GENERAL CIRCULAR ON DEALING WITH ELECTRONIC COMPLAINTS
CHANGING OF CATEGORIES OF COMPLAINTS
We recently identified a need to refine the statistical information generated from the complaints and monthly reports received from Independent Prison Visitors. We have found that some of the categories we are presently using do not provide us with adequate information about trends that may exist and exclude certain important categories.
Subsequent to consultations with Independent Prison Visitors at the recent IT conferences in the Free State, Gauteng, North West and Western Cape, it was therefore decided that complaints will be recorded in the following categories in future:
·
Appeal
·
Assault (Inmate on Inmate)
·
Assault (Member on Inmate)
·
Bail
·
Communication with Families
·
Conditions
·
Confiscation of Possessions
·
Conversion of sentences
·
Corruption
·
Food
·
Health Care
·
Inhumane Treatment
·
Legal representation Medical Release
·
Other
·
Parole
·
Remission
·
Rehabilitation programs
·
Transfer
The following definitions will serve as a guideline to facilitate a common understanding of each category of complaint.
Appeal
Where a prisoner has already been sentenced and he is disputing his conviction or sentence.
·
When a prisoner has already lodged his appeal, but is not receiving any feedback.
Assault (Inmate on Inmate)
When a prisoner was assaulted by a fellow inmate.
Assault (Member on Prisoner)
·
When the prisoner reports an assault by members of DCS.
·
This category does not include assaults by SAPS. Assaults by SAPS should be
lodged under "Other".
Bail
·
When an unsentenced prisoner requests to apply for bail.
·
When bail was granted to a prisoner, but can not be paid.
Communication with Families
·
Where a prisoner has lost contact with his family and requests assistance in finding
them.
·
When a prisoner was transferred to another prison and requests to inform his family.
Conditions
·
All complaints about the prison environment e.g. Structure, beds, bedding, windows,
toilets etc.
Confiscation of Possessions
All complaints about the confiscation of a prisoner's private possessions e.g. Clothing, money etc.
Conversion of sentences
·
THIS IS NOT PAROLE
·
Section 276 of the Criminal Procedure Act provides for the conversion of certain
sentences into Correctional Supervision after serving a portion thereof. The Parole
Board then considers these prisoners for referral back to court for the conversion of
their sentences to Correctional Supervision. The sentence is not converted by the
Parole Board, but by the court and the Parole Board has the discretion to decide if a
prisoner is suitable for referral back to court.
Corruption
·
This category provides for all allegations of corruption against Correctional Officials.
Food
·
All complaints about the quality and quantity of food prisoners receive.
·
This also includes complaints about medical and other special diets.
Health Care
·
When a prisoner complains about a lack of medical care or lack of access to medical
personnel.
·
Allegations of poor quality of medical care.
·
When a prisoner is not satisfied with the medical treatment he is receiving.
Inhumane Treatment
·
Any complaint about abuse by members of DCS (excluding assault).
Legal representation
All requests for legal representation.
Medical Release
·
Prisoners who are terminally ill can be considered for release on medical grounds.
This category will include all complaints about such procedures.
Other
·
All complaints that do not fit into any of the specified categories. Complaints that fall
outside of our mandate.
Parole
·
All complaints about the parole process.
·
When a prisoner disputes the withdrawal of parole.
Remission
·
Correctional Services B Order provides for prisoners who displayed meritorious
behaviour (e.g. Preventing an escape) to be compensated through remission of
sentence. This category will include all complaints about such processes.
Rehabilitation programs
·
When prisoners allege that rehabilitation programs are not offered. When a prisoner
requests to be included in a rehabilitation program
Transfer
·
When a prisoner was transferred against his will. When a prisoner requests to be
transferred to another prison.
These new categories will be implemented on 1 July 2003.
With kind regards.
JUDICIAL INSPECTORATE OF PRISONS
CAPE TOWN
9 June 2003.