This petition is brought by a non governmental organization (NGO) known as the Foundation for Human Rights Initiatives whose objectives include protection, promotion and observance of human rights. The petitioner asserts that: (a) Certain provisions of the Trial on Indictments Act (CAP 23) impose restrictions, and limitations on the person’s right to liberty, freedom of movement, the right to a fair and speedy trial and the presumption of innocence (b) Provisions of the Magistrate’s Courts Act (CAP 16) are inconsistent with articles 20, 23(1), 23(6), 28(1) and 28(3) of the Constitution of the Republic of Uganda insofar as they exclude certain offences from the grant of bail, thereby infringing on the constitutional right to liberty, the right to a fair and speedy trial, and the right to bail. (c) The Uganda Peoples Defence Forces Act 7 of 2005 (UPDF) which subjects accused persons to lengthy periods of detention bail, is inconsistent with articles 20, 23(6), 28(1), and 28(3) of the Constitution of the Republic of Uganda and as such violate the inherent rights and freedoms of the individual which are guaranteed by the said Constitution (d) The Police Act (CAP 303), section 25(2), which permits the police to detain a suspect for seven days without being charged in a court of law is inconsistent with article 23(4) of the Constitution and is an infringement of the right to liberty and the presumption of innocence.
South African media reports on the following: Prison officials investigated for tender fraud scandal; Pan Africanist Congress suspected of taking bribes from prisoners to facilitate pardons; Child Justice Bill promoting non-custodial punishments tabled in Parliament; Awaiting-trial prisoners account for prison overcrowding - at over 300% in some facilities; Fears of a strike rise over pay deal delay; And many articles on other African countries.
"..The Plaintiff was arrested by two officials of the National Intelligence Agency of The Gambia at the Daily Observer’s premises in Banjul on 11 July 2006 without any warrant of arrest ... The Court holds these acts clearly violate the provisions of articles 2, 6 and 7(1) of the African Charter on Human and Peoples’ Rights. Furthermore, in view of the fact that these violations of applicant’s human rights were caused by the defendant, which refused to appear in Court, it entitles the applicant to damages. And the Court considers that this violation should be terminated and the dignity of the applicant’s person is to be restored..."
"This publication aims to provide guidance on how the UN Convention against Torture and Cruel, Inhuman and Degrading Treatment or Punishment (CAT) can be used as a resource in South Africa to eradicate torture and ill-treatment...This prohibition of torture imposes on states obligations which are owed to all other members of the international community; each of these obligations has a correlative right. It signals to all states and to the people under their authority that 'the prohibition of torture is an absolute value from which nobody must deviate.' At the national level it de-legitimates any law, administrative or judicial act authorising torture."
The media articles report on the following topics: awaiting trial prisoners; prison overcrowding; sentencing and parole; prisoner's rights; security and escapes; and rehabilitation.
This submission focuses on the prevention and combating of torture, cruel, inhuman or degrading treatment within the context of the Prevention of and Treatment for Substance Abuse Bill [B12- 2008]. The overall objective is to promote the use of two international instruments (UNCAT and OPCAT) and, more specifically, to assist in creating the enabling legislation to give effect to section 12 of the Constitution.
This report by the Legal Assistance Centre considers HIV/AIDS in prisons, including pre-trial detention.
The media reports in this issue include: Lawyer reminds court of appalling prison conditions; Awaiting-trial prisoner admitted to a private clinic after assault; Police officer to stand trial for allegedly interfering with evidence of parolee's breach of parole conditions; Department ordered to reinstate karate training in prison; Bail law is not the problem, researcher reminds ANC President; Judge optimistic that juvenile offender will be rehabilitated after 8 years.
This newsletter focusses almost exclusively on the prevalence of HIV in South Africa's prison system. This article is written by CSPRI's co-ordinator, Lukas Muntingh.
This submission is made to the South African Portfolio Committee on Justice and Constitutional Development and addresses the Criminal Law (Sentencing) Amendment Bill [B15 of 2007]
Media reports in this issue include: Police officer allegedly tampered with Yengeni's blood sample; Torture in South Africa prisons remains a challenge, Human Rights Commission chief; Department to investigate the cause of prison gang violence; Prisoners awaiting trial for years because of lack of enough judges; Prisoner's relative suggests correctional supervision instead of imprisonment; Five new prisons will cost a lot more than estimated; Department discovers escape of internationally wanted criminal after 8 days.
This submission was made in response to South Africa's Department of Correctional Services tabling of its 2008/09 budget. It addressed the size of the prison population, the seven-day establishment, the PPPs, and the implementation of the White Paper on Corrections.
Media reports in this issue include: Prisoners to be monitored electronically; Younger offenders should be sent for correctional supervision; Human Rights Commission criticises death penalty move; Awaiting-trial prisoner's lawyer unhappy with the postponement of client's trial; Awaiting-trial prisoners escape from a police van; Bill could reduce the age of babies living with imprisoned mothers; Department and Portfolio Committee disagree on private prisons; Department of Correctional Services recovers 22 million rand; Department of Correctional Services ordered to reinstate fired warder; Correctional Services Portfolio Committee chairperson says prisoners should be stripped of privileges; and many more newspaper articles on prison-related issues.
This newsletter looks at the Department of Correctional Services' (DCS) Medium Term Expenditure Estimates focussing on five issues: The cost drivers and priorities in the budget; The real and nominal trends in the budget; The internal distribution of the budget between DCS programmes; The prison construction programme; Budget trends and the White Paper on Corrections; and The budget in relation to other budgets in the crime and security cluster.
