This study addresses the following questions: (1) What is the human rights situation in prisons in Africa? What challenges do African prisons face in general? (2) Is there a legal framework in place for the protection of prisoners’ rights in Africa and how does it relate to other human rights instruments? What is the mandate of the Commission in relation to the prisoners’ rights? (3) What has the Commission done and achieved under its promotional and protection mandates in respect of prisoners’ rights? Have the various mechanisms been fully utilised in relation to prisoners’ rights? How has the Commission been able to optimise its relationship with the states, civil society and national human rights institutions to fully protect these rights? (4) If the conclusion is reached that the Commission has not effectively addressed issues of prisoners’ rights, how would it do so more effectively? / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Lukas Muntingh and Jamil Mujuzi of the Community Law Centre, Faculty of law, University of the Western Cape, South Africa / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

A dissertation submitted in fulfilment of the requirements for the degree: Masters of Laws LLM by Dissertation (Research) LAWS8002 Faculty of Commerce, Law and Management - School of Law University of Witwatersrand, 2017 / Inmates’ rights are of utmost importance in shaping a democratic society based on human dignity, equality and freedom. The State cannot unjustifiably infringe on inmates’ rights and continue to play an active role in exacerbating correctional centre conditions. This study is of significance in confronting the reality of the plight of inmates’ rights violations in a country that is plagued with crime and scepticism towards acknowledging inmates’ rights. The dissertation offers a critical analysis of the impact of South Africa’s correctional centre conditions on inmates’ human rights in a constitutional democracy. The study unlocks three key correctional centre conditions that impact on inmates’ rights. These three correctional centre conditions have been identified as overcrowding, gangsterism and sexual violence, and access to healthcare facilities. In delving deeper into each of the aforementioned correctional centre conditions, international, regional and statutory instruments were examined. Thus, the dissertation also considered the extent of South Africa’s compliance with its international human rights and constitutional obligations to protect and enforce inmates’ rights. The study has investigated the State’s accountability in relation to South Africa’s infringement on inmates’ rights. This endeavour was realised by tracing trends and statistics from State reports. An enquiry into ground-breaking case law addressing the impact of correctional centre conditions on inmates’ rights demonstrated the need for, inter alia, Constitutional Court litigation as a form of recourse for inmates and emphasised the State’s responsibility to prohibit the cruel, inhuman and degrading punishment of inmates. The dissertation has observed that over a period of 20 years of democracy, South Africa’s correctional centre conditions have severely impacted on inmates’ rights directly and indirectly. It concludes that firstly, the primary problem of overcrowding is a global phenomenon and that there is no single solution to fully eradicate its spiralling consequences. Overcrowding infringes on inmates’ foundational rights - rights to accommodation, fair trial, food and privacy. Secondly, the impact of gangsterism and sexual violence in South African correctional centres has severely infringed on inmates’ rights and case law evidences that this correctional centre condition has been 6 ruled as cruel, inhuman and degrading punishment by the United Nations Human Rights Committee. This study observes that the incidence of rape in correctional centres is a common practice and there is a greater risk of transmission of communicable diseases. In the treatment of these communicable diseases, an inmate is dependent on State healthcare facilities. Thirdly, the dissertation concludes that there have been specific instances where there was limited or no access to healthcare facilities which infringed on an inmates’ right to healthcare and life. In this regard, the Constitutional Court has held the State accountable for the infringement of an inmate’s right to access healthcare facilities. Therefore, this dissertation clearly illustrates that South Africa does not comply with its international, regional and domestic obligations. Practical recommendations for reform of South Africa’s correctional centre conditions are then offered so as to prevent the infringement of inmates’ human rights. / XL2018

