Sowetan

‘Warders are prison bullies’

STUDY POINTS TO ABUSE OF POWER

- Bongani Nkosi nkosib@sowetan.co.za

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.

 ?? PHOTO: THULI DLAMINI ?? A prisoner cleaning the bathroom at the C-Max prison in Kokstad, KwaZulu-Natal.
PHOTO: THULI DLAMINI A prisoner cleaning the bathroom at the C-Max prison in Kokstad, KwaZulu-Natal.

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