Thursday 16 October 2014

What Pistorius would face in prison





  • Oscar Pistorius is due to be sentenced for the negligent killing of Reeva Steenkamp

  • This raises the prospect that the double amputee may be given a prison sentence

  • South Africa's prisons are notorious for overcrowding and poor sanitation, activists say

  • A paraplegic inmate told the Wits Justice Project of being detained in awful conditions




(CNN) -- A stuffy, overcrowded cell. Perhaps two or three men to a single bunk. Lockdown for most of the day.


Is this what awaits South Africa's Oscar Pistorius when he's sentenced for culpable homicide in the death of girlfriend Reeva Steenkamp?


Legal experts say it's impossible to predict what sentence Judge Thokozile Masipa may hand down. But many will be watching to see if the Olympian's dramatic fall from grace ends with time behind bars.


If that's indeed the case, the chances are that life would not be easy for South Africa's most famous disabled athlete.


A double amputee, he needs prosthetic limbs to get around. And rights campaigners warn that South African prisons -- which they say are notorious for overcrowding, gang violence and unsanitary conditions -- are often a difficult environment even for the fittest of inmates.









Oscar Pistorius gestures as he leaves the high court in Pretoria, South Africa, on Monday, October 13. Pistorius, the first double-amputee runner to compete in the Olympics, faces sentencing this week for the February 2013 death of his girlfriend, Reeva Steenkamp. A judge cleared Pistorius of premeditated murder last month, but he was found guilty of culpable homicide -- the South African term for unintentionally, but unlawfully, killing a person.Oscar Pistorius gestures as he leaves the high court in Pretoria, South Africa, on Monday, October 13. Pistorius, the first double-amputee runner to compete in the Olympics, faces sentencing this week for the February 2013 death of his girlfriend, Reeva Steenkamp. A judge cleared Pistorius of premeditated murder last month, but he was found guilty of culpable homicide -- the South African term for unintentionally, but unlawfully, killing a person.



Pistorius speaks with his uncle Arnold Pistorius during his trial at the Pretoria High Court on Friday, September 12.Pistorius speaks with his uncle Arnold Pistorius during his trial at the Pretoria High Court on Friday, September 12.



Pistorius cries on the stand in Pretoria on Thursday, September 11, as the judge reads notes while delivering her verdict.Pistorius cries on the stand in Pretoria on Thursday, September 11, as the judge reads notes while delivering her verdict.



Pistorius arrives at court on September 11.Pistorius arrives at court on September 11.



Pistorius speaks to someone in court as his murder trial resumes in Pretoria on Thursday, August 7.Pistorius speaks to someone in court as his murder trial resumes in Pretoria on Thursday, August 7.



Pistorius sits in court in Pretoria on Tuesday, July 8.Pistorius sits in court in Pretoria on Tuesday, July 8.



Pistorius arrives at court in Pretoria on Monday, July 7.Pistorius arrives at court in Pretoria on Monday, July 7.



Pistorius yawns during day 37 of his murder trial on June 3.Pistorius yawns during day 37 of his murder trial on June 3.



Pistorius hugs a supporter Wednesday, July 2.Pistorius hugs a supporter Wednesday, July 2.



Pistorius listens to evidence being presented in court on Monday, June 30.Pistorius listens to evidence being presented in court on Monday, June 30.



Pistorius leaves the court in Pretoria on Tuesday, May 20.Pistorius leaves the court in Pretoria on Tuesday, May 20.



Pistorius reads notes during his trial on Monday, May 12. Pistorius reads notes during his trial on Monday, May 12.



Ballistics expert Tom "Wollie" Wolmarans testifies for the defense on May 12.Ballistics expert Tom "Wollie" Wolmarans testifies for the defense on May 12.



A red laser dot points at bullet holes in the bathroom door for a forensic demonstration during the trial on May 12. Pistorius admits firing four bullets through the closed door, killing Steenkamp, but says he thought he was protecting himself from a burglar.A red laser dot points at bullet holes in the bathroom door for a forensic demonstration during the trial on May 12. Pistorius admits firing four bullets through the closed door, killing Steenkamp, but says he thought he was protecting himself from a burglar.



Pistorius returns to court as his murder trial resumes Monday, May 5, after a break of more than two weeks.Pistorius returns to court as his murder trial resumes Monday, May 5, after a break of more than two weeks.



