Detention
ASF joins the “Poverty is not a crime” campaign
ASF joins the Open Society Foundation, APCOF, PALU, and ACJR in a campaign to promote the decriminalisation and declassification of minor offences. Particularly affecting people in vulnerable situations, these laws and their application are both arbitrary and discriminatory. “Vagrancy”, “disorderly behaviour” or “idleness” remain valid grounds for arresting and imprisoning individuals, contributing to the endemic overcrowding of prisons throughout the world.
Arbitrary detention in DR Congo: The Detention ExPEERience network introduces a liability action against the State in 4 jurisdictions
On September 15, 2020, 6 requests were filed at the High Courts in Kinshasa, Mbuji-Mayi (Kasai Oriental), Lubumbashi (Haut Katanga), and Kindu (Maniema). Written in the name of citizens and civil society organisations, they ask the competent judges to recognize instances of arbitrary dentention as well as the disastrous state of prisons in the country, particularly due to prison overcrowding. This action also seeks recognition of the State’s liability for the damages suffered by the plaintiffs.
Ebru Timtik est morte, sauvons Aytaç Unsal
Les avocats Ebru Timtik et Aytaç Unsal, condamnés à respectivement 14 ans et 11 années de prison, ont décidé de faire une grève de la faim illimitée pour dénoncer le procès injuste dont plusieurs dizaines d’avocats turcs font l’objet. Ils demandent à pouvoir bénéficier d’un procès équitable. Ce jeudi 27 août 2020, nous avons appris avec une peine immense le décès de Ebru Timtik, en grève de la faim depuis 238 jours. Aytaç Unsal est toujours en grève de la faim aujourd’hui et sa libération pour raisons de santé a déjà été rejetée. Nous demandons la libération immédiate de Aytaç Unsal, afin qu’il ne subisse pas le même sort qu’Ebru Timtik. Nous demandons également le respect, sans délai, du droit à un procès équitable, garanti par l’article 6 de la Convention européenne des droits de l’homme à laquelle la Turquie est partie.
The spread of COVID-19 requires urgent and immediate measures to be taken to protect the rights of detainees in Africa
Joint statement adressed to the member states of the African Union and to human rights international organisations in Africa.
Detained for 10 years for no reason
Makala, which means “coal” in Lingala, is the central prison of Kinshasa. It is also one of Africa’s main penitentiaries: there are around 8,500 inmates in a complex of pavilions and brick and metal shacks, initially designed to accommodate 1,500 people. It is a small town, an ecosystem, where all can be valued, exchanged, and negotiated down to the floor space to sleep on. Some cells of 100 m2 house 200 inmates, many of whom sleep on the floor. They are underfed and have serious problems of malnutrition. The beatings and the ill-treatments can sometimes lead to death. The extreme overcrowding and the insecurity inevitably create conflicts which will only be handled with violence.
Désiré, free at last after “9 years of death”
With the help of ASF, Désiré Loko has been released after spending exactly 8 years, 5 months and 21 days in preventive detention at Kinshasa’s central prison, even though he was innocent. His case illustrates the problem of preventive detention in the Democratic Republic of Congo. Prisoners sometimes spend years in detention without having a judge make a ruling on their fate and without access to a lawyer.
Tunisia: the law against drugs grinds to a standstill
In spite of declarations in the media and the adoption of a new bill by the Council of Ministers, the current anti-drug law is now entering its 25th year. Even though it is largely considered to be unfair, ineffective and obsolete, this law continues to victimise the most vulnerable sectors of the Tunisian population. ASF is working hard to push for faster legislative reform on the issue.
Voices from Kinshasa (3/3): “Freedom is under the hammer”
In DR Congo, defending the rights of victims of injustice and exercising fundamental rights remains a challenge. Faced with an often failing legal system and, at times, intimidation, men and women are pursuing an ideal: to live in a fairer world. Last of three encounters: lawyer Hervé Mafwila, on illegal detention.
A two-year struggle against the use of illegal detention in the DR Congo
For the last two years, ASF has been working actively with the Bar Associations of the west of the DR Congo in order to combat the abusive and sometimes even illegal use of preventive detention. In the coming weeks, ASF will come back to three key aspects of this project: the development of the capacity of individuals held in detention to understand and to take action, the legal representation of detainees by specifically trained lawyers and the highlighting of the catastrophic conditions of detention, and the causes underlying the very widespread use of preventive detention.
ASF concerned about attacks on the right of defence in Burundi
In the current context of intense repression of political protest In Burundi, the rights of those arrested are being threatened by the practices of certain authorities. The illegal detention of a lawyer by police forces on 2 September highlights the intimidation practised with regard to these protectors of rights. ASF and the Bar Association of Bujumbura are calling on politicians and members of the judiciary to respect the constitutional principles of the country.
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15 January 2021
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