The criteria for cell assignment vary from one remand prison to another due to the lack of a regulatory framework. In the remand prisons of Brazzaville and Pointe-Noire, “VIP” cells are available for prisoners with financial means and notoriety. The material conditions there differ greatly from those in the standard dormitories. For example, each “VIP” prisoner has access to a bed, a television and a mosquito net. They are spared the unhealthy conditions of the overcrowded dormitories.

National regulations state that solicitors may visit their clients every day between 7.00 and 16.00 (Rules and regulations for remand prisons, Article 12). In practice, these meetings are not always held in an appropriate environment for ensuring confidentiality.

The prison service is required to treat human remains with respect and dignity. Prisoners’ remains are released to next of kin in a timely manner, once the inquiry is over (Correctional Code, Article 30).

Numerous organisations have reported cases of torture, violence and ill-treatment against prisoners. These practices seem to be particularly widespread in police stations and gendarmeries.

The FIACAT and ACAT Congo report that acts of torture are still practiced despite being prohibited. They say the torturers are protected by their superiors. An inquiry led by ACAT Congo into the two most overcrowded detention centres, Brazzaville and Pointe-Noire, revealed that “81.41% of people surveyed at these two prisons who had been detained in public safety stations or gendarmeries had been tortured or subjected to cruel, inhuman or degrading treatment”.¹

The OCDH provides information and assistance to dozens of people who have undergone torture or ill-treatment, as well as to relatives of those who have died. Much of the abuse occurs following arbitrary arrests by police forces.

No torture prevention policy has been implemented by the authorities.

Torture is not defined in any legislative or regulatory provision. Civil society organisations argue that the absence of a definition creates obstacles for conducting inquiries and prosecuting the perpetrators. “Inquiries are rare and do not always meet the requirements of independence and impartiality,” noted ACAT Congo in a 2020 report. The victims fear retaliation and do not, in practice, have a means of recourse.¹ This discourages them from filing a complaint and trusting the judicial system.²

Prisoners can send requests or complaints to the prison service, the public prosecutor, the sentence enforcement judge or any other competent authority. The prison service is required to pass along these requests or complaints to the requested authority with proof of delivery (Correctional Code, Article 109).

These provisions are not respected. The existing systems do not allow prisoners to file complaints against the prison service, whether for ill-treatment or acts of torture, or regarding prison conditions. The high rate of illiteracy among the prison population is an additional obstacle.

No specific independent body exists to handle complaints. Civil society organisations are in the process of identifying and assisting victims of ill-treatment and torture to address this issue.

The National Consultative Commission on Human Rights (Commission nationale des droits de l’homme, CNDH), a monitoring body for the protection of human rights, can perform inspection visits of prison facilities and police stations. These visits are then written up into reports and recommendations for the authorities (Ministry of Justice, Ombudsman). These documents are not made public. The CNDH is a state body with little independence. A bill proposing new arrangements for the CNDH’s work is under negotiation. Some civil society stakeholders, including ACAT Congo, are authorised to complete monitoring missions in the country’s prisons.

Sentence adjustments can be granted by sentence enforcement judges (Code of Criminal Procedure, Article 631).