Given the slow rate at which SADC countries have signed and ratified OPCAT, this paper explores existing statutory detention oversight mechanisms in the domestic laws of SADC countries with a particular emphasis on prisons. The notion of individuals or institutions visiting places of detention to inspect conditions of detention and treatment of detained persons is not new and is found even in the antiquated laws of several countries reviewed here.
Literature Review and Recommendations for Health Professionals. This paper forms part of a series of papers associated with the Global Campaign for Pretrial Justice.
Simon Johnstone-Robertson, Stephen D Lawn, Alex Welte, Linda-Gail Bekker, Robin Wood. From South African Medical Journal 2011;101:809-813. Prisons are recognised internationally as institutions with very high tuberculosis (TB) burdens where transmission is predominantly determined by contact between infectious and susceptible prisoners. A recent South African court case described the conditions under which prisoners awaiting trial were kept. With the use of these data, a mathematical model was developed to explore the interactions between incarceration conditions and TB control measures
This Amnesty report covers the period 2007-2011 and documents use of criminal justice processes to stifle political dissent.
"This matter is about the constitutionality of the applicant's detention whilst awaiting to he tried. Indeed what I am being asked to consider in this case is whether there was a breach of the reasonable time requirement as stipulated in Section 42(2)(f)(i) of the Constitution of Malawi. In this regard, I believe that the test that has to be adopted would be one that was laid down in. Attorney-General's Reference (No 1 of 1990)[1992] QJ3 630, which is that (in the absence of malpractice or misbehaviour by the prosecutor) the attention of the court is directed to the single issue whether, because of the delay which has occurred, a fair trial of the accused or defendant will or may be prejudiced."
Sixteen organisations submitted a statement on pre-trial detention on 25 October 2011 calling on the African Commission to adopt a set of measures to guide police agencies in their work on pre-trial detention.
This is the statement that the Community Law Centre (predecessor of the Dullah Omar Institute) and the Article 5 Initiative, a project of which CSPRI was part, made a the 50th Ordinary Session of the African Commission on Human and Peoples' Rights, which was held from 24 October until 5 November 2011.
This first newsletter introduces PPJA and has the following articles: * "South African bail law is unconstitutional" * Radical pre-trial custody time limits in Malawi * Average days in police detention in Zambia declining
Constitution of Zimbabwe, as amended at the 14 September, 2005 (up to and including Amendment No. 17)
Egypt's Supreme Council of the Armed Forces has decreed this Constitutional Declaration.
Egypt's Supreme Council of the Armed Forces has decreed this Constitutional Declaration.
In this issue, media reports deal with governance and corruption, unsentenced prisoners, prison conditions, South Africans imprisoned abroad and news from other African countries.
In this document Amnesty International calls on the Transitional Libyan Authorities to reform the security and law enforcement sector, reform the criminal justice system, end arbitrary and incommunicado detention, and eradicate torture and ill-treatment.
Human Rights Watch Report
This newsletter discusses the problem of prison overcrowding in South Africa in light of recent foreign and international jurisprudential developments. It further explores the possibility of similar reform litigation in South Africa.
This month's media summary report includes news about governance and corruption, unsentenced prisoners, parole and sentencing and prison conditions, as well as prison related news from other African countries.
Unofficial English Translation, 3 August 2011.
by Human Rights Watch. "...The population in areas controlled by the Transitional Federal Government and its allies has also been subjected to violations of international human rights and humanitarian law. These include arbitrary arrest and detention, restrictions on free speech and assembly, and indiscriminate attacks harming civilians... "Somalis seeking safety in Kenya contend with police harassment, arbitrary arrests, and deportation back to Somalia. Somali refugees en route to the sprawling complex of refugee camps at Dadaab, Kenya, take hazardous back roads to avoid the Kenyan police and the official border post that until recently remained closed. They are then at the mercy of well organized networks of bandits who engage in robbery and rape."
The media reports include issues within the topics of prisons conditions, parole and sentencing, unsentenced prisoners, extradition and escapes, as well as prison related media reports in other African countries.
Loi n°136/AN/11/6ème L relative à l’aide judiciaire
The Tanzania Government with the support of the United Nations under the one UN system, held several consultative workshops for purposes of gathering information on the situation of human rights for inclusion in this National Report. The report indicates that Tanzania retains the death penalty.
"Freedom from Torture 18. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Fair Trial 19. (1) An accused person is presumed to be innocent until his or her guilt is proved according to the law. (2) Any person who is arrested shall be informed, at the time of arrest, of the reasons for his or her arrest and shall be promptly informed of any charges against him or her. (3) In all civil and criminal proceedings, every person shall be entitled to a fair and public hearing by a competent court of law in accordance with procedures prescribed by aw. (4) A person arrested by the police as part of an investigation, may be held in detention, for a period not exceeding 24 hours and if not released on bond to be produced in court. The court has authority to either remand the accused in prison or to release him or her on bail. (5) No person shall be charged with any act or omission which did not constitute an offence at the time of its commission. (6) Every accused person shall be entitled to be tried in his or her presence in any criminal trial without undue delay; the law shall regulate trial in absentia. (7) Any accused person has the right to defend himself or herself in person or through a lawyer of his or her own choice or to have legal aid assigned to him or her by the government where he or she cannot afford a lawyer to defend him or her in any serious offence."
Survey of Detention Oversight Mechanisms Provided for in the Laws of SADC Countries.pdf
