Pre-trial detention conditions in South Africa do not meet international guarantees, a United Nations working group reported on Monday.
”Harsh” prison sentences, police brutality and the unjust treatment of asylum seekers were also raised as issues of concern following a two-week study by the Working Group on Arbitrary Detention.
”The lack of adequate [pre-trial detention] facilities are so blatant that they fall short of international guarantees,” working-group chairperson Leila Zerrougui told reporters in Pretoria.
The group found that awaiting-trial prisoners are often treated more harshly than sentenced ones. Detention conditions impede on their right to a fair defence.
Of specific concern is detention of accused persons at police stations for months on end.
”Quite apart from the inappropriate conditions for long periods of detention, holding people in police cells beyond the legal limits for detention [48 hours] is incompatible with the notion of a fair trial,” a statement said.
Accused persons in police custody are vulnerable to being pressured into confessing or renouncing rights.
Despite overcrowding in pre-trial detention facilities, the group noted that bail is ”seldom granted, even for minor offences”, or exceeds what the suspect can afford.
The working group expressed concern about juveniles being made to await trial in police cells or maximum-security prisons.
It also raised the issue of judges and magistrates not being legally obliged to take pre-trial detention periods into account in sentencing.
”This practice is not in conformity with international law.”
The group said South Africa has the highest rate of incarceration in Africa, and fifth or sixth in the world.
”Harsh and long sentences” imposed by South African courts are exacerbated by minimum sentencing requirements.
”One thing must be made clear: there is no arbitrary detention in South Africa per se,” said group member Manuela Castrillo. ”Nevertheless, we think we have discovered a situation whereby pre-trial detention and police custody conditions are such that there might be risks of actual arbitrary detention … on a case-by-case basis.”
Negative perception
The working group, which falls under the UN Commission on Human Rights, reported a negative perception of police activities.
It raised concerns about the ”high” number of deaths in police custody and about police ”arresting legally established foreigners, throwing out their residence papers and putting them in custody or even handing them to immigration authorities for forced deportation”.
Having visited the Lindela repatriation centre, the group found that many foreigners are unjustly deprived of their liberty.
Some with legal residence papers and others claiming the right to asylum have alleged they were not given the right to contest the validity of their detention.
This practice cannot be justified, the group said.
On the positive side, the group said it received full cooperation from the government. There is a strong awareness all round, including among prisoners, of the rights guaranteed under South Africa’s Constitution.
The group was impressed by efforts of the government and civil society to change the legal framework as well as mentalities on human rights issues.
”The working group would like to stress the acknowledgement of the problems from the government and its goodwill effort to meet the great challenges lying ahead and addressing human rights issues.”
Much of what is happening in the country in terms of detention can be used as an example for other countries, Zerrougui said.
”There is very good practice which would match with anywhere in the world,” she added.
The working group will finalise a report with recommendations by the end of the year. It will be presented to the Commission on Human Rights in Geneva next year.
The group was in South Africa on an official mission at the invitation of the government — its first on the African continent.
Its tour included visits to a variety of prisons, police stations and other detention centres, as well as meetings with government officials, the judiciary, oversight bodies, the prosecuting authority and NGOs. — Sapa