DOC/OS(XOC111)/324c/I
32
to see their visitors, were not allowed to leave their cell, and were only allowed
to keep their bible and sponge bag.
Prisoners on remand in prisons are subjected to the same disciplinary regime as
convicted prisoners.
Handcuffs are only used when prisoners are being transferred to the courts and only
if they have tried to escape before. Usually no ill treatment is inflicted, however
prisoners at Omaruru, Oluno and Walvis Bay prisons complained of having been
beaten by a prison officer.
Some prisoners complained about having to suffer collective punishments. This
happened sometimes, for instance, when one of them left the queue for the
refectory at Oluno prison.
In police stations, the inmates complained that they did not know the rules nor their
rights and of being constantly at the mercy of the whims of the guard. They
complained of being chained or handcuffed for disciplinary reasons (see paragraph
on concerns). If a prisoner seriously breaches the rules of the police station, he may
be sued, and according to the authorities this happens quite frequently.(Ondangwa).
Complaints mechanism
In prison, prisoners may complain and request an audience by means of a logbook
of complaints which usually circulates every morning in each section, or directly to
the Officer in charge. Depending on the kind of complaint, an officer or the Officer in
charge will deal with it, hearing the inmate and taking the necessary measures.
However, a great number of complaints are regarding the officers themselves. Some
prisoners feel that their complaints are not resolved (Omaruru prison), are not heard
(Oluno and Grootfontein prisons), and that staff push the responsibility for decisions
continually on to each other and end up not making any decisions (Walvis Bay
prison). Prisoners at Grootfontein also complained about having been intimidated
and threatened when they complained. Those from Hardap prison stated sometimes
losing their privileges when making a complain and also having to resource to
violence in order to try to be heard.
At Omaruru prison the delegation noted that according to the logbook, there has
been a total of 1590 complaints between 28 May 2001 and September 2002 (date of
the visit), of which 300 were between August 2001 and September 2002. Of these
300, around 80 had been dealt with (i.e., 25%), 20 of which had been resolved (6%).
At Oluno prison, 15 complaints have been entered since the 1St of August 2001, 10
of which were dealt with. The entries do not make it clear if the problems were
solved although the officials assured the delegation that it was the case.
Some inmates complained that their committal order had been mislaid and that
nothing was done about it.
At Walvis Bay prison, some prisoners complained that they had suffered reprisals
(solitary confinement, banning of cigarettes, threats of transfer), were beaten if
complained (suffering insults and racist remarks in particular), or if they refused to
eat their food. A detainee said he had been beaten in August 2001 for having written
a letter to the Ombudsman and he is now afraid it happened again if he tried to
complain again. Another inmate reported serious facts concerning the death of a
prisoner which was at the time being enquired about by the Ombudsman's office,
this enquiry allegedly being the reason for psychological pressure and threats
against him by the staff. The Ombudsman's representative who was present during
the visit promised to take all the necessary measures to protect this prisoner as well
as another witness to the same facts.
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