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You are here: Home / Archives for Prisoners

Prisoners

5 March 2025

SA condemns Israel’s refusal to allow aid into Gaza

Location: News

SA condemns Israel’s refusal to allow aid into Gaza

South Africa says it strongly condemns the refusal of Israel to allow humanitarian aid into the Gaza Strip and its closure of border crossings at a time when the people of Gaza are experiencing immeasurable suffering and urgently need food, shelter, and medical supplies.

This is according to a statement issued by the Department of International Relations and Cooperation (DIRCO) on Wednesday. 

According to reports, Israel blocked the entry of all humanitarian aid into Gaza on Sunday as it demands Hamas agree to a United States plan for a ceasefire extension.

The department said preventing food from entering Gaza is a continuation of Israel’s use of starvation as a weapon of war as part of the ongoing campaign of what the International Court of Justice (ICJ) ruled to be plausible genocide against the Palestinian people. 

“South Africa concurs with Qatar, one of the guarantors of the ceasefire agreement, that halting the entry of humanitarian aid into the Gaza Strip is a clear violation of the ceasefire agreement, international humanitarian law, and the Fourth Geneva Convention.” 

South Africa has since called on the international community to hold Israel accountable and ensure the safe, continuous, and unhindered delivery of humanitarian aid to all areas of the Gaza Strip.

The United Nations (UN) Secretary-General Antonio Guterres has implored Israel to end its suspension of humanitarian aid to Gaza “immediately” and to allow aid to flow without impediment in an environment ensuring the safety and security of civilians, including humanitarian workers. 

Guterres has also “urged all parties to make every effort to prevent a return to hostilities in Gaza”, and to find a way forward on the next phase of the ceasefire agreement. 

“South Africa also condemns Israel’s ongoing military operations in the West Bank that represent a dangerous escalation, and which further threatens the Palestinian quest for self-determination and statehood.” 

According to the department, the forced displacement of 40 000 Palestinians from Jenin, Tulkarem, Nour Shams, and elsewhere threatens to erase Palestinian refugee camps, and the right of return.

“The concurrent ban on the UN Relief and Works Agency’s (UNRWA) activities in these areas constitutes a flagrant violation of international law and strips displaced Palestinians of essential support and international oversight,” the department added. 

The department stated that the expanded Israeli military presence, now at its highest levels in the West Bank since 2002, signals an intent to re-establish full-scale military occupation, and undermines the Palestinian Authority and its governance.   

“South Africa supports the guarantors’ continued efforts to address the reported violations of the ceasefire agreement.” 

The department said the delay in releasing the 620 Palestinian prisoners constitutes a fundamental breach of negotiated terms.   

“South Africa once again calls on the international community to act with urgency and decisive action to address the continued systematic violation of international law and international humanitarian and human rights law.” 

The department said South Africa welcomes the outcomes of the Arab League Emergency Summit held on Tuesday, 4 March 2025, that supports a settlement in Gaza that is led by, and inclusive of, Palestinians, and that expressly rejects the ethnic cleansing and forced displacement of Palestinians in Gaza. 

The country has also thrown its weight behind the Arab League’s call for a UN international peacekeeping force in the West Bank and Gaza to ensure security and stability.   

“South Africa also expresses its grave concern over Israel’s continuing violation of Syria’s sovereignty and territorial integrity by towns South of Damascus and the southern province of Daraa. 

“Israel’s depiction of Southern Syria as a ‘security zone’, and statements that any attempt by Syrian government forces to establish themselves in the zone violate Syria’s sovereignty.” – SAnews.gov.za 
 

 

Gabisile
Wed, 03/05/2025 - 15:10
46 views

Read moreSA condemns Israel’s refusal to allow aid into Gaza
4 December 2024

Explainer: Why South Africa’s Prisons Are Overcrowded

Location: News

Our prisons have about 105,000 beds but there are over 156,000 prisoners

Read moreExplainer: Why South Africa’s Prisons Are Overcrowded
22 November 2024

ICC Pre-trial Chamber I Issues Warrants of Arrest for Mohammed Diab Ibrahim Al-Masri (Deif)

Location: News
International Criminal Court (ICC)

Today, on 21 November 2024, Pre-Trial Chamber I of the International Criminal Court (‘Court') (www.ICC-cpi.int), in its composition for the Situation in the State of Palestine, unanimously issued a warrant of arrest for Mr Mohammed Diab Ibrahim Al-Masri, commonly known as ‘Deif', for alleged crimes against humanity and war crimes committed on the territory of the State of Israel and the State of Palestine from at least 7 October 2023.

