Report on the evaluation of the Independent prison Visitors System by Ms Jacqui Gallinetti, CLC UWC

Scope of research:Evaluation of the IPV system Goals: An evaluation of the functions, interaction and effectiveness of the IPV system in order to determine whether the system is functioning in accordance with its purpose and mandate. Context: the powers, functions and duties of the OIJ include arranging for and inspecting prisons to report on the objects of the OIJ as set out in the CSA, 1998.

Scope of research cont. In accordance with its powers, functions and duties, the OIJ can appoint IPVs to deal with prisoner complaints and allow for more community involvement in prisons. CSPRI is of the opinion that the establishment of the IPV system has contributed to ensuring there is an independent mechanism through which the treatment of prisoners can be monitored and promoted, but this contribution needs to be described, analysed and evaluated.

Scope of research cont. Contents: the research will investigate:- The establishment of the IPV system by the OIJ The relationship between IPVs, staff of the OIJ, DCS officials and prisoners Performance of the IPVs as measured against the procedures and policies as set out in the IPV manual

Scope of research cont. The effectiveness and efficiency of the IPVs in resolving complaints The effectiveness and efficiency of Visitor’s Committees Interaction between IPVs and prisoners Obstacles and impediments that IPVs encounter

Scope of research cont. Overall successful practices can be identified and problems and obstacles identified so that recommendations can be made regarding how these can be resolved The research report will provide conclusions on the efficiency and effectiveness of the IPV system as well as recommendations on how to improvements can be effected

Respondents The research is based on 97 interviews conducted with IPVs, staff of the OIJ, DCS members including senior officials and ordinary members, prisoners and selected civil society organisations 20 IPVs and 2 former IPVs 32 DCS members 35 prisoners 5 civil society organisations 3 senior staff from OIJ

Findings Overall the IPV system appears to be significantly successful in that it has provided a monitoring presence in prisons that has resulted in the more efficient handling of prisoner’s complaints and established a community involvement in prisons Where there is dissatisfaction with the system it appears this stems from the obstacles that face IPVs that have been identified in this report

Findings cont. Procedures and policies in manual: Most IPVs showed understanding and insight into their functions and duties as well as prisoner’s rights to lodge complaints. But DCS knowledge of prisoner’s rights seems to be lacking and this environment may lead to problems for IPVs in carrying out their duties Guidelines for dealing with complaints seem to be followed, but some confusion as to time periods. Also urgent complaints procedures seem to be problematic with IPVs not really understanding when to refer to the OIJ

Findings (cont.) Most IPVs found performance management system fair. But must be noted that problems with the IPV system as identified by the report seem to call for a revision of the performance management system Electronic reporting systems appear easy to operate, however some concern expressed about access to DCS computers Most IPVs felt the payment system is fair, but a minority expressed dissatisfaction resulting from delays and efficiency of payments. Also noted was the need to increase the work hours of some IPVs or appoint further IPVs for prisons where overcrowding is a problem

Findings cont. Effectiveness and efficiency of IPVs in resolving complaints: The manual states site visits at least twice a month. Approx. half of IPVs interviewed stated they complied with this. The remainder indicated more visits than the suggested two. Most prisoners indicated regular site visits of once a month, and only a few indicated no visits or visits only on request. Of all DCS staff interviewed only one was unaware of IPV system Independence of IPVs is of great concern. Most IPVs indicated that they tried not to take sides and remain neutral. But just under half of prisoner’s interviewed did not regard IPVs as independent

Findings cont. Manual does not give guidance on how to gain prisoner trust and IPVs have to use their discretion. Most responses show different methodologies used by IPVs to gain prisoner trust that seem innovative and useful. This is corroborated by prisoner’s responses that seem to indicate satisfaction with techniques used by IPVs to put them at ease. Major problem is presence of DCS members. In eyeshot out of earshot – security versus independence, trust and full disclosure.

Findings Cont. Feedback to prisoners – 13 out of 35 prisoners indicated dissatisfaction with feedback by IPVs 16 prisoners felt IPVs not effective – reasons given include lack of independence, no feedback and unreliability on part of IPVs 22 DCS members felt IPVs effective but some comments indicate that IPVs are duplicating complaints, not performing their functions properly and not communicating with DCS officials relating to resolved complaints 3 civil society orgs felt they were effective while 2 were of the opinion they were not on account of delays in resolving complaints once referred to OIJ or VC and secondly because OIJ has no power to ensure compliance by DCS Interaction between IPVs and DCS staff: No problems with administrative arrangements reported

Findings cont. 11 out of 20 IPVs reported problems with security arrangements relating to not being allowed access and being locked in cells with prisoners Generally IPVs felt no problems with monitoring G365 register but some DCS members made concerning comments e.g. not giving IPV access Polarised opinions of IPVs relating to their relationship with DCS staff. Either helpful/cooperative or tense/ negative attitude Most DCS staff felt they had good relationship with IPVs Civil society orgs felt IPVs are seen as threat to DCS and seen as spies

Findings cont. About quarter of IPVs noted problems impacting on relationship – security, recording prisoner’s complaints, IPV duties 12 DCS members noted tensions between their duties and IPV work including not consulting with DCS staff, non-familiarity with DCS regulations and acting as superiors to DCS staff Training was felt to be too short and intense Visitor’s Committees regarded as effective and efficient OIJ seems to have developed sound and reasonable appointment procedure but needs to explain process more clearly

Findings cont. No consensus on definition of community Can take lesson from UK on training of IPVs

Recommendations Development of a more effective system for providing feedback to prisoners on their complaints including proper, understandable communication of resolved complaints to prisoners Revision of training for IPVs - to be lengthened and include inter-personal skills, communication skills and practical examples

Recommendations cont. Despite having a positive effect on human rights situation of South African prisons, does not mean there is not room for improvement Appointment procedure of IPVs has evolved but OIJ needs to investigate possibility of more effective communication methods in advertising new posts and the procedures involved Revision of performance management systems to ensure problems relating to verification of activities and procedures, monitoring nature of complaints and reconciliation of IPV statistics and direct prisoner complaints to OIJ

Recommendations cont. Interaction between IPVs and DCS officials needs to be investigated Independence of IPVs needs to be secured by devising new methods of ensuring IPV safety Awareness raising of IPV functions and duties amongst DCS officials and members is needed Additional IPVs or hour allocation necessary where overcrowded Interaction with prisoners outside mandated duties – some comments show IPVs assuming functions of DCS officials or acting as counsellor. While this helps with building prisoner trust, IPVs need to be trained in order to maintain insight into their purpose and not be side-tracked

Recommendations cont. OIJ needs to adopt broad definition of community and be inclusive of all individuals and organisations Political oversight should be adequately informed by information provided by IPV system Increase budgets and independent budgets should be considered END