Pistorius gets a hug from a woman as he leaves court in Pretoria on Wednesday, April 16.Pistorius gets a hug from a woman as he leaves court in Pretoria on Wednesday, April 16.



Pistorius rubs his eye Tuesday, April 15, after testifying during his murder trial.Pistorius rubs his eye Tuesday, April 15, after testifying during his murder trial.



Pistorius arrives at the court in Pretoria on Monday, April 14.Pistorius arrives at the court in Pretoria on Monday, April 14.



Pistorius' sister, Aimee, cries in court as she listens to her brother's testimony on Tuesday, April 8.Pistorius' sister, Aimee, cries in court as she listens to her brother's testimony on Tuesday, April 8.



June Steenkamp, Reeva Steenkamp's mother, reacts as she listens to Pistorius' testimony on April 8.June Steenkamp, Reeva Steenkamp's mother, reacts as she listens to Pistorius' testimony on April 8.



Pistorius is hugged by his aunt Lois Pistorius in court on Monday, April 7.Pistorius is hugged by his aunt Lois Pistorius in court on Monday, April 7.



Pistorius sits inside the courtroom as members of his defense team talk in the foreground Friday, March 28.Pistorius sits inside the courtroom as members of his defense team talk in the foreground Friday, March 28.



Pistorius leaves court on March 28. The trial was delayed until April 7 because one of the legal experts who will assist the judge in reaching a verdict was sick.Pistorius leaves court on March 28. The trial was delayed until April 7 because one of the legal experts who will assist the judge in reaching a verdict was sick.



Steenkamp's mother, right, and family friend Jenny Strydom react in court Tuesday, March 25, during cross-questioning.Steenkamp's mother, right, and family friend Jenny Strydom react in court Tuesday, March 25, during cross-questioning.



Cell phone analyst Francois Moller testifies during the trial on March 25. Questioned by the prosecution, Moller listed in order the calls made and received by Pistorius after he shot Steenkamp.Cell phone analyst Francois Moller testifies during the trial on March 25. Questioned by the prosecution, Moller listed in order the calls made and received by Pistorius after he shot Steenkamp.



Pistorius cries as he sits in the dock during his trial on Monday, March 24.Pistorius cries as he sits in the dock during his trial on Monday, March 24.



Pistorius talks to defense attorney Barry Roux on March 24. Pistorius talks to defense attorney Barry Roux on March 24.



Pistorius holds his head while members of his family talk behind him on Tuesday, March 18.Pistorius holds his head while members of his family talk behind him on Tuesday, March 18.



Steenkamp's mother, wearing the white collared shirt, looks on while a police officer takes notes in court March 18.Steenkamp's mother, wearing the white collared shirt, looks on while a police officer takes notes in court March 18.



Pistorius is hugged by his aunt Lois on March 18.Pistorius is hugged by his aunt Lois on March 18.



Pistorius takes notes Monday, March 17, as his murder trial enters its third week.Pistorius takes notes Monday, March 17, as his murder trial enters its third week.



Pistorius covers his head as he listens to forensic evidence Thursday, March 13.Pistorius covers his head as he listens to forensic evidence Thursday, March 13.



Forensic investigator Johannes Vermeulen, left, is questioned during the trial March 13.Forensic investigator Johannes Vermeulen, left, is questioned during the trial March 13.



Pistorius listens to questions during his trial on Wednesday, March 12.Pistorius listens to questions during his trial on Wednesday, March 12.



A police officer takes part in a court reconstruction March 12. A police forensic expert said Pistorius was on the stumps of his amputated legs when he knocked down a locked toilet door with a cricket bat to reach his shot girlfriend. That counters the track star's assertion he was wearing his prosthetic legs at the time. Defense attorney Barry Roux countered by suggesting that even with his prosthetic legs on, Pistorius would not be swinging a bat at the same height as an able-bodied person.A police officer takes part in a court reconstruction March 12. A police forensic expert said Pistorius was on the stumps of his amputated legs when he knocked down a locked toilet door with a cricket bat to reach his shot girlfriend. That counters the track star's assertion he was wearing his prosthetic legs at the time. Defense attorney Barry Roux countered by suggesting that even with his prosthetic legs on, Pistorius would not be swinging a bat at the same height as an able-bodied person.



