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LAWYERS FOR HUMAN RIGHTS PRESS RELEASE 25 JANUARY 2013 LHR DISAPPOINTED BY MINISTER OF HOME AFFAIRS REACTION TO SITUATION AT LINDELA Lawyers for Human Rights (LHR) is disappointed by statements made by Home Affairs Minister Naledi Pandor following todays visit to the Lindela holding facility for immigration detention. This visit appears to have been in reaction to last nights episode of Special Assignment which dealt with many of the difficulties and faults in the operation at Lindela. The minister, unfortunately reflecting longstanding misperceptions about foreign nationals within the home affairs department, seems to have blamed immigrants for the departments unlawful actions at the facility. Responding to journalists after her visit, Pandor stated that monitoring human rights violations was better left to bodies mandated to do this work. While the minister must not ignore the departments obligation in ensuring its own officials comply with human rights protections, we commend the ministers position that independent monitoring is an essential element in ensuring these protections. As it stands, there is no regular independent monitor of conditions at Lindela. The government has moved in the right direction by signing the Optional Protocol of the Convention against Torture which provides for the establishment of independent monitoring mechanisms. We call on the government to move ahead with creating such mechanisms urgently. We further note the recent report by Justice Cameron of the Constitutional Court who visited the facility in ... One of the findings of this report is a lack of mechanisms to report violations. Detainees have made complaints to LHR lawyers regarding basic hygiene, such as dirty mattresses and insect-ridden blankets as well as lack of adequate food or recreation time. A major cause of complaint is the threat of violence inflicted on detainees. Another cause of complaint remains unlawful detentions beyond the 120 days permitted under the Immigration Act. The minister mentioned that she is monitoring the number of days that detainees are held at the facility and requires explanations for those who are detained for over 120 days. The minister should be quite aware by now, after being repeatedly told by

courts - including the Supreme Court of Appeal - that any detention exceeding 120 days is unlawful and that people are entitled to immediate release. If the minister is aware of detainees being held beyond those time periods, then she is knowingly acting in violation of the Immigration Act. Blaming foreign embassies for their lack of cooperation is not an excuse for breaking the law. Commonly reported procedural irregularities have also not been addressed. In a recent report by the African Centre for Migration and Society (ACMS) at the University of the Witwatersrand, the following statistics revealed a widespread lack of systems or procedural safeguards: 92% of detainees did not receive notification of their classification as an illegal foreigner; 75% were not aware of the right to request the court to review their detention; 77% did not receive a Notice of Deportation; 71% of those detainees who signed a Notice of Deportation reported not understanding what they were signing; and 5% of detainees had been in Lindela in excess of the 120 day limit. The report also found 18 cases of detainees being immediately rearrested upon release to circumvent the 120 day period.

The ministers suggestion of a template for law enforcement officials to follow (including immigration officers) will only be effective if there is effective monitoring of the use of such templates. At present, there is no way of ensuring compliance as is evident above. Weekly applications to the high courts have not resulted in improved services at Lindela. Of particular concern are the large numbers of asylum-seekers who are deported to countries where they may face persecution and a risk to their lives with little to no investigation done by immigration officers. This is a clear violation of the governments obligations under international law. Equally, we continue to receive reports of children being detained and deported. When such cases are brought to the departments attention, their reaction is inconsistent and sometimes requires court intervention. We call on the minister to review the actions of her officials and to acquaint herself with the relevant provisions so that no detainee is held unlawfully, deported unlawfully or treated without the human dignity afforded to all under our Constitution.