KAMPALA– Ugandan lawyer Steven Kalali has petitioned East African Court of justice seeking several orders and declarations to be issued against the government of Democratic Republic of Congo (DRC) for violating the rights of inmates at Makala Prison.
In his petition filed before East African Court of Justice sub registry in Kampala , filed on Thursday, Kalali accuses DRC for ignoring proposed measures of decongestion its prison facilities which resulted in to attempted prison break at Makala Prison on 2nd September 2024 thereby leading killing of some inmates on top of raping a number of women.
“ That prior to the incident, aspects of overcrowding had been intimated too in a letter dated 9th October, 2023, addressed to the Ministry of Justice, the Director of Makala Prison, Yusufu Maliki-Joseph, warns of the risk of mass Prison Escape, similar to the one on 1 7th May, 2017. In the letter, the Director clearly associates this risk with the massive and “intolerable overcrowding and inadequate conditions of Makala Prison.” Reads part of the application
Kalali also brought it to attention of court that Makala central prison was built with capacity of 1,500 inmates and had reached almost 100% of inmate capacity with population estimated around 14,714 at the time of the 1st to 2nd September 2024 , the date for attempted jail break.
“That at the time of the attempted prison break, the respondent officials at Makala prisons were keeping in detention both child/minor inmates together with adult inmates in violation of set international standards/laws/rules. Since the attempted prison breakout, local and international organizations, as well as lawyers, have been restricted access to the prison by State Authorities.”
Being that DRC is a full member of the East African Community, who ratified a number of treaties governing the region, through its actions above, it violated a number of them and thus prayed to court to issue a number of directives and orders against this country.
“That the respondent is in breach of duty to avail basic infrastructure to inmates in prison facilities is a violation of principles enshrined in Articles 3(b) , 6(d) and 7(2) of the East African Community treat and other treaties.” Kalali told court
He also asked court to compel DRC Government to compensate all victims of tragedy which occurred on the 1st -2nd September 2024 at Makala Prison.
Other declarations sought is for the court to declare that , the action of DRC Government officials to cause loss of lives of unarmed inmates was a violation of Article 7(2), 6(d) and 5(3), (f) of the East African Community treaty.
On top of that, Kalali asked court to issue an injunction stopping DRC Government from continuing with acts which contravene EAC treaty.
