On 4 December 2020, the African Court on Human and Peoples’ Rights unanimously held that vagrancy laws and related by-laws are incompatible with the African Charter on Human and Peoples’ Rights, the African Charter on the Rights and Welfare of the Child and the Maputo Protocol on the Rights of Women.
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On 10 April 2020, Mr Collins Khosa was brutalised, tortured and murdered in his own home by security forces deployed to enforce South Africa's Disaster Management Act ("lockdown") regulations. The family of Mr Khosa brought an application to court to attempt to ensure such brutality does not happen again. The court ordered the Minister and various agencies of state to take a range of preventative measures. The state was ordered to pay costs.
Over 163,000 people are in correctional facilities in South Africa. Outbreaks of Covid-19 in these prisons can have catastrophic consequences for both prisoners and the public healthcare system.
Today, World Homeless Day, marks the official launch of a civil society campaign to decriminalise poverty-related by-laws in South Africa.
The New Times reports that The Minister of Justice, Johnston Busingye, told the newspaper in a telephone interview that this step finally means that Rwandans can now be fully governed by the laws that they have made themselves. The said laws were enacted between 1885 and 1962, when Rwanda obtained independence from Belgium.
The Director of Public Prosecutions(DPP) in Kenya on 12 March 2019 issued practice directions on how to handle the offence of touting. This offence was among the many offences identified as petty and was the subject of extensive stakeholder engagement to have it decriminalised. The Office of the DPP conducted a further research ,and paid visits to select remand facilities in Kenya in partnership with ICJ Kenya and other stakeholders. The findings of the research informed the decision by the DPP to issue practice directions on how to deal with the offence of touting.
On 20 February 2019 a group of non-governmental organisations submitted a request to the National Human Rights Commission (NHRC) and to the Ombudsman to take a position on the right of prisoners to vote.
The Equality Court sitting in Cape Town has made a declaration of unfair discrimination, in the allocation of police resources in the Western Cape. The evidence of ACJR researcher Jean Redpath assisted the court in reaching this conclusion.
Across Africa, many people, especially the poor and other disadvantaged groups, are arrested and even detained for the transgression of minor offences, such as loitering, being a ‘rogue and vagabond’, use of abusive language, disorderly behaviour, begging, public insult and being idle. Many of these offences date back to the colonial-era. The Campaign on the Decriminalisation and Declassification of Petty Offences in Africa has as its aim reform in law, policy and practice that would address the arbitrary and discriminatory nature of these laws and by-laws and their enforcement.
It remains the case that too many people, especially the poor and other disadvantaged groups, are arrested and even detained for the transgression of minor offences, such as loitering, being a ‘rogue and vagabond’, use of abusive language, disorderly behaviour, public insult and being idle. Many of these offences date back to the colonial-era. The 12 partner organisations of the campaign on the Decriminalisation and Declassification of Petty Offences in Africa have as their collective aim reform in law, policy and practice that would address the arbitrary and discriminatory nature of these laws and by-laws and their enforcement.
In Mozambique the courts close for 60 days from December until February for the ‘judicial vacation’ (férias judiciais). For emergency matters, shifts are arranged by the Supreme Court only at the court of first instance as regulated by articles 27 and 28 of Law 24/2007. At the moment there is a proposal before the First Commission of Parliament to revise this system and reduce the duration of the holidays to 30 days.
Em Moçambique, os tribunais fecham por 60 dias, entre Dezembro e Fevereiro para as férias judiciais. Por casos de emergência, turnos são organizados pelo Tribunal Supremo apenas nos tribunais de primeira instância, como regulados pelos Artigos 27 e 28 da Lei n. 24/2007. Actualmente uma proposta está na I Comissão da Assembleia da República para reduzir a duração das férias judiciais para 30 dias.
The Malawi High Court has quashed the convictions of 24 people, primarily women, for the vagrancy offence of ‘being idle and disorderly persons.’
A regional conference held in Malawi, the birthplace of paralegalism, called upon states to recognise and support the key role played by paralegals in the criminal justice system. The conference proceedings were facilitated by ACJR researcher Jean Redpath.
Zambia's average prison population was 21,000 against a holding capacity of only 8,500 in 2016. A symposium in which ACJR participated resulted in the establishment of technical working groups to address key aspects of the problem.
Proper file and data management is among the calls made to states in this resolution. Proper data collection is a key ACJR interest.
ACJR's Gwen Dereymaeker presentation made at the seminar organised by the South African Judicial Inspectorate for Correctional Services on super-maximum prisons on 7 September 2017 at the Durban Correctional Centre.
ACJR participated in the 8th Annual Conference of the Pan African Lawyers Union Seminar focusing on Initiatives for the Decriminalisation and Declassification of Petty Offences in Africa held in Durban, South Africa from 5 – 8 July 2017.
The Deputy Commissioner gave the keynote address on behalf of the Commissioner, Mr Percy Chato. Mr Godfrek Malembeka welcomed the attendees on behalf of the Board of the Legal Resources Foundation.
Lukas Muntingh and Jean Redpath shared experiences of measuring performance and proposal writing with a range of Mozambican NGO's.
ACJR researchers Gwen Dereymaeker and Kristen Petersen shared the results of their comparative investigations into the constitutionality of criminal procedures, and bail regimes, in selected African countries, to judges at the Centro de Formação Jurídica e Judiciaria (Judicial Training Institute) of Mozambique. ACJR associate Tina Lorizzo, of REFORMAR, presented the results relevant to Mozambique in particular.
The Minister of Justice and Constitutional and Religious Affairs, Isaque Chande, as well as the Vice President of the Supreme Court, Dr. João Beirão, attended the Maputo launch of the report on 6 June 2017.
