The Controversial Use of Leg Irons on the So-Called Enemies of African States
blurb:isstoday:150708legirons
15 July 2008: The Controversial Use of Leg Irons on the So-Called Enemies of African States
Leg irons are widely referred to as shackles, foot cuffs or fetters and is a mechanism of physical restraint used on the feet or ankles to allow walking but prevent running and kicking. Colonial legacy depicts images of slave ships carrying humans chained together at their wrists, legs and necks. It was common practice on slave plantations to make use of leg irons with spurs around the outside, which forced slaves to walk with their legs wide apart or to suffer severe damage to their ankles.
Most recently British mercenary Simon Mann, convicted of masterminding the failed coup plot to overthrow the Equatorial Guinean President Teodoro Obiang Nguema Mbasogo, was led to the court to hear his verdict not only with his hands cuffed, but with his feet bound together by iron leg chains as worn by the slaves in days gone by. Mann is to serve his 34-year sentence at the notorious Black Beach prison, which is located on the island of Bioko in the capital city of Malabo in Equatorial Guinea.
Black Beach prison has a reputation of being a penal institution where human rights are not protected. Inmates are denied contact with the outside world, which includes contact with their family members, legal representatives and medical assistance. Food deprivation is a reality within the walls of this prison. It has been reported that prisoners can go for up to six consecutive days without being fed and dirty drinking water is commonplace. If the threat of malaria and yellow fever are not enough to contend with, prison warders have a reputation for systematically neglecting and torturing inmates.
Before his extradition to Equatorial Guinea Mann was held in captivity in the Zimbabwean high security prison of Chikurubi, in the country’s capital Harare. During their detention Mann and is co-plotters appeared in leg chains. These were placed on the alleged mercenaries at the time suspicion arose about a possible evasion. Officials ordered that the prisoners be placed in leg irons around the clock. Morgan Tsvangirai, Zimbabwean opposition leader for the Movement for Democratic Change (MDC) also appeared in leg chains in 2003 when he was arrested on treason charges. More recently, a secret film depicting allegedly irregular election tactics released by the Guardian, showed the MDC's general secretary Tendai Bitialso constricted by mechanical means. From the above examples, it is clear that prisoners, who allegedly pose a serious threat to the state, are the main targets for this type of mechanical restraint.
The Namibian Supreme Court ruled in the appeal of Namunjepo and Others v Commanding Officer, Windhoek Prison and Another (SA 3/98) [1999] NASC 3; 2000 (6) BCLR 671 (NmS) (9 July 1999), that the placing of prisoners in leg irons or chains is unconstitutional. The case arose when the appellants and four other prisoners were caught after escaping or attempting escape, and were kept in leg irons for four months. The judgment read that this use of leg irons amounted to inhumane and degrading treatment, which violates section 12(1)(e) of the Namibian Bill of Rights. Mauritania has also been proactive in stating that the use of leg irons is inherently cruel, inhuman and degrading treatment and contrary to international standards.
In Kaunda and others v President of the Republic of South Africa (CCT 23/04) [2004] ZACC 5 (4 August 2004) various claims about the conditions of detention in Chikurubi Prison were raised. Among these claims of abuse and assault, it was reported by means of a sworn affidavit that the prisoners were being escorted to and from court in leg irons, despite court orders that the shackles be removed. In the Kaunda case, it was held that the South African government had a clear and unambiguous duty to do whatever was reasonably within its power to prevent South Africans abroad, however grave their alleged offences, from being subjected to torture, grossly unfair trials and capital punishment. The court further held that at the same time the South African government must have an extremely wide discretion as to how best to provide what diplomatic protection it can offer in these circumstances.
The 2003 Robben Island Guidelines were formulated under the auspices of The African Commission on Human and Peoples’ Rights (established in terms of the African Charter on Human and Peoples’ Rights), to prohibit and prevent torture, as well as to respond to the needs of victims of torture. These guidelines aim to provide a frame of reference for the measures for the prohibition and prevention of torture, cruel and inhumane or degrading treatment or punishment in Africa. A condition of detention states that the institution in question must take steps to ensure that the treatment of all persons deprived of their liberty are in conformity with the international standards guided by the UN Standard Minimum rules for the Treatment of Prisoners. It should be mentioned that these guidelines are not legally binding, but are merely terms of reference when considering the conditions of detention.
Article 33 of the UN Standard Minimum Rules for the Treatment of Prisoners states that instruments of restraint, such as handcuffs, chains, irons and straight jackets, shall never be applied as a punishment. Furthermore, chains or irons shall not be used as restraints. Even though the use of leg irons and chains are a direct contravention to international standards of restraint, neither Chinese nor US law prevents the use of chains or leg-irons. Although the indefinite use of leg irons in China are only practiced on prisoners who face the death sentence. Amnesty International believes that restraint should only be used as a short-term emergency measure. Once again, these standards are not legally binding, but are generally accepted as being good principle and practice for the treatment of prisoners.
There are conflicting arguments around this issue and no consensus exists amongst the various countries involved, despite the fact that international standards indicate that the use of leg irons are to be frowned upon. We have seen the Namibian example of the use of leg irons being declared unconstitutional. Institutions like Black Beach need to be monitored to ensure that they respect the prevention of torture. Prisons and similar institutions are usually the last issue on the agenda. Yet they tend to be the places where torture and disregard for human rights are most evident. More time and resources need to be poured into the oversight and management of penal institutions in Africa. Addressing the single issue of the use of leg irons, while not confronting the various other violations that take place in prisons all over the continent, will not eradicate the issue at hand, but it is a starting point. International and African legislation are already in place. Now begins the task of ensuring that this legislation is implemented.
Tarrin-Rae Oxche, Junior Researcher, Security Sector Governance Programme, ISS Tshwane (Pretoria)
