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Showing posts with label Jail. Show all posts
Showing posts with label Jail. Show all posts

Thursday, 11 June 2020

Warders allegedly kill inmate during Swaziland prison riot

An inmate at a prison in Swaziland (eSwatini) was allegedly killed by warders during a riot involving gang members.

It happened on Tuesday night (9 June 2020) at the Sidwashini correctional facility in the Swazi capital Mbabane.

The dead man was 25 years old and serving a three-year sentence for grievous bodily harm and another three-month sentence for malicious damage to property.

The Times of eSwatini reported that the man allegedly died at the hands of prison officers. This has not been confirmed by prison authorities.

In a statement His Majesty's Correctional Services said there had been a riot and members of a group known as the 28 Gang attacked non-gang members. Prison officers intervened and prisoners threw missiles at them, including water taps and pipes. Officers used batons to protect themselves.

The statement said, ‘Some of the inmates sustained injuries as they stumbled on each other during the scuffle with one inmate later succumbing to death having being taken to Mbabane Government Hospital.’

The poor conditions at Sidwashini were highlighted in April 2019 in testimony from a former inmate. The 27-year-old prodemocracy activist charged with terrorism offences in the kingdom ruled by absolute monarch King Mswati III, reported being ‘beaten and tortured’. 

He spent four years at Sidwashini before a judge acquitted and discharged him in 2014.

The man’s experience was reported by Prison Insider, which publishes testimonials from people who have been or are currently in prison. 

The former inmate who was not named said, ‘I shared a cell with about 35 to 40 other prisoners, it was packed beyond its capacity, overcrowded as is the case with prisons here. The only furniture in the cell were our thin sleeping mats and blankets, separated with only about 30-centimetre space between each of them. The windows in the cells were so high up, prisoners could only see the outside of the cell by climbing onto a support, for example several blankets piled up.’

In September 2018 Swaziland’s Correctional Services revealed that the total prison population in the kingdom was 3,453, which exceeded the prison system’s designed capacity by 615 inmates.  

The former inmate said, ‘In Swaziland, untried prisoners are kept under lock 24 hours a day. We did not have the luxury of going out like the convicted prisoners. It was extremely mentally challenging to be locked up all day.’ 

He said inmates were kept in unheated cells, even during freezing weather. Breakfast was thin maize porridge four times a week and bread with black tea three times a week. 

Prisoners were counted by warders three times a day. ‘The humiliating part about the counting was that we were forced to squat in rows of five.’

The former inmate said, ‘Some mornings were disrupted by random searches. This experience was humiliating, lots of verbal and sometimes physical assaults. I saw prison officers severely assault and humiliate fellow prisoners during night searches. They took the unlucky ones to the isolation cells, where they were beaten and exposed to further degrading treatment.’

There have been other reports about poor conditions at Sidwashini. In December 2017 a suspect told a magistrate that inmates there were ‘frequently assaulted’.

The Swazi Observer reported at the time the suspect whom it only named as Masuku, ‘said he suffered bruises on his body due to the heavy beating he was subjected to by the officers’.

In January 2018 there were reports of disturbances in jails in Swaziland with inmates accused of brutality against warders. It was reported that new inmates had formed gangs and warders from jails across the kingdom had been moved to two institutions at Sidwashini and Bhalekane to increase security.

There were at least two incidents where inmates rioted because they were served with poor food. These were at Sidwashini and Bhalekane. 

At Sidwashini, media in Swaziland reported, untrained warders were sent in to help restore peace. At Bhalekane one warder had to be taken to hospital after an alleged attack.

In 2017 the United Nations Human Rights Committee (HRC) stepped up investigations into prison conditions in Swaziland amid reports of inhumane conditions. They included food shortages, inadequate sanitary conditions and medical care.

See also

Jail disturbances across Swaziland
Swazi jail riot over no bread
Probe into corruption at Swazi jail

Wednesday, 8 May 2019

Prisoners in Swaziland jail face beatings and humiliation from warders, former inmate reports

Prisoners in jails in Swaziland / eSwatini routinely face illegal beatings from warders and constant humiliations, according to testimony from a former inmate at Sidwashini Correctional Facility.

The 27-year-old, a prodemocracy activist charged with terrorism offences in the kingdom ruled by absolute monarch King Mswati III, reported being ‘beaten and tortured’. 

He spent four years at Sidwashini, in the Swazi capital Mbabane, before a judge acquitted and discharged him in 2014.

The man’s experience was reported by Prison Insider, which publishes testimonials from people who have been or are currently in prison. 

The former inmate who was not named said, ‘I shared a cell with about 35 to 40 other prisoners, it was packed beyond its capacity, overcrowded as is the case with prisons here. The only furniture in the cell were our thin sleeping mats and blankets, separated with only about 30-centimetre space between each of them. The windows in the cells were so high up, prisoners could only see the outside of the cell by climbing onto a support, for example several blankets piled up.’

