‘Warders are prison bullies’
STUDY POINTS TO ABUSE OF POWER
PRISON warders in the country get away with crime at work – perpetuated against inmates.
This is according to a new study published in a journal by the Institute for Security Studies and the University of Cape Town’s Centre of Criminology.
Titled it is a stock take of what the Department of Correctional Services (DCS) was doing to root out violations and maladministration in the country’s prisons.
It concludes that problems identified by the Jali Commission a decade ago still bedevil prisons.
“Gross human rights violations continue to occur and may even be increasing. This is reason for deep concern,” the study reports.
Lukas Muntingh, its author, is co-founder and project coordinator of Civil Society Prison Reform Initiative based at the University of the Western Cape.
“It is in particular egregious rights violations such as assault and torture that are not thoroughly investigated and thus create a situation of de facto impunity,” Muntingh wrote.
“It is indeed a rare occurrence that DCS officials are criminally prosecuted for human rights violations perpetrated against prisoners.
“To the best knowledge of the author, there has not yet been a successful prosecution against a state official for the crime of torture since it was criminalised in 2013.” Muntingh cited figures from the Judicial Inspectorate for Correctional Services (Jics) that in 2014/15, more than 3 150 prisoners alleged that they had been assaulted by officials.
This was an increase of more than 3 000 compared to 2011/12, said Muntingh.
“Regrettably, it remains the case that large volumes of human rights violations are still reported in the DCS and Jics annual reports, and that Jali’s remarks remain by and large true.”
Jics’s 2015/16 annual report shows it investigated
“Gross human rights violations continue and may be increasing
cases of homicide at Boksburg and Pollsmoor prisons implicating officials during that financial year. It probed assault cases by officials on inmates at prisons including Kgosi Mampuru II, Drakenstein Youth, Middelburg, Vereeniging and Barberton.
At the prison in Potchefstroom, Jics said it “noticed an increase in complaints of sexual assault among remand detainees and assault of detainees by both inmates and officials.
“This trend continued up to May 2015 where about 15 cases were reported.” But Jics only investigates cases and does not refer them to police and the National Prosecuting Authority.
A civil case currently before the Western Cape High Court seeks to change this. It is being pursued by NGOs Sonke Gender Justice and Lawyers for Human Rights against the department. There were roughly 155 000 prisoners in South Africa last year, approximately one-third of whom were awaiting trial.
Muntingh’s report is also scathing of the failure by authorities to prevent sexual violence in prisons. It said while the department adopted a policy on prevention of sexual violence in 2013, it said nothing about implementing it.
Logan Maistry, correctional service spokesman, said the department has made significant strides since the release of the Jali Commission report.
“Although much more still needs to be done, we are continuously improving our performance outcomes and sustaining the gains already made. Last year, DCS received an unqualified audit report for the first time since the advent of democracy and we have mapped a solid path to achieve a clean audit in the near future,” Maistry said.