Pistorius listens to cross-questioning on Monday, March 10.Pistorius listens to cross-questioning on Monday, March 10.



Friends of Steenkamp's family watch Pistorius during his trial on March 7.Friends of Steenkamp's family watch Pistorius during his trial on March 7.



Pistorius covers his ears on Thursday, March 6, as a witness speaks about the morning Steenkamp was killed.Pistorius covers his ears on Thursday, March 6, as a witness speaks about the morning Steenkamp was killed.



Pistorius' sister, Aimee, right, speaks with members of Steenkamp's family on March 6.Pistorius' sister, Aimee, right, speaks with members of Steenkamp's family on March 6.



Pistorius sits in court on the third day of his trial Wednesday, March 5.Pistorius sits in court on the third day of his trial Wednesday, March 5.



Pistorius appears on the second day of his trial Tuesday, March 4.Pistorius appears on the second day of his trial Tuesday, March 4.



Members of the media work during a break in proceedings March 4.Members of the media work during a break in proceedings March 4.



Pistorius talks with Roux inside the court on March 4.Pistorius talks with Roux inside the court on March 4.



Pistorius speaks with his legal representatives on March 4.Pistorius speaks with his legal representatives on March 4.



Pistorius is escorted out of the court Monday, March 3, after the first day of his murder trial.Pistorius is escorted out of the court Monday, March 3, after the first day of his murder trial.



People try to get a glimpse of Pistorius as he leaves the court building on March 3.People try to get a glimpse of Pistorius as he leaves the court building on March 3.



Pistorius is seen shortly after arriving for his trial on March 3.Pistorius is seen shortly after arriving for his trial on March 3.



Pistorius walks into the courtroom on March 3.Pistorius walks into the courtroom on March 3.



Pistorius takes a drink of water March 3 during his trial.Pistorius takes a drink of water March 3 during his trial.



The case has captivated South Africa. Here, Lauren Wentzel watches the proceedings from her home outside Cape Town on March 3.The case has captivated South Africa. Here, Lauren Wentzel watches the proceedings from her home outside Cape Town on March 3.



June Steenkamp arrives at the court building for the start of the trial.June Steenkamp arrives at the court building for the start of the trial.



Pistorius' relatives wait inside the courtroom on March 3.Pistorius' relatives wait inside the courtroom on March 3.



People at the court building wait for Pistorius' arrival on March 3.People at the court building wait for Pistorius' arrival on March 3.




Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial

Oscar Pistorius murder trial






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Photos: Oscar Pistorius murder trialPhotos: Oscar Pistorius murder trial






Remembering the 'Blade Runner's' career




Before and after the killing: the Pistorius I knew

Nooshin Erfani-Ghadimi, project coordinator for the Johannesburg-based Wits Justice Project, a civil society group, believes Pistorius would probably receive far better treatment than the average prisoner -- as he has throughout the judicial process, she says. That means he might get a cell to himself.


Even so, she told CNN, "I don't think anyone with a disability necessarily will be able to be provided for at the moment in a way that ensures that they would have the correct medical treatment, that they have the correct physical structures."


Some of South Africa's prisons are better than others, of course.


But whichever one might house Pistorius, there's no question that conditions would be a far cry from those in the $560,000 home in the luxury Silver Woods Estate, on the outskirts of Pretoria, where he shot Steenkamp dead last year.


Corrections chief: Prisons can meet his needs


South Africa's department of correctional services has policies in place for dealing with physically disabled inmates, Erfani-Ghadimi said.


"Policy and practice, however, are often poles apart. Unfortunately, prisoners with disabilities face the same inhumane conditions as other able-bodied inmates."


Acting National Commissioner of Correctional Services Zach Modise, testifying at Pistorius' sentencing hearing, painted a different picture.


He insisted that South Africa's prison system was able to meet Pistorius' needs as a disabled prisoner, saying it is used to taking in all kinds of prisoners, including juveniles and the elderly.


The prison system deals with 128 disabled inmates on a daily basis, he said, and has the appropriate facilities.


He insisted that if Pistorius were given a prison term, the hospital section of Kgosi Mampuru prison in Pretoria had single cells and the facilities to accommodate his needs.





What's next for Oscar Pistorius?




Pistorius judge, stern yet compassionate

"There should be no doubt in the minds of South Africans that Mr. Pistorius and any other inmate with disabilities will be accommodated properly," he said.


