Who investigates corruption, what is investigated and who makes these decisions are important considerations in the fight against corruption. Investigating corruption is one component of anti-corruption strategies. Investigations can be done in different ways, can be based on different assumptions and be driven by different motivations. These assumptions and motivations are reflected in their respective mandates and terms of reference. Some investigations are fact-finding missions with fairly broad and open mandates, while others may be very specific with the intention of bringing about prosecutions and recovering state assets.
The point of departure of this paper is that corruption is a human rights issue, which is accentuated in the prison context given the nature of imprisonment. Three factors create an intrinsic risk for corruption in prisons. Firstly, the all-encompassing nature of imprisonment regulates every aspect of prisoners' daily lives: from having the most basic necessities to having access to luxury items, or even illegal items and activities. Secondly, the state as the controller, establishes a highly unequal power relationship between the prison bureaucracy (represented by the warder) and the prison population. Thirdly, the closed nature of prisons and their general marginalisation from the public eye and political discourse do not assist in making prisons more transparent. Against this backdrop, poor management, weak leadership or organised crime can have a devastating impact on the overall operation of a prison system and, ultimately, on the human rights of prisoners. The paper seeks to clarify key concepts relating to prison corruption. By means of defined relationships, for example between individual warders and individual prisoners, or prisoners and warders as collectives, the nature of prison corruption is described. It concludes that there are fundamental differences between prison corruption and corruption found in others sectors of the public service. The research was done prior to the release of the Jali Commission Report Executive Summary and relied on publicly available documents.
This article by Christopher Le Mon from Human Rights Brief, a publication of the American University's Washington College of Law, considers the gacaca courts established to try perpetrators of the 1994 genocide and their problems.
This paper aims to provide a tour d’horizon of common operational initiatives and policy approaches adopted by agencies and institutions involved in the area of rule of law reform in fragile or post-conflict countries, and identify key lessons highlighted in the policy literature.
Excluding draft amendments submitted to referendum 25 June 2006
This Africa Governance Monitoring and Advocacy Project (AfriMAP) report published by the Open Society Initiative for Southern Africa (OSISA) in 2006 is a comprehensive report on the Mozambican legal system.
In this issue: Rob Allen (Director of International Centre for Prison Studies) writes on the Future of Crime and Imprisonment in Africa and CSPRI comments on the Release of the Jali Commission Report.
The submission was made in response to South Africa's initial report to CAT and focused on the criminalisation of torture and conditions (including allegations of torture) in South Africa's prisons.
In this issue: Lukas Muntingh (senior researcher of CSPRI) and Christopher Mbazira (doctoral intern of the Socio-Economic Rights Project) writes about Prisoners' access to anti-retroviral treatment; Update on EN and Others v the Government of South Africa and Others (access to ARV treatment at Westville Correctional Centre); An overview of South African Prisons until March 2006
by Dr. Msaiwale Chigawa. Concept Paper One, The Law Commission Constitutional Review Conference, March 2006.
In this issue: Post independence prison reform in Namibia by Tarrin-Rae Oxyche; nominations of Independent Prison Visitors by the Office of the Inspecting Judge by CSPRI staff; SA prisons at a glance - update by CSPRI staff
The submission deals with three broad themes in relation to the budget and strategic plan, namely achievements of the DCS, areas of concern, and reporting.
In this issue: Lukas Muntingh (senior researcher of CSPRI) writes about the Department of Correctional Services (DCS) budget for the MTEF for 2006/7 to 2008/9. He touches on the DCS budget in relation to the national budget, trends in the budget and key issues for comment in the budget in this issue of the CSPRI Newsletter.
This Office of the United Nations High Commissioner for Human Rights publication specifically addresses the issue of mapping the justice sector and some key related institutions. It is intended to assist United Nations field staff in understanding how the justice sector actually worked in the State prior to and during the conflict, and how it should function if the rule of law is to take root. It provides an overview of the key institutions, related entities or mechanisms, and identifies priorities such as the linkages between core institutions and the utility of oversight bodies.
Loi Constitutionnelle n°134/AN/06/5ème L portant révision de la Constitution.
In this issue: Martin Schonteich (senior legal officer of Open Society Justice Initiative, NY) writes on the Pre-trial Dentention in Africa; The CSPRI staff give an update on the South African prisons from May to August 2005
This overview of policing in Angola by Julie Berg of the Institute of Criminology at the University of Cape Town is drawn from an overview of policing oversight in select SADC countries.
The purpose of this report is to describe the compliance requirements in terms of domestic and international law for the Department of Correctional Services as it pertains to the treatment of children in prison. International law is replete with normative standards applying to the treatment of children in prison. As this research paper focuses on children in prison, the emphasis is placed on the relevant provisions of the Convention on the Rights of the Child and the UN Rules on Juveniles Deprived of their Liberty, as well as some of the provisions of the UN Standard Minimum Rules for the Treatment of Prisoners. Further, the Correctional Services Act of 1998 is an important legal framework in the administration of prisons and the treatment of all prisoners, including children. The White Paper on Corrections, released in March 2005 by the Department of Correctional Services, constitutes a comprehensive blueprint augmenting the legal framework in the Act. The report also pays attention to the situation at ground level and identifies particular problem areas. This paper makes a number of observations in relation to the need to upgrade some areas of these domestic laws and policies to ensure compliance with the international law framework. Examples of practical compliance and non-compliance are also highlighted, calling for the need to go beyond progressive laws and policies.
This research paper focuses on offender reintegration and based on international and domestic research, interrogates the notion of offender reintegration. In an effort to support the further realization of the White Paper it formulates principles, based on extensive international meta-analysis supported by local research, on what works and what does not work in offender reintegration. It argues for an approach to offender reintegration that is based on knowledge and rigorous in design and, implementation and evaluation.
Despite the fact that the Department of Correctional Services has attracted significant media attention as a result of the Jali Commission's investigations, this paper focuses on examples of good governance. The purpose is to demonstrate that despite adverse conditions, individual managers are able to delivery effectively on the department's mandate. The intention is that such examples should be sued for internal learning and replication purposes.
The presentation demonstrates the international, domestic legislative obligations and case-law jurisprudence in addressing alternative sentencing mechanisms in South Africa.
In this issue: Parole pandenonium by Prof. Julia Sloth-Nielsen (senior law professor, UWC); Victims of crime and the parole boards by Lukas Muntingh (senior research, CSPRI); South African prisons at a glance (February 2005 to May 2005)
Find out more about the possible new sentencing principle in the context of HIV/AIDS, access to antiretroviral treatment, as well as an overview of prisons between February 2005 and August 2005.
Investigating prison corruption
