ABSTRACT
As the title of our tapicis : « need of reform
prison reform in the democratic republic of Congo. (Survey of the right of
detention in the remnad center of Boma, detention camp of Buluo and Kasapa
prison.)»
It would rather be important to get interested in article 16
of the Democratic Républic of Congo Constitution and Article 7 of the
international, pact related civil and political right, which stipulates that
the humain is sacred, the state is urged to respect and protect them. Each
person has the right to life, physical integrity as well as to the freedom
developpment of their personality by respecting the law, public order, rights
of others and morality.
None can undergo a cruel inhumain, or degradant
consideration.Without forgeting the historical analysis of the first category
document which fromes with our research area for it relates to the same fact of
the topic. Hence the ordinance law n°344 of 17 september 1965 on the
prison regime. There are difficulties and insuffisance that we have discovered
by facusing on the heseameter system of quitilian, but with regard to the
ordinance authenticity 344 of 17 september 1965 it does not course a problem,
for it was during the time of late president Joseph KASAVUBU, but according to
the ideas of Paul LAZARSTELD, for he also evokes the system of quitilian. So,
there are different difficulties because of the unsuitability and
incampatibility in nowadays situations of the modernisation of prison system.
According to Paul LAZARSTELD and quitelian : who says what ?; to
whom ?; And when and with which of objective ?. So the late president
Joseph KASAVUBU, he was adressing to the detained people following the reality
epoc and not the today's prison system which has also its Own realities of the
moment. The reform is needed which also aims at revising the ordinance law
n° 344 of the 17thseptember 1965 for its adaptability to
nowadays reality (realities) and to the event of the promoting the humain
rights which is imposed every where. At least, this ordinance of the 17th
september 1965.
It can help us as a reference in order to make again a modern
prison regime and conforms to reality of actual human rights, our observation
inprison system has been detected and we have proceded by the sampling system
and surveys, by survey for the remand center of BOMA and in the detention camp
of Buluo that are our fields of research by excellence in the Haut-Katanga
Province. Withautforgeting the central Prison of Kasapa in Lubumbashi.
Following in the DRC, we are mingled and we have to interrogate 30% of the
Prison population of the Democratic Republic of Congo, Thraugh interview of
leaders and the detained people being in the detention areas.
Then, we have noticed that the correct margin is of 95% and
the magin of error is of 5%. After proceeding this, we have found that there is
a need of reform of the Prison system of the Democratic Republic of Congo.
Key words : Detention, Prevention, Reform, Remand center,
Detention camp, Prison, Sentenced, extramuros, Intramuros etc.
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