role a JMO can play in identifying instances of torture and facilitating its prosecution, and more importantly in protecting prisoners from both police and prison officer violence.35 5. Storage of personal property of inmates According to SMR 67, all personal property of an inmate must be placed in safe custody upon admission to prison, an inventory of the property must be signed by the prisoner and steps should be taken to maintain them in good condition. The procedure to be followed on the discharge of the prisoner is found in SMR 67 (2), which provides that upon the release of the prisoner, all property should be returned to the prisoner unless it has been found necessary to destroy property, such as clothes. The prisoner shall sign a receipt for the articles and money returned to him. In national legislation, Section 45 of the PO states that all personal effects of the inmate shall be kept in the safe custody of the jailor.36 Further to this, Section 106 of the SRs imposes a duty on the jailor to ‘see that a description of the clothing and property of every prisoner is entered in a book’. The purpose of the entry must be explained to the prisoner, which he would then sign. This requirement is reinforced by Section 93 of the DSO.37 The procedure in place serves to safeguard not only the property of prisoners but also the staff from allegations that they may have misappropriated property belonging to prisoners. Section 106 of the SRs requires that once the description of the property is entered into a book it must be signed by both the jailor ‘and some other prison officer’. 5.1. Storage of property in practice The manner in which clothing and other property in the possession of the person at the time of admission is to be dealt with is provided in Sections 107, 108 and 109 of the SRs.38 35 For a detailed discussion, please refer chapter The Continuum of Violence. PO No.16 of 1877, s 45. 37 DSO 1956, s 93, ‘the Gate-Keeper shall enter in a Gate book a description of all prison private property belonging to prisoners taken into the prison. On the arrival at the prison… the Prison Gate- Keeper shall call upon [the prisoner] to declare his private property with reference to money, jewelry and other articles of value. It provides that the register must be signed by the prisoner and countersigned by the Fiscal (or Police) officer.’ ● 38 If the aggregate of the conviction is less than three years – it will be bundled and labeled with the prisoner’s name and kept in store. (SRs 107) ● If the aggregate of the conviction exceeds three years – it will be sold at public auction and proceeds credited to public revenue. (SRs 108(1)). The clothing worn at the time release will be provided at government expense. Section 373 of the DSO provides regulations that must be observed in relation to such clothing given at the expense of the public. ● If the clothing brought by an unconvicted prisoner is unclaimed for a period of three months after his release it will be sold at public auction. (SRs 109A). This section provides that private property apart from clothes can be delivered to a friend or relative of a prisoner at the prison gate itself in the presence of the prisoner, the gatekeeper, the jailor and the recipient. 36 46

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