PROPOSAL FOR AN IDEAL JUDICIAL INSPECTORATE FOR CORRECTIONAL

PROPOSAL FOR AN IDEAL JUDICIAL INSPECTORATE FOR CORRECTIONAL SERVICES Zia Wasserman National Prisons Coordinator Sonke Gender Justice zia@genderjustice. org. za Presented at JICS Stakeholder Dialogue, Pretoria 8 March 2019

INTRODUCTION: DETENTION JUSTICE FORUM The Detention Justice Forum (DJF) is a coalition of civil-society organisations and individuals working to ensure that the rights and well-being of those who are detained are respected and upheld, as enshrined under South Africa’s Constitution, laws and policies, as well as regional and international human rights norms and standards. Our membership includes community organisations, lawyers, former inmates, and academics — spanning direct service provision and (former and current) detainee support and empowerment, advocacy and policy development.

JUDICIAL INSPECTORATE FOR CORRECTIONAL SERVICES Consistent and effective prison oversight is a crucial means to ensure that inmates' rights are monitored and protected: ü Prevents human rights abuses of inmates ü Ensures transparency and accountability of DCS However, JICS is hampered by several key challenges: 1. Unclear mandate 2. Lack of independence 3. Insufficient accessibility

CHALLENGES FACING JICS (1) UNCLEAR POWERS AND FUNCTIONS Ø Inspecting Judge may “deal” with complaints Ø Investigative powers? Ø ICCVs may “discuss” complaints with HOC Ø Recommendations not binding “The CSA employs the terms “conditions”, “treatment” and “corrupt or dishonest practices” in section 90(1). These are the broad areas over which the IJ must provide oversight; the terms are not defined. ” – JICS Annual Report 2017/18

CHALLENGES FACING JICS (2) LACK OF INDEPENDENCE Ø Legal and operational: JICS reports to very department it is supposed to oversee; JICS dependent on DCS’s administrative systems (e. g. creation of posts, payment of salaries) Ø Financial: JICS receives its budget from DCS Ø Associational: ICCVs dependent on DCS for resources; JICS staff technically DCS employees; CEO appointed by and accountable to DCS (National Commissioner) – political influence, institutional capture

CHALLENGES FACING JICS (3) INSUFFICIENT ACCESSIBILITY Ø Inmates are sometimes unaware of the existence of JICS and ICCVs Ø JICS reports are not publicized Ø JICS lacks a social media presence, and does not have a functional website Ø Inmates and ICCVs may fear reprisal for making complaints

RECOMMENDATIONS: STRENGTHENED MANDATE ü JICS’ mandate, powers and functions must be set out clearly in the empowering legislation and expanded upon in accompanying regulations ü The role of JICS in preventing human rights violations in DCS facilities should be made clear ü JICS should conduct thematic research on key challenges facing DCS facilities ü DCS should provide mandatory reports on all systematic challenges within DCS facilities ü It should be a criminal offence for DCS to fail to make mandatory reports to the IJ ü Organs of state should have a positive legal obligation to assist, and negative obligation to not impede, JICS’ exercise of its powers and functions ü JICS’ recommendations must be binding

RECOMMENDATIONS: STRENGTHENED INDEPENDENCE ü Amend the CSA to provide for JICS’ structural independence from DCS ü JICS should be allocated its budget directly from the Treasury ü JICS’ governing statute should remove any ability for DCS leadership to exert political influence over JICS appointments ü JICS should have exclusive control over its operations, independently of DCS ü Measures must be put in place to ensure the institutional independence of JICS and its employees, including ICCVS

RECOMMENDATIONS: STRENGTHENED ACCESSIBILITY ü JICS must make public its findings following its inspections and investigations ü JICS should have its own information channels which are easily accessible to the public, particularly its own website ü All inmates (sentenced and unsentenced) must be informed about JICS and have access to ICCVs indecently from DCS ü Training of ICCVs should be strengthened to address key challenges. ü JICS should have mechanisms in place to link inmates with legal representatives, when requested and required ü Issues that hinder inmates from reporting to JICS should be examined

CONCLUSION Prison oversight mechanisms are vital to the protection and promotion of inmates’ human rights. JICS is therefore an important and necessary institution. However, in order for JICS to be effective, it requires strong independence and a clear, comprehensive mandate to fulfill its functions. This requires: a) b) c) d) Amendment of the CSA or creation of new legislation Promulgation and implementation of Regulations Sufficient resource and budgetary allocation Measures to ensure improved accessibility

PROPOSAL FOR AN IDEAL JUDICIAL INSPECTORATE FOR CORRECTIONAL SERVICES Thank you for your attention. Questions? Contact for collaborations: Zia Wasserman National Prisons Coordinator Sonke Gender Justice zia@genderjustice. org. za