabilities received treatment, including therapy, for their conditions. In traditional prisons, the government did not provide services to prisoners with mental disabilities. Neither CRCs nor traditional prisons provided access for inmates with disabilities, including ramps for wheelchairs.

The International Organization for Migration (IOM) reported that migration detention centers were not adequately equipped to accommodate large numbers of detainees and at times were overcrowded. IOM representatives noted the centers needed improved sanitary facilities, better access to drinking water, and more structures to protect waiting detainees from the sun. The General Directorate of Migration generally provided food to detainees being held at the border with Haiti but at times asked the IOM for support.

In October 2017 the Constitutional Tribunal declared the condition of some jails were a “gross and flagrant” violation of the constitution and ordered the Attorney General’s Office to take steps to improve them within 180 days or face a fine of approximately 21,450 pesos ($430) per day. In April the attorney general announced the creation of “mobile courts” at some prisons, including the largest, La Victoria, to speed up the processing of cases and reduce overcrowding.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted visits and monitoring by independently funded and operated nongovernmental observers and media. The NHRC, National Office of Public Defense, Attorney General’s Office, and CRC prison administration together created human rights committees in each CRC that were authorized to conduct surprise visits.

The constitution prohibits detention without a warrant unless authorities apprehend a suspect during the commission of a criminal act or in other special circumstances but permits detention without charge for up to 48 hours. The constitution provides for the right of any person to challenge the lawfulness of his or her detention in court, and the government generally observed this requirement. Arbitrary arrest and detention were problems, and there were numerous reports of individuals held and later released with little or no explanation for the detention. NGOs reported many detainees were taken into custody at the scene of a crime or during drug raids. In many instances authorities fingerprinted, questioned, and then released those detainees.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Interior and Police oversees the National Police, Tourist Police, and Metro Police. The Ministry of Armed Forces directs the military, Airport Security Authority and Civil Aviation, Port Security Authority, and Border Security Corps. The National Department of Intelligence and the National Drug Control Directorate, which have personnel from both police and armed forces, report directly to the president.

Civilian authorities at times did not maintain effective control over security forces, including police and military forces. The government has effective mechanisms to investigate and punish abuses; however, the NHRC alleged security forces sometimes act with impunity.

The Internal Affairs Unit investigates charges of gross misconduct by members of the National Police. These cases involved physical or verbal aggression, threats, improper use of a firearm, muggings, and theft. Police officers found to have acted outside of established police procedures were fired or prosecuted.

Training for military and the National Drug Control Directorate enlisted personnel and officers and the National Police included instruction on human rights. The Ministry of the Armed Forces provided human rights training or orientation to officers of various ranks as well as to civilians during the year. The Border Security Corps conducted mandatory human rights training at its training facilities for border officers. The Graduate School of Human Rights and International Humanitarian Rights trained civilians and armed forces personnel. The school also had programs in which members of the armed forces and civilians from the Supreme Court, congress, district attorney offices, government ministries, National Police, and Central Electoral Board participated.

In October 2017 the National Police announced that officers and recruits applying to join the police force who were suspected of corruption would be required to take polygraph tests. In June the chief of the National Police said 1,416 officers had been removed from the force during his first 10 months in office after internal affairs investigations found they had committed misconduct. In September the National Police warned commanding officers that if they did not declare their financial assets as required by law, they could lose their commands.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law provides that an accused person may be detained for up to 48 hours without a warrant before being presented to judicial authorities. The law also permits police to apprehend without an arrest warrant any person caught in the act of committing a crime or reasonably linked to a crime, such as in cases involving hot pursuit or escaped prisoners. Police sometimes detained suspects for investigation or interrogation longer than 48 hours. Police often detained all suspects and witnesses to a crime. Successful habeas corpus hearings reduced abuses of the law significantly. There was a functioning bail system and a system of house arrest, but these provisions were rarely used in cases involving foreigners.

The law requires provision of counsel to indigent defendants, although staffing levels were inadequate to meet demand. The National Office of Public Defense represented 71 percent of the criminal cases brought before the courts as of August, covering 28 of 34 judicial districts. Many detainees and prisoners who could not afford private counsel did not have prompt access to a lawyer. Prosecutors and judges handled interrogations of juveniles, which the law prohibits by or in the presence of police.

