An evaluation of inmates and offender's rights to freedom and security of a person in the correctional system of South Africa

Abstract

The characterisation of inmates within a correctional service system as second-class citizens or marginalised citizens is not far-fetched. This is a reality when one considers the negative stigmatisation that is automatically conferred upon them by virtue of the guilty verdict found against them by a competent court of law. These “guilty offenders” are thus deprived of certain liberties and placed in incarceration with others who are in a similar predicament as them. However it is only typical that such an arrangement can lead to offenders being placed with other offenders who outmatch them in terms of their potential to resort to violence, thus making each incarcerated inmate a potential victim of violence. Therefore, it is only prudent that one endeavours to evaluate the efficacy of the protective measures designed to mitigate this threat to the safety and wellbeing of inmates and offenders. To this end this study analyses both international and national instruments promulgated as a palliative means to the aforementioned threat.