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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