DOC/OS(XXXHI)/324c/I 34 sometimes create problems for the prisoners and the administration. The methods used do not favour the development of a constructive spirit and trust within the prison. Some prisoners complained of the existence of informers among them (Windhoek prison) and that some of the staff were involved in drug trafficking, bringing in or allowing the admission of drugs in return for money (Hardap and Windhoek prisons). They also complained about suffering discrimination and arbitrary practices. Some prison guards refused to speak a language that the prisoners understood and insisted on speaking in Oshiwanbo, not listening to the prisoners who would not or could not speak that language (Oluno, Hardap). It is important to note that the number of complaints against the staff has increased considerably (56%) between 1999 and 2000. A prisoner died in suspicious circumstances in Walvis Bay prison. According to the explanations of a fellow inmate who witnessed the scene from the window of his cell, the deceased prisoner had a fight with one of his fellow prisoner, after which he was seriously beaten by the guards during the night and isolated in an individual cell. He was found dead the following day. The witness, having been threatened by the guards, was not prepared to testify before the police. An enquiry is under way and the Ombudsman is dealing with this case. The Special Rapporteur is anxious to have access to the conclusions as soon as possible. Police officers receive training in the Police College, but are in reality not prepared to take care of prisoners. Some have participated in human rights seminars, and the police authorities are trying to raise extra funds to improve training in that field. The Special Rapporteur recommends that human rights principles be integrated in practical professional training for the management of high risk situations, such as questioning, interrogation of suspects and the management of persons in detention and those with difficult behaviour. External and internal control The prison law provides a mechanism to monitor prisons outside the prison administration. This law effectively determines that the Supreme Court and High Court judges, the ministers, the permanent secretary to the Ministry of Prisons, and parliamentarians should be visiting justices ex officio who are mandated to inspect all the prisons in the country and make recommendations to the prison directors. Other persons appointed as visiting judges ex officio are governors, who can visit prisons in their region. Magistrates are allowed to visit cells under their jurisdiction, and the members of regional councils may visit those in their constituency. Furthermore, the Minister of Prisons may appoint a member of the public services as visitor during a given period. In practice, this mechanism does not work. The Special Rapporteur discovered that the prisons have never been visited by visiting justices since the mechanism was created by the prison law of 1998. There are mechanisms for internal control which by their very nature are not independent, namely that the Commissioner of Prisons, the Inspector of Prisons and the information services may effectively inspect the prisons. It should be noted that the Ombudsman and his representatives can also visit the inmates and speak to them in private about their problems. This seems to be the only independent control mechanism that actually works in Namibia at present. The Special Rapporteur urged the police authorities to put in place and implement external control mechanisms for police stations. The Special Rapporteur wishes to underline the importance of external control on detention in prisons and police

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