State of Police cells is criminal: report

APPALLING conditions at Police holding cells and prisons countrywide cannot be addressed unless the number of inmates is reduced, a report by the office of the Ombudsman suggests.

Toilets located inside sleeping quarters, some broken beyond repair, detainees left without soap for weeks and insufficient medical personnel at Police cells were just some of the findings of Ombudsman John Walters, which are detailed to the National Assembly in a just-released report. Walters visited Police cells in 11 of the country’s 13 regions during August and September, after a Windhoek magistrate in May released a prisoner on bail following a complaint by the accused that conditions at the Wanaheda Police cells were inhumane and contravened the Namibian Constitution.In many of the cells across the country, windows have been sealed with steel plates, which block out natural light and air circulation – a situation made worse by the fact that cells sometimes hold twice the number of detainees they were designed for.”One needs to constantly remind oneself that Police holding cells are intended for short detentions (ideally 48 to 72 hours at the most) only”, the report states – later revealing that some trial-awaiting prisoners have been in these cells for as long as three years.The longest detained prisoner at Wanaheda, for example, has been held there since January 30 2003, after allegedly being caught selling dagga.These long detentions have led to most Police stations being understaffed, the Ombudsman says, as Police officers now find themselves performing the tasks of prison wardens, looking after the needs of inmates as well as performing their normal Police duties.”Bearing in mind (that Police cells were intended for short detentions only,) as well as the problems experienced by Police officers in having to deal with long detentions, the question begs whether it would serve the purpose to renovate, modernise or, in the worst-case scenario, rebuild holding cells in such a manner that they should continue to cater for long detentions and overcrowding,” the report suggests.”Or should one rather try and root out the causes of long detentions and overcrowding, and then focus on renovating all holding cells across the country which are in need thereof with a view to keep it habitable from thereon forward,” Walters continues in his recommendations.While overcrowded cells can be attributed to an increase in crime, Walters adds that more can be done to keep prison populations in check.The finalisation of court hearings is often delayed because relevant case documents are stolen or are lost, because there is no transport to take the accused to court, because of the unavailability of a magistrate, or because witnesses do not come to court on scheduled days.”Even prisoners granted bail remain in the cells because they are either too poor to pay bail, or they are unable to contact relatives who would be able to do so,” the report states.Walters added that some people detained for petty crimes did not need to be imprisoned, but could rather be released on their own recognisance.”Often we were informed that people released without bail would just go out and commit other crimes.This means that we keep people detained to prevent them from committing more crime, which should not be the case,” Walter notes.He suggested that the Ministry of Works, Transport and Communications produce a prioritised plan of action for either the renovation, abolition or rebuilding of Police cells “as a matter of utmost urgency”.The Wanaheda Police station, which is designed to hold 170 detainees, was holding 276 trial-awaiting prisoners at the time of the Ombudsman’s visit.Other overcrowded stations include Gobabis, where 123 detainees were crammed into cells built for 60 people, and Outapi, where 189 prisoners were kept in cells designed to hold 70.The Ombudsman’s report also highlights complaints about the quality and quantity of food, holding cells at Grootfontein that cannot be locked, and the conditions of female detainees being held at Wanaheda.In the latter case, Walter recommended that the female detainees be transferred to the women’s section of the Windhoek Central Prison.The women, he said, were being detained “like sardines with no natural light or air flow”, a situation which “should not be allowed to continue for a day longer”.Walters visited Police cells in 11 of the country’s 13 regions during August and September, after a Windhoek magistrate in May released a prisoner on bail following a complaint by the accused that conditions at the Wanaheda Police cells were inhumane and contravened the Namibian Constitution.In many of the cells across the country, windows have been sealed with steel plates, which block out natural light and air circulation – a situation made worse by the fact that cells sometimes hold twice the number of detainees they were designed for. “One needs to constantly remind oneself that Police holding cells are intended for short detentions (ideally 48 to 72 hours at the most) only”, the report states – later revealing that some trial-awaiting prisoners have been in these cells for as long as three years. The longest detained prisoner at Wanaheda, for example, has been held there since January 30 2003, after allegedly being caught selling dagga.These long detentions have led to most Police stations being understaffed, the Ombudsman says, as Police officers now find themselves performing the tasks of prison wardens, looking after the needs of inmates as well as performing their normal Police duties.”Bearing in mind (that Police cells were intended for short detentions only,) as well as the problems experienced by Police officers in having to deal with long detentions, the question begs whether it would serve the purpose to renovate, modernise or, in the worst-case scenario, rebuild holding cells in such a manner that they should continue to cater for long detentions and overcrowding,” the report suggests.”Or should one rather try and root out the causes of long detentions and overcrowding, and then focus on renovating all holding cells across the country which are in need thereof with a view to keep it habitable from thereon forward,” Walters continues in his recommendations.While overcrowded cells can be attributed to an increase in crime, Walters adds that more can be done to keep prison populations in check.The finalisation of court hearings is often delayed because relevant case documents are stolen or are lost, because there is no transport to take the accused to court, because of the unavailability of a magistrate, or because witnesses do not come to court on scheduled days.”Even prisoners granted bail remain in the cells because they are either too poor to pay bail, or they are unable to contact relatives who would be able to do so,” the report states.Walters added that some people detained for petty crimes did not need to be imprisoned, but could rather be released on their own recognisance.”Often we were informed that people released without bail would just go out and commit other crimes.This means that we keep people detained to prevent them from committing more crime, which should not be the case,” Walter notes.He suggested that the Ministry of Works, Transport and Communications produce a prioritised plan of action for either the renovation, abolition or rebuilding of Police cells “as a matter of utmost urgency”.The Wanaheda Police station, which is designed to hold 170 detainees, was holding 276 trial-awaiting prisoners at the time of the Ombudsman’s visit.Other overcrowded stations include Gobabis, where 123 detainees were crammed into cells built for 60 people, and Outapi, where 189 prisoners were kept in cells designed to hold 70.The Ombudsman’s report also highlights complaints about the quality and quantity of food, holding cells at Grootfontein that cannot be locked, and the conditions of female detainees being held at Wanaheda.In the latter case, Walter recommended that the female detainees be transferred to the women’s section of the Windhoek Central Prison.The women, he said, were being detained “like sardines with no natural light or air flow”, a situation which “should not be allowed to continue for a day longer”.