The Prosecution had initially filed applications for warrants of arrest for two other senior leaders of Hamas, namely Mr Ismail Haniyeh and Mr Yahya Sinwar. Following confirmation of their deaths, the Chamber granted the withdrawal of the applications on 9 August 2024 and 25 October 2024, respectively. With respect to Mr Deif, the Prosecution indicated that it would continue to gather information with respect to his reported death. On 15 November 2024, the Prosecution, referring to information from both the Israeli and Palestinian authorities, notified the Chamber that it is not in a position to determine whether Mr Deif has been killed or remains alive. Therefore, the Chamber issues the present warrant of arrest. The Prosecution also noted that it continues to investigate the crimes in the ongoing conflict and envisions that further applications for warrants of arrest will be submitted.

The warrant of arrest for Mr Deif is classified as ‘secret' in order to protect witnesses and to safeguard the conduct of investigations. However, the Chamber decided to release the information below since conduct similar to that addressed in the warrant of arrest appears to be ongoing, in particular the holding of a number of hostages captive. The Chamber considers it is also in the interest of victims and their families to be aware of the warrant's existence.

The Chamber found reasonable grounds to believe that Mr Deif, born in 1965, the highest commander of the military wing of Hamas (known as the al-Qassam Brigades) at the time of the alleged conduct, is responsible for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture,; taking hostages; outrages upon personal dignity; and rape and other form of sexual violence.

The Chamber found reasonable grounds to believe that Mr Deif bears criminal responsibility for the aforementioned crimes for (i) having committed the acts jointly and through others and (ii) having ordered or induced the commission of the crimes, and (iii) for his failure to exercise proper control over forces under his effective command and control.

The Chamber found reasonable grounds to believe that during the relevant time, international humanitarian law related to international armed conflict (between Israel and Palestine) and non-international armed conflict (between Israel and Hamas) applied. The Chamber also found that there are reasonable grounds to believe that the crimes against humanity were part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel.

Alleged crimes

With regard to the crimes, the Chamber found reasonable grounds to believe that on 7 October 2023, shortly after a large number of rockets triggered the ‘Tzeva Adom' alarm in several communities in Israel around 6:20-6:30 am, armed men entered these communities, as well as the site of the Supernova festival, a music event with a few thousand participants (‘7 October Operation'). Members of Hamas, notably fighters of the al-Qassam Brigades, carried out mass killings at and/or around the communities of Kfar Aza, Holit, Nir Oz, Be'eri, and Nahal Oz, as well as at the Supernova festival. The attackers, for example, fired at people while they were seeking shelter and throw grenades at them. Hamas fighters followed similar patterns in other locations and killed further persons. These killings qualify as the crime against humanity and the war crime of murder.

The Chamber also found that in some locations, namely at the site of the Supernova festival and in the vicinity thereof, attackers fired at people with semi-automatic weapons and/or rocket-propelled grenades. In light of this, the Chamber concluded that there are reasonable grounds to believe that the war crime of intentionally directing attacks against civilians was committed.

In light of the coordinated killings of members of civilians at several separate locations, the Chamber also found that the conduct took place as part of a mass killing of members of the civilian population, and it therefore concluded that there are reasonable grounds to believe that the crime against humanity of extermination was committed.

Furthermore, in the context of 7 October Operation, the Chamber found that a large number of persons were seized from various locations in Israel, including Kfar Aza, Holit, Nir Oz, Be'eri, Nahal Oz, and the Supernova festival. The victims were civilians, including children and elderly people, as well as members of the IDF (Israeli Defence Forces). After being taken to Gaza, most of them were detained in secret locations, including apartments and underground tunnels. A number of groups participated in seizing and detaining these persons: the al-Qassam Brigades, the Palestinian Islamic Jihad al-Quds, and other Palestinian armed groups. The Chamber found that Hamas was in control of the hostages as of the start of their detention in Gaza, irrespective of the group affiliation of the individuals initially seizing the hostages. The Chamber also found that hostage taking in the context of the 7 October Operation was conducted with the aim to negotiate their release in exchange for Palestinian prisoners held in Israel. In light of the above, the Chamber considered that there are reasonable grounds to believe that the war crime of hostage taking was committed.

The Chamber further found that, while they were held captive in Gaza, some hostages, predominantly women, were subjected to sexual and gender based violence, including forced penetration, forced nudity, and humiliating and degrading treatment. On the basis of the material presented, the Chamber found reasonable grounds to believe that the crimes of torture as a crime against humanity and war crime, rape and other forms of sexual violence as crimes against humanity and war crimes, cruel treatment as a war crime, and outrages upon personal dignity as a war crime were committed against these persons during the relevant period.

