‘Bring our people back’: Push for South Africans convicted in foreign countries to serve sentences at home
Non-profit organisation Baagi Ba South Africa has been advocating for years for the South African government to enter into international prisoner transfer treaties.
These treaties would allow South African prisoners convicted abroad to serve their sentences in South Africa.
In countries where such programmes exist, including the United States, they are designed to alleviate the hardships faced by offenders incarcerated far from home and facilitate their rehabilitation.
IOL spoke to Glory Matipile, founder and chief executive of Baagi Ba South Africa, who insists that effective rehabilitation for the hundreds of South Africans imprisoned around the world requires them to serve their sentences within South Africa’s correctional system. A key benefit of this, she noted, is the ability to speak the local language.
“This organisation, Baagi Ba South Africa, was founded in 2018, and so far, we have about 260 young people working across South Africa to raise awareness and provide support to families with relatives convicted abroad. We also collaborate with organisations that assist South Africans in foreign prisons. We reached out to our representatives in South African embassies but did not receive much support. Now, we work with organisations in foreign countries to facilitate communication between imprisoned South Africans and their families back home,” she said.
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She said with the economic hardships, it is almost impossible for most families in South Africa to travel to visit their incarcerated relatives in countries including Brazil, Philippines or Hong Kong - a special administrative region of the People's Republic of China.
“South Africa is one of the few countries in the world without international prisoner transfer. Such a programme already exists in the United Nations, and what is left is for South Africa to adopt it and follow the rules that are already there, and being used by other countries. The essence is that if we had such a programme, South Africans convicted in foreign countries would be sent home to serve near their families. Foreigners in our prisons would them be moved to go and serve their sentences in their home countries so that rehabilitation can take place.
“You will remember that former president Nelson Mandela was advocating for prisoners’ rights. We are being denied to have such a policy.”
She said her organisation’s records has around 800 names of South Africans convicted and sentenced in foreign countries.
The most frequent crime, according to Matipile, which South Africans get convicted abroad is drug trafficking and possession.
“These people are recruited while they are in South Africa. The crime happens here so having them back here would also help in the investigations on how and who recruited them. If a South African is serving a sentence in Brazil or Pakistan, how does our local authorities investigate the crime which started in South Africa? The recruiters are here in South Africa and they are free. That is how you curb crime,” she said.
Matipile said the majority of South Africans are tricked into travelling to the foreign countries with the promise of jobs. Once in foreign countries, reality then hits when the destitute South Africans, cut from all manner of communications, are forced to smuggle drugs into other countries – with the hope of earning their travel documents and a flight ticket back home.
Others are lured into love by people on social media, particularly Facebook and at some stage, they are given tickets to fly to countries abroad.
Matipile said the targeted people, mainly women and girls are groomed for a longer period, luring them with expensive gifts and presents before they fall in love and travel to see their lovers.
“When the woman is abroad, she then realises that she is in trouble and she now has to swallow drugs or the contraband is wrapped on their bodies. You do not have much options when you are out there. There is a language barrier to start with, who do you tell that you need help? In many instances, our people have been used as decoys who will be caught while the drug mules pass,” she said.
Matipile said her organisation also assist South Africans seeking to take opportunities abroad to carefully verify the authenticity of the offers.
IOL also engaged with the Department of International Relations and Cooperation (Dirco) which stated that majority of South Africans arrested abroad do not want to make contact with South Africa’s consular services in those countries.
“One of the challenges we have is that often once arrested the individuals do not want to make contact the consul and by extension their families out of reprisal or embarrassment,” said Dirco spokesperson Chrispin Phiri.
He highlighted that the standard procedure for the national department led by Minister Ronald Lamola, is to establish contact with the detainee as soon as possible after verifying South African citizenship.
“This service is rendered to ensure that South Africans who have been arrested, detained or imprisoned under foreign jurisdiction understand their rights and the services that can be provided by the South African government. Depending on specific circumstances, contact can be in person, in writing, by telephone or through appropriate intermediaries,” he said.
He said the arrested South Africans are then provided general information about the legal system of the country of arrest, where available.
“The information may include details on legal aid, if available, and prosecution, a list of lawyers (no recommendations may be made for a specific lawyer); remand, bail and appeal procedures so that they understand their rights and the processes involved,” said Phiri.
The South African missions also maintain contact with the arrested South African citizens abroad with due observance of the laws and regulations of the arresting State.
The Dirco officials also undertake prison visits with the frequency of prison visits depending on current policy, the location, culture and laws of the arresting State, the prevailing security situation in the country and/or the prison, and is subject to the diplomatic mission’s operational circumstances.
“There are, however, certain circumstances where prison visits cannot be undertaken, with is outside the control of the mission,” he said.
If authorised by the prisoner in writing, Dirco also makes contact with family or friends, with to a maximum of three people.
Phiri added that Dirco also helps South Africans detained abroad with funds transfers, with a maximum amount of R2,000 per month per detainee/prisoner may be deposited by family members/friends. This service is not available in all countries and is dependent on the operational requirements of the diplomatic mission and the local prison system in a foreign country.
“The department assists South African families within the borders of the Republic of South Africa to forward the money to their family members detained/imprisoned abroad. This, therefore, does not include money transfers from another country,” said Phiri.
The department also assists to ensure that medical problems are brought to the attention of prison authorities.
Family members are allowed to send prescription medication only to the detainee through the department, provided this is not contradictory to the rules of the detention facility in the arresting country.
Phiri highlighted that officials in South Africa’s diplomatic missions abroad cannot institute or intervene in court proceedings or judicial processes; obtain or give legal advice; organise a release from prison, bail or parole; or travel to dangerous areas or prisons for a prison visit.
The Dirco officials cannot investigate a crime or negotiate better treatment in prison for South African citizens than that provided for local nationals.
Phiri said in cases where the United Nations Standard Minimum Rules for the Treatment of Prisoners are not applied/met, the mission will make representation to the relevant local authorities on behalf of the detainee/prisoner.
Additionally, Dirco officials are not mandated to instruct next of kin or friends of a South African imprisoned abroad to transfer money; pay legal, medical or any other bills; obtain accommodation, work, visas or residence permits for family members.
The national department cannot formally assist dual nationals in the country of their second nationality.
In the unfortunate event of the death of a South African abroad, the department does not pay for the repatriation, transport, burial or cremation of the mortal remains of a South African citizen.
“Our advice to our citizens is as follows: if arrested abroad you must contact the South African representative as soon as possible,” said Phiri.
He said it is difficult to give an actual figure of South Africans serving sentences abroad as many actively conceal their predicament.
“We urge people to read the fine print before accepting contracts for employment abroad. If possible, get a legal person to look at the offers before signing,” said Phiri.
“It is important to adhere to airline requirements like whether one has packed their own bag, carrying strangers' bags comes with very high risks, and is often the modus operandi for drug trafficking.”
IOL