Their story allows us a peep into the guarded secrets that lie beyond the prison walls. Too many atrocities are committed, and the prisoners have no one to turn to for help. The meeting convened by Bakgatla Dikgosi learnt about the fear of one of the remanded people that he could be raped. He had been accosted by one of the prisoners as soon as he entered the cell. His fear illustrates the possibility of rape in jail. Nay, the fact that it happens despite government's denial. The Dikgosi talked about prisoners sleeping packed like sardines. We have always known that prison cells are overcrowded, but to hear that some prisoners sleep next to the toilet because of overcrowding! These prisoners come from families, from the society. They go back to their families and society when they complete their sentences. The idea should not be to break their spirit but to help them become better people and come out of prison to be productive members of their communities. Breaking their spirits will only result in recidivism as many lose their reason to be good citizens. No one is calling for hotel comforts in prison, but we should not lose sight of the fact that prisoners are human too. In fact, among them are those who have been wrongfully convicted - that is why we have courts of appeal. There are also remands, some of whom are really innocent people, but because 'police investigations are continuing' these poor men and women have to endure the inhuman prison conditions. Surely there are better options to sending people to jail.
Too many people are sent to jail when there could be alternatives to incarceration. Too many have to wait for police investigations that can go on forever while they are in remand. We are not saying people should not be remanded. But not every suspect needs to be remanded. Our courts appear just too ready to entertain any request from the police to remand a suspect. Unfortunately, many of those on remand are poor people who cannot afford the high legal fees charged by lawyers. Some end up spending more time in remand than what the courts could have given them if they were found guilty. The situation is made worse if the suspect is acquitted and discharged after spending such a long time in remand. Unfortunately, at that point the damage is already done. The poor suspect's self-worth has been critically damaged and he or she carries the stigma of having been in prison. Should we be surprised when he or she turns to a life of crime? The same could be said about prisoners who are kept long after they have done their time, simply because prison authorities misunderstood the sentence. Prisons should be places of rehabilitation not of hardening people. Inhuman conditions simply harden people. It is inhuman to place people in lice-infected rooms or in any unhygienic situation in jail. Even a person on death row must be treated with dignity. It is our view that in combating crime, the nation needs to look for positive approaches that build hope, responsibility and a sense of belonging. Prisons should be the sentence of last resort, reserved for violent criminals. But these prisoners should not be denied their rights as human beings. People convicted of non-violent crimes should be put in other programmes such as community service and restitution and not be sent to prisons that are already overcrowded. We urge government to ensure that prison conditions are humane and hygienic. Heat, light, exercise, clothing, nutrition, libraries, and personal safety should be part and parcel of the rehabilitation effort.