This study critically analyses the protection and enforcement of inmates’ socio-economic rights in South Africa. For the purpose of this study inmates’ socio-economic rights include the right to adequate medical treatment, accommodation, nutrition and education. This analysis is informed by the fact that South African courts are struggling to interpret and enforce inmates’ socio-economic rights as required by the Constitution and international norms and standards. The objective of this study, therefore, is whether South Africa protects and enforces these rights as required by the Constitution and international norms and standards. In an attempt to resolve the problem, the methodology of this study relies on a legal methodology which focuses on a review of law books, journal articles, the constitutions, statutes, regulations and case law. The study concludes that South Africa protects and enforces these rights as required by the Constitution and complies with international norms and standards. However, the enforcement of these rights has to pay attention to the constitutional imperatives of interpreting the Bill of Rights. When interpreting inmates’ right to adequate medical treatment, it is imperative for the courts to unpack its content. The courts need to also promote the value of human dignity when determining whether overcrowding violates their right to adequate accommodation. The determination of whether their right to adequate nutrition has been violated should focus on whether inmates’ claim to cultural food is based on a sincere belief which could be objectively supported. Further, the Regulations should extend the right to cultural or religious food to all inmates. Lastly, it is the duty of the courts and the institutions of higher learning to ensure that inmates have access to the internet for study purpose. / Public, Constitutional, & International Law / LL.D.

This study critically analyses the protection and enforcement of inmates’ socio-economic rights in South Africa. For the purpose of this study inmates’ socio-economic rights include the right to adequate medical treatment, accommodation, nutrition and education. This analysis is informed by the fact that South African courts are struggling to interpret and enforce inmates’ socio-economic rights as required by the Constitution and international norms and standards. The objective of this study, therefore, is whether South Africa protects and enforces these rights as required by the Constitution and international norms and standards. In an attempt to resolve the problem, the methodology of this study relies on a legal methodology which focuses on a review of law books, journal articles, the constitutions, statutes, regulations and case law. The study concludes that South Africa protects and enforces these rights as required by the Constitution and complies with international norms and standards. However, the enforcement of these rights has to pay attention to the constitutional imperatives of interpreting the Bill of Rights. When interpreting inmates’ right to adequate medical treatment, it is imperative for the courts to unpack its content. The courts need to also promote the value of human dignity when determining whether overcrowding violates their right to adequate accommodation. The determination of whether their right to adequate nutrition has been violated should focus on whether inmates’ claim to cultural food is based on a sincere belief which could be objectively supported. Further, the Regulations should extend the right to cultural or religious food to all inmates. Lastly, it is the duty of the courts and the institutions of higher learning to ensure that inmates have access to the internet for study purpose. / Public, Constitutional, and International Law / LL. D.

