Friends Against Sexual Abuse: briefing

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
13 October 2004
FRIENDS AGAINST SEXUAL ABUSE: BRIEFING

Chairperson:

Friends Against Abuse briefing - "Stop Male Rape"

SUMMARY
Friends Against Abuse presented on the common practice of male rape within the prison system. Their experience was based on Pollsmoor prison but male rape was prevalent in all jails across the country. Currently it was '99.9% guaranteed' that an inmate would be violated or abused en route to prison. Male rape was linked to gang activity within prisons as a form of initiation and as a method of carrying drugs into prisons. Contributing problems included prison overcrowding, lack of adequately trained staff, the complicity of the South African Police Services and the staff's lack of control. The presentation explained the effect of male rape on prisoners in the system and after release. Male rape not only occurred in prisons, but in holding cells, courts and police stations with the complicity of police officers. Friends Against Abuse presented seven steps for safer prisons. Members expressed concern about young offenders, inmates awaiting trial and female prisoners.

MINUTES

Friends Against Abuse briefing
Mr E Johnson (Member) explained the current situation regarding the prevalence of male rape in prisons. He highlighted the problems adding to the practice as overcrowding, the strain on staff Members and gang activity. He explained the different ways and reasons for which male rape occurred. The effects on prisoners within in the system and once released was discussed. He presented the primary and secondary goals of FAA, the challenges ahead and seven steps to ensure safer prisons.

Discussion
Mr J Selfe (DA) referred to the challenge to 'mobilise' for the enactment of equitable legislation in respect of male rape that occurred with the complicity of Department staff? What needed to happen to minimise this?

Mr Johnson confirmed that male rapes were occurring in police holding cells. Accounts had been given that policemen could hear those being raped but were turning a blind eye. He clarified that DCS staff did not have access to prisoners in holding cells and police stations. He added that youths were also being raped in holding cells. He apportioned blame by saying that some policemen were passing on drugs to experienced prisoners in holding cells thus facilitating the abuse.

Mr Selfe asked about the challenge of how we run prisons. He wanted to know in what ways the changes should be made to minimise rape cases like putting potential rape victims in a single cell. How could they run prisons effectively to minimise the risk in prisons?

Mr Johnson said that there were indeed challenges to improve the prison system and creative innovative thinking was needed for this. Currently prisoners spent 23 hours in their cells with the cells being locked at 4 pm. It was an enormous process to gain access after 4 pm and added to this after this time there was minimal staff on duty. Currently after 4 pm there was 1 staff member per section of about 300 prisoners. That meant the roughly 900 to 1200 prisoners were being served by 3 members of staff. He suggested that the night staff member be given quicker access into the cells so that if a prisoner makes an alarm the staff member could respond. He gave the example of gang fights after hours and because it was such a huge process to get access the fight had usually stopped by the time they had arrived. Video cameras in cells would also assist the problem. The problem had to be looked at innovatively.

Mr N Fihla (ANC) commented that it looked like people were dumped and forgotten in prison. The question of abuse not only affected prisoners but also those awaiting trial, which meant that a person was being abused before being sentenced. Isolation needed to occur between awaiting trial prisoners and returning prisoners in prisons and police stations. First-time offenders should be segregated in sections and a system of educating them should be put in place. He mentioned St Albans where prisoners were requesting to be separated from gangsters. This system could win over youth and first-time offenders. He understood that authorities did not have the structure to accommodate sections but this was something that should be worked towards and standardised in the future.

Mr Johnson agreed that prisons were a dumping ground. Correctional services had no say in who came to prison or not. He said that more experienced members and members of gangs were perpetrating rape crimes. An added problem was the fact that there was no provision of professional services for awaiting trial offenders. Services were more readily available to sentenced prisoners. That meant that FAA did not have access to awaiting trial prisoners. The members of FAA were able to create informal relationships with sentenced prisoners. This was a grey area, which needed to be looked at. The same services needed to be available to awaiting trial prisoners.

Mr Fihla commented that the youth were greatest victims in the current system.