Arbitrary Arrest: Police made sporadic sweeps or roundups in low-income, high-crime communities during which they arrested and detained individuals without warrants. During these operations police arrested large numbers of residents and seized personal property allegedly used in criminal activity.

Pretrial Detention: Many suspects endured long pretrial detention. Under the criminal procedures code, a judge may order detention to be between three and 18 months. According to the Directorate of Prisons, as of October, 60 percent of inmates were in pretrial custody. The average pretrial detention time was three months, but there were reports of cases of pretrial detention lasting up to three years, including three foreign citizens held in pretrial detention since 2015 (two of whom were granted bail in September). Time served in pretrial detention counted toward completing a sentence.

The failure of prison authorities to produce detainees for court hearings caused some trial postponements. Many inmates had their court dates postponed due to a lack of transportation from prison to court or because their lawyer, codefendants, interpreters, or witnesses did not appear. Despite additional protections for defendants in the criminal procedures code, in some cases authorities held inmates beyond the legally mandated deadlines even when there were no formal charges against them.

The law provides for an independent judiciary; however, the government did not respect judicial independence and impartiality. Improper influence on judicial decisions was widespread. Interference ranged from selective prosecution to dismissal of cases amid allegations of bribery or undue political pressure. The judiciary routinely dismissed high-level corruption cases. Corruption of the judiciary was also a serious problem. The National Office of Public Defense reported the most frequent form of interference with judicial orders occurred when authorities refused to abide by writs of habeas corpus to free detainees.

The Office of the Inspector of Tribunals, which disciplines judges and handles complaints of negligence, misconduct, and corruption, increased its technical training beginning in 2016, and as a result it opened more investigations. As of September the office had completed more than 700 inspections and investigations, more than triple the number completed in 2015. In April the Judicial Council approved revised, more stringent disciplinary regulations for judges. In June judicial authorities stated that in the past two years seven judges had been suspended, 10 demoted, and 15 expelled. Authorities also reprimanded or suspended 92 administrators, expelled 117, and were pursuing another 254 cases.

TRIAL PROCEDURES

The law provides for the right to a defense in a fair and public trial; however, the judiciary did not always enforce this right.

The District Attorney’s Office is required to notify the defendant and attorney of criminal charges. The law provides for a presumption of innocence, the right to confront or question witnesses, and the right against self-incrimination. Defendants have the right to be present at their trial and consult with an attorney in a timely manner, and the indigent have a right to a public defender. Defendants have the right to present their own witnesses and evidence. The law provides for free interpretation as necessary. The constitution also provides for the right to appeal and prohibits higher courts from increasing the sentences of lower courts. The courts frequently exceeded the period of time provided by the criminal procedures code when assigning hearing dates.

Military and police tribunals share jurisdiction over cases involving members of the security forces. Military tribunals have jurisdiction over cases involving violations of internal rules and regulations. Civilian criminal courts handle cases of killings and other serious crimes allegedly committed by members of the security forces.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There are separate court systems for claims under criminal law, commercial and civil law, and labor law. Commercial and civil courts reportedly suffered lengthy delays in adjudicating cases, although their decisions were generally enforced. As in criminal courts, undue political or economic influence in civil court decisions remained a problem.

Citizens have recourse to file an amparo, an action to seek redress of any violation of a constitutional right, including violations of human rights protected by the constitution. This remedy was used infrequently and only by those with sophisticated legal counsel.

The law prohibits arbitrary entry into a private residence, except when police are in hot pursuit of a suspect, a suspect is caught in the act of committing a crime, or police suspect a life is in danger. The law provides that all other entries into a private residence require an arrest or search warrant issued by a judge. Police conducted illegal searches and seizures, however, including raids without warrants on private residences in many poor neighborhoods.

Although the government denied using unauthorized wiretaps, monitoring of private email, or other surreptitious methods to interfere with the private lives of individuals and families, human rights groups and opposition politicians alleged such interference occurred. Opposition political parties alleged government officials at times threatened subordinates with loss of employment and other benefits to compel them to support the incumbent PLD party and attend PLD campaign events.