With respect to Mr Deif's individual criminal responsibility, the Chamber found reasonable grounds to believe that senior leaders of Hamas, comprising of at least Mr Deif, Mr Sinwar, and Mr Haniyeh, agreed to jointly carry out the 7 October 2023 Operation. The plan included targeting military and civilian objects in Israel and other acts of violence against Israeli persons. The material presented by the Prosecution indicated that several senior members of Palestinian Islamic Jihad al-Quds joined the plan in the morning of 7 October 2023 at the latest, and that other Palestinians armed groups participated in the Operation.

Mr Deif, in his role as the commander of the al-Qassam Brigades, and through his actions prior to, during and after the 7 October Operation, is responsible for the commission of these crimes. In addition, the Chamber considered that Mr Deif ordered or induced the crimes or is responsible as a military commander for the criminal conduct of his subordinates. 

Background

On 1 January 2015, The State of Palestine lodged a declaration under article 12(3) of the Rome Statute accepting jurisdiction of the Court since 13 June 2014.

On 2 January 2015, The State of Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered into force for The State of Palestine on 1 April 2015.

On 22 May 2018, pursuant to articles 13(a) and 14 of the Rome Statute, The State of Palestine referred to the Prosecutor the Situation since 13 June 2014, with no end date. 

On 3 March 2021, the Prosecutor announced the opening of the investigation into the Situation in the State of Palestine. This followed Pre-Trial Chamber I's decision (https://apo-opa.co/3OlxLKY) on 5 February 2021 that the Court could exercise its criminal jurisdiction in the Situation and, by majority, that the territorial scope of this jurisdiction extends to Gaza and the West Bank, including East Jerusalem. 

On 17 November 2023, the Office of the Prosecutor received a further referral of the Situation in the State of Palestine, from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti, and on 18 January 2024, the Republic of Chile and the United Mexican State additionally submitted a referral to the Prosecutor with respect to the situation in The State of Palestine.

Distributed by APO Group on behalf of International Criminal Court (ICC).

For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: fadi.el-abdallah@icc-cpi.int

You can also follow the Court's activities on Twitter (https://apo-opa.co/3OlxMP2), Facebook (https://apo-opa.co/4eFN6k7), Tumblr (https://apo-opa.co/3OlxOq8), YouTube (https://apo-opa.co/3OhQUgL), Instagram (https://apo-opa.co/490pm92) and Flickr (https://apo-opa.co/3Zjr560)

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Read moreICC Pre-trial Chamber I Issues Warrants of Arrest for Mohammed Diab Ibrahim Al-Masri (Deif)
7 October 2024

President Ramaphosa reiterates call for peace and immediate ceasefire in Gaza

Location: News

President Ramaphosa reiterates call for peace and immediate ceasefire in Gaza

President Cyril Ramaphosa has used his weekly newsletter on Monday to once again call for an “immediate ceasefire that will end the suffering of the people of Gaza”.

This as the world marks one year since conflict escalated between Israel and Hamas which has led to mass deaths, intense suffering and violence.

“Today marks one year since the start of an onslaught against the Palestinian people that has thus far claimed more than 43 000 lives. The violence that has been committed by Israel against Palestinians over many decades intensified after an attack on Israel by Hamas and other Palestinian armed groups on 7 October last year.

“As South Africa, we remain committed to the peaceful resolution to ending the occupation of Palestine, to upholding the tenets of international law and to advancing social justice. We once again call for an immediate ceasefire that will end the suffering of the people of Gaza and allow for humanitarian aid to reach those in need,” he said.

The President added that South Africa condemned the “atrocities committed against civilians in Israel on 7 October 2023, as we have denounced the killing of civilians in any context”.

“More than 1000 Israelis were killed in the attacks of 7 October last year. Over 100 Israelis remain in captivity in Gaza. There are over 6000 Palestinians who are languishing in Israeli jails. 

“As South Africa, we have consistently called for a resolution to the conflict and the release of all the hostages abducted on 7 October 2023. We have also called for the release of all the prisoners unlawfully detained in Israel. 

“We cannot but be moved by the plight of all the families who have loved ones in captivity. With negotiations to secure their release having once again stalled and Israel’s bombardment of Gaza continuing, the conflict shows no signs of abating,” he said.

Escalating tensions

President Ramaphosa highlighted that while several calls for a ceasefire echoed around the world, tensions in the Middle East have heightened.