From 8 to 12 May 2017, ACJR staff Lukas Muntingh and Gwen Dereymaeker took a delegation of the South African Judicial Inspectorate for Correctional Services (JICS) to London, United Kingdom, on a study tour. The objective of the study tour was to engage with UK oversoght institutions to identify successes and challenges in the South African prison oversight structure.
ACJR researcher Gwen Dereymaeker presented a paper on the constitutional compliance with international human rights law and the criminal justice process at the 6th Annual Conference of the Younger Comparativists Committee of the American Society for Comparative Law, which took place at Koç University in Istanbul, Turkey.
The Civil Society Prison Reform Initiative (CSPRI) was established in 2003 to address the research and advocacy gaps around imprisonment and human rights in South Africa. Since the late 2000s the project expanded its scope geographically as well as thematically. ‘Civil Society Prison Reform Initiative’ no longer reflects its work and the name is to be changed to ‘Africa Criminal Justice Reform’ and will be referred to as Organisation pour la Réforme de la Justice Pénale en Afrique (in French) and Organização para a Reforma da Justiça Criminal em África (in Portuguese).
To what extent do countries make constitutional rights real in law? CSPRI has published reports on 5 African countries as well as a comparative report on the question of the extent to which countries ensure their laws are in accordance with their recently adopted constitutions.
Lieutenant-General Khombinkosi Jula, the Western Cape Commissioner of Police, has announced that an additional 1140 police officials will be deployed in the Western Cape, with 790 being deployed in seven priority areas, including Khayelitsha, Bishop Lavis, Delft, Harare, Manenberg, Nyanga and Mfuleni. The relatively low allocation of resources to these and other township areas is the subject of a case currently before the Equality Court, for which CSPRI researcher Jean Redpath is an expert witness.
A comprehensive audit of the criminal justice system in Kenya points toward avenues for reform.
Figuring out where reforms should be targeted requires a thorough understanding of human rights and how those are reflected in national constitutions. Measuring the progress of reform efforts requires an understanding of indicators and measurement. A CSRPI-PPJA workshop held in June 2016 aimed to raise the bar on both.
At a seminar held in Nairobi, representatives from the National Council heard the findings, provided input and validated the finalisation of a comprehensive audit of the criminal justice system in Kenya. The report was prepared by Legal Resources Foundation Kenya, Resources Oriented Development Initiative Kenya, and CSPRI.
The UN Human Rights Committee published its concluding observations following South Africa's review in March 2016. Key points raised in the Alternate Report coordinated by CSPRI were among the concluding observations.
The UN Human Rights Committee is the body mandated to oversee the implementation of the International Covenant on Civil and Political Rights in states party to the Covenant.
Around 1000 prisoners were pardoned by the President during his State of the Nation address in December 2015. While these pardons offer temporary relief for the overburdened penitentiary system, implementation of more comprehensive measures, which form part of ongoing legal reform, will be necessary to effect real change.
PPJA has released a paper exploring the issues around arrest in Africa. The paper considers the historical roots of policing in Africa and how these have been translated in the post-colonial context. The paper suggests not all people are at an equal risk of arrest, but rather that it is the poor, powerless and out-groups that are at a higher risk of arrest. The report concludes with a number of recommendations, calling for further research, decriminalisation of certain offences, and restructuring of the police in African countries.
The CSPRI presentation "Toward the rational allocation of policing resources" builds on work done for the Khayelitsha Commission and presents new data analysing the situation in KwaZulu-Natal.
CSPRI researcher Gwénaëlle Dereymaeker presented CSPRI's research findings on South Africa's anti-torture legislative framework at the Pan-African seminar hosted by REDRESS in Nairobi, Kenya, on 28-29 September.
CSPRI researcher Jean Redpath provided insights around the problem of pre-trial detention in the African context, with particular emphasis on problems in measuring the impact of interventions and of policy change.
A delegation from CSPRI contributed to the Committee's strategic planning session held on 15 September 2015.
Heads of state and government will gather at the United Nations in New York from 25-27 September 2015 for a three-day summit to endorse the 2030 Agenda for Sustainable Development - the Sustainable Development Goals (SDGs)
Judgment was recently handed down by the Port Elizabeth High Court in the much publicised St Alban’s case, as it became known, which emanates from an alleged mass assault of prisoners at the St Alban’s prisons in Port Elizabeth in July 2005.
South Africa has specific sentencing provisions which read together the Correctional Services Act, determine how soon someone may be released on correctional supervision.
This submission deals with South Africa’s performance in relation to, and compliance with, international standards with reference to offender management, offender rehabilitation and independent monitoring. The submission was requested by the Portfolio Committee on Justice and Correctional Services (the Portfolio Committee).
At a seminar held in Cape Town in May 2015, participants from PPJA partner organisations discussed indicators for measuring pre-trial justice in Africa. A "long-list" of draft proposed indicators was agreed upon by the end of the seminar. Further consultations are planned to expand the extent of consultation and to refine the proposed indicators.
Mobile training unit members were trained in the last week of July 2015 on the new registers, case folders and court diary, designed to ensure pre-trial detainees do not get "lost" and that time limits in the criminal justice system are met.
On 27-30 July 2015 CSPRI assisted in the training of a mobile training unit which is to roll out new case folders, registers and court diaries across Malawi.
On 27-30 July 2015 CSPRI assisted in the training of a mobile training unit which is to roll out new case folders, registers and court diaries across Malawi.
This fact sheet was prompted by media reports in July 2015 of prisoners being held in effective solitary confinement at Kgosi Mampuru II Correctional Centre in Pretoria, South Africa, in an unlit underground cell.
