UN Subcommittee Urges Swift Action to Establish Torture Prevention Mechanism in DR Congo

“The progress made by the DRC in establishing its national preventive mechanism is commendable, but the time for implementation is now,” said Hamet Saloum Diakhaté, head of the SPT delegation.

The UN Subcommittee on Prevention of Torture (SPT) has called on the Democratic Republic of the Congo (DRC) to urgently implement a national torture prevention mechanism (NPM) following its inaugural visit to the country from December 1 to December 7.

“The progress made by the DRC in establishing its national preventive mechanism is commendable, but the time for implementation is now,” said Hamet Saloum Diakhaté, head of the SPT delegation. “This mechanism is crucial not only for addressing the appalling conditions of detention that we have observed but also for preventing torture and other forms of ill-treatment.”

The DRC ratified the Optional Protocol to the Convention against Torture (OPCAT) in 2010, committing to the establishment of an independent NPM to monitor places of detention and prevent torture. Over a decade later, the mechanism has yet to be fully operationalized, prompting the SPT's call for accelerated action to meet international obligations.

Challenges Observed During the Visit

The SPT delegation conducted unannounced visits to various detention facilities, including prisons, police stations, and court cells in Kinshasa. These visits revealed severe issues, particularly prison overcrowding, which also extended to police holding cells and court detention areas that are ill-equipped to hold individuals beyond 48 hours.

“We found that overcrowding is driven by an overreliance on pre-trial detention, often for excessively prolonged periods,” Diakhaté noted. “This systematic practice exacerbates poor living conditions and highlights the urgent need for judicial reforms.”

During the visits, SPT members held confidential interviews with detainees, prison and police officers, and medical staff to gain a comprehensive understanding of the situation.

Engagement with Government and Civil Society

The delegation engaged in high-level discussions with DRC officials, including the Minister of Justice, the Minister of Human Rights, and members of both the Senate and the National Assembly’s Human Rights Commission. They also consulted with the President of the National Human Rights Commission, representatives from the diplomatic community, civil society organizations, and UN agencies.

These dialogues underscored the need for collaboration to address the conditions in detention facilities and ensure the effective functioning of the NPM.

Next Steps and Recommendations

Following the visit, the SPT will prepare a confidential report for the DRC government outlining its observations and recommendations to improve detention conditions and prevent torture. The SPT has encouraged the government to make the report public to foster transparency and facilitate the implementation of its recommendations.

“The establishment of the NPM is not only a legal obligation but also a vital tool for safeguarding human rights and ensuring humane conditions for all detainees,” Diakhaté emphasized.

SPT Mandate and Composition

The SPT is mandated to conduct unannounced visits to any facility where individuals are deprived of liberty, including prisons, police stations, psychiatric hospitals, and detention centres. Since its inception in 2007, the SPT has visited over 80 countries.

The delegation to the DRC included Hamet Saloum Diakhaté (Senegal), Hamida Dridi (Tunisia), Jakub Czepek (Poland), and Julia Kozma (Austria).

As the DRC works toward implementing its NPM, the international community will closely monitor progress, emphasizing the importance of accountability and humane treatment for all individuals in detention.