“Amid efforts by the international community to secure a ceasefire, the situation has been worsened by strikes by Israel on Lebanon and by Iran on Israel. Israel has vowed to retaliate against Iran and Iran has threatened to respond accordingly. 

“The escalating situation in the Middle East is of grave concern. It threatens to plunge the region into a war in which civilians will inevitably bear the greatest and the most cruel brunt of this conflict. As the UN Secretary-General has said, each escalation after the next is leading the people of the Middle East over the cliff,” he said.

He warned that the global community cannot afford a long-standing conflict in that region of the world.

“A protracted regional conflict that leads to the loss of more innocent lives is something the Middle East and the world cannot afford. We call on all parties to exercise restraint and for the tenets of international law to be respected.

“Just as the countries of the world need to work together to ensure that this conflict is not allowed to spread, the international community must be seized with efforts to end the violence against Palestinians in Gaza and the West Bank,” he said.

The knock-on effect, the President said, has had a devastating effect on civilians in the area.

“Beyond an immediate end to the onslaught against Gaza, there is an urgent need for action to stave off starvation and disease among the population. Considerable resources need to be directed to Gaza to start rebuilding infrastructure, housing, social services, agricultural production and economic activity,” President Ramaphosa said.

He revealed that South Africa will file a memorial with the International Court of Justice to hold all those responsible in the conflict to account.

“In our address to the UN General Assembly last month, we called for international law to be applied consistently in holding to account all who have committed atrocities in this conflict, whether it is Israel or Hamas.

“Later this month, we will file a memorial, which is South Africa’s full substantive case based on evidence, at the International Court of Justice. The memorial contains detailed evidence to prove that Israel is committing the crime of genocide in Palestine. We call on Israel to immediately implement the court’s provisional orders issued on 26 January, 28 March 2024 and 24 May 2024,” President Ramaphosa said.

The President insisted that the reality is that the escalating conflict “is part of a pattern of violence that spans more than half a century resulting from the occupation of Palestine”.

“Until the occupation is ended and a just and lasting solution is found that will protect the rights of both Israelis and Palestinians, the region will remain a tinderbox of potential conflict and war.

“Israel has consistently declared that it aspires to live in peace and security with its neighbours. Yet its military occupation of the Syrian Golan Heights since 1967 and its invasions of Lebanon in 1978, 1982 and 2006 undermine this aspiration.

“As a country we will continue to play our part in supporting all efforts to bring peace to the troubled Middle East region and to secure a just, lasting solution that ends the occupation of Palestine,” President Ramaphosa concluded. – SAnews.gov.za

NeoB
Mon, 10/07/2024 - 09:32

35 views
Read morePresident Ramaphosa reiterates call for peace and immediate ceasefire in Gaza
19 September 2024

The Rights of Prisoners Must Be Protected, Even if We Dislike Them

Location: News

Solitary confinement is torture

Read moreThe Rights of Prisoners Must Be Protected, Even if We Dislike Them
18 September 2024

Thabo Bester and Hundreds of Other Prisoners Kept in Unlawful Conditions, Says Inspectorate

Location: News

Report argues that solitary confinement is a form of torture

Read moreThabo Bester and Hundreds of Other Prisoners Kept in Unlawful Conditions, Says Inspectorate
16 September 2024

Corrections Week kicks off

Location: News

Corrections Week kicks off

The Department of Correctional Services (DCS) has kicked off Corrections Week to promote awareness and understanding of South Africa’s corrections system.

The week is commemorated during September every year.

This year, the week is commemorated under the theme: “Celebrating 30 Years of Freedom and Democracy Towards Shaping the Future of Corrections”.

The department said the country’s transformation since the fall of Apartheid 30 years ago is intertwined with that of corrections.

“Since 1994, DCS has significantly reformed the correctional system, including playing a major role in the renaming of the United Nations [UN] Standard Minimum Rules for the Treatment of Prisoners to the ‘Nelson Mandela Rules’, by the UN General Assembly in December 2015, which is assisting South Africa to speed up transformation towards a people’s developmental correctional system that is consistent with various principles and guidelines. 

“Remarkable success has also been achieved in implementation of the DCS Strategic Framework on Self-Sufficiency and Sustainability [SFSS]. Such notable strides bear witness to the reality that offenders can, indeed, be rehabilitated. Using the SFSS, amongst others, as a springboard, DCS has a strong case for its cause of successful offender rehabilitation and, consequently, fruitful social reintegration,” the department said.

Corrections week is based on the notions that:
• rehabilitation, and not punishment, works in correcting offending behaviour and
• family, community and societal involvement is critical in all of the rehabilitative and social reintegration work that DCS implements on a daily basis.