The Khayelitsha Commission of Inquiry recommended that the South African Police Service (SAPS) review the allocation of police resources across South Africa, after finding that the comparative allocation to Khayelitsha compared to other policing areas was irrational and unjust. To date neither the relevant Minister nor the SAPS has responded to the Commission Report.
The Khayelitsha Commission of Inquiry recommended that the South African Police Service (SAPS) review the allocation of police resources across South Africa, after finding that the comparative allocation to Khayelitsha compared to other policing areas was irrational and unjust. To date neither the relevant Minister nor the SAPS has responded to the Commission Report.
A groundbreaking report providing an in-depth understanding of the challenges faced by people with psychosocial or intellectual disabilities in Zambia's criminal justice system was published on 15 July 2015.
In June and July 2015 CSPRI worked with the Legal Resources Foundation (LRF) - Kenya, and Resource Oriented Development Initiative (RODI) toward commencing their work for Kenya's National Council on the Administration of Justice.
At the 56th ACHPR Ordinary Session, which was held in Banjul, The Gambia, from 21 April to 7 May 2015, the ACHPR Committee for the Prevention of Torture in Africa (CPTA) decided that its first General Comment on Article 5 and the prevention and prohibition of torture would examine the right to redress for victims of torture and other ill-treatment.
Mozambique's new Penal Code came into effect today 29 June 2015, despite wide expectation that government would delay implementation of the law
No Sábado dia 20 de Junho, os Serviços de Investigação Criminal (SIC) e a Polícia Nacional prenderam e encarceraram treze jovens activistas políticos e defensores de direitos humanos, numa residência onde discutiam questões políticas relacionadas com o estado da democracia em Angola. Depois de serem presos cada um deles foi levado para a sua residência algemados e a polícia fez buscas e confiscou equipamento informático e documentos, nomeadamente; computadores, máquinas fotográficas, agendas pessoais, revistas, documentos vários e cartões de recarga telefónica que encontraram. Muitos destes equipamentos e documentos são pertença de membros da família. A operação policial aconteceu sem qualquer “mandado de prisão ou de busca” e muitas vezes a polícia armada usou violência para entrar nas residências.
On 10 and 11 June 2015 CSPRI trained students and staff at the Universidade Edouardo Mondlane (UEM) in Maputo.
On 10 and 11 June 2015 CSPRI trained students and staff at the Universidade Edouardo Mondlane (UEM) in Maputo.
Described by experts as progressive, the ACJ Act covers the criminal process from arrest through bail, trial, conviction and sentencing, costs, compensation, damages and restitution as well as appeals.
On 20-22 May 2015 CSPRI hosted a workshop with partners from across Africa to discuss indicators for pre-trial justice in Africa.
On 18 and 19 May 2015, CSPRI hosted a seminar in Cape Town with experts in constitutional law and criminal procedure law from Burundi, Côte d’Ivoire, Kenya, Mozambique and Zambia.
For most development issues, indicators are adopted both to measure progress and to galvanise action. For example, the eight Millennium Development Goals (MDGs) – which ranged from halving extreme poverty rates to providing universal primary education by the target date of 2015 – formed a blueprint which was agreed to by all the world’s countries and all the world’s leading development institutions, and succeeded in galvanising unprecedented efforts toward meeting the needs of the world’s poorest.
The Government of South Africa is hosting the fourth expert group meeting for the revision of these rules from 2-5 March 2015. Lukas Muntingh of CSPRI is attending as an independent observer.
Lukas Muntingh has testified on the position of St. Alban's prison within the South African Department of Correctional Services in the civil lawsuit brought by 231 inmates from St Albans prison, which resumed in the Port Elizabeth High Court on 2 February 2015.
Constitutional amendments of 1990 and 2004 meant that the Criminal Code of 1886 no longer was in line with the political, social, cultural and economic reality of Mozambique. This revision of the of Criminal Code is intended to ensure the enjoyment of rights and freedoms of citizens.
Lukas Muntingh's discussion of South Africa's failures in the in the internation human rights system was published on Thought Leader, a leading online opinion forum, in October 2014.
Results of an audit of pre-trial detention in Mozambique, carried out by Liga Moçambicana dos Direitos Humanos (the Mozambique Human Rights League) and CSPRI at the Community Law Centre of the University of the Western Cape, were presented at a seminar on 11 and 12 September 2014 in Maputo.
Results of an audit of pre-trial detention in Mozambique, carried out by Liga Moçambicana dos Direitos Humanos (the Mozambique Human Rights League) and CSPRI at the Community Law Centre of the University of the Western Cape, were presented at a seminar on 11 and 12 September 2014 in Maputo.
The aim of the fourth workshop in South Africa was to consult on the draft Plan of Action developed during the third consultations, and obtain buy-in from key represented stakeholders, while in Burundi the fourth workshop was focussed on preparing for reporting in the upcoming review of Burundi by the UN Committee against Torture. The seminars took place 8-9 on July 2014 in Cape Town, South Africa and 18-20 August 2014 in Bujumbura, Burundi.
Gwenaelle Dereymaeker presented a paper entitled "When civil damages replace prosecutions for violence committed by law enforcement officials: effective accountability or de facto impunity?" at the Fifth International Conference: National and International Perspectives on Crime Reduction and Criminal Justice, held in Sandton, Johannesburg, on 14 and 15 August 2014.
Jean Redpath presented a paper on remand detention trends in South Africa at the Fifth International Conference: National and International Perspectives on Crime Reduction and Criminal Justice, held in Sandton, Johannesburg, on 14 and 15 August 2014.
This took place at the office of the Human Rights League, on 1 August 2014, at the the Hotel Afrin on 6 and 7 August 2014.
This took place on 29 July 2014, at the Penitenciaria Provincial Sul de Machava, which is the old Central Prison. Officials from the Correctional Services were trained on international law relating to the prevention of torture.
