Special Rapporteur about the facility. A question and answer session is allowed for
clarification.4
After this meeting the Special Rapporteur together with the prison authorities visit the
facilities. The Special Rapporteur asks questions to the authorities as and when necessary and
makes on-the-spot recommendations on matters she deems are not proper and are within
the powers of the authority to correct. At the end of the inspection, the Special Rapporteur
addresses the inmates in the presence of the authorities, and later asks the authorities to
leave the meeting so she can have a private meeting with the inmates.
Because of the large number of inmates in all the facilities, and in some cases for security
reasons, it was not possible to address all the inmates. The Special Rapporteur asked the
inmates to select from among themselves those they would like to meet with her to discuss
their grievances. During this close door meeting, the Special Rapporteur informed the
inmates of the necessity to be frank and to speak on their conditions of detention. It was
during such meetings that the Special Rapporteur collected information about the general
conditions of detention in the facility and compared it with the information that the
authorities had provided during her meeting with them.
After this meeting, the Specfial Rapporteur held further meetings with the authorities to give
a “report back” of her meeting with the inmates. During this second meeting with the
authorities preliminary recommendations were made to the head of the facility on issues
within their capacity to handle. It was also discovered during these meetings that the head of
the facilities were unaware of some of the problems raised by the inmates, such as assault,
officers smoking in front of juveniles, poor quality of food, etc.
After visiting all the detention facilities and meeting with all the institutions, the Special
Rapporteur, usually on the last day of the visit holds another “report back meeting” with the
high ranking officials. In this meeting, the Special Rapporteur presented her preliminary
findings and observations on the detention facilities in the country and made preliminary
recommendations, especially on matters that needed urgent attention. A press conference is
usually held to inform the public of these preliminary observations.
The Special Rapporteur then prepares her final report which is submitted to the African
Commission on Human and Peoples’ Rights for adoption. The report is sent to the
government for its comments. The report is them published together with the government’s
comments and distributed widely to NGOs, donors, the AU, UN Agencies and other
interested parties.
4
The Special Rapporteur is at liberty to change the programme and visit any facility she chooses.
For example, following meetings with some NGOs and comments about the Stanger Prison, the
Special Rapporteur decided to visit the latter even though it was not in the programme.
12
Special Rapporteur on Prisons
Mission to South Africa
14 – 30 June 2004
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