Civil Society Prison Reform

Permanent URI for this collection

https://hdl.handle.net/10566/1374

The Civil Society Prison Reform Initiative, is a research and advocacy project focussing on prisons and places of confinement in the African region, with the aim of furthering constitutional and human rights imperatives within these settings.

Browse

Now showing 1 - 20 of 85

Reducing prison violence: implications from the literature for South Africa
(Civil Society Prison Reform Initiative, 2009) Lukas, Muntingh
In the past 15 years the Department of Correctional Services (DCS) has faced numerous challenges whilst trying to re‐invent itself. This has not been an easy road and in many regards the route to penetrative transformation has been beleaguered with distractions; many of them the Department’s own making. Amongst all the strategic objectives towards transformation and the distractions, the most important objective of any correctional system may have lost focus, namely to detain prisoners under safe and humane conditions. This, very explicitly, means that individuals, when imprisoned, must not only be safe but they must also feel safe. Regrettably this is not the case and thus the need for this paper to take a closer look at violence in South Africa’s prison system. This is done by reviewing the literature on prison violence to gain a deeper understanding of the problem and also to establish whether there have been any effective measures implemented elsewhere to reduce prison violence. Based on these a number of recommendations are made to improve prison safety in South Africa.
The Child Justice Act: a detailed consideration of section 68 as a point of departure with respect to the sentencing of young offenders
(Potchefstroom Electronic Law Journal, 2012) Stephan, Terblanche
The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children out of detention and away from the formal criminal justice system, mainly through diversion. When these interventions would be inadequate or unsuccessful, the Act provides for child offenders to the tried and sentenced in child justice courts. Until now there has been little discussion of the details of the provisions dealing with sentencing. Sentencing in a child justice court is regulated by chapter 10 of the Act and section 68 is the first section in this chapter. This section effectively amounts to the “jurisdictional” provision of the new child sentencing system: it not only mandates child justice courts to impose their sentences in terms of the Act, but also provides the first set of boundaries (or the first part of the framework) within which sentencing should take place. Despite its brevity, section 68 is not without interpretative challenges. Of course, it has to be interpreted within the context of the entire Act. Explaining this context is the first function of this article. The various aspects of section 68 are further critically explored and discussed.
Towards an understanding of repeat violent off ending
(Institute for Security Studies, 2010-07) Lukas, Muntingh; Chandre, Gould
Th is paper explores South African and international literature relevant to repeat off ending. It reviews the international literature on violent and aggressive behaviour and relevant, but limited, South African literature on violent criminal behaviour. Th is paper maps current thinking on violent and aggressive behaviour, nationally and internationally, with the aim of informing a focussed research design. It also provides a description of the wide range of variables at play in repeat violent off ending.
Ex-prisoners' views on imprisonment and re-entry
(Civil Society Prison Reform Initiative, 2009) Lukas, Muntingh
This research project gathered information from ex-prisoners about their experiences during and after imprisonment. Knowing what prison system users think and say about the system is important because they are ultimately the individuals who should benefit from the prison system. Moreover, listening to them deepens our understanding of what is being done correctly and should be built upon, but also where improvements are required. In the private sector such research is common in the form of client satisfaction surveys as well as more sophisticated analyses of customer views. It is in this sense that this research set out to gather information on the views of the “customers” of the correctional system in South Africa. Although this study involved only a limited number of participants, several important findings can already be made, based on what the customers of the DCS are saying.
Sexual violence in prisons – Part 1: The duty to provide safe custody and the nature of prison sex
(South African Journal of Criminal Justice, 2011) Lukas, Muntingh; Zain, Satardien