A discussion meeting on measuring criminal justice and criminal justice interventions took place in Dakar, Senegal, on 10 and 11 June 2014. Participants provided input on the ways in which measurement is occurring in the African context.
CSPRI-PPJA in partnership with the Mozambican Institute of Legal Aid (Insituto Patrocinio Assistencia Juridica, IPAJ) held a wokshop on 21 and 22 May 2014 to promote two new international soft law instruments on access to justice and pre-trial detention in Africa.
Jean Redpath gave evidence at the Khayelitsha Commission of Inquiry into Allegations of Police Inefficiency and a Breakdown in Relations between the South African Police Service and and the Community in Khayelitsha in May 2014 regarding the relative allocation of police human resources among police stations in the Western Cape.
Malawi's Constitution and amended Criminal Procedure and Evidence Code provide for time limits applicable to various stages of the criminal justice process, after which an accused person is no longer lawfully detained.
In mid-November 2013 members of the Angolan NGO Mãos Livres carried out detailed discussion and training on how best to conduct a pre-trial audit in Angola.
The purpose of the third workshop was to launch the final version of the DIPs in all A5I target countries. This took place on 13-14 November 2013 in Cape Town, South Africa and 20-21 November 2013 in Bujumbura, Burundi.
Recent high-profile incidents have drawn attention to the manner in which the police and the prison service conduct themselves.
Lukas Muntingh presented an investigation into whether subsets of the South African population reflect different law enforcement outcomes, and whether there is any evidence that this constitutes unfair discrimination in terms of the South African Constitution.
South Africa's President Zuma signed the Prevention and Combating of Torture of Persons Act No. 13 of 2013 into law on 25 July 2013.
On 12 July 2013, Civil Society Prison Reform Initiative’s Clare Ballard from the Community Law Centre delivered a presentation at the Public Interest Law Gathering (PILG) about judicial oversight in relation to the various forms of detention and the importance of the ratification of the Optional Protocol of the Convention against Torture.
Senior researcher at the Community Law Centre, Jean Redpath on national radio, debating whether the National Prosecuting Authority is fulfilling its mandate.
The Southern African Litigation Centre (SALC) and Malawi's Centre for Human Rights Education, Advice and Assistance (CHREAA) launched a report at the Golden Peacock Hotel in Lilongwe on their study of the law and practice relating to arrests for nuisance-related offences in Blantyre, Malawi. Senior judges and magistrates were in attendance at the launch, and Justice Edward Twea gave the keynote address.
The Chief Deputy Commissioner for Remand in the Department of Correctional Services, Ms Britta Rotmann, explained the thinking behind the final draft white paper on remand detention at a roundtable in Cape Town on 23 May 2013.
The Chief Deputy Commissioner for Remand in the Department of Correctional Services, Ms Britta Rotmann, explained the thinking behind the final draft white paper on remand detention at a roundtable in Cape Town on 23 May 2013.
The organisation Front Line Defenders reported on 8 May 2012 that radio journalist and human rights defender Eric Topona was arrested and taken to prison after appearing before an investigating magistrate in N'Djamena and charged with “threatening the constitutional order”.
Members of the Seleka rebel coalition, which ousted President François Bozizé of the Central African Republic on March 24, 2013, have committed grave violations against civilians, including pillage, summary executions, rape, and torture, Human Rights Watch said on 10 May 2013.
Amnesty International said in a report released on 9 May 2013 that Eritrea's prisons are filled with thousands of political prisoners, locked up without ever being charged with a crime, many of whom are never heard from again. Those detained include government critics, journalists and people practising an unregistered religion, as well as people trying to leave the country or avoid indefinite conscription into national service.
The final draft of the South African government's White Paper on Remand Detention Management has been published on the Department of Correctional Services (DCS) website, bringing the policy framework in line with provisions in Correctional Matters Amendment Act. The White Paper marks the end of a process aimed at closing a policy gap in the 2005 White Paper on Corrections in respect of awaiting-trial detainees.
Bossembele, known by some as "Guantanamo" of the Central African Republic, is one of Africa's most secret prisons, where ousted president Francois Bozize allegedly had his opponents jailed and tortured for years. A alliance of rebel groups known as Seleka captured Bossembele and freed all prisoners as they moved against Bozize in March 2013. Al Jazeera gained access to the prison in April 2013.
An activist has been arrested in Zambia for "inciting the public to take part in indecent activities" authorities have said. This offence was adopted in Zambia in 1898 via England's Vagrancy Act of 1824. Activist Paul Kasonkomona was arrested immediately after appearing on a live television show on Sunday 7 April. In the show he outlined measures to combat HIV, which he argued included the decriminalisation of same-sex acts.
The submission deals with three broad issues: alignment between the Strategic Plan and the budget; creating safer prisons, and rehabilitation and reintegration.
Maputo Central Prison (Cadeia Central de Maputo) is the largest prison in Mozambique. It is notoriously overcrowded and conditions have in the recent past been noted to be less than ideal. During a visit to the prison on 12 February 2013 by the Human Rights League (Liga dos Direitos Humanos) and CSPRI, it was apparent that although the prison still houses more than the number for which it was designed, recent improvements have ameliorated the situation.
A Cadeia Central de Maputo é a maior prisão em Moçambique. Està superlotada e as condicoes de vida que se observavam num passado recente nao eram as ideais. Durante uma visita à prisão a 12 de Fevereiro de 2013 feita pela Liga dos Direitos Humanos e a Organização da Sociedade Civil sobre a Iniciativa de Reformas Prisionais (Civil Society Prison Reform Initiative, CSPRI), foi evidente que, embora a prisão ainda abriga mais do que o número para o qual foi concebida, os recentes avanços têm melhorado a situação.
