DOC/OS(XXXIII)/324c/I
31
Open air and restrictions
In prison, due to lack of sufficient staff, the time spent outdoors exercising is very
limited. The regime changes slightly from one prison to another.
The inmates in Windhoek prison come out of their cells for breakfast around 7:30
am. Those who do not work return to their cells at around 8:30 am. They come out
again for 30 minutes during the morning, and then from 2:00 to 3:00 pm, at which
time they eat their dinner before returning to their cells until the following morning.
Juveniles are out of their cells from 7:00 to 12:00 am, and then again from 2:00 to
3:00 pm. At Oluno prison inmates return to their cells earlier on Saturdays and
Sundays (2:00 pm). It should be noted that inmates' timetables for leaving their cells
may vary a little from one prison to another, but on the whole those who do not work
spend an average of only 21/2 hours outside their cells. Those who work leave their
cells at around 7:30 am and return at 3:30 pm after dinner.
In police stations, prisoners may go to the small courtyard next to their cell, but are
never allowed to leave their section except for visits or when they have to attend
court. On the other hand, because there is not an adjacent courtyard, women
prisoners in the police station of Wanaheda never leave their cells. The police
officers could remedy this situation by using a small closed courtyard with bars near
the women's cell, which at the moment is only being utilised for loading and
unloading trucks.
Rules, discipline and sanctions
In principle, the prison law provides for prisoners to be informed verbally and in
writing about the internal rules, discipline and sanctions. Information is given to new
arrivals and repeated during small meetings by the staff (once a month at Walvis
Bay since 2000). Furthermore, a small new brochure containing information
regarding rules, timetables, internal organisation, etc should be given to each
prisoner. At Windhoek prison each cell has a copy of the prison law. A summary of
the prison law with information regarding offences which can result in punishments
is sometimes on display on the cell doors (juvenile section at Walvis Bay, Omaruru
prison, E. Nepemba Juvenile Centre). In spite of these procedures, many prisoners
still complain that they have not been sufficiently informed (Walvis Bay).
In the case of a breach of prison rules, the prisoner is first heard then an inquiry is
conducted followed eventually if found guilty by punishment, according to the prison
law:
•
Loss of reduction in sentence
•
Reduction of privileges and earnings
•
Solitary confinement, for a period which must not exceed 14 days. After that, a
decision to maintain solitary confinement can only be made by the
Commissioner of Prisons or by the Minister himself. Solitary confinement is no
longer used as a disciplinary measure, but the Officers in charge in Walvis Bay,
Oluno and Omaruru informed the Special Rapporteur that they occasionally
have recourse to it. The female prisoners at Oluno prison confirmed that
individual cells were used to isolate and punish. The regime of detention in
solitary confinement should not involve any additional punishment. Meals should
be served as usual, as well as visiting rights, exercise time, etc. Yet, prisoners at
Omaruru and Oluno prisons have testified that they were kept in solitary
confinement with shorter rations for 10 days as a disciplinary action. Women at
Oluno prison stated that those kept in solitary confinement did not have the right
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