While the exact extent of sexual victimisation in prisons amongst men is uncertain, it is accepted that this is a universal phenomenon. This article, in two parts, examines sexual violence in South African prisons and emphasises the duty of the state to provide safe custody. It is argued that rape and sexual violence in prisons fall within the ambit of the definition of torture and other ill-treatment, as defined by the United Nations Convention against Torture (UNCAT) and interpreted by the United Nations Special Rapporteur on Torture. The duty of prison officials to prevent sexual victimisation is discussed, reflecting in particular decisions from the United States (US). Particular attention is furthermore paid to the nature of sex in prisons and the relationship between coercion and consent. It is concluded that the duty to provide safe custody and protect the dignity of people deprived of their liberty rests with the state. Further, that this is an active and progressive duty placing the emphasis on managing risks and preventing torture and ill-treatment, as required by Articles 2 and 11 of UNCAT. The state is furthermore not only responsible for its own officials but also for the actions of non-state actors (i.e. other prisoners) when torture and other forms of ill-treatment have been perpetrated.
South Africa's Heart of Darkness: Sex crimes and child offenders: some trends
(South African Crime Quarterly, 2003) Redpath, Jean
It is a source of great concern that the number of sexual offences committed by children is apparently on the increase. Given that the Child Justice Bill provides for a separate criminal justice process for children, and stricter provisions for child sex offenders, this article explores some of the relevant trends in this regard. The management of child sex offenders appears inconsistent, and very often no appropriate intervention is made at all. Calculating the actual incidence of child sex offenders is difficult, but some data suggests that children might be responsible for a significant proportion of sexual crimes committed against other children.
Prosecutorial attitudes towards diversion
(NICRO National Office, 1998) Lukas, Muntingh
This report investigates a number of issues relating to diversion in an effort to make certain recommendations with regard to the running and management of diversion with a particular emphasis on the discretionary powers of prosecutors. The key questions are: To what extent does prosecutorial discretion influence decisions on diversion, and what systems or guidelines should be put in place to facilitate the expansion of diversion? The call for developing guidelines and criteria for diverting juvenile criminal cases is not a new one but there are other issues emerging such as who should apply these guidelines, and are prosecutors in fact positioned correctly in the system to make decisions regarding diversion? Other suggestions have been made with regard to decision-making such as giving Family Group Conferences a central role, but these have not found wide support to date.
The Special Rapporteur on prisons and conditions of detention in Africa and the committee for the prevention of torture in Africa: the potential for synergy or inertia?
(SUR - International Journal on Human Rights, 2010) Debra, Long; Lukas, Muntingh
Th is article examines the implications arising out of the recent decision of the African Commission on Human and People’s Rights (African Commission) to appoint the Chair of the Committee for the Prevention of Torture in Africa (CPTA) as the Special Rapporteur on Prisons and Conditions of Detention (SRP). Th e article reviews the mandates of these Special Mechanisms and considers the potential impact of one Commissioner holding both mandates at the same time. Th e article then considers whether the current practice of the African Commission to appoint Commissioners as Special Rapporteurs can in fact deliver the necessary expertise and level of action required to function effectively and meet the increasing demands for more mechanisms to be established. Finally, the article suggests that lessons can be drawn from the recent review of the UN Special Procedures in order to reform the Special Mechanisms procedure of the African Commission.
Prisoners’ right of access to antiretroviral treatment
(ESR Review, 2006) Christopher, Mbazira; Lukas, Muntingh
Prisoners are susceptible to a number of illness and diseases due, in part, to poor living conditions in prisons (e.g. overcrowding and poor nutrition), substance abuse and sexual violence (e.g. male rape). The rate of HIV infection among prisoners is unknown and the Department of Correctional Services (the Department) has commissioned a research project to establish this. In the absence of accurate and publicly accessible data, it is difficult to establish the size and scope of HIV infection and the actual number of persons living with AIDS in our prisons. What we do know is that prisoners’ access to anti-retroviral treatment (ARV) is extremely limited. To date, only one accredited ARV treatment centre has been established by the Department, at Grootvlei Correctional Centre in the Free State
Reaching A Verdict: The impact of minimum sentencing
(South African Crime Quarterly, 2007) Redpath, Jean; O’Donovan, Michael
