This report is by Sokwanele, a popular protest underground movement based in Zimbabwe. "This report focuses on the risk of arrest at the hands of the partisan Zimbabwe Republic Police (ZRP) under the command of Commissioner-General Augustine Chihuri, who has publicly acknowledged his allegiance to ZANU-PF. Chihuri has served as police head since 1993 and his contract has been renewed by President Mugabe 13 times since 1997. Chihuri is a member of Joint Operations Command (JOC), the junta which continues to control Zimbabwe. In a country where the Rule of Law is no longer operational and the security forces operate with impunity, every citizen is vulnerable. A chance remark in a taxi, at a pub or even at a funeral could lead to arrest and possible incarceration in one of the country’s disgracefully maintained jails. Those who stand up for their rights and join demonstrations or canvass for political parties other than ZANU-PF face possible arrest, severe beatings and torture in custody."
A publication of Penal Reform International
This edition of 30 Days/Dae/Izinsuku covers news items from June 2012 on governance and corruption, parole and sentencing, unsentenced prisoners, prison conditions, South Africans imprisoned abroad, rehabilitation, as well as prison related news from other African countries.
Report by Human Rights Watch
Harmonized Draft Constitution Signed by Signatories, Unofficial English Translation.
This newsletter discusses recent changes regarding medical parole. On 1 March 2012 a new section 79 of the Correctional Services Act came into operation following adoption of the Correctional Matters Amendment Act 5 of 2011. The question asked is whether the new medical parole system gives effect to inmates’ right to dignity as well as the public’s right to safety.
This month's edition of 30 Days/Dae/Izinsuku covers issues of governance and corruption, sentencing and parole, prison conditions, South Africans imprisoned abroad, as well as prison related news from other African countries.
"Du jeudi 26 au vendredi 27 avril 2012, a eu lieu à l’hôtel Millenium Popo Beach d’Agoué, la table ronde sur les conditions de vie et de détention dans les prisons du Bénin."
By Concetta Lorizzo. Research dissertation presented for the approval of Senate in fulfilment of part of the requirements for the Master in Criminal Justice in approved courses and a minor dissertation, University of Cape Town.
This report is an update to the situational analysis of children in prison in South Africa prepared by the Community Law Centre in 1997. The Child Justice Act 75 of 2008 (Child Justice Act), promulgated on 1 April 2010, introduced a markedly different child justice regime than that which was previously regulated by the Criminal Procedure Act 51 of 1977 and the common law. This development, along with various others which have emerged since 1997 (e.g. child justice jurisprudence and government’s renewed focus on children in conflict with the law), has changed the way in which South Africa’s courts and correctional system deal with children in conflict with the law. Accordingly, an updated analysis on children in prison became necessary.
"An important finding is that the policies in respect of the services and activities available to children are varied and inconsistent. Inconsistencies exist in relation to information provided at admission, orientation of new admissions, conditions of detention, the segregation of children from adults, access to education, access to recreation and preparation for release. ... Based on snapshot data, children remain awaiting trial in DCS facilities for an average of 70 days."
"Prison conditions were rudimentary, harsh, and substantially below international standards. Prison conditions outside Bangui generally were worse than those in the capital. Police, gendarme investigators, and presidential guards assigned as prison wardens continued to subject prison inmates to torture and other forms of inhuman, cruel, and degrading treatment. Most prisons lacked basic sanitation and ventilation, electric lighting, basic and emergency medical care, and sufficient access to potable water....According to BINUCA arbitrary arrest was a serious problem and was the most common human rights abuse committed by security forces during the year. Authorities continued to arrest individuals, particularly women, and charge them with witchcraft, an offense punishable by execution, although no one received the death penalty during the year. Prison officials at Bimbo Central Prison for women stated that accused witches were detained for their own safety, since village mobs sometimes killed suspected witches...Prolonged pretrial detention was a serious problem. For example, in November pretrial detainees constituted approximately 70 percent of Ngaragba Prison’s population and an estimated 60 percent of Bimbo Central Prison’s population. Detainees usually were informed of the charges against them; however, many waited in prison for several months before seeing a judge. Judicial inefficiency and corruption, as well as a shortage of judges and severe financial constraints on the judicial system, contributed to pretrial delays. Some detainees remained in prison for years because of lost files and bureaucratic obstacles."
