DOC/OS(XXXIII)/324c/I
12
Overall prison capacity is 3,822 places2 , i.e., the overcrowding rate is 33%. This
phenomenon is all the more disquieting considering that four additional prisons have
been built since 1996 and the number of convictions has diminished3. Omaruru
prison was built for 68 inmates, but on the day of the visit there were 182, i.e., an
overcrowding rate of 163%.
According to the Ministry of Justice, the increase in the prison population cannot be
attributed to an increase in criminality, but to a conjunction of factors, none of which
would be enough on its own: better access to justice, greater severity on the part of
judges and longer sentences, as well as a proliferation of short sentences for petty
crimes. Thus, in the year 2000, 81.4% of the prison population was sentenced to
less than two years imprisonment. Added to this, there are the dysfunctional
Release Boards. These are boards that meet periodically at national and regional
level, to decide on the release of certain prisoners based on precise criteria. The
conditions for obtaining parole and remissions are so prohibitive that in the end
these measures are rarely put into practice. It should also be mentioned that
detention on remand is not taken into account when sentence is passed. Only 2.5%
of the prison population benefited from parole in the year 2000.
There are some measures that could help reduce overcrowding, for example the
judges have the discretion to give fines seeming, however, to prefer the sanction of
imprisonment. It should be noted that a community service (CS) programme as an
alternative to imprisonment will be developed in the years to come for offences that
carry a sentence of less than two years. To be effective, any plan to combat
overcrowding and the increase of the prison population should combine several
kinds of measures:
• Pre-sentencing measures: mediation, diversion, suspended sentences with or
without probation, judicial control, etc.
•
Post-sentencing measures: greater use of parole and reductions of sentences,
permissions to go out, partial release, etc.
Overcrowding has a great many consequences:
•
insufficiency of rehabilitation programmes;
•
unsafe conditions of detention (lack of beds, blankets, some inmates sleeping
too close to the bathrooms, etc.);
•
promiscuity and transmission of diseases;
•
difficulty in keeping the premises clean;
•
difficult working conditions for staff, in particular lack of specialist and
surveillance staff, which has consequences for the time prisoners spend outside
their cells and exercising in the open air;
•
problems with water supplies and cleanliness of sanitary installations;
•
lack of exercise where space is limited, etc.
Since independence, the president has granted presidential pardons on five
occasions. These affected 3,757 prisoners, of whom 107 re-offended subsequently.
2
Information on 14 September. Source. Prison Administration
3
Source: Ministry of Justice