Mr Johnson said that the exact same practice was happening amongst the youth. Youth were segregated from adult prisoners but the same scenario was being replicated in juvenile prisons. An added problem was that youth were raising their ages in order to be placed with their accomplices because they promised them protection. Older prisoners were also present in the juvenile section. Correctional services had no way of determining the correct age of offenders. He said that attitude was also a factor when dealing with obvious incorrect age. It would be a major achievement if there was segregation at another venue to experienced offenders but the structure did not allow for that.

Mr Bloem asked if FAA concentrated their work on Pollsmoor. He wanted to know what was happening in the 241 prisons around the country. Why was FAA not focusing on other parts of the country?

Mr Johnson explained that FAA was started 4 years ago by full time staff at Pollsmoor hence the focus on that prison. They had received calls from other provinces about this issue and FAA had made presentations at public forums. It was clear that the problem of male rape was a national one.

Mr Bloem asked if the calls had been from inmates or colleagues.

Mr Johnson said that the calls had been from inmates, social workers, nongovernmental organisations and spiritual groups. It had been painful to hear from inmates who had admitted to being raped but there was nothing that he could do for them because of geographical difficulties and being fulltime at Pollsmoor. They had concentrated in Pollsmoor in the adult and juvenile section. The biggest challenge was the attitude change towards male rape. Currently the committee was made up of 3 staff members and the prison committee made up of inmates. The prison committee was problematic because they had no control over transfers and releases and thus they had to constantly retrain staff. There was a dream to have FAA in all prisons but there were resource implications and full time employment restrictions. The cost implications included the need to provide counselling and legal services for 'survivors'. FAA was about to register as a nongovernmental organisation.

Mr Bloem also raised the issue of female prisoners and what was happening in their section.

Mr Johnson said that rapes occurred in this section.

Mr Bloem wanted to know how many.

Mr Johnson said that he was not sure because FAA focused on male rape because there was sufficient help for women but there was none for men.

Mr Bloem asked what help there was for women.

Mr Johnson said that there were organisations such as Rape Crisis and Rapcan which focused on the rape of women. There were many nongovernmental organisations that focused on women. There were no organisations that focused on the rape of men. He pointed out that many men had been released who had been raped but had received no assistance. FAA was not insensitive to the practice and they were willing to collaborate with other organisations. He admitted that he had read an account of a female prisoner being raped by female prisoners.

Mr M Phala (ANC) said that when a person was arrested they had to be identified first. The question of age was meant to be sorted out by looking at the identity document. This had to be dealt with thoroughly. The records were there to assist with age clarity. Mr Phala also wanted to know about FAA's work across the country. He then asked if FAA had made presentations to other departments as well. Had recommendations been made to the Minister?

Mr Johnson emphasised that DCS had no say, control or input at police stations. Many people were brought to court with no identity documents. It was convenient for criminals to have no identity documents. Many prisoners operated under many different aliases because there was no proof established through identity documents. SAPS were not making an effort to establish the correct age of criminals. In their recommendations they had said that they were willing to work with anyone to remedy the scourge that was affecting society.

Mr Fihla said that there had to be a vision of what the solution must be. He said that male rape in prisons had implications for rape in society when these men were released. He said that the Committee should look at the examples of other countries. He mentioned the United Kingdom and Denmark, which allowed conjugal rights, contact visits and weekend visits. He said that it was not right for men to be separated from women. This artificial environment led to these problems. The solution was to normalise the environment allowing prisoners to be human beings by allowing the families to stay together.

Mr Johnson agreed that rape was a problem in society. They had to look at homosexuality, sodomy and rape because they were not the same thing. FAA believed that no person regardless of sexual preference should be subjected to rape. Mr Johnson said that he personally supported conjugal rights. Access to partners could reduce the tension in prisons. The knowledge that access to partners could be removed would encourage improved behaviour. This could also reduce tension in female prisons.

Ms L Albertse also agreed that conjugal rights could have benefits. She implored the Committee not to overlook the role of the gang called the 28's in prisons. Part of the initiation to be allowed to be part of the gang was to rape. The rituals of this gang needed to be looked at and dealt with.

