Children in Prison in South Africa - Community Law Centre

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• ContentsINTRODUCTION 1ACKNOWLEDGEMENTS 6PRISONS VISITED 71. DEFINITION OF CHILDREN AND JUVENILES IN SOUTH AFRICAN PRISONS 11The age question • Determining correct age • Separating adults from childrenChildren in women's prisons • Dedicated facilities for juveniles • Records2. CONDITIONS IN THE PRISONS 16Cell accommodation • Other ways of segregating prisoners • Separation by offencesSeparation of sentenced and unsentenced children • Cell conditionsBeds and bedding • Ablution areas3. HOW THE CHILDREN ARE CARED FOR 23Clothing • Diet and meals • Medical treatment • Recreation4. CONTACT WITH FAMILIES 325. EDUCATION AND TRAINING 35Schooling provision • Obstacles to delivering educational programmes • Reluctance to attend schoolUnsentenced Children • Technical training opportunities • External assistance6. REHABILITATION PROGRAMMES 41Where programmes are in place • What the children sayHelp from outside the prisons • Release policy and pre-release programmesSocial work and Rehabilitation: Checklist against International Standards7. VIOLENCE IN PRISONS 47Gangs • Assault • Rape and forced sodomy • Consensual sodomyFighting • Assaults by warders • Violence in women's prisons • Drugs8. PEOPLE WHO WORK IN PRISONS 54Prison officials • The shift system • Staff training • Social workersWhat the children say • Assistance with contacting familiesMedical staff • Relationship between children and staffDiscipline • Staff conditions of service9. CHILDREN IN THE CRIMINAL JUSTICE SYSTEM 64Legal representation and best interests of the child • The rural areas • The urban areasChildren's.experiences before sentencing • Children with prior convictions • BailPostponements and finalisation of cases • Sentences • Where there were co-accusedChildren in limbo • Very young children10. RECOMMENDATIONS 76Separation of children from adults and older youth • Conditions in the prisonHow the children are cared for • Recreation • Contact with Families • Violence in prisonsPeople who work in prisons • Rehabilitation • Education and trainingChildren and the criminal justice system • Legal aid • Awaiting trial • Trial • SentencingBIBLIOGRAPHY 78
Introduction"Every child has the right... not to be detainedexcept as a measure of last resort, in which case, inaddition to the rights a child enjoys under sections12 and 35, the child may be,detained only for theshortest appropriate period of time, and has a rightto be ... treated in a manner, and kept in conditions,that take account of the child's age." \(SA CONSTITUTION, SECTION 28)"Children in Prison in South Africa" attempts to shedlight on the often desperate situation of children inprisons in this country. In order to conduct the study,researchers visited prisons all over the country andprepared reports on the conditions they found.Certain key human rights principles and documentsprovided the framework for the report and are listedin order of relative status. They are: the Bill of Rights(Chapter 2) of the South African Constitution (1996),particularly section 28 which describes the rights ofthe child and section 35 which describes the rights ofarrested, detained and convicted persons; the UNConvention on the Rights of the Child (1989) whichwas ratified by South Africa and is also binding; andthe United Nations Rules for the Protection ofJuveniles Deprived of their Liberty (1990) whichprovides guidelines but is not binding.The information was compiled mainly through interviewswith the children. Thus,'although some of theinformation relies on individual accounts, its value isthat it presents, through the eyes of the children, theoften shocking conditions in which they are kept.The balance of the information is derived fromobservation by the researchers and interviews withstaff. Statistics were provided by the Department ofCorrectional Services.In the majority of institutions visited, the children•were bored, listless and demotivated. Often they wereterrified, although they proved extremely reluctant totalk about the violence they experience in prison,1 The Constitution of the Republic of South Africa (Act 108 of 1996).
Page 4 and 5: almost certainly because they tear
Page 6 and 7: Figure 2 gives a breakdown of child
Page 8 and 9: THANKS ARE DUE TO:The children and
Page 10: .Ekuseni Youth CentreThe Ekuseni Yo
Page 13 and 14: 1• Definition of Children andJuve
Page 15 and 16: age of 18 with their own age groups
Page 17 and 18: Dedicated facilities for JuvenilesT
Page 19 and 20: At the Pollsmoor Admission Centre,
Page 21 and 22: Separation of sentenced and unsente
Page 23: Beds and bedding"Every juvenile sho
Page 26: At Pietersburg, the researcher was
Page 29 and 30: are virtually unoccupied for long p
Page 31 and 32: At Rustenburg, a qualified, nurse i
Page 33 and 34: At Pretoria Central, a new prison,
Page 35 and 36: offers them a 'good opportunity of
Page 37: The South African Constitution ensh
Page 40 and 41: Leeuwkop were extremely demotivated
Page 42 and 43: trial- are the responsibility of th
Page 44: Where programmes are jn placeIn som
Page 47: At Westville Youth Centre, there is
Page 50 and 51: VIOLENCE IN PRISONS
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AssaultAs part of their mission sta
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of 24, sometimes without even a tel
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"Personnel should be qualified and
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the night at 3pm. In some instituti
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the ages of 15 and 17. In an emerge
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Generally, serious problems are ref
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Alternatively, if a charge is to be
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One of the consistent patterns that
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Often children say that they are, n
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the names of their lawyers. Three o
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Bail"Every child has the right not
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Postponements and finalisation of c
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Figure 7 shows the length of senten
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How the Children are Cared For8. An
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Trial40. Parents or guardians shoul
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Children in Prison in South Africa - Community Law Centre

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