The man, a 27-year-old Mozambican taxi driver identified as Mido Macia, in detention of head injuries and internal bleeding, according to an initial post mortem report. The incident was captured on video by bystanders. The video shows the man scuffling with police, who subdue him. He is then bound to the back of the pick-up by his arms before the vehicle drives off in front of scores of witnesses in the east Johannesburg area of Daveyton. Nine policemen have been arrested and charged with murder.
The African Press Organization (APO) reports that state security agents in Mali detained an editor on 7 March 2013 in connection with his newspaper’s publication of an open letter criticizing a financial package awarded to a former coup leader.
The aim of the second set of workshops was to receive feedback from designated expert reviewers, who reviewed completed DIPs. The DIPS has been completed by A5I staff. Participants met on 5-6 February 2013 in Cape Town, South Africa and 20-21 February 2013 in Bujumbura, Burundi.
A new report by Amnesty claims the Cameroon authorities have engaged in unlawful killings and torture as the authorities seek to use the criminal justice system to clamp down on political opponents, human rights defenders, journalists and sexual minorities.
The recent deaths of prisoners at Groenpunt and St Alban’s prisons raise serious concerns about the ability of the Department of Correctional Services to guarantee the safety of prisoners. The Groenpunt death is particularly worrying as officials are implicated in the death of the prisoner.
Mr Lee was detained at Pollsmoor Maximum Security Prison in pre-trial detention from 1999 to 2004, appearing in court no fewer than 70 times. Mr Lee contracted TB while in prison. The court found 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. The court further found there is a probable chain of causation between the negligent omissions by the responsible authorities and Mr Lee’s infection with TB. The case was remitted to the High Court to determine the amount of damages.
Mr Lee, was detained at Pollsmoor Maximum Security Prison in pre-trial detention from 1999 to 2004, appearing in court no fewer than 70 times. Mr Lee contracted TB while in prison. The court found 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. The court further found there is a probable chain of causation between the negligent omissions by the responsible authorities and Mr Lee’s infection with TB. The case was remitted to the High Court to determine the amount of damages.
National Commission on Human Rights submits worrying report on prisons to Rwandan Parliament.
The report, a collaboration between Amnesty International and the Mozambique Human Rights League, describes how people from poor social groups are particularly at risk of being locked up for months, sometimes years, in overcrowded cells without having committed a crime.
On 12 October 2012, CSPRI made a submission to the Commission of Inquiry into allegations of police inefficiency in Khayelitsha and a breakdown in relations between the community and the police in Khayelitsha. This Commission was set up by the Western Cape Premier in August 2012, following allegations from civil society that there was systemic failure by the SAPS in Khayelitsha to prevent, combat and investigate crime, take statements, open cases and apprehend criminals, resulting in a breakdown in relations between the community and the police.
A study by the Cameroon branch of Avocats Sans Frontières (ASF) revealed 60 per cent of prisoners are awaiting trial. reports Africa Review. ASF Cameroon wants authorities to end suspects’ continued serving of “illegal” and “unending” jail terms, which contravene Cameroon and international law.
Civil society hopes to introduce Guidelines on the Use and Conditions of Police Custody and Pre-Trial Detention in Africa to the 52nd session of the African Commission on Human and Peoples' Rights being held in Yamoussoukro, Cote d'Ivoire from 9 - 22 October 2012. It is hoped the Commission will eventually adopt the guidelines as a resolution of the Commission.
On 8 October 2012 Amnesty International released a report entitled "Shrouded in Secrecy: Illegal Detention and torture by Military Intelligence". The report alleges that dozens of people suspected of "threatening national security" have been held in a network of secret detention facilities run by the military.
CSPRI has prepared submissions to the Portfolio Committee on Correctional Services on the annual reports of the Department of Correctional Services and the Judicial Inspectorate for Correctional Services. The Portfolio Committee on Correctional Services will hear stakeholders on the annual reports of DCS and JICS on Wednesday 10 October at 14h.
Muslims for Human Rights (MUHURI) on 4 October 2012 released a statement calling on the government of Kenya to address the plight of seven Kenyans arrested by their own government, and illegally renditioned to Uganda to face terrorism-related charges. MUHURI was able to visit the Kenyans detained in Uganda through the assistance of the Uganda Prison Service hosting the African Correctional Services Association Conference in Kampala.
Clement Okech of the Probation and After Care Service Kenya gave an overview of Probation Service in Kenya at the African Correctional Service Association conference in Kampala, Uganda.
Riccardo Conti, head of the Uganda delegation of the International Committee of the Red Cross (ICRC) presented the ICRC supplementary guidelines on prison conditions to the African Correctional Services Association Conference held in Kampala, Uganda.
The Principal Judge of Uganda, Justice Yorokamu Bamwine on behalf of the Chief Justice of Uganda, presented a paper at the African Correctional Services Association Biennial Conference in Kampala, Uganda, which suggests there has been vast improvement in the operation of the criminal justice system in Uganda through the implementation of the Justice Law & Order Sector (JLOS) Programme since 1999.
Regina Ombam, the Head of Strategy Development of the National Aids Control Council Kenya shared the evidence on HIV/AIDS in prisons in Kenya and the important measures which have been taken in Kenya to address the situation at the African Correctional Services Assocation Conference in Kampala, Uganda.
Justice Ayotunde Phillips said it is her statutory duty to reduce overcrowding.
Togo has only twelve prisons, which on average hold more than twice their capacity. The crowded conditions exacerbate poor hygiene, food, medical care, leading to disease and death.
The African Press Organization reports that an Amnesty International Report on Chad to be released on 10 September will detail human rights violations in prison in Chad
Over-population in the Nigerian prison system has been identified as the challenge to prison reform. More than 70 per cent of over 50,000 inmates across the country are awaiting trial.
