Measuring Pre-trial Detention in Africa

April 25-26, 2013, Bogotá, ColombiaJean RedpathPromoting Pre-trial Justice in AfricaCivil Society Prison Reform Initiative (CSPRI)Community Law Centre, University of the Western Cape 1

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

1995/01 1995/10 1996/07 1997/04 1998/01 1998/10 1999/07 2000/04 2001/01 2001/10 2002/07 2003/04 2004/01 2004/10 2005/070

10000

20000

30000

40000

50000

60000

70000

Number of awaiting trial detainees as at end of month

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

1995/01 1995/10 1996/07 1997/04 1998/01 1998/10 1999/07 2000/04 2001/01 2001/10 2002/07 2003/04 2004/01 2004/10 2005/070%

5%

10%

15%

20%

25%

30%

35%

40%

Percentage in prison held pre-trial as at end of month

3

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 4

African regional pre-trial detention rates

5Rate of pre-trial detention per 100 000 population

0

10

20

30

40

50

60

70

20

35

57

6466

West AfricaNorth Africa Central Africa East Africa Southern Africa

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.

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

0

5000

10000

15000

20000

25000

22805

8441

4274

2711 22631605

962 8201642

580 169 79

less than 3 months 3-6 months6-9 months9-12 months12-15 months15-18 months18-21 months21-24 months2-3 years3-4 years4-5 yearsmore than 5 years

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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

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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.

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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

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Total in custody at beginning of

quarter

New admissions

during quarter

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

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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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