There were several reports on social media of the government or its agents committing arbitrary or unlawful killings; however, for most such reports of killings besides those specified below, no independent confirmation was possible, leading to uncertainty regarding the frequency of the incidents and the total number of persons arbitrarily deprived of life.

Human rights nongovernmental organizations (NGOs) continued to report deaths resulting from abuse in prisons and pretrial detention centers (see sections 1.c. and 1.g.).

On July 23, 13 persons between the ages of 12 and 22 died in police custody in the Chacona police station in Brazzaville. Significant public backlash contributed to a shifting government narrative of the incident. The government’s public prosecutor originally announced that the deaths resulted from armed street violence between rival gangs. On July 26, however, the minister of interior admitted before Parliament that the young men died in unclear circumstances in police custody. In the days following the incident, the government announced it would launch an investigation into the incident, detained members of the police unit that worked at the Chacona police station, and paid families 2,000,000 Central African Francs each ($3,530). As of December 10, a judicial review was underway but not yet complete.

There were no new reports of politically motivated disappearances. There was no new information on the February 2017 disappearances of Nimi Ngoma Guedj, Akonga Hosny Normand, and Awambi Elmich, who were arrested and detained at the Poto-Poto 2 police jail facility.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits torture, and the law contains a general prohibition against assault and battery, but there is no legal framework specifically banning torture under the criminal code. There were reports of cases of cruel, inhuman, and degrading treatment.

In January authorities released Dongui Christ, an activist, from custody. Authorities had accused Christ of spreading false information and disturbing the public order and subjected him to cruel, inhuman, and degrading treatment during his detention.

The United Nations reported that during the year it received two allegations of sexual exploitation and abuse against peacekeepers from the Republic of the Congo deployed in the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA). One case alleged sexual assault (rape), the other allegation reported sexual exploitation (exploitative relationships involving 13 peacekeepers and 11 victims). Investigations by both the UN and the ROC government were pending. Four allegations were reported in 2017, of which two were pending (and one was unsubstantiated). Ten allegations dating back to 2015 were pending. In 2017 a UN review of the deployment of uniformed personnel from the ROC in MINUSCA found that the nature and extent of allegations of sexual exploitation and abuse pointed to systemic problems in command and control, leading the Republic of the Congo to withdraw its military personnel deployed in MINUSCA.

In June the government convicted three ROC military personnel accused of committing war crimes in the Central African Republic (CAR). A court sentenced the three military personnel to three years in prison before releasing them for time served. The armed forces reportedly imposed nonjudicial punishments on personnel accused of sexual exploitation and abuse in the CAR.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and life threatening due to inadequate sanitary conditions, gross overcrowding, and a severe deficit of medical and psychological care.

Physical Conditions: As of September the Brazzaville Prison, built in 1943 to accommodate 150 inmates, held more than 1,016, including 33 women and 17 minors. The Pointe-Noire Prison, built in 1934 to hold 75 inmates, held an estimated 325 persons. Police stations regularly housed individuals in their limited incarceration facilities beyond the maximum statutory holding period of 72 hours. In addition to these official prisons, the government’s intelligence and security services operated several secret detention centers and security prisons, which were inaccessible for inspection.

Authorities generally maintained separate areas within facilities for minors, women, and men in Brazzaville and Pointe-Noire. In Brazzaville, while these areas were separate, they were sometimes easily accessible with no locked entryways. In the other 10 prisons, authorities sometimes held juvenile detainees with adult prisoners.

Prison conditions for women were generally better than those for men. There was less crowding in the women’s cells than in those for men. Authorities held pretrial detainees with convicted prisoners. In Brazzaville, authorities housed and treated prisoners with illnesses in one area but allowed them to interact with other inmates.

In the Brazzaville Prison, conditions for wealthy or well connected prisoners generally were better than conditions for others.

There were several reported deaths resulting from abuse, neglect, and overcrowding in prisons and pretrial detention centers. As in 2017, a local NGO reported that figures on the number and causes of death while in custody were unavailable.

