With regard to the conditions of detention, it must be emphasized that the Democratic
Republic of Congo is concerned about improving living conditions in prisons.
In this regard, the Minister of Justice and Human Rights issued a judicial organization Order
No.029/CAB/MIN/J&DH/2013 on 28 January, 2013 on the establishment, organization and
functioning of local supervisory committees for the Budgetary Management of Provincial,
Central Prisons and Detention Camps. This Order brings about significant innovations in the
management of jails and prisons as it establishes a Management Committee with oversight
responsibility for funds allocated to every prison facility for the feeding and ration of inmates.
Several other measures have been taken to provide very good conditions in the prisons,
namely:
• Regular inspection of holding cells and prisons by the magistrates from the public
prosecutor’s office
• Monitoring of places of detention by the protection Department of the General
Human Rights Secretariat
• Capacity building of judicial investigation police officers on the rights
Furthermore, as part of its responsibility, the National Human Rights Commission (CNDH)
periodically visits places of detention across the whole country.
xxxvi. Collaborate with the African Commission towards the implementation of the
Robben Island Guidelines which provide for the prevention of torture and other
cruel, inhuman and degrading treatment and punishment, particularly, by inviting
the African Commission to undertake awareness raising mission in the DRC on this
instrument relating to human and peoples’ rights;
The DR Congo has ratified the Convention against Torture and its Optional Protocol which
provides for the prevention of torture and other cruel, inhuman and degrading treatment
and punishments. Currently, the DRC intends to establish a mechanism which will address
the issue of control of prisons with the view to preventing torture; in other words, this task
will be assigned to the National Human Rights Commission. With regard to the Robben Island
Guidelines, the DRC promises to collaborate with the African Commission to ensure its
implementation.
xxxvii. Take all the necessary measures towards the abolition of the death penalty in the
DRC by taking into consideration international standards and resolutions of the
African Commission on the abolition of the death penalty;
The DR-Congo is taking into consideration international standards and resolutions of the
African Commission in this regard. Indeed, though the Congolese positive law still contains
capital punishment, the DR Congo has observed a de facto moratorium for a period of
thirteen (13) years during which period the death penalty has never been applied.
xxxix. Take appropriate legislative and other measures to end excessive preventive
detentions and ensure compliance with every individual’s right to be heard in a
court of law within a reasonable period of time;
In a bid to avoid abuses by way of arrests and preventive detention, the Public Prosecutor
can at any time request for the court records. Furthermore, the Ministry of Justice and
Human Rights carries out monitoring in all the prisons across the country to identify any
such abuses. This role always falls within the purview of the National Human Rights
Commission.
xl.
Take measures to safeguard the independence of the judiciary and develop the
capacity of the judges
The DR- Congo has taken note of this recommendation and is implementing it. Indeed, the
Higher Judicial Council is the only body with the prerogative to exercise judicial power. It is
exclusively made up of judges and has its own budgetary allocation. To strengthen the
independence of the judges, their salaries were increased by an average of 20% in 2011 for
all the 3750 civil and military judges. With regard to capacity building of the law enforcement
agencies and the judiciary, the DRC has also taken the following steps: Continuation of the
establishment of special courts in 2013 ; particularly commercial, labour and juvenile courts
; the establishment of a judicial assistance unit under the military courts, which is currently
on experimental basis in the East, appointment through Presidential Orders of 1 June, 2013,
of Judges in order to operationalize the newly-created magistrates’ courts, the commercial,
juvenile and labour courts. The DRC is continuing with its judicial service reforms including
defence and security sector reforms. In this context, several initiatives have been taken,
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