Weekend Argus (Saturday Edition)

SAHRC to probe jail conditions

- GENEVIEVE SERRA genevieve.serra@inl.co.za

THE South African Human Rights Commission has confirmed it will visit three prisons where solitary confinemen­t is used.

The Judicial Inspectora­te For Correction­al Services (JICS) carried out a report on the infringeme­nt of human rights and released it to various department­s, including the Department of Correction­al Services for its response.

The report is based on visits to Ebongweni Super Maximum Correction­al Centre, Kgosi Mampuru II C-Max Correction­al Centre and Mangaung Public-Private Partnershi­p Correction­al Centre last year.

The JICS said it discovered that an inmate spent 23 hours a day without human contact and one hour of exercise for 15 consecutiv­e days.

It said the conditions were harsh, and could lead to suicide and depression.

The JICS argued that solitary confinemen­t was against the Constituti­on’s section 30 of the Correction­al Services Act of 111 of 1998.

SA Human Rights Commission­er, Chris Nissen, said the commission was given insight into the report and was planning a visit to the prisons for its own investigat­ion.

He said solitary confinemen­t had exceptions when prisoners made a request to be placed inside a single cell for safety reasons or sexual orientatio­n or mental health issues.

“We have seen the report,” he said. “You can be in a single cell if you demand it, due to fear of your life or when you want to be alone for sexual orientatio­n or mental health issues. Solitary confinemen­t, it is illegal.

“I have seen a case where a prisoner was a danger to himself by even setting himself alight and he had to be kept inside a single cell. We will be going to these correction­al centres as a commission,” he said.

JICS spokespers­on Emerantia Cupido said prisoners were moved in the overnight transfers without procedures being followed. “Inmates sit alone in a single cell for 22-23 hours a day without stimulatio­n or human contact. There is an hour of exercise – not with other inmates, but alone, in an isolated exercise cage.”

The initial period of solitary confinemen­t extends for at least six months.

“When inmates are transferre­d from Ebongweni to Kgosi-Mampuru II C-Max, as occurs, years of prolonged solitary confinemen­t eventuate.

“JICS establishe­d that DCS transfers some inmates to these centres without following due process or meeting the criteria necessary for a lawful transfer.

“Some inmates are part of mass overnight transfers – or they are transferre­d for petty transgress­ions or simply on the basis of the length of their sentence. It follows that these centres may not necessaril­y house the most dangerous and violent inmates for which they were initially built,” Cupido said.

The report was also handed over to the Department of Correction­al Services for its response.

Cupido said the response was as follows: “The facility is designed in such a way that inmates (are) incarcerat­ed in solitary confinemen­t for 23 hours and given one hour exercise, which is in accordance with the standard operating procedures of the facility. It is anticipate­d that the concerns raised by JICS in respect of solitary confinemen­t, will be considered in the aforementi­oned draft policy.”

Inspecting Judge for the JICS Edwin Cameron said they questioned how prisoners were chosen for solitary confinemen­t.

Lawrence Venter, regional head of correction­s for Correction­al Services in the Western Cape region, said his office could not comment as it was a discussion between the office of the Judicial Inspectora­te and the national commission­er’s office.

 ?? ?? A SINGLE cell is where a prisoner will spend 22 hours.
A SINGLE cell is where a prisoner will spend 22 hours.

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