Prominent journalist, Daudi Mwangosi, died on Sunday, 2 September 2012 while covering clashes between the police and members of Tanzania's largest opposition political party, Chama cha Demokrasia na Maendeleo (Chadema).
The aim of these initial workshops was to bring together stakeholders from government, NHRIs and civil society organisations of each respective country to discuss the contents of the UNCAT and to present the draft Domestication and Implementation Package (DIP). Participants met in Bujumbura, Burundi, on 8-9 August 2012 and Pretoria, South Africa, on 28-29 August 2012.
The coalition Let's Save Togo said more than 100 people were injured and 125 arrested during the rallies on 21 and 22 August. The rallies were dispersed by police with tear gas.
On Thursday 16 August 2012, 36 miners were killed by South African Police Services officials at Marikana mine in Mpumalanga. The violence arose out of a protracted labour dispute involving rival labour unions and Lonmin management. The final death toll of the week of 13 August 2012 is close to 50. Clare Ballard argues that the recent amendment of section 49 of the Criminal Procedure Act, now awaiting the President’s signature, has weakened protection by significantly broadening the grounds on which the use of deadly force may be used and justified. She states that having constitutionally compliant legislation will not fix the seemingly endemic problems within the SAPS, nor will it repair its damaged reputation. What it can do, however, is strike the best the balance between undoubtedly complicated policing concerns, public safety and the rights to life, freedom from violence and dignity.
A number of political detainees including opposition figures who were arrested as part of a major crackdown last month were released after more than a month in detention. It is unclear whether any were actually charged. Some detainees had spent more than two months in detention.
A report by the United Nations Mission in Liberia (UNMIL) on Liberia's justice system has revealed that only 3 per cent of cases docketed in the Circuit Courts in 2010 went to trial, leaving thousands awaiting trial in the country's prisons.
Among those no longer held in the prison include Briton and his colleagues charged with ritual killing of thirteen people held since April 2012
On 1 August 2012 Somalia's 825-member National Constituent Assembly (NCA) approved a new constitution for the country by a large majority. Traditional elders, who had selected the NCA members in a process backed by the United Nations, will also choose a new parliament, which in turn is scheduled to choose Somalia's new leader on August 20, when the mandate of the Transitional Federal Government expires.
On 31 July 2012, CSPRI sent in the following submissions to Parliament on the Prevention and Combating of Torture of Persons Bill. These submissions represent the views of a group of organisations (listed in the document) and address, primarily, whether the contents of the Bill comply fully with the obligations imposed on the state in terms of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). These submissions also include recommendations on what the Bill should include and / or exclude as well as suggestions on how the text could be amended. CSPRI will be addressing the Portfolio Committee on Justice and Constitutional Development at the public hearings on 4 September 2012.
Du Toit brothers arrested in 2002, found guilty in 2012.
The Minister of Justice, Mustapha Ramid, said that prisons in Morocco house nearly 65,000 prisoners, while their capacity is only 30 000.
Fair trials not provided by military courts; civilians released
Nearly 25,000 Comorians are deported from Mayotte each year, and only after enduring poor detention conditions, claims PressTV, Paris. In addition fatal boating accidents kill on average two people per day, claims the network.
The African Centre for Justice and Peace Studies (ACJPS) has brought attention to the arrest and continued detention without charge by the Sudanese National Intelligence and Security Services (NISS) between 23 June and 12 July 2012 in Khartoum of eleven human rights workers.
The Arab Program for Human Rights Activists condemned in a press release acts of the Sudanese authorities against demonstrations that took place in many parts of Sudan on Friday June 29. The organisation alleges security forces launched an arrest campaign against activists and media representatives, with many being detained in unknown locations.
Children are detained with adults and under the authority of prisoners' militias, in contravention of International Law, says the Swiss-based Terre des Hommes.
Human Rights Watch documents flawed processes, unlawful detentions, and dire conditions in South Sudan's prisons in report released on 21 June.
Police Chief Bheki Cele was fired by Mr Zuma on 12 June after the president received a report compiled by a board of inquiry chaired by retired Justice Jake Moloi.
June 6, 2012 marks the second anniversary of the death of 28-year-old Alexandrian Khaled Said, tortured to death by Egyptian police. His death lead to protests culminating in the toppling of Mubarak's regime. In October 2011, two Egyptian police officers were found guilty of manslaughter and sentenced to seven years in prison for beating Said to death.
The International Federation of Journalists (IFJ) on 5 June 2012 called on the governments of the United States of America and The Gambia to disclose information about the whereabouts of missing Gambian journalist "Chief" Ebrima Manneh who has not been seen since his arrested on 11 July 2006 by the Gambia Police Force of the National Intelligence Agency (NIA).
Members of an elite unit set up by the Libyan government to rein in the country's rival militia forces have been accused of kidnapping and severely beating one of the country's foremost surgeons.
Most held on capital charges
Raising constitutional issues leads to delays in corruption cases; appointment of High Court judge to deal with these matters is hoped to reduce delays.
On 28 May, Lukas Muntingh and Clare Ballard launched CSPRI's latest research report during a workshop held in Cape Town. The report is an update to the situational analysis of the children in prison in South Africa. The launch brought together many stakeholders in the field of child justice and allowed for interesting exchanges on the current challenges faced by children in conflict with the law.
A Lilongwe court released five security guards arrested under insult laws after an application by the Malawi Human Rights Commission.
ANSAmed reports on the strategies of the Algerian Penitentiary Administration in seeking to educate its youthful detainees.
High Court Judge Ralph Ochan this week dismissed terrorism charges against eleven Buganda riots suspects first indicted in 2009.
Sierra Leone’s parliament has just enacted a legal aid law which provides for the role of paralegals.
