CAT/C/COD/CO/2 Excessive use of pretrial detention 16. Notwithstanding the conditions set out in article 27 of the Code of Criminal Procedure, the Committee notes with concern the excessive use, in practice, of pretrial detention, with pretrial detainees accounting for 59 per cent of inmates in certain prisons and often being held for longer than the periods provided for in the Code (arts. 11 and 16). 17. The State party should: (a) Ensure that the regulations governing pretrial detention are scrupulously respected and that such detention is resorted to only in exceptional circumstances and for limited periods, taking into account the principles of necessity and proportionality; (b) Promote alternatives to pretrial detention, in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules); (c) Ensure systematic oversight of the lawfulness of pretrial detention by the public prosecutor’s office. National Human Rights Commission 18. While noting with satisfaction the establishment, pursuant to Act No. 13/011, of the National Human Rights Commission, which has been granted A status in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), and the Commission’s mandate, notably its role in conducting visits to places of detention, formulating opinions and proposals addressed to Parliament and issuing inquiry reports, the Committee observes that limited resources have been allocated to this institution, which is unable to perform all its functions effectively (art. 2 (1)). 19. The State party should, without delay, take the necessary measures to ensure the Commission’s functional independence by guaranteeing it an adequate budget that allows it to recruit staff, set up regional offices and fulfil the mandate entrusted to it. Conditions of detention 20. The Committee is very concerned about conditions of detention in the majority of institutions in the country, which have led to numerous deaths in custody. In particular, the Committee is concerned about: (a) prison overcrowding, especially at the Makala prison in Kinshasa, which had an occupancy rate of 526 per cent in February 2019; (b) the insalubrity of the majority of prisons, the inadequate hygiene, lack of ventilation, poor quality and insufficient quantity of food, and the limited recreational and training activities to foster rehabilitation; (c) the limited access to quality health care in most places of detention; and (d) the lack of qualified prison staff, which means that inmates themselves are responsible for supervision, resulting in violence and corruption. The Committee is also concerned about allegations that international organizations and civil society visitors have been denied access to certain places of detention, notably those within the remit of the National Intelligence Agency (arts. 2, 11 and 16). 21. The State party should swiftly take all necessary measures to bring conditions of detention into line with the Standard Minimum Rules for the Treatment of Prisoners; in particular, it should: (a) Improve physical conditions in all places of deprivation of liberty by ensuring that prisoners receive, in a timely fashion and free of charge, the medical treatment and medicines required by their state of health, have access to nutritious and sufficient food, and enjoy appropriate sanitary conditions and adequate ventilation in cells, given the climatic conditions in the country; (b) detention; 4 Reduce prison overcrowding by making greater use of alternatives to GE.19-08966

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