http://www.communitylawcentre.org.za A collection of our other CSPRI publications. daily 1 2009-09-17T10:29:38Z http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/GuideCAT.pdf This publication, released in 2011, is an update to the earlier version published in 2008. It provides an up to date guide to the implementation of the UN Convention against Torture and Cruel, Inhuman and Degrading Treatment or Punishment (UNCAT) which South Africa ratified in December 1998. As a guide to the UNCAT it is aimed at civil society organisations, human rights activists and officials working with people deprived of their liberty. The guide is divided in six chapters as follows: The absolute prohibition of torture in international law; Framing the problem of torture in a South African context; The UNCAT and South Africa’s obligations; The Committee against Torture and South Africa; Recent case law; Domestic and international stakeholders in preventing and combating torture. No publisher Jill 2011-11-25T10:05:20Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/SACriminal_record_expungement.PDF This report reviews the use and expungement of criminal records in South Africa and was prompted by a recent amendment to the Criminal Procedure Act which created, for the first time, a mechanism for certain criminal convictions to be expunged. The situation of criminal records and their expungement is, however, not a simple one and the creation of additional registers (Sex Offender Register, Child Protection Register and Diversion Register) have added another dimension to the issue. The overall impression from the legal framework is that different pieces of legislation use different yardsticks in respect of expungements. It is furthermore a general conclusion that the scope of the mechanism created in the Criminal Procedure is extremely narrow and that very few former offenders would in fact benefit from it. The creation of this mechanism also saw the private sector creating a profit opportunity with some companies charging amounts as high as R7 500 for handling the expungement application, a procedure that should cost no more than R100. The report concludes by recommending that the retention and expungement of criminal records should be selective, purposeful and based on knowledge. No publisher Jill 2011-11-25T10:05:19Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/Remand_Detention_in_SA.pdf This research report provides an overview of the necessary research to develop possible solutions for limiting the amount of time remand detainees spend in custody. The report discusses, firstly, the bail provisions in the Criminal Procedure Act with regard to the right to liberty and in the broader constitutional notion of proportionality. Second, case law from regional and international bodies dealing with pre-trial release is explored, and third, detention time limits and automatic bail review proceedings are discussed. Fourth, the conceptual distinction between fair trial rights and liberty interests and the South African courts’ treatment of “undue delay” cases is described. The report concludes with the recommendation that a constitutional challenge, based on the Criminal Procedure Act’s failure to adequately protect the accused’s right to liberty, be brought on behalf of South Africa’s remand detainees. Such a challenge would be based on the right to liberty and argue that without custody time limits and a regular, automatic review of bail decisions, the law in relation to bail, as it currently stands, is unconstitutional. No publisher Jill 2011-11-25T10:05:19Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/SADC_Oversight_mechanisms.pdf Given the slow rate at which SADC countries have signed and ratified OPCAT, this paper explores existing statutory detention oversight mechanisms in the domestic laws of SADC countries with a particular emphasis on prisons. The notion of individuals or institutions visiting places of detention to inspect conditions of detention and treatment of detained persons is not new and is found even in the antiquated laws of several countries reviewed here. No publisher Jill 2011-11-25T10:05:07Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/A%20guide%20to%20the%20rights%20of%20inmates%20as%20in%20CSA%20-%20Regulations%20%28revised%202010%29.PDF The Correctional Services Act (111 of 1998) was promulgated in 2004 creating a rights-based framework for South Africa’s prison system. In 2008 the Correctional Services Act was amended by the Correctional Services Amendment Act (25 of 2008). This guide, originally published in 2006, has been updated to incorporate the changes to the 1998 Correctional Services Act following the recent amendment. The purpose of this guide is to describe in an accessible and user-friendly format the human rights framework pertaining to inmates in South Africa based on the Constitution, Correctional Services Act and the Regulations accompanying the legislation. Where appropriate, reference is made to other legislation when this has a direct bearing on the rights of inmates. Care