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Measuring Pre-trial Detention in Africa

Measuring Pre-trial Detention in Africa. April 25-26, 2013, Bogotá, Colombia Jean Redpath Promoting Pre-trial Justice in Africa Civil Society Prison Reform Initiative (CSPRI) Community Law Centre, University of the Western Cape.

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Measuring Pre-trial Detention in Africa

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  1. Measuring Pre-trial Detention in Africa April 25-26, 2013, Bogotá, Colombia Jean Redpath Promoting Pre-trial Justice in Africa Civil Society Prison Reform Initiative (CSPRI) Community Law Centre, University of the Western Cape

  2. Number of persons held pre-trial in prison at month end, South Africa, 1995-2005

  3. Proportion of persons in prison held pre-trial at month end, South Africa, 1995-2005

  4. Pre-trial imprisonment rates • Pre-trial imprisonment rates are used to show the rate of incarceration of the total population and thus gives a measure of the propensity of the state to incarcerate pre-trial. • These can be misleading particularly in Africa where many people are held pre-trial in non-prison places of detention for extended time periods . • This is a “snapshot” measure which uses the number in pre-trial detention as at a particular date. • Does not indicate duration of detention. • Most useful for comparing countries. • NOTE: it may be preferable to use adult populations rather than total populations

  5. African regional pre-trial detention rates

  6. Duration of pre-trial detention • Measuring the average (mean) or median length of pre-trial detention is fraught with difficulty in Africa, mostly due to problems with consistent recording of information on dates of releases. • In South Africa the Department of Correctional Services publishes the proportion of people held in prison for various time periods 0-3 months, 3-6 months, 6-12 months, etc. as at a particular date, usually 31 March of the year under consideration.

  7. Number of pre-trial detainees held for various durations, South Africa, 31 March 2012

  8. PROBLEM • None of the measures above capture the kind of pre-trial detention which is increasingly prevalent in Africa, which is a form of detention without trial • I.e. Arbitrary or political arrests leading to relatively “short” periods of pre-trial detention often followed by release without trial ever occurring. • In Zimbabwe “human rights defenders” and the political opposition are harassed and their work disrupted by targeted periods of incarceration • In South Africa changes to bail law mean that for many, bail applications will only be heard more than two weeks after arrest, meaning most spend at least 2 weeks pre-trial. Half of all cases end in withdrawal. • In many African countries political control is exerted through the criminal justice system

  9. Pre-trial detention “Exposure” as an appropriate pre-trial detention indicator for Africa • This can be used as n alternative measure where: • The total number of pre-trial detainees is known at defined periods e.g. at the end of each quarter. • The total admissions to pre-trial detention during those defined periods e.g. per quarter are known. • The total population of the country is known.

  10. Quarterly exposure number • The “Quarterly exposure number” is simply: • The total in pre-trial custody at the beginning of the quarter plus pre-trial admissions during the quarter • E.g. in Malawi typical numbers might be for Quarter 1: • 29000 in pre-trial detention as at 1 January • 10 000 admitted 1 January to 31 March • Quarterly exposure = (29 000 in pre-trial + 10 000 admissions) • = 39 000 exposed to pre-trial detention Total in custody at beginning of quarter New admissions during quarter

  11. Quarterly exposure rate • Rate = Quarterly exposure number/population • E.g. in Malawi total population is 14 million • Exposure number is 39 000 • Quarterly exposure rate 278 per 100 000 total population exposed to pre-trial detention • If one uses adult population (6 million) • Quarterly exposure rate = 650 per 100 000 adult population • OR 6,5 per 1 000 adults • If one uses adult male population (3 million) • Just over 1 in every 100 adult males exposed to pre-trial detention per quarter

  12. Change in exposure number • Change = Quarter 2 - Quarter 1 • Quarter 2 – Quarter 1 • = (Q2Number_ptd _beg + Q2admissions) – (Q1Number in ptd_beg + Q1admissions) • = ([(Q1Number_ptd + Q1admissions - Q1releases) + Q2 admissions] - [Q1Number_ptd + Q1admissions] ) • = Q2 admissions - Q1 releases • An increase in exposure number can mean either an increase in the number of people held for more than three months OR more people being admitted to pre-trial detention

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