Concern over rise in prison torture

File photo: Timothy A. Clary

File photo: Timothy A. Clary

Published Oct 15, 2014

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Cape Town - The Department of Correctional Services has come under fire in Parliament for the increase in torture cases when there is a new law banning the torture of prisoners.

Non-governmental organisations (NGOs) told MPs on Tuesday that they were extremely concerned about the continued assault and, in particular, torture of inmates by prison officials.

Figures presented before Parliament, from the Judicial Inspectorate of Prisons, showed that incidents of assault and torture have increased from 71 cases last year to 109 this year.

The NGOs said this flies in the face of the Prevention of Combating and Torture of Persons Bill, which was signed into law in July last year.

There was also an increase in the use of force by prison officials against inmates from just three cases in 2010 to 191 in 2014.

The Department of Correctional Services, the Judicial Inspectorate of Prisons and NGOs in the prison sector were appearing before the portfolio committee on justice and correctional services on the treatment of prisoners.

Researcher at the Wits Justice Project Robyn Leslie said South Africa has criminalised torture since last year, but the incidents of torture were going up.

She called for more investigations by the department on cases of torture against prisoners.

If there was an assault of a prisoner by officials investigations should be conducted within 48 hours when the wounds are still fresh, she said.

The National Institute for Crime Prevention and Reintegration of Offenders (Nicro) said officials must be held accountable for the torturing of prisoners.

“There are criminal issues when it comes to human rights violations and torture,” said Advocacy and Lobbying Manager at Nicro, Vanessa Padayachee. She said the assault of prisoners by officials has increased in the last three years. She called for the Judicial Inspectorate of Prisons to be given more powers like the Independent Police Investigative Directorate.

Acting National Commissioner of prisons Zach Modise told MPs they will provide a comprehensive response to all the issues raised by the NGOs in Wednesday’s meeting with the committee.

This will include their report on the violence at the Mangaung prison last year in October that left several inmates and prison guards injured.

Vinesh Saga, of the office of the Inspecting Judge, Vuka Tshabalala, said work was being done to expose assault and torture cases in the country’s jails.

“If you look at progress from 2000 as to how we became inquisitorial that will give you a sense of what is happening in prison,” he told the committee.

“The role we play as a reporting body, without the powers, is one aspect. It is our role that what we put out is carried out by the department,” said Saga.

“The reciprocal question is how effective is Parliament in enforcing the issues we raise to the department,” he said.

Political Bureau

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