Violence in prison includes physical and verbal abuse, as well as intrusive body searches,
which are not undertaken with respect for the personal dignity of prisoners. Perpetrators of
such conduct very often go unpunished and there is no intervention or break in the cycle of
violence. This is likely due to the government and social narrative which considers prisoners
as “undesirables” who are deserving of punishment, by virtue of the crime they have
committed, and hence violence inflicted on offenders does not cause a public outcry. Since
the use of violence is viewed as the primary means of maintaining order within the prison,
prison officers appear to believe that it is imperative to establish a dynamic of power to
subdue inmates, and punish any resistance. It was noted that violence is primarily inflicted
on persons from lower socio-economic groups who are unable to stand up to authorities, and
whose ill-treatment in prison goes unnoticed in the public domain.
An overhaul of the entire penitentiary system is required to cause a shift from the mentality
of retribution to rehabilitation and correction, and is dependent on political will and the
allocation of resources. Officers require training in non-violent means of restraining
prisoners and maintaining order, as well as human rights, to improve their understanding
and capacity to perform correctional services/functions.
Part VII: Alternatives to Incarceration
25. Alternatives at the Sentencing Stage
The use of non-custodial measures instead of incarceration is a shift from a punitive
approach to restorative and rehabilitative policies, thereby reducing the burden of
overcrowding and its associated problems on the prison system. The national legal
framework on non-custodial measures comprises three main programmes:
25.1. Community Based Corrections
When imprisonment for an offence is not mandatory or does not exceed two years, a
correctional order may be imposed instead of a prison sentence. A court would issue a
correctional order best suited to the offender, which could include conditions, such as the
requirement to undergo rehabilitation in the case of drug offenders, community work or
supervision.
However, presently there is a serious underutilization of Community Based Corrections in
the criminal justice process, which limits its success. One reason for this, as informed to the
Commission, is the reluctance of judges to call for pre-sentencing reports which causes a
prolongment of the case, while imprisonment is viewed as a quicker way of concluding the
case. Also, the lack of awareness of what Community Based Corrections entails, and the
mentality that offenders require punishment rather than rehabilitation, are reasons there
appears to be an inherent bias against Community Based Corrections.
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