ACJR Publications

This section contains ACJR publications and those of CSPRI (Civil Society Prison Reform Initiative), its predecessor.
Women in Pre-trial Detention in Africa Women in Pre-trial Detention in Africa

This is a publication of of the project 'Promoting Pre-trial Detention in Africa' (PPJA). The objective of this review is to explore existing literature in respect of the reasons for female remand detention in Africa and the challenges women experience in prison. The biggest challenge to compiling this review was the lack of centralised and comprehensive statistics. The subject is under-researched and statistics referred to represent snapshot data obtained either from the database of the International Centre for Prison Studies or from various ad hoc reports. Literature pertaining to South Africa was available, but authoritative studies from less developed countries do not exist, or were last undertaken as long ago as the 1980s. The failure of states to allocate resources to female detainees and the absence of consistent and clear policies and legislation around the issues they commonly encounter suggest a lack of awareness or a lack of political will to improve the situation. Report by Marilize Ackermann

Submission to South Africa's Parliament on the DCS 2013/14 Annual Report

This submission discusses the 2013/14 Department of Correctional Services (South Africa) Annual Report. More specifically, it discusses human rights violations in prison (including allegations of torture), the mandate of the Judicial Inspectorate for Correctional Services, rehabilitation and the review of the White Paper on Corrections, the SIU investigation into corruption in prison, lengthy pre-trial detention and leadership instability.

The African Commission’s Guidelines on Pre-trial Detention: Implications for Angola and Mozambique

On 8 May 2014, in Luanda (Angola), the African Commission on Human and Peoples’ Rights (ACHPR) adopted the Guidelines on the Use and Conditions of Arrest, Police Custody and Pre-trial Detention in Africa. Shortly after the adoption of the Guidelines, the Civil Society Prison Reform Initiative (CSPRI) of the Community Law Centre at the University of Western Cape (South Africa) co-hosted on 21-22 May 2014 a workshop in partnership with the Mozambican Institute of Legal Aid (Instituto de Patrocínio e Assistência Jurídica, IPAJ), in Maputo, to begin a debate on the implementation of the Guidelines in Mozambique and Angola.

Journal Article: Unsustainable and unjust: Criminal justice policy and remand detention since 1994

The ‘tough on crime’ approach embodied in bail and sentencing law has had a profound impact on the trends around remand detention, including prison overcrowding of such an extent that it is estimated to have contributed to an additional 8 500 natural deaths in custody. Ultimately the policies have led, in practice, to an ‘Alice in Wonderland’ effect: fewer people are being tried and sentenced, while more than ever are denied their freedom without ever being tried in a court of law.

Understanding impunity in the South African law enforcement agencies

The probability that law enforcement officials will be held accountable for gross rights violations is very low. The reasons for this are discussed in this report. The report argues that there is no single reason for the current situation but rather that a myriad of factors, structural and functional, contribute to a greater or a lesser degree to the current situation. The authors contend that it would be inaccurate and superficial depiction to lay the blame at the door of only one institution, as this would ignore the effect of other factors. Moreover, the problem of rights violations and concomitant impunity is widespread and pervasive, and for this reason it is increasingly unconvincing for government to explain such cases as being the work of "a few rotten apples".

Budget Vote Submission

The submission is made in response to the 2013/14 Budget Vote as accompanied by the Department of Correctional Services (DCS) Strategic Plan 2013/14 - 2016/17 and Performance Plan 2013/14 - 2016/17. The submission deals with three broad issues: (1) alignment between the Strategic Plan and the budget, (2) creating safer prisons, and (3) rehabilitation and reintegration. The latter two focal areas are in response to a general request from the Portfolio Committee for submissions on these two issues.