LISVDHE. In North Kivu, there are eight central prisons¹ and numerous disciplinary cells – one for each police station – in addition to the cells used by military intelligence services.

When we visit a prison, we have several objectives. The first is to ascertain if the arrest was made lawfully. Was the person apprehended pursuant to an arrest warrant or summons? Was procedure followed? In the current context of war, we try to fight back against enforced disappearances, in which a person is arrested and then becomes untraceable, while we thought they were in prison. We sometimes meet with families who tell us that they haven’t seen their relative in a long time. We then have to go round to the prisons to see if the person is being held in one of them.

Next, we ensure that incarcerated individuals’ rights are respected, as well as due process for a fair trial. Are these people’s cases being reviewed by a competent judge? Is the time frame reasonable? Were they tortured?  Has the person already had a hearing? Some people spend a year in detention without appearing before a judge. When this is the case, our legal assistance team looks into who the examining magistrate is and why the person was never heard. We then attempt to secure their release until their trial.

The number of magistrates is quite limited. It is not uncommon for one person to handle 200 or 300 cases, which obviously affects the enforcement of decisions.

 We also pay attention to how incarcerated people are fed. The law stipulates three meals per day, but in reality, they only eat once – and even then, it is by grace that they find something to eat. They sometimes go to sleep hungry. Many rely on their relatives to bring food, but what about the people who were arrested 50 km from their homes and whose families do not have the means to visit them? Their circumstances are particularly difficult.

Alongside this work, we also work as advocates with judges, solicitors and authorities in the country. We call for change. We cannot stand by while these people experience so much suffering. Even if they broke the law, they should be helped. We run campaigns to raise awareness about the rights of incarcerated people. We hand out leaflets to everyone, even police officers. We place posters next to prison entrances. Five years ago, thanks to our advocacy, the prosecutor demanded that each person who arrives in detention receive a paper indicating their rights. People must know their rights so they can claim them, because we cannot be present at all times. We make solicitors available to incarcerated individuals through three free legal clinics associated with our organisation. This support service is for people who do not have a solicitor or financial resources.

LISVDHE. The prisons located in areas currently held by M23 are under their control. There is no judicial authority in these areas. If a person is arrested, there is a chance that they will be executed in the middle of the street. If they are imprisoned, they do not have access to a solicitor, and their family is not allowed to visit them. We learned from some sources that M23 intends to reopen the courts, but we do not know when that will happen.

Associations are currently barred from taking action in detention. We cannot enter prisons. Additionally, as defenders of human rights, we are targets for the rebels.

The current situation has profound consequences on prison conditions. Numerous people have been arbitrarily arrested and tortured. The use of torture has increased due to the state of siege and the control exerted by the military administration¹. Before M23 took control of the region, when we asked incarcerated people if they had been tortured, they could give us a name, and we could file a complaint. That is not at all possible anymore: all rights are being violated, and our scope of action is extremely limited.

 The facilities are overcrowded. Take, for example, Kakwangura Prison in Butembo. It is intended for 150 people, but over 2,000 people are currently being held there. This greatly impacts their daily life and generates quite a lot of suffering. How can they sleep or receive care in these circumstances? How can they find something to eat? People die of hunger every day.

The same is true at Munzenze Prison in Goma. It has a capacity of 300 people, but over 4,000 people were incarcerated there at the time of the fire in late January. Generally speaking, the purpose of prisons has changed since the state of siege began in 2021. They have become a type of business: at the slightest thing, people are thrown in prison, without appearing before a court, with no respect for procedure. To get out, they have to pay a fine, which would usually be determined by law, but which, in reality, is a fixed price set by the person looking into the case. “You have to pay 1,000 francs”, “you have to pay 500”. The law is no longer being considered at that point.

LISVDHE. The country recently reinstated the death penalty. The authorities retracted the existing moratorium, following a surge in supposed “Kulunas”. These are idle people, street kids. They are described as criminals, but they are arrested randomly on the street when they haven’t committed a crime. They are captured, judged and convicted.

We are currently campaigning to say that “Kuluna is not a crime”, meaning being on the street is not a criminal offence. Some people’s right to live must never become others’ right to die. The Constitution explicitly states that the right to life is sacred, whereas the reinstatement of the death penalty is in contradiction with this principle.

We are not alone in taking action against this announcement: there are numerous international and local NGOs doing so. We managed to stay the execution of these young people. It is a small victory, but we are working on a campaign in favour of a law abolishing the death penalty to prevent it from being reinstated in the future. We had been communicating with a few members of Parliament to have them draft this law so it could be submitted to the Assembly. It was on the right track, but unfortunately this work was interrupted when the war broke out.