The situation of prisons in Africa has been of concern to practitioners in the criminal justice system, researchers, policy makers, the government and even international organizations. Likewise, is the challenge of not having adequate information about prison system in Africa. In addition, most African countries are signatories to international treaties and convention regarding the treatment of prisoners, to what extent are prisons in Africa complying with the provisions and recommendation of such treaties and conventions. This study was therefore designed to explore the prison system in Africa countries. As part of its objectives the study explored the prison condition in countries in Africa as exemplified by the physical structure of the prison buildings; living conditions with regards to overcrowding, medical care, separation of categories, food, sanitation, beds and beddings, administration and independent monitoring. Furthermore, the treatment and prison conditions of pre- trial detainees were also considered. Similarly, this thesis evaluated the treatment and prison conditions of prisoners with special needs. This category of prisoners include prisoners with mental health care needs, prisoners with disabilities, foreign national prisoners, older prisoners, prisoners on the death row and prisoners living with HIV/AIDS. The conditions and treatment of women prisoners, pregnant women prisoners, and babies living with their mothers in prison were also discussed. The Nelson Mandela Rules, Kampala and Luanda declarations were employed as a bench mark to ascertain whether the treatment and conditions in prisons in Africa meet up to international standards. The study adopted a qualitative approach of inquiry using literature search as mode of inquiry. Data for the study was obtained from books, reports from international organisations such as United Nations, United Nations Office on Drugs and Crime, Penal Reform International, Amnesty International, international conventions and treaties among others, journals (Local, Africa and International), reports from selected countries, government legislations, policies, Acts, previous studies on prison system, web based information and national data. The review of literature with regards to physical structure revealed that most prisons in African countries do not meet international standards pertaining to the issue of physical structure as most prison building are dilapidated and in bad conditions. The study further revealed that the prisons and treatment of prisoners in African prison do not meet international standards. In specific terms, most of the prisons in countries in Africa are overcrowded; most prisons are also characterized by inadequate medical care with lack of facilities, medical personnel and medications. To a large extent most prisons do not meet international standards with reference to separation of categories as most prisons in countries in Africa lock up awaiting trial persons with convicted persons, minor offenders with adult but in most cases women are separated from men. The food situation in most prisons in countries in Africa did not meet international standards in quantity and nutritional value. The finding of the study indicated that the sanitary conditions in most prisons in countries in Africa is in very poor condition which could lead to an outbreak of diseases, this too did not meet international standards. Most prisons in countries in Africa are typified by lack of beds and beddings, prisoners in some prisons sleep on bare floors while some sleep standing while others sleep in shifts. This condition does not meet international standards. With regards to administration it was equally revealed that the record keeping of most prisons in countries in Africa is inadequate, most prisons do not have an ombudsman where prisoners could lodge their complaints while corruption seem to also be rife. This do not meet international standards as well. However, on a good note, most prisons in countries in Africa do permit independent observers such as NGOs, human rights organisations and international organization to have access to the prisons Furthermore, literature search disclosed that the population of awaiting trial person in prisons in Africa is very high when compared to the total prison population and that some countries in Africa are among countries in the world with highest number of pre - trial detainees. The treatment and living conditions of pre - trial detainees in most prisons in African countries do not meet international standards as they are locked in overcrowded cells, often locked up with convicted persons, no legal representation and having to stay longer that the stipulates without being charged to court. The thesis also conducted literature search on prisoners with special needs and the study point out that in each of the categories, prisons in countries in African countries do not meet international standards. For instance, there are no provisions to meet the mental health care needs of prisoners as there are no mental health practitioners, no facilities and no screening is conducted in most prisons. Similarly, there are no facilities to assist prisoners living with physical disabilities as well as older prisoners. The situation with foreign national prisoners are not different as there are no translation of prison materials that could make them adjust well to prison life, in some cases their consular are not contacted that they are in prison. With regards to prisoners on the death row, their conditions did not meet international standards as they are locked up in solitary confinement for most part of the day and their cells are often dirty with inadequate food and medical care. Some of this category of prisoners have been on the death row for as long as twenty years. For prisoners living with HIV/AIDS their treatment and condition does not met international standards as there are not treatment of any kind neither is there any form of screening conducted for inmates. For women prisoners, the treatment and conditions do not meet international standards as most prisons were not designed with women in mind. The living condition is unsanitary, unhygienic exemplified with inadequate toilet and bathroom facilities as well as no supply of peculiar needs of women such as sanitary towels. Review of literature equally indicates that there is no special treatment given to pregnant women prisoners. For children living with their mothers in prison, their treatment does not meet international standards as there is no special provision made for them, they share food with their mothers, some are locked up with their mothers for hours in overcrowded cells. Based on the finding of this study, some recommendations were made. These include the need to conduct more studies on prisons in countries in Africa, the need to consider reviewing the indigenous methods of treatment of offenders before the advent of colonial masters, need for a synergy amongst all practitioners in the criminal justice. Other recommendations are that there should be more advocacy on the prison conditions, need to establish a special trust fund, involve the private sector as well as professional bodies and to professionalize corrections management / Corrections Management / Ph. D. (Criminal Justice System)