In September 2018 Swaziland’s Correctional Services revealed that the total prison population in the kingdom was 3,453, which exceeded the prison system’s designed capacity by 615 inmates.  

The former inmate said, ‘In Swaziland, untried prisoners are kept under lock 24 hours a day. We did not have the luxury of going out like the convicted prisoners. It was extremely mentally challenging to be locked up all day.’

He added, ‘You would find yourself at the verge of crying due to the very cold condition, only the fear of being embarrassed for shedding tears in public could hold you back.’

He said inmates were kept in unheated cells, even during freezing weather. Breakfast was thin maize porridge four times a week and bread with black tea three times a week. 

Prisoners were counted by wardens three times a day. ‘The humiliating part about the counting was that we were forced to squat in rows of five.’

The former inmate said, ‘Some mornings were disrupted by random searches. This experience was humiliating, lots of verbal and sometimes physical assaults. I saw prison officers severely assault and humiliate fellow prisoners during night searches. They took the unlucky ones to the isolation cells, where they were beaten and exposed to further degrading treatment.’

The former inmate said, ‘Finally, when the judge acquitted and discharged me, I was elated. I shall always cherish the day I was released from prison. Those emotions and feelings are still fresh in my memory. I do not think they will ever fade away. I was freed from perpetual pain and humiliation.’ 

There have been other reports about poor conditions at Sidwashini. In December 2017 a suspect told a magistrate that inmates there were ‘frequently assaulted’.

The Swazi Observer reported at the time the suspect whom it only named as Masuku, ‘said he suffered bruises on his body due to the heavy beating he was subjected to by the officers’.

In January 2018 there were reports of disturbances in jails in Swaziland with inmates accused of brutality against warders. It was reported that new inmates had formed gangs and warders from jails across the kingdom had been moved to two institutions at Sidwashini and Bhalekane to increase security.

There were at least two incidents where inmates rioted because they were served with poor food. These were at Sidwashini and Bhalekane. At Sidwashini, media in Swaziland reported, untrained warders were sent in to help restore peace. At Bhalekane one warder had to be taken to hospital after an alleged attack.

In 2017 the United Nations Human Rights Committee (HRC) stepped up investigations into prison conditions in Swaziland amid reports of inhumane conditions. They included food shortages, inadequate sanitary conditions and medical care.

In a wide-ranging questionnaire to the Swaziland Government the HRC asked for detailed information about the number of existing prisons in the kingdom, prison capacity and the number of inmates and whether there were separate facilities for adults and children. It also asks what plans Swaziland had to ratify the Convention against Torture and Other, Cruel, Inhuman or Degrading Treatment or Punishment.

In 2014 it was reported that more than 1,000 people were in jail in Swaziland because they were too poor to pay fines for offences such as traffic violations, theft by false pretences, malicious injury to property and fraud. 

The figures revealed that in Swaziland, where seven in ten people live in abject poverty with incomes less than the equivalent of US$2 per day, 1,053 of 3,615 inmates in Swazi jails were there because they did not have the money to pay a fine option. This was 29.1 percent of the entire prison population.

See also

Jail disturbances across Swaziland
Swazi jail riot over no bread
Probe into corruption at Swazi jail
https://swazimedia.blogspot.co.uk/2017/07/probe-into-corruption-at-swazi-jail.html

Wednesday, 12 September 2018

‘Mentally Challenged’ Man In Swaziland Jailed 10 Months For Stealing Bottles Of Alcohol, He Couldn’t Pay His Fine

A man described as ‘mentally challenged’ was jailed for ten months in Swaziland for stealing alcohol from a bottle store after it had closed for the night.

Ntokozo ‘Early Bird’ Ndzimandze, aged 34, appeared before National Court President Chief Ndlondlo Tsabedze charged with theft.

The Swazi Observer newspaper reporting from Siteki on Monday (10 September 2018) said, ‘When the charge sheet was read to him, he pleaded guilty with a big nod and a notable smile on his face.’

It reported Ndzimandze had broken into the store and was found ‘drowning himself in booze’. He said he had accidently been locked in by a bar worker.

The Observer said during cross examination Ndzimandze ‘sent the gallery into stitches when he made reference to a mouse which could be mistakenly left inside a storeroom full of maize.

 ‘“How would you expect a mouse to behave if you mistakenly left it inside a maize storeroom?” he asked, as he appeared to be expecting a response.’

He was sentenced to 10 months in jail with the option to pay a fine of E1,000. In Swaziland seven in ten people live on incomes less than E30 a day.

The Observer reported he was taken to Big Bend correctional facility as he failed to pay the fine.

The newspaper reported, ‘The judgement has been criticised by some law practitioners who pointed out that the accused was known to be mentally challenged as he normally roams around the town centre, scavenging for food. When he appeared before court, none of his relatives were present to state his condition.’