"The report also notes the excessive power of the armed forces which effectively control the prisons, carry out arrests, and exercise military jurisdiction over civilians. Secret detentions and the abduction of opposition politicians in neighbouring countries are of particular concern. The report describes cases of people detained for merely exercising their political rights; it looks into the detention of illegal immigrants at police stations, notes the absence of effective defence rights and limitations on legal aid, refers to the physical conditions of detention as a contributing factor to the lack of adequate defence and cites the lack of an effective registration system at prisons and police stations."
This article was published in AHRLJ Volume 8 No 2 2008. Liberia has had a turbulent recent history, and today deals with extreme poverty, high crime, ethnic tensions, widespread impunity and corruption. In addition to this, there is a complex and contradictory relationship between law and religion, which further complicates the ongoing efforts towards peace building and reconstruction. This paper aims to highlight the fundamental question of whether certain laws and human rights — in this case, religious or cultural freedom — can or should be actively promoted by the state and by society in such a unique scenario as fragile, post-conflict Liberia. The paper first addresses this question with respect to the country's contradictory dual-justice system, highlighting the problems that arise when the weak state struggles to enforce statutory and human rights law, while much of the population still sees legitimate justice to be rooted in traditional mechanisms, such as trials by ordeal, which oppose these laws. The second section of the paper considers the extent to which all Liberians enjoy religious freedom. It is shown that, while Liberia is de facto a secular state, it is essentially de jure a Christian country. Although there are historically and presently few indications of unrest based strictly on religion, it is argued that there is underlying religious tension that makes it dangerous for the state or society to suggest any major integration of Islam into public life. Some of this tension can be attributed to the growing number of Pentecostal and charismatic churches, which are especially vocal about the encroachment of non-Christians. However, because of Liberia's fragility, it might be the case that promoting religious equality and actively eliminating the Christian bias might cause more harm than good in Liberia today.
This article was published in AHRLJ Volume 8 No 2 2008. This paper explores the relationship between law, religion and human rights in Nigeria. The level and intensity of religious strife in Nigeria justify this inquiry, whose aim should be the design of a framework that enables individuals to enjoy the freedom of religion and ensures that religious conflicts are managed in Nigeria’s multi-ethnic and multi-religious context. Almost a decade to the introduction of Islamic criminal law in the 12 northern states of Nigeria, there is no longer any doubt that religion is fundamental to the survival of Nigeria. The basic thesis of this paper is that the key to understanding the relationship between law, religion and human rights in Nigeria lies in the unacknowledged dominance of Islam and Christianity, which I characterise as de facto state religions, and the resulting neglect of other religions. It is this reality, its denial and misunderstanding of attendant constitutional obligations that define the relationship between the Nigerian state and religion.
This issue contains media articles on: Children; Governance and Corruption; Prisoner's Rights; Trial & Sentencing; Overcrowding; Prison reform in other African countries.
This report written by University of Namibia academics discusses the distinction between police cells and holding cells, and the conditions of police cells in terms of Namibia's legal obligations.
Loi Constitutionnel n°215/AN/08/5ème L portant révision de la Constitution.
Note from the Editors: Due to the festive season and general winding down of activities at the end of 2007, a December 2007 issue of CSPRI 30 Days/Dae/Izinsuku was not circulated. This issue covers two months; December 2007 and January 2008. We will also welcome any feedback on this newsletter and whether or not our readers find it useful. Any suggestions on improvement are welcome; Lukas Muntingh, Julia Sloth-Nielsen & Jamil Mujuzi; This issue has media reports on: Safety and security (including a report on Load- shedding compromising prison work); Deaths in custody; Unsentenced prisoners; Governance (including an article on the Court orders prison doctor should get his job back); Corruption (including an article on Correctional Services tenders should be investigated, Democratic Alliance); Prison conditions; Health care (including an article on HIV prevalence rate is higher among prisoners).
In this CSPRI Newsletter, Senior Researcher, Lukas Muntingh, writes on Prison Oversight in South Africa. He asks the question: Has it come of age? Reflections on the Judicial Inspectorate of Prisons and the Portfolio Committee on Correctional Services
This article provides a rethinking of juvenile delinquency in colonial Senegal using gender as a critical category of analysis. It focuses on the case of Léonie Guèye, a thirteen-year-old girl sentenced three times for robbery. Acquitted in all three trials in virtue of Article 66 - as having acted without discernment - Léonie was nevertheless sent to Bambey penitentiary, a male institution. Wiener Zeitschrift für kritische Afrikastudien
Prisons serve a set of complex, mutually conflicting and hard-to-achieve goals. Prisons must house people in a humane manner but simultaneously appeal to the punitive nature of prisons — order and security must be maintained while providing an effective deterrent, and appease political opinion. It is in this “inherent policy vagueness” that stakeholders (for example, politicians, bureaucrats and civil society) must find a compromise (Boin, James and Lodge, 2005: 7). Can a constitutional democracy, such as South Africa, find an acceptable compromise, and what would “acceptable” mean under the rules of a constitutional democracy? This report investigate these questions and looks at what are the constitutional requirements for prisons as well as the threats and stumbling blocks en route to meeting these.
The Judicial Commission of Inquiry into Allegations of Corruption, Maladministration and Violence in the Department of Correctional Services – The Jali Commission - wrote a comprehensive report that investigated various areas of the Department of Correctional Services (DCS). The Jali Commission established that the DCS had various problems that made it function in a manner that left a lot to be desired. The Jali Commission made various recommendations (114+) in its 1800+ page report. The CSPRI summarised the Jali Commission report and put in a user-friendly language for most of us who do not have time to read and comprehend the whole report and also for ease of reference.
by Hendrik Jacobus Bruyns. PhD thesis at the University of South Africa.
Foundation for Human Rights Initiatives v Attorney-General (2008) AHRLR 235 (UgCC 2008)