Malik Medjnoune was held for 12 years in pre-trial detention until international pressure from Amensty International and Alkarama, an Arab human rights organisation, forced a one-day "trial" in July 2011. He was released in May 2012, having served the full 12 years of the sentence handed down.
Employees of the US Embassy in Kigali have commended the Rwanda Correctional Services (RCS) for promoting better and safer environment for inmates of this prison.
UN Support Mission in Libya (UNSMIL) has expressed concern to Libya's authorities over the deaths of three people in a detention centre in the north-western city of Misrata on 13 April 2012, saying it believes that the deaths were the result of torture. Most detainees are alleged Gadaffi sympathizers. Meanwhile, the Libyan authorities pass a number of new laws criminalizing opposition to the revolution.
Family of the dead detainee demand a probe into his death amid allegations that Police Commander Harry Bai runs the police station in which the death occurred like a private home.
The police "do not obey any judge", but follow their own internal regulations when it comes to detentions of police officers, General Commander of the Mozambican police, Jorge Khalau said in the northern city of Nampula about the detention of the Nacala district police commander, Adriano Muianga.
UN Commission on Crime Prevention and Criminal Justice adopts Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems in April 2012.
A 48-year-old man arrested for being drunk in public was beaten to death in a Durbanville, Cape Town, police cell in the early hours of Saturday 21 April 2012.
At the 51st Ordinary Session of the African Commission on Human and People's Rights, Promoting Pre-trial Justice in Africa (PPJA) is launching a campaign for the repeal of outdated offences.
On 18 April 2012, the Community Law Centre delivered a submission to the African Commission on Human and Peoples' Rights. The submission dealt with three issues, namely compliance with the Robben Island Guidelines, domestic oversight over places of detention and limiting the use of pre-trial detention.
On Tuesday 17 April, CSPRI delivered a submission on the budget vote (Vote 21, 2012/13), the strategic plan (2012/13 – 2016/17) and the annual performance plan (2012/13) of the Department of Correctional Services to the Portfolio Committee on Correctional Services.
Demonstrations are being held across Swaziland calling for democratic reforms in the kingdom, ruled by King Mswati III, sub-Saharan Africa's last absolute monarch. The anniversary of the Swazi Constitution prompts annual protests in the kingdom.
The Uganda High Court in early April 2012 released four men who had been facing terrorism charges since the September 2009 Buganda riots. The Observer newspaper questions in an editorial why the men were kept in detention for 30 months when there was no evidence with which to try them.
Benin follows recommendations of Committee Against Torture and passes new Code of Criminal Procedure
The Release Political Prisoners (RPP) Trust, a lobby group, claims to have documented at least 35 cases of extra-judicial killings committed since December 2011.
Human rights groups welcomed the decision by Joyce Banda, who succeeded Bingu wa Mutharika on Saturday 7 March after his death from a heart attack.
Rioters went on a rampage in central Nigeria and burnt down a police station to protest the detention of their friends, police said on 2 April 2012.
On 25 March, Clare Ballard wrote an opinion editorial on a case being heard by the North Gauteng High Court, in which the Southern African Litigation Centre (SALC) and the Zimbabwean Exiles Forum have applied for the review of the National Prosecuting Authority (NPA) and the South African Police Services' decision not to investigate or prosecute Zimbabwean officials, resident in South Africa from time to time, for alleged act of torture carried out on MDC supporters in March 2007.
John Kapito, the Chairperson of the Malawi Human Rights Commission, was detained on Friday 16 March by eight policemen who accused him of possessing guns, holding seditious meetings and printing seditious T-shirts, which insulted President Bingu wa Mutharika. On Sunday security forces prevented people from attending an opposition meeting, leading to violence.
Constitutional and legislative protocols breached during press conference held after recapture of three prisoners attempting to escape by climbing over a wall at Pretoria Central Prison on 16 March 2012, says Civil Society Prison Reform Initiative (CSPRI).
The Kenyan Ministry of Home Affairs has announced proposals to improve prison conditions by decongesting the prisons.
The President of Mozambique's Supreme Court, Ozias Pondja, on 13 March 2012 said that the country needs to train more judges, since the 293 who currently exist are insufficient to meet the growing pressure on the courts.
Poor court infrastructure is contributing to poor performance of the court system in Cunene, says the presiding judge. The Minister of Justice for Courts has promised improvements this year.
On 12 March 2012 Angolan police seized 20 computers from the offices of the publication 'Folha 8' and questioned its editor two days after attempts to stage demonstrations in the Luanda and Benguela were broken up by armed gangs and heavily armed police.
A report released by Amnesty International in February 2012 says that a year after the uprising against Muammar Gaddafi, Libya's militias are "largely out of control", with the use of torture ubiquitous and the country's new rulers unable – or unwilling – to prevent abuses.
A report released by Amnesty International in February 2012 says that a year after the uprising against Muammar Gaddafi, Libya's militias are "largely out of control", with the use of torture ubiquitous and the country's new rulers unable – or unwilling – to prevent abuses.
More than half of the cases heard on a daily basis in the Johannesburg Magistrate's Court and its ten satellite courts demand foreign language translators, and there are not enough of them to meet demand, reports Beeld newspaper.
The High Court Registrar in Mukono this week pointed to transport problems as a reason for delays, New Vision newspaper reports.
Malawi's State House issued a statement in early March 2012 in which it threatened journalists and civil society with application of an "Insult to the President" law emanating from the Banda era, which could result in fines or imprisonment.
UNESCO was in the process of awarding a prize purportedly for "research in the life sciences" to be sponsored by President Obiang of Equatorial Guinea. His administration's unjustified detention of Wenceslao Mansongo Alo, a doctor critical of his government, has lead to UNESCO suspending acceptance of President Obiang's sponsorship, after the detention was brought to their attention. UNESCO is due to decide on the prize at its meeting in Paris, France.