was, however, taken to focus on the rights of inmates and the guide should thus not be seen as a guide prison law in South Africa or even as a plain language guide to the complete Correctional Services Act. Large parts of this Act deal, for instance, with the operations and management of the Department of Correctional Service and do not have a direct bearing on the rights of inmates. No publisher hannes 2011-11-25T10:05:19Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/RoundtableDiscussion3.pdf In March 2005 the Department of Correctional Services released the White Paper on Corrections in South Africa which articulated a new 20-year vision for the correctional system. This vision articulates an antithesis of what was inherited from the previous regime. But it does raise serious questions about its attainability. Nearly five years into the implementation of the White Paper, results in respect of rehabilitation services to prisoners remain modest. The lack of budgetary alignment to the vision of the White Paper has also been remarked upon by Parliament. In many regards, conditions of detention fail to meet the minimum standards set out in the Constitution and the Correctional Services Act. This roundtable discussion focussed on a critical examination of the White Paper as a policy document and also on progress towards realising the objectives of the White Paper. Some may argue that the White Paper has made a valuable contribution by providing the Department with a new purpose and paradigm, whilst others state that meeting the minimum standards of humane detention is a pre-requisite for large scale rehabilitation services. Did the ambitious vision of the White Paper set the Department up for failure? No publisher Jill 2011-11-25T10:05:08Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/2ndRoundtableReport The second, in a series of three roundtable discussion, focused on the 2008/9 Annual Report of the Judicial Inspectorate for Correctional Services. Since its establishment in 1998 the Inspectorate has made a valuable contribution to promoting and protecting prisoners’ rights and South Africa. The Inspectorate has the mandate to inspect prisons in order that the Inspecting Judge may report on the treatment of prisoners and conditions in prisons. After nearly a decade in existence, it is necessary to examine how the Inspectorate has fulfilled its mandate and how oversight over the prison can be improved in cooperation with other stakeholders, such as civil society, Parliament and the academic community. The discussion focused on the state of correctional centre and the prevention of human rights violations. No publisher Jill 2011-11-25T10:05:18Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/ReducingPrisonViolence.pdf Few would argue that prisons are violent places and South Africa is no exception. The consistently high number of deaths and complaints of assaults recorded by both the DCS and the JICS over several years indicate that violence is a “normal” feature of the South African prison system. Amongst all the strategic objectives towards transformation of the prison system and the distractions, the most important objective of any correctional system is to detain prisoners under safe and humane conditions. This, very explicitly, means that individuals, when imprisoned, must not only be safe but they must also feel safe. Regrettably this is not the case and thus the need for this paper to take a closer look at violence in South Africa’s prison system. This is done by reviewing the literature on prison violence to gain a deeper understanding of the problem and also to establish whether there have been any effective measures implemented elsewhere to reduce prison violence. Based on these a number of recommendations are made to improve prison safety in South Africa. No publisher Jill 2011-11-25T10:05:09Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/TheeffectofsentencingontheSAprisonpopulation1.pdf South Africa has a serious prison overcrowding problem. The total number of prisoners has grown steadily and dramatically over the last 11 years. The cause of the increase has changed during this time. No publisher Alex 2011-11-25T10:05:14Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/Eval_IPV_No_5.pdf In 1999 the relevant sections of the Correctional Services Act was promulgated to provide for the establishment of the Judicial Inspectorate of Prisons. The Independent Prisons Visitor, as provided for in the Act, is the main mechanism of the Judicial Inspectorate to hear and address the complaints of prisoners. With hundreds of Independents Prison Visitors appointed by 2003, this paper reviews the effectiveness of the system to address the complaints of prisoners. No publisher Alex 2011-11-25T10:05:15Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/Oversight_corrections_No_4.pdf The restricted and hidden nature of the prison regime was dramatically apparent in apartheid South Africa, where prisons shunned outside scrutiny and engagement in all correctional matters. The correctional system