Management of Remand Detainees in South Africa - DCS-Home

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List of Acronyms APIS Automated Person Identification System CBO Church Based Organizations CCTV Closed-circuit Television CJS Criminal Justice System CPA Criminal Procedure Act CPF Community Police Forum DCS Department of Correctional Services DHA Department of Home Affairs DOD Department of Defence DoJCD Department of Justice and Constitutional Development DPW Department of Public Works DSD Department of Social Development EMC Executive Management Committee FS & NC Free State and Northern Cape HCC Head of a Correctional Centre HIV/AIDS Human Immunodeficiency Virus /Acquired Immune Deficiency Syndrome ICCPR International Covenant on Civil and Political Rights IJS Integrated Justice System IRI Impact Research International ISSCJ Inter-sectoral Committee for Child Justice JCPS Justice Crime Prevention and Security KZN KwaZulu-Natal LAB Legal Aid Board LASA Legal Aid South Africa LMN Limpopo, Mpumalanga, North West MATD Management of Awaiting Trial Detention NCPS National Crime Prevention Strategy NGOs Nongovernmental organizations NME Not Mentioned Elsewhere NPA National Persecuting Authority NPSP Nizhny Novgorod Project for Justice Assistance RD Remand Detainee RDFs Remand Detention Facilities RSA Republic of South Africa SAPS South African Police Service SCF Secure Care Facilities TAU Technical Assistance Unit of Treasury TB Tuberculosis UDHR Universal Declaration of Human Rights UN United Nations 4
Table of Contents Preamble 10 CHAPTER 1: Introduction and Historical Background 12 1.1 Introduction 12 1.2 Categories of RDs 12 1.3 Role players in the Management of RDs 13 1.4 Challenges faced in South Africa 14 1.4.1 Overcrowding 15 1.4.2 Criminal Justice Systems (CJS) Matters 16 1.4.3 Policy Matters and Legislative Frameworks 19 1.4.4 Services and Programmes 19 1.4.5 Facilities and Security 21 1.4.6 Systems and Tools 21 1.4.7 Foreign Nationals 22 1.4.8 Oversight/Monitoring 22 1.5 Cluster approaches 23 Chapter 2: International Trends 25 2.1 Introduction 25 2.2 International standards: Key principles and rights relating to RDs 25 2.2.1 Guarantee of Personal Liberty 27 2.2.2 Adherence to requirements of International Standards 27 2.2.3 Politically Binding Commitments 28 2.2.4 International Instruments 28 2.2.5 Judicial Supervision 29 2.2.6 Reasonable Suspicion 29 2.2.7 Periodic Judicial Confirmation of the Detention 29 2.2.8 The Right to Legal Counsel 29 2.2.9 The Right to Notify Others 30 2.2.10 The Right to not be tortured 30 2.3 Governance models in the Management of RDs 31 2.3.1 Management by the Ministry or Department of Correctional Services 31 2.3.2 RDs jointly managed by the Investigating Authority and Correctional Department 31 2.3.3 RDs managed by other Departments 31 2.3.4 RDs managed by Local Government 31 2.3.5 Participation at various levels of the Criminal Justice System 31 2.4 National Legislation 32 2.5 Overcrowding 32 2.6 Services to RDs 32 2.7 Alternatives to Remand Detention 33 2.8 Oversight / monitoring and evaluation 33 5
Page 1 and 2: Discussion Document on Management o
Page 3: The National Development Committee
Page 7 and 8: 4.2.1 General inmate population 57
Page 9 and 10: 9.4.3 The safeguards for children i
Page 11 and 12: warrants, bail options, and so on.
Page 13 and 14: The White Paper further articulated
Page 15 and 16: A crime is committed Integration in
Page 17 and 18: Multiple number of co-accused in on
Page 19 and 20: 200000 180000 160000 140000 120000
Page 21 and 22: Limited access for legal consultati
Page 23 and 24: 1.5. Cluster Approaches In order to
Page 25 and 26: CHAPTER 2: International Trends 2.1
Page 27 and 28: 2.2.1. Guarantee of Personal Libert
Page 29 and 30: detention must be made by an author
Page 31 and 32: The human rights violations mention
Page 33 and 34: The above mentioned services will b
Page 35 and 36: Table 2.2 Current International Bes
Page 37 and 38: e prioritised and addressed. Partic
Page 39 and 40: made available for focus to be cast
Page 41 and 42: CHAPTER 3: Legal Framework 3.1. Int
Page 43 and 44: d. to have their trial begin and co
Page 45 and 46: In other words, there should be no
Page 47 and 48: CHAPTER V: UNSENTENCED PRISONERS (s
Page 49 and 50: 3.3.1. The Universal Declaration of
Page 51 and 52: 3.3.3. The African Charter on Human
Page 53 and 54: prisoners; the rights and obligatio
Page 55 and 56:
Comments made by The Honourable Jud
Page 57 and 58:
4.2. Overview of RD Population in D
Page 59 and 60:
60000 50000 40000 30000 20000 10000
Page 61 and 62:
of RDs. The figures on crimes that
Page 63 and 64:
Less than 3 months >3 - 6 Months >6
Page 65 and 66:
The figure below represents the ave
Page 67 and 68:
1200 1000 multiple crimes are not r
Page 69 and 70:
1200 1000 800 600 400 200 0 April 2
Page 71 and 72:
Nationality April 2009 June 2009 Se
Page 73 and 74:
The number of Admissions and releas
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There are 11 privately managed SCFs
Page 77 and 78:
SCFs in Eastern Cape and Northern P
Page 79 and 80:
DCS admits approximately 20 and 26
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etween the Provinces including dire
Page 83 and 84:
esponsibility for both RDs within i
Page 85 and 86:
children RDs are detained without a
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include health care, education, art
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arrested, regardless of citizenship
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o The use of mainstream curriculum
Page 93 and 94:
6.1. Introduction This chapter prov
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25000 20000 15000 10000 5000 0 6000
Page 97 and 98:
The top ten facilities with the hig
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Umtata Med (580) Boksburg (2012) Mo
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There are 11 private secure facilit
Page 103 and 104:
medical officer to ascertain age an
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The security responsibilities in DC
Page 107 and 108:
information is not provided to the
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The current identification process
Page 111 and 112:
unning in Gauteng when the situatio
Page 113 and 114:
The facilities that fall under phas
Page 115 and 116:
For the Department of Justice and C
Page 117 and 118:
CHAPTER 8: Monitoring/Oversight 8.1
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The Commissioner must include in th
Page 121 and 122:
longer justifiable for any person t
Page 123 and 124:
Inadequate systems for monitoring i
Page 125 and 126:
9.4 Challenges and Recommendations
Page 127 and 128:
emand detainees who cease to be so
Page 129 and 130:
Limited information obtained from D
Page 131 and 132:
o Lack of guidance through policy w
Page 133 and 134:
o Provisions for illiterate RDs who
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Children RDs should be detained in
Page 137 and 138:
A strategy for determination of hig
Page 139 and 140:
A system of providing feedback to t
Page 141 and 142:
9.9 Issues and Recommendations on O
Page 143 and 144:
CONTRABANDS CONFISCATED IN PRETORIA
Page 145 and 146:
145
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