It is not unusual in Swaziland (recently renamed Eswatini by absolute monarch King Mswati III) for people to be sent to jail because they cannot afford the fine option.

In August 2014 it was reported that more than 1,000 people were in jail in Swaziland because they were too poor to pay fines. That was nearly three in ten of the entire prison population.

In Swaziland offenders are often given the option of jail time or paying a fine. Correctional Services Commissioner Isaiah Ntshangase said at the time there were people in jail because they could not pay fines for a range of matters, including traffic offences, theft by false pretences, malicious injury to property and fraud.

Figures revealed that 1,053 of 3,615 inmates in Swazi jails were there because they did not have the money to pay the fine option - 29.1 percent of the entire prison population.

Ntshangase said the numbers in prison because they could not pay fines was growing. 

See also

Man too poor to pay fine sent to jail
https://swazimedia.blogspot.com/2018/02/man-too-poor-to-pay-fine-sent-to-jail.html

Friday, 27 April 2018

MAN JAILED 9 YEARS NO TRIAL, GETS BAIL

The man kept in a Swaziland jail for nine years awaiting trial has been released on bail.

Fana Shongwe who is charged with murder appeared at the Swaziland High Court on Thursday (26 April 2018) where Judge Mbutfo Mamba released him.

Shongwe’s case made international news. He had been arrested and charged in 2009 and was offered bail at E50,000 with E15,000 in cash with the rest as surety. He could not afford to pay.

His trial date has yet to be set.

Judge Mamba said, ‘Mr Shongwe, it is unfortunate that such happened to you, it should not have happened to anyone, it is not the law that failed you, but the people entrusted to execute the law failed you, you are going home today as you will be released,’ according to a report in the Swazi Observer on Friday (27 April 2018).

The newspaper reported, ‘Justice Minister Edgar Hillary expressed annoyance in the manner Shongwe’s matter has been handled. He assured that something was being done to correct the problem.’

At least 133 people in Swaziland have waited more than a year in jail without coming to trial, according to Swaziland’s Human Rights Commission.

A report just published by the US State Department into human rights issues in Swaziland for 2017 stated, ‘Lengthy pretrial detention was common. Judicial inefficiency and staff shortages contributed to the problem, as did the police practice of prolonging detention to collect evidence and prevent detainees from influencing witnesses if released. There were instances in which the length of detention equalled or exceeded the sentence for the alleged crime.’

See also

MAN 9 YEARS IN JAIL WITHOUT TRIAL
133 JAILED WITHOUT TRIAL FOR A YEAR
https://swazimedia.blogspot.co.uk/2018/01/133-jailed-without-trial-for-year.html

Thursday, 26 April 2018

MAN 9 YEARS IN JAIL WITHOUT TRIAL


A murder suspect in Swaziland, who has been in jail for the past nine years without being tried, has filed an urgent application at the High Court to be released.

He had been granted bail in 2009 but could not afford to pay it.

Fana Shongwe from Ndlalambi in the Hhohho region was arrested in September 2009 and charged with murder and arson. He is currently kept at the Sidvwashini Correctional facility.

His case has similarities to that of Sikhumbuzo Mdluli, of Ngwazini in the Manzini region who was arrested and charged with murder in March 2008 and is also reportedly at Sidvwashini awaiting trial.

The Swazi Observer reported on Wednesday (25 April 2018) that Shongwe wanted the High Court to order his release. It reported that in 2009 he was granted bail by the High Court fixed at E50,000 (US$4,070) and was ordered to pay E15,000 cash with the rest being in form of a surety.

It quoted him saying, ‘I was not able to pay the bail as I could not afford and as such I have been in custody from the date of arrest to the date of the present application.’

His lawyer submitted that Shongwe’s incarceration without trial violated the Swaziland Constitution.

Shongwe’s case is similar to that of Sikhumbuzo Mdluli, of Ngwazini in the Manzini region. It was reported in January 2018 that he had been arrested and charged with murder in March 2008 but had not been sent for trial. He has asked the High Court of Swaziland to intervene.

The pair are not the only people jailed for lengthy periods in Swaziland awaiting trial. In December 2017 Swaziland’s Human Rights Commission reported at least 133 people had been detained in Swaziland jails without trial for more than a year, Executive Secretary of the Human Rights Commission Linda Nxumalo told the Sunday Observer at the time,  ‘One of the key cases that the Commission has worked on [in 2017] was one dealing with the issue of access to justice especially for 133 inmates that have been detained for longer than 12 months without trial or sentencing at our already overcrowded correctional facilities.’ 

A report just published by the US State Department into human rights issues in Swaziland for 2017 stated, ‘Lengthy pretrial detention was common. Judicial inefficiency and staff shortages contributed to the problem, as did the police practice of prolonging detention to collect evidence and prevent detainees from influencing witnesses if released. There were instances in which the length of detention equalled or exceeded the sentence for the alleged crime.’

See also

133 JAILED WITHOUT TRIAL FOR A YEAR