Management of Remand Detainees in South Africa - DCS-Home

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Table 2.1. International Standards regarding RDs across 18 different countries 26
2.2.1. Guarantee of Personal Liberty The guarantee of personal liberty forms the basis of the protection of human rights. The violation of a person’s right to personal liberty must always be impartially and independently justified. If circumstances are such that this justification is rendered inconsistent and invalid, then the deprivation of personal liberty is an encroachment on the rights of the person and must be terminated immediately. This also applies to RDs, given that they are presumed to be innocent until proven guilty in court. In theory, most countries adhere to this key principle. However, under Chinese law, a seven and a half month period of investigatory detention is allowed. During this time the suspect is held in custody but is not charged with a crime. 2.2.2. Adherence to requirements of International Standards Adherence to the requirements of International Standards is imperative to all levels of the criminal justice process. The issue of pre-trial detention has been significantly documented and standards set by the UN Human Rights Committee and the European Court of Human Rights. Most countries reviewed adhere to international standards in theory but in practice it is not always followed through. There are several international instruments. However, for this discussion document, the content that has been found to have significant relevance to South Africa as a signatory to the United Nations comes from the UN Standard Minimum Rules for the Treatment of Prisoners. The principles that apply to prisoners under arrest or awaiting trail are reflected below: “1. (a) Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either in police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to as "untried prisoners,' hereinafter in these rules. (b) Unconvicted prisoners are presumed to be innocent and shall be treated as such. (c) Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be observed in respect of untried prisoners, these prisoners shall benefit by a special regime which is described in the following rules in its essential requirements only. 2. (a) Untried prisoners shall be kept separate from convicted prisoners. (b) Young untried prisoners shall be kept separate from adults and shall in principle be detained in separate institutions. 3. Untried prisoners shall sleep singly in separate rooms, with the reservation of different local custom in respect of the climate. 4. Within the limits compatible with the good order of the institution, untried prisoners may, if they so desire, have their food procured at their own expense from the outside, either 27 Formatted: Width: 21 cm, Height: 29.7 cm
Page 1 and 2: Discussion Document on Management o
Page 3 and 4: The National Development Committee
Page 5 and 6: Table of Contents Preamble 10 CHAPT
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: CHAPTER 2: International Trends 2.1
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
Page 75 and 76: 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
Page 81 and 82:
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
Page 87 and 88:
include health care, education, art
Page 89 and 90:
arrested, regardless of citizenship
Page 91 and 92:
o The use of mainstream curriculum
Page 93 and 94:
6.1. Introduction This chapter prov
Page 95 and 96:
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
Page 101 and 102:
There are 11 private secure facilit
Page 103 and 104:
medical officer to ascertain age an
Page 105 and 106:
The security responsibilities in DC
Page 107 and 108:
information is not provided to the
Page 109 and 110:
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
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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
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o Lack of guidance through policy w
Page 133 and 134:
o Provisions for illiterate RDs who
Page 135 and 136:
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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