The Judicial Inspectorate Quarterly Report for the period 01 January – 31 March 2012 articulates the activities within the three core programmes of the Judicial Inspectorate, namely: (1) Administration; (2) Complaints processing, monitoring, and investigations; and (3) Community Oversight and Stakeholder engagement.
This month's edition of 30 Days/Dae/Izinsuku covers issues of governance and corruption, sentencing and parole, prison conditions, unsentenced prisoners, South Africans imprisoned abroad, as well as prison related news from other African countries.
"Overcrowding is severe in many of the country’s prisons; food and medical care are inadequate and many prisoners rely on family members and outside organizations for additional food, medicines and other necessities. Skin diseases are common; and tuberculosis, malaria, hepatitis and pneumonia are also prevalent but the prison health system is unable to guarantee adequate medical care within the prisons."
Launched at the 51st Session of the African Commission
This second PPJA newsletter introduces the campaign against outdated offences; discusses whether South Africa is obliged to prosecuted Zimbabwean torturers of Zimbabwean detainees domestically; and discusses mooted changes to the UN minimum rules on the treatment of detainees.
On Tuesday 17 April, CSPRI delivered a submission on the budget vote (Vote 21, 2012/13), the strategic plan (2012/13 – 2016/17) and the annual performance plan (2012/13) of the Department of Correctional Services to the Portfolio Committee on Correctional Services.
On 18 April 2012, the Community Law Centre delivered a submission to the African Commission on Human and Peoples' Rights. The submission dealt with three issues, namely compliance with the Robben Island Guidelines, domestic oversight over places of detention and limiting the use of pre-trial detention.
"Prison conditions were harsh and life threatening, and prisons were overcrowded. Rumbek Prison in Lakes State, for example, was designed for 200 inmates but reportedly held more than 550. Health care and sanitation were inadequate, and basic medical supplies and equipment were lacking. Prisoners generally received one meal per day and relied on family or friends for food. Potable water was limited"...."Lengthy pretrial detention was a problem. Estimates of the number of pretrial detainees in prison ranged from one-third to two-thirds of the prison population. The country’s lack of lawyers and judges contributed to lengthy pretrial detention. During the year the UNMISS Rule of Law, Judicial Systems, and Prison Advisory Unit started a justice sector mapping project to collect data on pretrial detainees, including those held for more than one year"
"Conditions in the country’s 22 prisons and two detention centers for irregular immigrants remained poor due to overcrowding. The prison system held approximately 15-20 percent more inmates than its authorized capacity of 4,219. Overcrowding, which was worse in men’s prisons, constituted a serious health threat due to the high incidence of HIV/AIDS and tuberculosis."
"Conditions in prisons and detention facilities were harsh and at times life-threatening. Prisons were overcrowded, and medical care and sanitation were poor. Although regulations require the presence of a doctor and five nurses at the Maison d’Arret et de Correction de Ouagadougou’s (MACO) health unit, only three nurses are on duty to treat the 1,506 detainees." ... "Government officials estimated that 48 percent of prisoners nationwide were in pretrial status. In some cases detainees were held without charge or trial for longer periods than the maximum sentence they would have received if convicted of the alleged offense. A pretrial release (release on bail) system exists; however, the extent of its use was unknown. Human rights advocates stated that the justice system, including prisons, had unreliable mechanisms to track detainees and occasionally “lost” some of them and/or their paperwork."
"According to the director general of the Prisons Administration, there were 56,000 prisoners, including 411 minors, in the country’s 133 prisons."... "The law does not provide a person in detention the right to a prompt judicial determination of the legality of the detention. Those charged with acts against the security of the state, including terrorism, may be held in pretrial detention as long as 20 months, according to the penal code, and the prosecutor must show cause every four months for continuing pretrial detention. Hundreds of rioters in January charged with looting or public disorder were held in pretrial detention, usually for 24 hours, but sometimes for several days."
This month's edition of 30 Days/Dae/Izinsuku covers issues of governance and corruption, rehabilitation, escapes, unsentenced prisoners, prison conditions, South Africans imprisoned abroad, parole and sentencing as well as prison related news from other African countries.
"I can arrest you": The Zimbabwe Republic Police and your rights
