19 TERMS OF REFERENCE FOR THE SPECIAL RAPPORTEUR ON PRISONS AND CONDITIONS OF DETENTION IN AFRICA 18 Recommendations 1. The majority of the inmates (96% or so) were well attired. A minority who nevertheless should not be dismissed were found in torn prison garments. That attempts were not made to spirit them out of sight is evidence that there was no stage management. But their condition need redressing. 2. The observations and criticisms contained in Prisons Talks should receive sober reflection and, whenever necessary, remedial measures should be adopted. 3. The importance of reducing the period for which prisoners are remanded should be constantly raised by the Prison Service with the Police and Prosecution authorities with a view to the latter acting to achieve this goal. 4. The decision to revise the standing orders of the Commissioner of Prisons should be carried out as has been done in the case of Prison. Act, Chapter 7:11 (revised Edition 1996). MANDATE In accordance with its mandate under Article 45 of the African 1. Charter on Human and Peoples' Rights (The Charter), the African Commission on Human and Peoples' Rights (The Commission) hereby establishes the position of Special Rapporteur on Prisons and conditions of detention in Africa. The Special. Rapporteur is empowered to examine the situation 2. of persons deprived of their liberty within the territories of States Parties to the African Charter on Human and Peoples' Rights. 5. Human Rights Training of Prison officers which was organised in May 1996 and evaluated after six months should be continued as planned. 6 Supervision of the community Service Scheme should not be relaxed for the danger of increase in criminality is real if it is perceived by the public as a very soft option to fine or custodial sentence. 7. The prison service should help orient public attitude to accepting that rehabilitation does occur in the prisons of Zimbabwe by employing ex-convicts whenever there is the opportunity to do so. 8. The Department of Social Welfare should consider the appropriateness of extending community service to juveniles. 9. (i) While welcoming the sentencing conference involving the judiciary in August 1996, a future conference involving the judiciary, police and prisons will advance further the redressing of the concerns which led to the former conference, and should therefore be seriously pursued. it) Towards the same end a conference of the Bench, Bar, Faculty of Law, Police and Prison is likely to serve similar end, and the Prison Service is encouraged to take the initiative to bring it to fruition. METHODS OF WORK The Special Rapporteur shall examine the state of prisons and conditions of detention 3.1 in Africa and make recommendations with a view to improving them; 3.2 advocate adherence to the Charter and international human rights norms and standards concerning the rights of persons deprived of their liberty and the conditions in which they are held, examine the relevant national law and regulations in the respective States Parties as well as their implementation and make appropriate recommendations on their conformity with the Charter and with the Charter and with international law and standards; make recommendations to the Commission as regards 3.3 communications submitted to it, by individuals who have been deprived of their liberty, by their families or representatives, by NGOs or other persons or institutions; propose appropriate urgent action. 3.4 The Special Rapporteur shall conduct studies into conditions or 4. situations contributing to human rights violations of persons deprived of their liberty and recommend preventive measures . The Special Rapporteur shall co-ordinate activities with other relevant Special Rapporteurs and Working Groups of the African Commission and United Nations. 3.

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