2012 Human Rights Report
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2012 Human Rights Report
This newsletter is a continuation of the discussion in newsletter 42. The discussion covers the right to redress for victims of torture and other ill-treatment, and considers whether the new international guidelines will provide better access to redress for victims at a domestic level.
This edition of 30 days covers news items from February 2013, covering prison conditions, sentencing and parole, unsentenced prisoners, and news from other African countries.
"Lengthy pretrial detention was a problem, due largely to the lack of lawyers and judges, difficulties of locating witnesses, and the absence of a strong mechanism to compel witness attendance in court. The length of pretrial detention commonly equaled or exceeded the sentence for the alleged crime. Estimates of the number of pretrial detainees ranged from one-third to two-thirds of the prison population."
This book review was published in AHRLJ Volume 13 No 2 2013. The Handbook is a useful tool for navigating the relatively new idea of pre-trial law clinics in Nigeria. It presents the most relevant information in a reader-friendly fashion. Although there are a number of missing fundamentals, it is still a veritable resource material for those seeking to understand how pre-trial law clinics work in Nigeria.
In this fourth PPJA newsletter Tina Lorizzo provides some insight into pre-trial detention in Mozambique, finding that Maputo's prisons are "tired"; Jean Redpath considers whether Zimbabwe's draft Constitution provides enough protection against abuse of pre-trial process?; and Clare Ballard and Jean Redpath discuss how the South African Constitutional Court decision which found the state liable for a pre-trial detainee getting tuberculosis in prison is a victory for rights but creates uncertainty in the law of delict.
"During visits of New Bell and Kondengui prisons, Amnesty International noted conditions in both prisons which amounted to cruel, inhuman and degrading treatment or punishment. In New Bell, the representatives came across five inmates who had their legs shackled in August 2010. The inmates said that they had been shackled for periods ranging from several weeks to several months. The shackles had been welded together and were permanently fixed to their legs. The shackles had visibly caused lacerations on the legs of the affected detainees. Senior officials at the Ministry of Justice told Amnesty International that they had not authorized this and were not aware of the use of shackles to restrain inmates. Prison authorities told Amnesty International that the inmates had been shackled after they had attempted to escape, which the prisoners denied. Prison officials at Kondengui and New Bell told Amnesty International delegates in December 2012 that shackles continued to be used, particularly against violent inmates or those who attempted to escape. However, use of shackles or leg irons breaches the UN Standard Minimum Rules for the Treatment of Prisoners, which states at Rule 33 that "Instruments of restraint, such as handcuffs, chains, irons and strait-jackets, shall never be applied as a punishment. Furthermore, chains or irons shall not be used as restraints". During their visit of Kondengui prison, Amnesty International found two wings which had particularly harsh conditions and which breached human rights standards. Wing 9 was known to the detainees as "Kosovo" (named after the war there). The wing, with a population of 1,402 in December 2012, consisted of 27 cells which were estimated to be on average approximately 30 square metres. Each cell held an average of 50 inmates. In December 2012, Wing 8 of a similar size as wing 9, had a population of 1.038. Because the cells did not provide enough space for all residents to sleep at the same time, many of the inmates slept in the open space outside the cell without a roof or bedding. This space also served as a kitchen for the inmates. Numerous detainees met by Amnesty International in this wing complained about their detention conditions. In a subsequent meeting with officials at the Ministry of Justice, Amnesty International urged the authorities to improve detention conditions in prison in general and Wing number 9 in particular."
This newsletter discusses the right to redress for victims of torture and other ill-treatment, and considers whether the new international guidelines will provide better access to redress for victims at a domestic level.
This edition of 30 days covers news items from December 2012 and January 2013, covering prison conditions, escapes, unsentenced prisoners, South Africans imprisoned abroad, and news from other African countries.
This last issue of 2012 includes articles on the second year of implementation of the Child Justice Act and developments in neurological science and criminal capacity.
The third issue of the ESR Review focusses on the impact of corruption within Africa that contributes to poverty and unemployment and denial of access to housing and health-care services. There are also summaries of recent developments on socio-economic rights across the world.
Mr Lee contracted tuberculosis (TB) while in prison. He sued the Minister for damages on the basis that the poor prison health management resulted in his becoming infected. The High Court upheld the claim on the basis that the prison authorities had failed to take reasonable steps to prevent Mr Lee from contracting TB.The majority of the court noted that there is a legal duty on the responsible authorities to provide adequate health care services as part of the constitutional right of all prisoners to conditions of detention that are consistent with human dignity.
This joint report between the Mozambique Human Rights League and Amnesty International looks at the shortcomings of the Mozambique criminal justice system, with a focus on arbitrary arrest and detention.
This edition of 30 Days/Dae/Izinsuku covers news items reported during November 2012 on prison conditions, rehabilitation, unsentenced prisoners, sentencing and parole and South African prisoners abroad.
This is in response to the Commission of Inquiry into allegations of police inefficiency in Khayelitsha and a breakdown of relations between the community and the police in Khayelitsha
This edition of 30 Days/Dae/Izinsuku covers news items from October 2012 on governance and corruption, parole and sentencing, prison conditions, unsentenced prisoners and rehabilitation, as well as prison related news from other African countries.
Following the outcome of an interdepartmental project led by the DCS aimed at re-engineering the way in which awaiting trial detainees are dealt with, the Cabinet Lekgotla decided in January 2009 that the DCS must establish a Branch that will be responsible for the management of awaiting trial detainees.This White Paper deals with the remand detention population as a very distinct entity from the population of sentenced offenders. It recognises the unique challenges associated with persons who are detained although not yet found guilty of any crime. It distinguishes this population from a population focused on rehabilitation and acknowledges the duty to hold such a population for purposes of attending court.
The ability of the JICS to effectively promote and protect the rights of inmates depends on the extent to which it is independent of political and executive influence. Accordingly, this submission focuses on the financial and administrative aspects of the JICS as well as the nature and objects of its legislative powers.