In Brazzaville and Pointe-Noire, most inmates slept on the floor on cardboard or thin mattresses in small, overcrowded cells that exposed them to disease. The prisons lacked drainage and ventilation, and they had poorly maintained lighting with wiring protruding from the walls. Basic and emergency medical care was limited. Medical personnel at the Brazzaville Prison cited tuberculosis, dysentery, malaria, and HIV as the most common maladies affecting prisoners. Authorities did not provide specialized medical care to prisoners with HIV/AIDS, nor were HIV tests available in prisons. Authorities took pregnant women to hospitals to give birth, and authorities sometimes allowed them to breastfeed their infants in prison. Access to social services personnel was severely limited due to insufficient staffing, overcrowding, and stigmatization of those with mental health issues. Prisoners had weekly access to Christian religious services only. Prison authorities permitted outdoor exercise intermittently.

Prison inmates reportedly received, on average, two daily meals consisting of rice, bread, and fish or meat. The food provided in prisons did not meet minimum caloric or nutrition requirements; however, prison authorities usually permitted inmates’ families to supply them with additional food. Authorities permitted women to cook over small fires built on the ground in a shared recreational space. The Pointe-Noire Prison occasionally had running water. All of the prisons supplied potable water to inmates in buckets.

Administration: Prison rules provide for prisoners and detainees to submit complaints to judicial authorities without censorship, but officials did not respect this right. Authorities did not investigate credible allegations of inhuman conditions brought to them by NGOs and detainees’ families.

Access to prisoners generally required a communication permit from a judge. The permit allowed visitors to spend five to 15 minutes with a prisoner, although authorities usually did not strictly enforce this limit. In most cases, visits took place either in a crowded open area or in a small room with one extended table where approximately 10 detainees sat at a time. A new permit is technically required for each visit, but families were often able to return for multiple visits on one permit. Since many prisoners’ families lived far away, visits often were infrequent because of the financial hardship of travel.

Independent Monitoring: The government provided domestic and international human rights groups with limited access to prisons and detention centers. Observers generally considered the primary local NGO focused on prison conditions independent; authorities, however, denied it access to the interior of several different prisons on multiple occasions throughout the year.

Throughout the year, human rights NGOs that monitored detention conditions requested letters of permission from the Ministry of Justice to visit prisons. Their repeated requests went unanswered.

Representatives of religiously affiliated charitable organizations visited prisons and detention centers for charitable work and religious counseling. Authorities granted diplomatic missions’ access to both prisons and police jails to provide consular assistance to their citizens.

The constitution and law prohibit arbitrary arrest and detention, but local NGOs report arbitrary arrest continued to be a problem. The constitution and law provide detainees the right to challenge the legal basis of their detention before a competent judge or authority, but the government generally did not observe the law.

ROLE OF THE POLICE AND SECURITY APPARATUS

Security forces consist of police, the gendarmerie, and the military. Police and the gendarmerie are responsible for maintaining internal order, with police primarily operating in cities and the gendarmerie mainly in other areas. Military forces are responsible for territorial security, but some units also have domestic security responsibilities. For example, the specialized Republican Guard battalion provides protection for the president, government buildings, and diplomatic missions. The Ministry of Defense oversees the military and gendarmerie, and the Ministry of the Interior and Decentralization oversees the police.

A civilian police unit under the Ministry of Interior and Decentralization is responsible for patrolling the borders. Separately, a military police unit reports to the Ministry of Defense and is composed of military and police officers responsible for investigating professional misconduct by members of any of the security forces.

Civilian authorities generally maintained effective control over the security forces; however, there were members of the security forces who acted independently of civilian authority, committed abuses, and engaged in malfeasance. The law charges both the military police and the Office of the Inspector General of Police with investigating reports of misconduct by security forces. The civilian justice system is responsible for conducting trials of military force members accused of crimes.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution and law require that a duly authorized official issue warrants before making arrests, a person be apprehended openly, a lawyer be present during initial questioning, and detainees be brought before a judge within three days and either charged or released within four months. The government habitually violated these provisions. There is a bail system, but with 70 percent of the population living in poverty, most detainees could not afford to post bail. There is an option for provisional release, but officials usually denied these requests, even for detainees with serious medical conditions. Authorities sometimes informed detainees of charges against them at the time of arrest, but filing of formal charges often took at least one week. There were reports that authorities arrested detainees secretly and without judicial authorization and sometimes detained suspects incommunicado or put them under de facto house arrest. Police at times held persons for six months or longer before filing charges due to the political nature of the case or administrative errors. Observers attributed most administrative delays to lack of staff in the Ministry of Justice and the court system. Family members sometimes received prompt access to detainees but often only after payment of bribes. The law requires authorities to provide lawyers to indigent detainees facing criminal charges at government expense, but this usually did not occur.

