PRESENTATION TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL

SERVICES

Parliament of the Republic of South Africa

19 June 2013

South African Human Rights Commission

Contents

1. SAHRC – Overview, mandate and functions

2. SAHRC approach to the promotion and protection of

prisoners rights

3. Inter-relationship between SAHRC and JICS

4. SAHRC Complaints handling and prisoner complaints

5. Conclusion

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SAHRC – Overview, mandate & functions

• Section 184 of the Constitution• Human Rights Commission Act 94/1995

– Promotion– Protection– Monitor

• Head Office, 9 regional offices• Legal Services Programme, Research Programme,

Human Rights Advocacy Programme

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SAHRC approach to the promotion and protection of prisoners rights

• Approach adopted - broad strategic and framework level in relation to persons deprived of their liberty

• In particular, compliance with international obligations in relation to torture and its prevention– International reporting obligations– Torture Bill– Ratification of OPCAT

• Carried out with the assistance of the Section 5 Torture Committee

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SAHRC work in relation to international compliance with obligations & prisoners

• International Reporting Obligations– SAHRC Annual Report

– International Report

– Media engagements

• UPR SOUTH AFRICA HAS ACCEPTED RECOMMENDATIONS IRT OPCAT– SAHRC NHRI Submission

– Intervention at Human Rights Council Session

– Involvement in follow up to UPR

• Mc Callum Matter– SAHRC brought this to the attention of Parliament and relevant Ministers

– Torture Public Hearing November 2-11

• Torture legislation– SAHRC participated in parliamentary process

• OPCAT, advocacy and training at the domestic and regional level– Advocacy e.g. Commemorative Seminar on the 10th Anniversary of the Robben Island Guidelines,

Johannesburg, 21-23 August 2012

– Training, APT/ Regional NHRIS/ NANHRI Training, 2013

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South Africa has publicly committed to ratifying OPCAT

Example“Our efforts in the fight against torture are not limited to the enactment of the Torture Bill. In May this year a decision was taken to ratify the Optional Protocol to the Convention against Torture (OPCAT). A number of consultative meetings have been held to consider the proposed ratification and to acquire inputs from all relevant stakeholders. The Department will submit the relevant documents to Cabinet later this year.”• Opening Remarks by Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, MP, at the Robben Island Guidelines Commemorative Seminar, Tuesday 21 August 2012, Parktown, South Africa

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Inter-relationship between SAHRC and JICS

• The SAHRC has a constitutional mandate to receive, investigate and

redress violations of section 35 rights

• Refer matters to more appropriate body i.e. JICSArticle 12 (8) (a) of SAHRC procedures provides:“If the provincial manager makes a finding that the complaint does not fall within the jurisdiction of the

Commission, or could be dealt with more effectively or expeditiously by another organisation, institution, statutory body, or institution created by the Constitution, or any applicable legislation, the complaint must .... be referred to such appropriate organisation, institution or body ...’.

• Depending on the nature of the matter, the SAHRC in some instances monitors

matters that are referred to JICS

• JICS is mandated in terms of the Correctional Services Act 11/1998 to

85 (2) The object of the Judicial Inspectorate for Correctional Services is to facilitate the inspection of correctional centres in order that the Inspecting Judge may report on the treatment of inmates in correctional centres and on conditions in correctional centres.

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SAHRC section 35 (prisoner) complaints statistics

• The SAHRC received a total of 4 241 complaints during the

2012/13 financial year

• Of these 4 241 complaints, 518 were captured and recorded as

section 35 complaints.

• Section 35, “arrested, detained and accused persons” rights

comprise approximately 13% of the total number of complaints

received.

• The overwhelming majority of these complaints are referred to

JICS

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Individual prisoner complaints – General Approach

• Individual complaints are referred to the specialised body i.e. Judicial Inspectorate for Correctional Services (JICS)– Is a legislatively created independent body with

overlapping mandate with SAHRC– JICS is established and has created systems to

specifically address – Insufficient internal capacity– Would constitute duplication of resources

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Analysis of SAHRC prisoner statistics per province

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Province No. of Complaints Percentage

Eastern Cape 57 10%

Free State 115 22%

Gauteng 180 35%

KwaZulu-Natal 35 7%

Limpopo 30 6%

Mpumalanga 11 2%

Northern Cape 15 3%

North West 17 3%

Western Cape 58 11%

TOTAL 518 100%

SAHRC statistics – section 35 complaints

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Analysis of SAHRC section 35 statistics

• A review of the breakdown of complaints received under s. 35 indicates

that

– the highest number of s. 35 complaints, the Gauteng (35% )

– Free State (22%)

– Western Cape (11%) & Eastern Cape (10%)

• By 31 March 2013

– 85% of section 35 complaints were finalised by 31 March 2013

– 10% were still being investigated

– 5% were at the assessment stage.

• One of the unresolved cases is the subject of litigation (Lindela matter).

• 12 of the complaints were resolved through mediation and conciliation.

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SAHRC- prisoner rights’ investigations

Groenpunt Maximum Security Correctional Services Centre

• On 9/1/2013, the SAHRC addressed a letter addressed to the Head of the

Groenpunt Centre and Regional Commissioner of the DCS seeking a written

explanation for the riots.

• A response was received providing comprehensive information .

• On 10/1/2013 the SAHRC conducted an investigation/inspection in loco at the

Groenpunt Centre in Deneysville, Free State Province.

• Based on the information received and investigation conducted, the SAHRC arrived

at a preliminary assessment that there had been a violation of section 35 rights.

• Draft findings and recommendation have been prepared and are awaiting final

approval and issue by the Commission. 13

SAHRC & other places of detention

Lindela Repatriation Centre

• This was a matter brought by the SAHRC against the Minister of Home

Affairs and Others and relates to the detention of asylum seekers at the

Lindela Repatriation Centre beyond the legislatively prescribed timeframes.

• Pleadings have been exchanged between the parties, and the matter has

been set down for hearing in late August 2013 before the South Gauteng

High Court.

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ConclusionRecommendations & Way forward

• The SAHRC recommends and requests the Portfolio Committee to assist

the SAHRC through exercising its oversight powers in relation to the

following matters:– Ensuring the ratification of OPCAT and the establishment of a NPM

– Continue addressing matters of torture in prisons and, in particular, ensure that the Mc

Callum matter is responded to.

– Ensure that South Africa complies with its international reporting obligations and that

outstanding CAT reports are submitted

• In terms of a way forward, the SAHRC would welcome further

engagement with the Committee in order to ensure that our common

agendas in relation to the promotion and protection of prisoners rights is

achieved.

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Thank You

South African Human Rights CommissionTransforming Society. Securing Rights. Restoring Dignity.