PRESENTATION TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES Parliament of the Republic of South Africa 19 June 2013 South African Human Rights Commission

Contents 1.SAHRC – Overview, mandate and functions 2.SAHRC approach to the promotion and protection of prisoners rights 3.Inter-relationship between SAHRC and JICS 4.SAHRC Complaints handling and prisoner complaints 5.Conclusion 2

SAHRC – Overview, mandate & functions Section 184 of the Constitution Human Rights Commission Act 94/1995 –Promotion –Protection –Monitor Head Office, 9 regional offices Legal Services Programme, Research Programme, Human Rights Advocacy Programme,3

SAHRC approach to the promotion and protection of prisoners rights Approach adopted - broad strategic and framework level in relation to persons deprived of their liberty In particular, compliance with international obligations in relation to torture and its prevention –International reporting obligations –Torture Bill –Ratification of OPCAT Carried out with the assistance of the Section 5 Torture Committee.4

SAHRC work in relation to international compliance with obligations & prisoners International Reporting Obligations –SAHRC Annual Report –International Report –Media engagements UPR SOUTH AFRICA HAS ACCEPTED RECOMMENDATIONS IRT OPCAT –SAHRC NHRI Submission –Intervention at Human Rights Council Session –Involvement in follow up to UPR Mc Callum Matter –SAHRC brought this to the attention of Parliament and relevant Ministers –Torture Public Hearing November 2-11 Torture legislation –SAHRC participated in parliamentary process OPCAT, advocacy and training at the domestic and regional level –Advocacy e.g. Commemorative Seminar on the 10 th Anniversary of the Robben Island Guidelines, Johannesburg, August 2012 –Training, APT/ Regional NHRIS/ NANHRI Training,

South Africa has publicly committed to ratifying OPCAT Example “Our efforts in the fight against torture are not limited to the enactment of the Torture Bill. In May this year a decision was taken to ratify the Optional Protocol to the Convention against Torture (OPCAT). A number of consultative meetings have been held to consider the proposed ratification and to acquire inputs from all relevant stakeholders. The Department will submit the relevant documents to Cabinet later this year.” Opening Remarks by Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, MP, at the Robben Island Guidelines Commemorative Seminar, Tuesday 21 August 2012, Parktown, South Africa.6

Inter-relationship between SAHRC and JICS The SAHRC has a constitutional mandate to receive, investigate and redress violations of section 35 rights Refer matters to more appropriate body i.e. JICS Article 12 (8) (a) of SAHRC procedures provides: “If the provincial manager makes a finding that the complaint does not fall within the jurisdiction of the Commission, or could be dealt with more effectively or expeditiously by another organisation, institution, statutory body, or institution created by the Constitution, or any applicable legislation, the complaint must.... be referred to such appropriate organisation, institution or body...’. Depending on the nature of the matter, the SAHRC in some instances monitors matters that are referred to JICS JICS is mandated in terms of the Correctional Services Act 11/1998 to 85 (2) The object of the Judicial Inspectorate for Correctional Services is to facilitate the inspection of correctional centres in order that the Inspecting Judge may report on the treatment of inmates in correctional centres and on conditions in correctional centres. 7

SAHRC section 35 (prisoner) complaints statistics The SAHRC received a total of complaints during the 2012/13 financial year Of these complaints, 518 were captured and recorded as section 35 complaints. Section 35, “arrested, detained and accused persons” rights comprise approximately 13% of the total number of complaints received. The overwhelming majority of these complaints are referred to JICS 8

Individual prisoner complaints – General Approach Individual complaints are referred to the specialised body i.e. Judicial Inspectorate for Correctional Services (JICS) – Is a legislatively created independent body with overlapping mandate with SAHRC – JICS is established and has created systems to specifically address – Insufficient internal capacity – Would constitute duplication of resources 9

Analysis of SAHRC prisoner statistics per province 10 ProvinceNo. of ComplaintsPercentage Eastern Cape 5710% Free State 11522% Gauteng 18035% KwaZulu-Natal 357% Limpopo 306% Mpumalanga 112% Northern Cape 153% North West 173% Western Cape 5811% TOTAL518100%

SAHRC statistics – section 35 complaints 11

Analysis of SAHRC section 35 statistics A review of the breakdown of complaints received under s. 35 indicates that –the highest number of s. 35 complaints, the Gauteng (35% ) –Free State (22%) –Western Cape (11%) & Eastern Cape (10%) By 31 March 2013 – 85% of section 35 complaints were finalised by 31 March 2013 –10% were still being investigated –5% were at the assessment stage. One of the unresolved cases is the subject of litigation (Lindela matter). 12 of the complaints were resolved through mediation and conciliation. 12

SAHRC- prisoner rights’ investigations Groenpunt Maximum Security Correctional Services Centre On 9/1/2013, the SAHRC addressed a letter addressed to the Head of the Groenpunt Centre and Regional Commissioner of the DCS seeking a written explanation for the riots. A response was received providing comprehensive information. On 10/1/2013 the SAHRC conducted an investigation/inspection in loco at the Groenpunt Centre in Deneysville, Free State Province. Based on the information received and investigation conducted, the SAHRC arrived at a preliminary assessment that there had been a violation of section 35 rights. Draft findings and recommendation have been prepared and are awaiting final approval and issue by the Commission. 13

SAHRC & other places of detention Lindela Repatriation Centre This was a matter brought by the SAHRC against the Minister of Home Affairs and Others and relates to the detention of asylum seekers at the Lindela Repatriation Centre beyond the legislatively prescribed timeframes. Pleadings have been exchanged between the parties, and the matter has been set down for hearing in late August 2013 before the South Gauteng High Court. 14

Conclusion Recommendations & Way forward The SAHRC recommends and requests the Portfolio Committee to assist the SAHRC through exercising its oversight powers in relation to the following matters: –Ensuring the ratification of OPCAT and the establishment of a NPM –Continue addressing matters of torture in prisons and, in particular, ensure that the Mc Callum matter is responded to. –Ensure that South Africa complies with its international reporting obligations and that outstanding CAT reports are submitted In terms of a way forward, the SAHRC would welcome further engagement with the Committee in order to ensure that our common agendas in relation to the promotion and protection of prisoners rights is achieved. 15

Thank You South African Human Rights Commission Transforming Society. Securing Rights. Restoring Dignity.