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.