The South African National Preventive Mechanism (South African NPM), established to fulfill South Africa’s international law obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), solemnly marks this day by noting how the country can do more to discharge its duty to improve the conditions of pretrial detainees.  For many of these pre-trial detainees, the right to a fair trial is imagined. Factors such as unaffordable bail when arrested and detained for minor or petty offences, and the detention of people, who pose no risk to society, means that detainees can be in prisoned for many months prior to the adjudication of their matter before a court of law.

Equally, arbitrary use of pre-trial detention significantly contributes to overcrowding in correctional centres. Prolonged and arbitrary detention also feeds corruption, exposes detainees to the risk of serious human rights violations such as torture and ill-treatment, and has a significant socio-economic impact on detainees, their families and communities.

South Africa’s NPM is constituted by the South African Human Rights Commission (SAHRC) in a coordinating and functional role, together with affiliated bodies with a statutory oversight and monitoring mandate, such as the Judicial Inspectorate for Correctional Services (JICS); Independent Police Investigative Directorate (IPID); Office of the Military Ombud; and the Health Ombud.

On this African Pre-Trial Detention Day, while taking note of the progress made in transforming the South African criminal and correctional system, the SA NPM calls upon the state to strengthen efforts to improve conditions of detention and guarantee the right of detainees to be treated with dignity and ensure that their complaints, appeals and petitions are expeditiously dealt with. To this end, the SA NPM is conducting unannounced visits to pretrial detention centres.

Ends

Issued by the South African Human Rights Commission

Wisani Baloyi – Acting Communications Coordinator Tel: 081 016 8308 This email address is being protected from spambots. You need JavaScript enabled to view it. or Alucia Sekgathume Tel: 082 689 2364 This email address is being protected from spambots. You need JavaScript enabled to view it.