The South African Constitution, with its Bill of Rights, represents a decisive break with the past and a great advance by South Africans in reclaiming their human dignity and fundamental freedoms. Before 1993 punishment of crime was defined by the social order which had been designed under the apartheid government; prisoners were generally subjected to cruel and degrading treatment while criminal suspects could be detained indefinitely and without trial. The penal system was to some extent directed at controlling and regulating the conduct of Blacks. The constitutional dispensation has resulted in a re-look at our penal policy and has placed great emphasis on the rights of prisoners. These rights flow from the rights to equality, dignity and liberty. The Constitution has entrenched certain rights of criminal suspects, including the right to a fair trial. Legislation has been introduced to ensure compliance with the constitutional imperatives. The new dispensation has given rise to debate on many issues, and facilitated a rise of a victims’ movement seeking to promote victim interests. This movement has noted that offenders and alleged offenders enjoy a series of constitutional rights, and that corresponding rights for crime victims need to be introduced. Victims are unlikely to be accorded rights in the literal sense of the word; nevertheless, they need to be accommodated within the criminal justice system. This need has given birth to a charter for crime victims, a document that seeks to empower crime victims. The perception remains, however, that offenders and crime suspects still enjoy too much protection, to the detriment of victim interests. The development of victim rights is hampered by the adversarial nature of the country’s criminal justice system and the perception that victims have no role to play within the criminal process, other than as witnesses. The purpose of the thesis is to analyse the extent to which our Bill of Rights strikes a balance between the interests of alleged offenders and offenders on the one hand, and crime victims on the other. It also seeks to create awareness about the plight of crime victims and to make suggestions on possible solutions. / Criminal & Procedural Law / LLD (Criminal & Procedural Law)

The South African Constitution, with its Bill of Rights, represents a decisive break with the past and a great advance by South Africans in reclaiming their human dignity and fundamental freedoms. Before 1993 punishment of crime was defined by the social order which had been designed under the apartheid government; prisoners were generally subjected to cruel and degrading treatment while criminal suspects could be detained indefinitely and without trial. The penal system was to some extent directed at controlling and regulating the conduct of Blacks. The constitutional dispensation has resulted in a re-look at our penal policy and has placed great emphasis on the rights of prisoners. These rights flow from the rights to equality, dignity and liberty. The Constitution has entrenched certain rights of criminal suspects, including the right to a fair trial. Legislation has been introduced to ensure compliance with the constitutional imperatives. The new dispensation has given rise to debate on many issues, and facilitated a rise of a victims’ movement seeking to promote victim interests. This movement has noted that offenders and alleged offenders enjoy a series of constitutional rights, and that corresponding rights for crime victims need to be introduced. Victims are unlikely to be accorded rights in the literal sense of the word; nevertheless, they need to be accommodated within the criminal justice system. This need has given birth to a charter for crime victims, a document that seeks to empower crime victims. The perception remains, however, that offenders and crime suspects still enjoy too much protection, to the detriment of victim interests. The development of victim rights is hampered by the adversarial nature of the country’s criminal justice system and the perception that victims have no role to play within the criminal process, other than as witnesses. The purpose of the thesis is to analyse the extent to which our Bill of Rights strikes a balance between the interests of alleged offenders and offenders on the one hand, and crime victims on the other. It also seeks to create awareness about the plight of crime victims and to make suggestions on possible solutions. / Criminal and Procedural Law / LLD (Criminal & Procedural Law)

Every human being deserves to have their rights respected all the times. Not only does the correctional system have the responsibility to rehabilitate offenders before they are released to the community but also to respect their rights throughout the rehabilitation process.. In this research the extent in which human rights affect the process of rehabilitation was outlined. This was achieved by analyzing the provisions of major human rights instruments, both internationally and nationally as well as standards required for the treatment of offenders. In addition various rehabilitation programmes were also discussed. The findings of the research indicated that South Africa has achieved a lot when it comes to the recognition of human rights. From the research it was discovered that indeed offenders' rights have an impact on the rehabilitation process. Based on these and other findings recommendations were made. / Criminal Justice / M. Tech. (Correctional Services Managemnent)

Every human being deserves to have their rights respected all the times. Not only does the correctional system have the responsibility to rehabilitate offenders before they are released to the community but also to respect their rights throughout the rehabilitation process.. In this research the extent in which human rights affect the process of rehabilitation was outlined. This was achieved by analyzing the provisions of major human rights instruments, both internationally and nationally as well as standards required for the treatment of offenders. In addition various rehabilitation programmes were also discussed. The findings of the research indicated that South Africa has achieved a lot when it comes to the recognition of human rights. From the research it was discovered that indeed offenders' rights have an impact on the rehabilitation process. Based on these and other findings recommendations were made. / Criminal Justice / M. Tech. (Correctional Services Managemnent)