was an inherent part of the political apparatus that upheld the apartheid state. Prisoners were segregated according to race, and the staff hierarchy echoed similar racial lines. The adoption of the Bill of Rights in firstly the interim and then the final Constitution in 1993 and 1996 finally established the right of prisoners to be treated with human dignity and set out the mandatory minimum rights of people deprived of their liberty and those held in custody. These guideline principles, later amplified in the Correctional Services Act of 1998, seek to define how the Department of Correctional Services (DCS) should implement its correctional mandate in keeping people in custody. Recognising the importance of accountability and oversight mechanisms in respect of public institutions, the Constitution created vehicles for civilian oversight. Mechanisms were also created to focus exclusively on prisons. A decade after this transition, it is timeous to evaluate how these mechanisms are functioning, and to what extent they are serving their envisaged purpose. No publisher Alex 2011-11-25T10:05:16Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/Prisoners_rights_litigation_No_3.pdf Prisoner's rights litigators face serious challenges when they take on the Department of Correctional Services. There is a lack of respect for the Rule of Law within prison services, which means existing rules are disobeyed, court orders ignored and corruption and misconduct condoned or covered up; representatives of prison services often fear taking responsibility and therefore often fail to act, passing on cases to court in an attempt to "pass the buck"; the leadership in the Department often does not know what is going on in individual prisons; the public and the newspapers have little sympathy for prisoners and there is little publicity for the plight of prisoners and consequently representatives in the prison service feel that they can get away with actions that would otherwise not be tolerated; and conditions of overcrowding in the prisons are often caused by problems in the criminal justice system and must be addressed if one wants to improve the conditions under which prisoners are kept. This means that at present litigation against the Department of Correctional Services seldom brings lasting changes in the conditions of prisoners and/or in the way prison officials and the political leadership in the Department operate. Despite these problems, prisoners' rights litigation could be a powerful weapon deployed to address the lack of respect for the Rule of Law, which lies at the heart of the problems faced by the Department. Other non-legal strategies could be used alongside litigation strategies to place ever more pressure on relevant officials and the political leadership in the Department. Such pressure would then force the prison leadership to act because inaction would become impossible. No publisher Alex 2011-11-25T10:05:16Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/Litigation_addendum_No_3A.pdf Subsequent to the Constitutional Court case in which the right of prisoners to vote was secured prior to the 2004 general election (Min of Home Affairs v NICRO), this is an addendum to Pierre de Vos's paper on the impact of litigation to promote the rights of prisoners No publisher Alex 2011-11-25T10:05:17Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/OPCAT_No_2.pdf South African ratified the UN Convention Against Torture in December 1998 and played a significant role in the drafting of the Optional Protocol to the Convention against Torture (OPCAT). The UN General Assembly adopted the OPCAT in December 2002 and since February 2003 the OPCAT has been open for signature. By October 2005 there have been 48 signatures and 13 ratifications. The Protocol requires 20 ratifications to become binding on UN members. The OPCAT is a powerful international human rights instrument as it provides for national and international visiting mechanisms to all places where people are detained. This includes prisons, police cells, immigration centres, and psychiatric hospitals, amongst others. Regular visits to such facilities have been proven as an effective measure against torture and the ill treatment of people deprived of their liberty. This paper investigate the implication for South Africa should it sign and ratify the OPCAT. No publisher Alex 2011-11-25T10:05:17Z publicationFile http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/Policy_overview_No_1.pdf The period 1994 to 2002 in South African Correctional Services history is reviewed in this paper and was prompted by the apparent confusion characterizing correctional policy during this period. During this period substantial policy changes were adopted, such as the privatization of prisons, but with limited debate and oversight. The paper records for historical purposes important trends and mistakes made during this period, but also serve as a clear reminder of the importance of transparent knowledge-based policy development. No publisher Alex 2011-11-25T10:05:18Z publicationFile