The so-called ‘temporary’ minimum sentencing legislation introduced into South African law in 1998 is still in place. The legislation was passed largely in response to high crime rates at the time and the perceived leniency of the courts, and prescribes minimum sentences ranging from five years’ to life imprisonment for a variety of offences (including murder and rape and a range of other crimes, some of which are non-violent). Given the current furore over crime, it is highly likely that in April this year the legislation will be renewed for another year. But what has the impact of the legislation been and what legislative changes should be considered?
Guide to the UN Convention against torture in South Africa
(Civil Society Prison Reform Initiative, 2008) Lukas, Muntingh
This publication is a guide to the UN Convention against Torture and Cruel, Inhuman and Degrading Treatment or Punishment (CAT) for the South African context. The guide is furthermore aimed at civil society organisations and those interested in human rights. Such a guide is necessary in order to give CAT meaning and significance in the local context. It is not only a guide, but also a reflection on the growing body of work done by stakeholders in South Africa over the past five years in preventing and combating torture. This publication aims to provide guidance on how the CAT can be used as a resource in South Africa to eradicate torture and ill-treatment. To achieve this objective, three stakeholders need to cooperate with this common purpose in mind. These are government, the national human rights institutions (NHRI) and civil society organisations.
The socio-economic impact of pre-trial detention in Kenya, Mozambique and Zambia
(Open Society Initiative for Southern Africa (OSISA), 2016) Lukas, Muntingh; Jean, Redpath
This project seeks to confirm and quantify the socio-economic impact of pre-trial detention on detainees, their families and associated households in the main urban centres of Kenya, Mozambique and Zambia. The aim is to provide empirical evidence of who is detained; the households affected by that detention; and the nature and extent of the impact of that detention. It is intended that the evidence will inform states, donors, and development agencies, of the ways in which, and the extent to which, pre-trial detention practices have a social and economic impact, particularly on the poor and marginalised.
Prisons, the law and overcrowding
(Wits University Press, 2014) Ballard, Claire
This chapter is about a long-standing problem in the South African criminal justice sector that, despite an overhaul of the prison legislation after the enactment of the final Constitution, continues, twenty years on, to plague the Department of Correctional Services and, of course, those who are incarcerated in the country’s prisons. I examine both the causes and the effects of overcrowding as well as the constitutional implications, and argue that currently the rights of inmates detained in overcrowded prisons are being infringed and that curative measures on the part of the state are needed urgently. I discuss what remedial measures are, or could be, available, some of which could be employed immediately, and others over the medium to long term.
Children deprived of their liberty: protection from torture and ill treatment
(Tygerberg: Medical Research Council, 2012) Lukas, Muntingh
Children deprived of their liberty by the state are, as a result of state officials’ action or inaction, at the risk of death, torture, and ill treatment. Three types of places of detention are discussed, namely prisons, police cells, and child and youth care centres. The Chapter accepts the UN Convention against Torture (CAT) as the legal anchor point and proceeds to give a more detailed description of rights violations against children in detention, focussing on deaths in custody; torture and assaults; harsh conditions of detention; solitary confinement and detention incommunicado; illegal and inappropriate means of maintaining discipline; separation of categories of detainees; trafficking. The Chapter concludes with a number of recommendations focussing on improving the collection of data pertaining to children in custody; the criminalisation of torture; the need for comprehensive and continuous staff training; the regular review of policies, procedures and practices; promoting transparency and establishing independent oversight; establishing effective complaints mechanisms; the need for prompt and impartial investigations; and obtaining effective redress.
Stop prison rape in South Africa
(Agenda, 2007) Ghanotakis, Elena; Bruins, Marianne; Peacock, Dean; Redpat, Jean; Swart, Raoul
South Africa has some of the highest rates of rape in the world. Activists have drawn attention to the devastating effect this has on women and children. However, insufficient attention has been paid to rape - predominantly of men - in prisons. This article aims to educate gender activists about the phenomenon of prison rape in the context of South Africa. It hopes to make the case that prison rape reflects and reinforces rape culture in South Africa (and elsewhere). In so doing, it aims to galvanise action to prevent prison rape and all forms of rape.