Mr S Moatshe (ANC) said that he appreciated the work of FAA. He wanted to know if 'Daai Ding' (pg 4) was a book and was it accessible?

Mr Johnson explained that 'Daai Ding' was research conducted by Gear. The research was freely available. The research partner was K Ngubeni, a former prisoner himself. The research is confined to the Gauteng area but gives accurate insight into what is happening in prisons all over the country.

Mr Moatshe asked about the structure of FAA, what the mission and vision was and how it worked.

Mr Johnson said that there was no command structure in FAA. The 3 members of staff worked on Saturdays and Sundays because they were full-time staff. There was always 1 member from the prison committee at the admissions centre. Their interaction with prisoners was consultative and advisory. They had no power so they could only advise.

Mr Moatshe wanted to know about inmates being raped in transit. The Member wanted to know if inmates were checked at admissions for 'pokers'. How were prisoners who had been raped identified? If this was caught at admissions the victims could be diverted to other areas.

Mr Johnson explained that when inmates were brought into Pollsmoor and they disclosed what had happened to them or they were suspected as having been raped then the inmates were immediately segregated. They were then taken to hospital for the removal of the 'poke' and then they were taken to lay a charge. The complaint was then channelled to the police. There had been very little support from SAPS in processing the complaint and in court. The two cases that had gone ahead resulted in one conviction and one still in the pipeline. Over time there would be greater input in primary assistance to the rape victim. Regarding prisoners in transit FAA did have a presence at admissions. This was made up of 3 members of the prison committee. These members would scrutinise inmates to identify those that looked vulnerable. This would in some cases lead to disclosure. He said that it was important the DCS staff started doing the job that they were being paid to do. It was their responsibility to admit and secure prisoners.

Mr Bloem asked what a 'poke' was?

Mr Johnson explained that it was 'buttons', drugs or dagga rolled into a cylindrical form approximately the size of a Dina Zombie 340 ml glass wrapped in plastic. When inserted there was no concern for lubrication by heartless gangsters who forcibly insert these things.

Mr L Chikunga (ANC) asked how they dealt with prisoners that contracted HIV/AIDS from being raped (p 6). What procedures were followed to get to that conclusion? He also wanted to know if this was specific to Pollsmoor or it was the general picture.

Mr Johnson explained that they had dealt with a few prisoners who were HIV positive. There was no compulsory testing so staff did not know the status of prisoners prior to admission. The inmates had been raped and after medical assistance it is discovered that they are positive. FAA can only provide moral support. He called on partners to assist. He clarified that the findings of FAA were focused on Pollsmoor. FAA was not recognised by staff. The same thing was happening in other prisons although there was no tangible or concrete evidence.

Mr S Mahote asked what powers FAA had and where were their recommendations taken. What action was taken against a warder that raped a prisoner? What recommendations could FAA give for overcrowding? The Member recommended that regarding the abuse in holding cells presentations should be given to the Safety and Security Committees.

Mr Johnson explained that FAA had no power. They only rendered support and advice. He said that DCS had their own disciplinary code. Thus if staff abused inmates in any way it was dealt with by the disciplinary code. He pointed out that a prisoner could be abused but the environment in prison did not allow for the victim to speak out. There were many different ways and means to silence someone in that environment. Usually FAA found out information second hand. Fellow prisoners were disclosing what had happened to other prisoners. Mr Johnson said that they would love to present to other Committees but they had constraints. They had received support from the Wynberg Magistrates Court.

Mr Bloem closed the meeting by saying that the Committee took the issue of male rape very seriously after a visit to Pollsmoor and interactions with survivors. This issue was not something new but it had to be treated and a solution had to be found. He said that the Office of the Inspecting Judge had to deal with complaints and treatment of prisoners. The Inspecting Judge had to deal with male rape. FAA had opened the eyes of the Portfolio Committee. FAA was invited to join the Portfolio Committee on a visit to the juvenile section at Pollsmoor. They had to look at means and ways to expand and broaden the scope of the work being done to the 241 prisons around the country. He agreed that overcrowding was a serious problem and added to the problem. He noted the important role that FAA was playing.

The meeting was adjourned.