The penal code states authorities may hold a detainee for a maximum of 48 to 72 hours in a police jail before an attorney general reviews the case. Thereafter, authorities must decide to release or to transfer the individual to a prison for pretrial detention. Authorities generally did not observe the 72-hour maximum and frequently held detainees for several weeks before an attorney general freed or transferred them to a prison to await trial. The criminal code states that a defendant or accused person may apply for provisional release at any point during his or her detention, from either an investigating judge or a trial court, depending on the type of case. The law states that provisional release should generally be granted, provided that the judicial investigation is sufficiently advanced, that the accused does not pose a risk of subornation of witnesses, and does not pose a threat of disturbance to public order caused by the offense initially alleged; however, this law was not respected in practice.

Arbitrary Arrest: Reports suggest that arbitrary and false arrests continued to occur.

In November 2017 plain-clothes members of the security forces arrested Steve Bagne Batongo, a lawyer, in Brazzaville. Authorities arrested Bagne in his law office in violation of Article 53 of Congolese Law 026-92 on the Organization of Professional Lawyers. Authorities held Bagne in custody without charge longer than the 72 hours allowed under Article 48 of the penal code. In January authorities released Bagne from detention without trial.

Prostitution is legal. Under the law procuring (arranging the prostitution of another for financial gain) and sex trafficking are illegal. In November, the Brazzaville police arrested a Cameroonian national accused of procuring prostitution. In December, the Ministry of Women’s Promotion conducted job training for 20 former female prostitutes to encourage them to pursue other types of employment. There were unconfirmed reports that police arrested prostitutes, including gay men, for alleged illegal activity.

Pretrial Detention: The penal code sets a maximum of four months in pretrial detention. Under the law pretrial detention is extendable for two additional months with judicial approval. The penal code is not clear whether the two-month extension is renewable. Judges often renewed the two-month extension of pretrial detainees. Between 60 and 75 percent of detainees in the prisons were pretrial detainees. Prison authorities stated the average provisional detention for noncriminal cases lasted one to three months and for criminal cases at least 12 months. Human rights activists, however, stated the average was much longer, commonly exceeding a year, and sometimes exceeding the maximum sentence for the alleged crime.

For example, in November 2015 authorities arrested British citizen Paulin Makaya, president of the opposition United for Congo Party, for “incitement to public disorder” for organizing and participating in an unauthorized demonstration in October 2015 against the constitutional referendum. Makaya remained in pretrial detention for two years and eight months under the charge of disturbing public order. On March 18, authorities charged Makaya with inciting disorderly conduct. His trial took place in July, and the court sentenced Makaya to one year in jail and eligible for release based on time served as of September 15. The government released Makaya on September 17.

Lengthy pretrial detentions were due to the judicial system’s lack of capacity, and a lack of political will to address the issue. The penal code defines three levels of crime: misdemeanors (punishable by less than one year in prison), the delicts (punishable by one to five years in prison), and felonies (punishable by more than five years in prison). Criminal courts try misdemeanor and delict cases regularly. The judicial system, however, suffered from a serious backlog of felony cases. By law criminal courts must hear felony cases four times per year. Due to a lack of funding, no felony cases took place from 2014 until March. Authorities held in pretrial detention those accused of felonies for the duration of this period. From March to May, criminal courts held felony sessions throughout the country. Brazzaville’s criminal court heard 132 felony cases.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The constitution and law prohibit arbitrary arrest, arbitrary detention, and false arrest and provide detainees the right to challenge the legal basis of their detention before a competent judge or authority. If an investigating judge determines a detainee to be innocent, his or her release is promptly ordered, and he or she is entitled to file suit with the Administrative Court. The government, however, generally did not observe this law. Local human rights NGOs reported numerous occasions when officials denied detainees in Brazzaville the right to challenge their detention.

The constitution and law are the framework for an independent judiciary. High caseload, lack of financial resources, political influence, and corruption remained problematic. Authorities generally abided by court orders; however, judges did not always issue direct court orders against accused authorities.