Research report on remand detention in South Africa: an overview of the current law and proposals for reform
(Civil Society Prison Reform Initiative, 2011) Clare, Ballard
The report discusses, firstly, the bail provisions in the Criminal Procedure Act with regard to the right to liberty and in the broader constitutional notion of proportionality. Second, case law from regional and international bodies dealing with pre-trial release is explored, and third, detention time limits and automatic bail review proceedings are discussed. Fourth, the conceptual distinction between fair trial rights and liberty interests and the South African courts’ treatment of “undue delay” cases is described. The report concludes with the recommendation that a constitutional challenge, based on the Criminal Procedure Act’s failure to adequately protect the accused’s right to liberty, be brought on behalf of South Africa’s remand detainees. Such a challenge would be based on the right to liberty and argue that without custody time limits and a regular, automatic review of bail decisions, the law in relation to bail, as it currently stands, is unconstitutional.
Sexual violence in prisons – Part 2: The Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007) – its implications for male rape in prisons and the Department of Correctional Services
(South African Journal of Criminal Justice, 2011) Lukas, Muntingh; Zain, Satardien
The Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007), referred to here as the Sexual Offences Act (SOA), established in law a gender-neutral definition of rape and this has important implications for male rape in South African prisons. In this article an analysis is presented of the SOA within the prison setting as well as the wider implications for the Department of Correctional Services. The different offences defined under the SOA are contextualised within the prison environment as this environment has implications for the detection and investigation of sexual offences committed there, as well as for the prosecution of perpetrators. Services to victims are also discussed as well as the Sex Offenders Register and the duties of the Department of Correctional Services in this regard. In order for the SOA to prevent and eradicate sexual victimisation in prisons, it will require a concerted effort by the Department of Correctional services to ensure that prisoners feel safe to report such instances and furthermore, to ensure that investigations are done thoroughly, promptly and with the necessary recognition and support for victims.
Making sense of the numbers: Civil claims against the SAPS
(South African Crime Quarterly, 2015) Dereymaeker, Gwen
In recent years reports have increasingly pointed to the mounting quantum of claims for civil damages faced by the South African Police Service (SAPS). A close analysis of the publicly available data shows that increasingly large amounts of claims are filed against the SAPS, but that most of these claims are finalised without the SAPS, being held financially liable. However, the backlog of claims is ever mounting and needs to be addressed more proactively. It appears that factors external to police officials’ behaviour do not explain the increase in claims. The reasons are more likely related to unlawful police behaviour, and in particular police violence.
Juvenile justice review 1998
(South African Journal of Criminal Justice, 1999) Julia, Sloth-Nielsen; Lukas, Muntingh
The 1998 Juvenile Justice Review charts developments in juvenile justice law and practice in South Africa from October 1997 until October 1998. However, the release of the South African Law Commission discussion paper on juvenile justice (Project 106) on 14 December 1998 paves the way for an introduction to the contents of the discussion paper, and more especially an overview of the proposed new child justice system, as reflected in the draft bill attached to the discussion paper. The draft bill will be extensively debated with relevant departments, members of the profession, academics and other interested parties during 1999, with a view to producing a final report to the Minister of Justice during the latter half of 1999.
Juvenile justice review 1999-2000
(South African Journal of Criminal Justice, 2001) Lukas, Muntingh; Julia, Sloth-Nielsen
The two years covered in this review have seen major developments in the juvenile justice sphere. Not only have several important judicial decisions been handed down, but the process of law reform has advanced significantly with the completion of the South African Law Commission's Report on Juvenile Justice which was presented to the Minister of Justice in August 2000. Draft legislation (entitled the Child Justice Bill) to establish a separate procedural system for children in conflict with the law is proposed in that document, and its contents are destined to be debated in Parliament in the second half of 2001.

Browse

collection.page.browse.recent.head