E/CN.4/1990/17/Add.l
page 10
visitors was relatively liberal. In sensitive cases^therefore, the suspect
had to be detained at the agency's detention place until the investigation was
finalized. The magistrates of the Public Prosecutor's office were,
nevertheless, informed and once the inquiry was finished, the suspect was
transferred to the Judiciary.
41. In general, the Special Rapporteur feels that it is rather undesirable if
suspects are held in places run by the agency which is at the same time the
investigating authority. Such a situation may easily lead to undue influence
or even duress since living conditions and conditions of detention may be made
subservient to the course of the investigation.
42. The Special Rapporteur feels that it would be useful to establish central
detention facilities in the main cities for persons suspected of having
committed security offences and who would consequently be tried by the Cour de
Surete de l'Etat. Such detention centres should be placed under the
supervision of the Judicial Council just like ordinary prisons. The various
detention places of the law-enforcement and security agencies should only be
used as a provisional lock-up until the arrest has been legalized. Evidence
obtained from the suspect outside such central detention facilities and not
confirmed by him during his stay there should not be admitted in court.
43. The Special Rapporteur was informed that a number of secret places of
detention which had not been registered with the President of the Judicial
Council, as required by the law, had recently been closed, and that those who
had run these places of detention would be prosecuted. The Special Rapporteur
is of the opinion that severe punishment of persons who exploit illegal places
of detention is a highly effective preventive measure. Evidence collected in
such places should not be accepted as legally obtained evidence.
44. During his mission, the Special Rapporteur visited the Central Prison of
Kinshasa (Makala Prison) and two detention places (cachots) of the Service
d'Action et de Renseignements Militaires and of the Agence Nationale de
Documentation respectively. He was able to talk to a number of detainees in
private. None of them claimed to have been subjected to torture or
maltreatment in the places where they were presently kept, although a number
of persons who were serving prison sentences in Makala Prison after having
been tried by the Cour de Surete de l'Etat said they had been tortured during
their preventive detention in 1984-85. The two persons kept in the AND
detention place were both foreigners awaiting a decision to expel or extradite
them. One of them had been kept there for about eight months, the other for
about two months. Although according to the papers shown, they had been
registered with the Public Prosecutor's office, they said they had never been
presented to a judge. The eight persons kept in the SARM detention place had
all been arrested or kept in custody (four Angolan soldiers awaiting a
decision on their return to Angola) quite recently.
45. Those parts of Makala Prison shown to the Special Rapporteur were clean
and well-kept. Living conditions seemed to be acceptable and medical care to
be adequate. There is one pavilion for female detainees which is not
separated from the other pavilions. Accused persons were not separated from
convicted persons, as required by article 10, paragraph 2 (a), of the
International Covenant on Civil and Political Rights. They, however, are not
required to work whereas for convicted prisoners work is obligatory. According
to the prison authorities, juveniles were kept in other detention places. The
Special Rapporteur feels that the establishment of a separate detention centre