DOC/OS(XXXIII)/324c/I
33
Prisoners also have the right to lodge complaints against the police and demand
reparations. The NGO Legal Assistance Centre helps prisoners deal with these
matters and gives them legal assistance. Some prisoners say that they are always
prevented by the staff from exercising this right (Walvis Bay).
Prisoners have the right to appeal against their conviction, but many complained
about the slowness of this procedure and about the lack of legal assistance.
The inmates can also write to the Ombudsman's office or meet his representatives
when they visit prisons. However, many complained that their letters did not always
reach the Ombudsman and were secretly censored to see if they contained
information regarding prison staff (Walvis Bay). The inmates also complained about
the administration staff listening in on their meetings with the representatives of the
Ombudsman (Walvis Bay, Mariental).
In police stations, prisoners have in theory the right to transmit their complaints to
the officer in charge via a complaints logbook. However, at Rundu police station, for
instance, the delegation found that hardly any complaints had been entered for
several months, and that the logbook only mentioned the day, each team of guards
and the fact that there was "nothing to report". Yet, when listening to prisoners, the
Special Rapporteur came across numerous complaints and recriminations,
particularly with regards to food, the absence of visits, living conditions, etc. Many
inmates said that they were not allowed to complain to the police officers (Walvis
Bay police station), that the complaints were ignored (Grootfontein) and of being
threatened with reprisals (transfer to solitary confinement) by prison officers on duty
if they complained or spoke to the Special Rapporteur (Mariental).
Relationship with staff and between prisoners
There are major differences in training and knowledge of the prison law, behaviour,
management and concept of prisons within the prison corps. Some of the prison
staff were already doing these jobs before the country's independence in 1990. The
others were recruited when the Ministry of Prisons was created and underwent a 3months training course. In the year 2000, 500 veteran soldiers were recruited by the
prison administration. These people do not always have a vocation for the task, but
are simply looking for a job and are not very motivated to do this kind of work. There
is no continuous training system or recycling courses. There are specific courses in
management and human rights for the administration executives. Some international
organisations such as the International Committee of the Red Cross (ICRC) or the
United Nations also organise short traineeships in human rights issues,
humanitarian rules in relation to detention and staff behaviour. The budget allocated
for training is NAD 800,000 (which currently includes the construction of a new
training centre in Omaruru). The minimum level of education required to integrate
the prison corps is grade 10. Monthly wages6 for prison guards is in the order of
NAD 2,500, for prison directors it may vary between NAD 6,000 and 12,000 and for
Commissioners is around NAD 18,000.
Generally, the delegation heard few allegations of physical ill treatment of prisoners
by higher level prison staff in the prisons visited. However, the situation is different
as far as prison guards in particular are concerned. Some of these are veteran
soldiers and/or lack the necessary qualifications for their job. They often speak
Afrikaans or Oshiwanbo and very little English, which is a problem when
communicating with the prisoners. Others are rather resistant to change and
6 The minimum salary in Namibia varies from 400 to 600 NAD, but does not include benefits
in kind.
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