DOC/OS(XXXIII)/324c/I
41
Homosexual relations
Homosexuality does not seem to be as widespread or receive the same favourable
conditions for its existence in all the prisons. The causes that promote this
phenomenon range from non fulfilment by the prison authorities of certain vital
needs of the prisoners (food, toiletries, blankets...) to overcrowding, which is
reaching alarming proportions in some prisons and other places of detention. The
risk is specially high when adult prisoners are housed together with minors.
At Walvis Bay prison prisoners stated they were aware of the existence of
homosexuality in the prison, but some of them are reluctant to receive any
information or education on this matter. A prisoner who spent more than five months
in prison went to the clinic for a consultation about a perianal gonorrhoeal abscess
that could only have been caused by homosexual relations.
At Hardap prison, homosexual practices seem to be widespread. The prison
authorities are aware of it and the prisoners accuse them of not going to the heart of
the causes. Young and destitute prisoners agree to pair with adult prisoners in the
secret hope that they will see their living conditions improve; other do so in the hope
to get more food. All this goes on in view of the prison guards who regard it with
indifference.
Behaviour of staff vis-à-vis the prisoners
The delegation heard few allegations of physical ill treatment of prisoners by the
prison staff in the prisons visited. However, In Oluno, Omaruru, Grootfontein and
Walvis Bay some inmates complained of having been beaten by staff. Many
allegations of abusive language used by the prison staff against detainees were
noted including insults (Oluno prison, Walvis Bay prison) some with racist
connotations (Walvis Bay and Hardap). Furthermore, women complained of having
to suffer daily degrading body searches in Oluno prison. The female guards ask
them to open their legs or crouch. Once they lodge a complaint this practice ceases
for a few days but systematically recommences. Some inmates complained of
discrimination and arbitrary practices. Some guards would refuse to speak in a
language that the prisoners understood and would force them to speak in
Oshiwanbo. They would not listen to prisoners who could not or would not speak in
that language (Oluno, Hardap).
The Special Rapporteur wishes to highlight the importance of adequate training in
control techniques, physical control and body searches. If they had such skills the
staff would know the most appropriate response when confronted with difficult
situations, thereby significantly reducing the risk of lack of respect for the dignity of
prisoners. This, in its turn, would mean fewer complaints about abuse on the part of
inmates.
The delegation recommends the authorities, both at national and local level, to make
it clearly understood to prison staff that all forms of ill treatment inflicted on inmates,
including abusive language, are intolerable and will be severely punished. Prison
personnel must also be aware that the recommendations made by their superiors
with regard to the treatment of prisoners must be strictly adhered to.
To deprive a person of his or her liberty implies being responsible for detaining that
person in conditions compatible with the inherent dignity of human beings. The
findings during the visit indicate that this responsibility is not being fulfilled with
regard to a number of people held in police custody or on remand in police stations.
Current conditions are particularly damaging to those who appear before a
magistrate after having spent a considerable amount of time — sometimes several
weeks — in places of detention which do not conform to the standards required and
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