In rural areas traditional courts continued to handle many local disputes, particularly property, inheritance, and witchcraft cases, and domestic conflicts that could not be resolved within the family.

TRIAL PROCEDURES

The constitution provides for the right to a fair trial presided over by an independent judiciary, but authorities did not always respect this right. In 2011, the Ministry of Justice began to decentralize the trial process. Appeals courts existed in five departments–Brazzaville, Pointe-Noire, Dolisie, Owando, and Ouesso–and each had authority to try felony cases brought within its jurisdiction.

Under the law all defendants must be informed promptly and in detail of the charges, with free interpretation as necessary and have a right to a fair and public trial in all criminal cases and felony cases. Defendants in all criminal trials have the right to be present at their trials and to consult with an attorney in a timely manner, although this did not always occur. The law obligates the government to provide legal assistance to any indigent defendant facing serious criminal charges, but such legal assistance was not always available because the government did not generally pay for public defenders.

Defendants have the right to adequate time and facilities to prepare a defense. They also have the right to confront or question accusers and witnesses against them and present witnesses and evidence on their own behalf. Defendants have the right not to be compelled to testify or confess guilt and have the right to appeal. The law extends these rights to all citizens, and the government generally abided by these provisions, except in highly politicized cases.

POLITICAL PRISONERS AND DETAINEES

During the year, authorities released numerous prisoners and detainees. According to local NGOs, approximately 70 persons remained in detention for political reasons. On June 26, authorities released 81 supporters of the leader of the Ninja militia, Pasteur Ntumi to solidify the December 23 ceasefire agreement signed between the government and rebel forces.

In December 2017 authorities released an American citizen who served 20 months of prison time for political reasons.

Former presidential candidates Jean-Marie Michel Mokoko and Andre Okombi Salissa remained in jail as of November 14. On October 19, however, authorities released senior members of their staff including Jean Ngouabi, Jacques Banagandzala, Anatole Limbongo Ngoka, Christine Moyen, Dieudonne Dhird, and Raymond Ebonga.

The government permitted limited access to political prisoners by international human rights and humanitarian organizations and diplomatic missions.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The judiciary heard felony court cases from March to May for the first time since September 2014. Brazzaville’s felony court tried 132 pending cases.

Civil courts continued to review cases on a regular basis throughout the year. Civil courts experienced long delays, although shorter than felony courts. Individuals may file a lawsuit in court on civil matters related to human rights, including seeking damages for or cessation of a human rights violation. The public, however, generally lacked confidence in the judicial system’s ability to address human rights problems.

The constitution and law prohibit such actions; the government, however, did not always respect these prohibitions.

There were reports government authorities entered homes without judicial or other appropriate authorization, monitored private movements, and employed informer systems.

In the Pool region, a conflict between the Ninja/Nsiloulou armed rebel group and government security forces ended with a ceasefire agreement in December 2017. To the end of the reporting year, neither party to the conflict has violated the ceasefire. Authorities vacated an arrest warrant for the leader of the rebel group, Frederick Bintsamou a.k.a. “Pastor Ntumi,” in August. As of September, the judicial system had not held perpetrators of abuses committed in the Pool conflict in 2016 and 2017 accountable for any crimes committed during the conflict.

Killings: There were no reports of military or armed groups killing civilians in conflict areas during the reporting period.

Other Conflict-related Abuse: According to the UN Development Program, humanitarian workers now have access to all areas of the Pool that were restricted during the 2016-17 conflict. The government ceased restricting the passage of humanitarian relief supplies, including food, drinking water, and medical aid provided by international humanitarian organizations such as the United Nations. In June a UN agency reported that members of the Ninja armed group detained aid workers for several hours before releasing them unharmed.

UN and government sources estimated that 80 to 90 percent of the 161,000 internally displaced persons from the Pool region conflict returned home as of September. The government designated a high commissioner for reinsertion of former combatants charged with implementing DDR activities, in coordination with the United Nations, in efforts to end the conflict and reduce the possibility for violence or other human rights abuses. The minister of interior chairs the Equal Representation Ad-hoc Commission (Commission Ad-hoc Mixte Paritaire, or CAMP) charged with coordinating between the former Ninja rebel group and the government.