“The backbone of Corrections Week activities, therefore, is the willingness of DCS to provide opportunities for citizens to witness the value of education, skills development and training, spiritual care, arts and culture, life skills programmes as well as community corrections in preparing an offender for life out of incarceration.

“The involvement of offenders in caring for their community, in taking responsibility for their fellow offenders and their families, are stepping-stones to the reintegration of these individuals into a society equipped to strengthen the moral fibre of society,” the department said.

As the department works to rehabilitate offenders, community participation in the process is vital.

“Relationships between DCS and the community, community-based organisations, NGOs and faith-based organisations are inherent to the successful achievement of the rehabilitation and reintegration of offenders, as well as ensuring a victim-centric correctional system.

“To this end, the participation of the community in ensuring that victims of crime have a voice, and in strengthening and enhancing the rehabilitation and reintegration of offenders, is crucial,” the department said.

The department called on South Africans to join hands in order to fight crime and restore dignity to all.

“Over the last 30 years, Correctional Services has restored the dignity of millions of offenders and changed their lives for the better. Together let us continue to build a South Africa where the values of human dignity, non-racialism, non-sexism and the rule of law remain paramount.

“Let us extend our social net to the most vulnerable in our midst and help build a more inclusive society,” the department said.

Corrections Week runs from 15 to 21 September. – SAnews.gov.za

NeoB
Mon, 09/16/2024 - 11:40

57 views
Read moreCorrections Week kicks off
19 August 2024

Police minister’s legal tardiness opens way for default rape case judgment

Location: News

Leave to appeal in transgender case turned down by High Court

Read morePolice minister’s legal tardiness opens way for default rape case judgment
24 May 2024

Correctional Services ready for inmates to vote on Election Day

Location: News

Correctional Services ready for inmates to vote on Election Day

The Department of Correctional Services (DCS) says it is ready for the 2024 National and Provincial Elections to be conducted by the Independent Electoral Commission (IEC) next Wednesday.

The Department of Correctional Services (DCS) says it is ready for the 2024 National and Provincial Elections to be conducted by the Independent Electoral Commission (IEC) next Wednesday.

According to the department, some 14 753 inmates at correctional facilities have registered to vote in the elections.

“DCS has been working with the IEC in ensuring that all logistical aspects of the voting process are meticulously planned and executed. The environment is thus conducive for the IEC to fulfil its mandate through the provision of ballot papers, secure voting booths and other necessary logistics at correctional facilities.

“Comprehensive voter education was also provided to inmates in order to ensure they are informed about their rights and the voting process,” the department said.

Justice and Correctional Services Minister Ronald Lamola said: “The measures we have put in place are designed to ensure that eligible inmates can exercise their right to vote in a secure and transparent manner. Hence, this initiative marks a significant step forward in ensuring that our democratic processes are inclusive and just.”

Section 24 B of the Electoral Act makes provision for prisoners to vote in an election for the National Assembly or a provincial legislature, a person who on Election Day is in prison and whose name appears on the voter’s roll for another district, is deemed for that Election Day to have been registered by his or her name having been entered on the voter’s roll for the voting district in which he or she is in prison.

Therefore, the department said, inmates registered before “admission to a correctional centre shall not be denied an opportunity to cast their votes”.

“The transfer and release or placement of inmates on the voting date will be managed in such a way that it does not impede their right to vote. Independent observers will be allowed to monitor the election process within correctional facilities as per the prescripts of the Independent Electoral Commission.

“Observation of the voting process by political parties will be limited to two representatives per political party. This is due to limited space, whilst taking into cognisance the security imperatives of correctional centres,” the department said. – SAnews.gov.za

NeoB
Fri, 05/24/2024 - 09:15

114 views
Read moreCorrectional Services ready for inmates to vote on Election Day
26 April 2024

Why Do Our Politicians Want Prisoners to Vote?

Location: News

Could it be because the majority of our sitting politicians feel a more than close kinship with criminals? In the world of politics, one must be willing to go to great lengths to secure votes, even if it means venturing into uncharted territories. But what if these territories happen to be behind bars? Yes, you …

Read moreWhy Do Our Politicians Want Prisoners to Vote?
26 April 2024

SA is One of the Few Countries that Allows Prisoners to Vote in General Elections

Location: News

In many countries around the world, the right to vote is considered a fundamental democratic principle. However, the question of whether prisoners should be allowed to vote in general elections is a topic of debate and varies from country to country. While some nations grant this right to prisoners, others restrict or deny it. In …

Read moreSA is One of the Few Countries that Allows Prisoners to Vote in General Elections
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