UNESCO was in the process of awarding a prize purportedly for "research in the life sciences" to be sponsored by President Obiang of Equatorial Guinea. His administration's unjustified detention of Wenceslao Mansongo Alo, a doctor critical of his government, has lead to UNESCO suspending acceptance of President Obiang's sponsorship, after the detention was brought to their attention. UNESCO is due to decide on the prize at its meeting in Paris, France.
AllAfrica reports that armed police raided the premises of Radio Voice of Peace (Codka Nabada Radio) in Boosaaso on Saturday 3 March 2012, around 20h20 local time, confiscating broadcasting equipment.
Two British journalists arrested last month by a Libyan militia group have been accused of spying.
An intergovernmental expert group met in January 2012 to consider the way forward.
This week’s Budget brought good news for the upgrading and construction of court buildings, a Sake24 report notes.
"Prisoners subject to physical and moral violence of an inhuman and degrading nature" finds Togo's national human rights commission.
THE Lukanga Water and Sewerage Company yesterday disconnected water supply to all prisons in Central province to recover more than K200million (US$38000) owed in water bills, placing prisoners lives in jeopardy.
Ralph Kasambara, former Attorney-General and lawyer who has brought many of the most recent important human rights or rule of law cases in Malawi to court, has been detained in prison after defending himself from petrol bombers.
Overworked investigating judges and a lack of lawyers leads to inordinate delays in Bafang, Cameroon.
Forty foreign NGO workers to be charged and 19 banned from leaving the country.
The Minister of Youth and Civic Education in Republic of the Congo, Anatole Collinet Makosso, spent New Year's day with young offenders in Brazzaville prison and delivered civic education materials to the prison.
On 13 December, following International Human Rights Day, the Article 5 Initiative (A5I) was launched at the Breakwater Lodge in Cape Town. The Article 5 Initiative aims to support African institutions to improve domestic compliance with international law obligations, norms and procedures under the United Nations Convention against Torture (UNCAT) and the African Charter on Human and People’s Rights (ACHPR).
On 30 November 2011, CSPRI’s Project Coordinator Lukas Muntingh presented a submission on the prevention and eradication of torture in South African prisons to the Portfolio Committee on Correctional Services (PCCS).
The "Clean hands in prison" campaign is focused on raising awareness on the importance of washing hands, reducing the prevalence and transmission rates of diseases brought about by a lack of hygiene and sanitation in jails.
Up to 32 million Congolese are due to head to the polls on Monday 28 November after a weekend marked by deadly street clashes and allegations of cheating
Human Rights Watch calls on Moroccan authorities to stop harassing those campaigning for a boycott of elections.
Top judge condemns the practice of filing holding charges against accused persons and “trial by public parade of suspects on pages of newspapers and on the television” and blames the practice for congestion in prisons.
On 14 November, CSPRI researcher, Gwénaëlle Dereymaeker, presented the CSPRI submission on the Implementation of the Geneva Conventions Bill B10-2011 before Parliament's Portfolio Committee on Defence and Military Veterans.
Human Rights Watch called on the Guinean government to investigate the role of two high-level officials in the apparent illegal detention and intimidation of members of a prominent Guinean human rights group.
Amnesty International released a report on 1 November 2011 which accuses the Ugandan state of targeting critical journalists, civil society activists and opposition political leaders with "arbitrary arrest, intimidation, threats and politically motivated criminal charges".
Africa's most active volcano, Nyamuragira, in the Democratic Republic of Congo, began erupting on the night of 6 November 2011.
Article 5 Initiative responded to the open call by the UN Committee against Torture to comment on the working document of the General Comment on Article 14 of the UN Convention against Torture.
CSPRI researcher, Gwénaëlle Dereymaeker, attended the 50th Ordinary Session of the African Commission on Human and Peoples' Rights, which took place from 24 October to 7 November 2011 in Banjul, The Gambia.
Prisons are a source of HIV infection, says Festus Mogae.
Tanzania's human rights report was submitted to the UN Human Rights Council in terms of the Universal Periodic Review process on Monday 3 October 2011.
The October 2011 edition of 30 Days/Dae/Izinsuku is now available on our website. "30 Days/Dae/Izinsuku" covers domestic and major international media reporting on prison related issues sourced from press reviews, newspapers and websites.
The September 2011 edition of 30 Days/Dae/Izinsuku is now available on our website. "30 Days/Dae/Izinsuku" covers domestic and major international media reporting on prison related issues sourced from press reviews, newspapers and websites.
On 24 August, CSPRI researcher, Clare Ballard, presented a submission to the Portfolio Committee for Justice and Constitutional Development on the proposed amendments to the ‘use of deadly force’ provisions in the Criminal Procedure Act 51 of 1977.
The Independent Policing Oversight Authority Bill, 2011
The August 2011 edition of 30 Days/Dae/Izinsuku is now available on our website. "30 Days/Dae/Izinsuku" covers domestic and major international media reporting on prison related issues sourced from press reviews, newspapers and websites.
The prosecution of Jean-Bosco Uwinkindi, a former Pentecostal pastor, who allegedly led multiple attacks on ethnic Tutsis, including a massacre at Kayenzi Church in July 1994, has been referred by the International Criminal Tribunal for Rwanda (ICTR) to the Rwanda court system in terms of a UN resolution aimed at empowering national judicial systems to promote the rule of law.
Agence France Press (AFP) reports that three illegal immigrants died in detention, possibly of cholera, after being expelled from an illegal gold mine.
Forty-seven villagers were arrested by police in connection with the death of a village chief who had been implicated in child abduction cases.