However, Pistorius defense attorney Barry Roux made the point that there was no guarantee that Pistorius would get a single cell if sent there, since the decision is made after a health assessment when he arrives.


He also said that if the athlete is sent to Kgosi Mampuru prison, there is only one doctor based there for roughly 7,000 prisoners.


Steenkamp's mother stunned by verdict, wants to meet Pistorius


Medical care overstretched


Prison rights campaigners say overcrowding is a major concern throughout the system. According to Erfani-Ghadimi, it's an issue that puts a strain on sanitation, ventilation and medical care.


The overcrowding means three men may share a single cell, or communal cells for 40 people are jammed with double the number they were intended to hold, with men sleeping in double or triple bunks, according to the Wits Justice Project.


One of the biggest risks associated with that is contracting tuberculosis, labeled the biggest killer in South Africa's prisons in a recent report, Erfani-Ghadimi said. The disease spreads easily in packed, steamy cells with little air.


In some prisons, overstretched nurses can never see all the people needing help on any day, she said. Inconsistent treatment regimens mean drug-resistant TB strains develop and spread, while disruptions to antiretroviral programs also affect detainees who are HIV-positive.


"Also in terms of health management we've seen stories of people who are diabetic and have gone into insulin shock because they've been arrested and haven't been able to get to their medication," Erfani-Ghadimi said.


Overcrowding is an issue across the prison system, Modise acknowledged, but has been reduced from a rate of 63% in 2005 to 31% today.


He said that prisoners are sent to health facilities outside detention centers, if necessary, and that they can also pay for private doctors to come into the prison to see them.


Asked about the problems of gangs and violence in prisons, Modise said that more needs to be done to eradicate gangs outside the prison system and that within the system, authorities are dealing with the issue.


Speaking earlier this year, Correctional Services Minister Sibusiso Ndebele said that "overcrowding at correctional facilities is a global challenge" and that South Africa's prison population had dropped over the past decade.


As of April of this year, there were about 157,400 inmates, of whom nearly 28% were on remand -- a term used for pretrial custody -- according to official figures. The country's total population is about 54 million.


Who is the judge that'll be sentencing Pistorius?


Double-edged sword


There's no doubt that Pistorius' case has put South Africa's justice system under the international spotlight.


While the scrutiny may have been uncomfortable at times for South African authorities, it appears to have worked in the track star's favor until now.


When he was first detained after Steenkamp's killing, the African National Congress Women's League complained that he got special treatment, both in where he was held and in access to his family.


Rise of 'cyberathletes' could change sport as we know it


Some impoverished suspects who can't afford a lawyer or bail spend months or even years waiting for their cases just to come to court. But Pistorius was released on bail with relaxed conditions, and his trial began little more than a year after Steenkamp's death on February 14, 2013.


Erfani-Ghadimi describes his progress through the legal system as "an anomaly" in terms of both speed and the expert resources dedicated to it.


"Other cases normally take much longer, and both the victims and the accused face the strong probability of a miscarriage of justice," she wrote in a piece published on The Conversation website.


However, when it comes to serving time in prison, the athlete's fame -- and the extra attention that goes with it -- could be a double-edged sword when it comes to getting special privileges, she told CNN.


"A lot of people are able to subvert (the system) and pay bribes and get away with things, but he hasn't been able to," she said. "But on the other hand, he has been able to get advantages that other people haven't."


'Living here is very hard'


Some of these differences may be stark.


The Wits Justice Project has highlighted the case of paraplegic inmate Ronnie Fakude, held on remand for 28 months before being freed on bail this year with an electronic tag, in a pilot monitoring project.


Before his release, he described his experience to Carolyn Raphaely, a senior journalist with the project.


"I'm a 50-year-old paraplegic and have been awaiting trial for more than two years since my arrest on fraud charges in December 2011. I can't walk, I can't control my bowel or bladder and have to wear disposable baby nappies which my family buy for me. I'm paralysed from level four and don't have a wheelchair," he said, according to the project.


"If I use my [crutches] I have to pull my legs and throw them to the front. That's how I walk. Living here is very hard. We are 88 men in this cell which is meant for 32. Sometimes there are more. Twelve people sleep in two bunks pushed together, that's six on the top and six on the bottom. I have my own bed on the bottom, which is a privilege. Luckily, I don't have to share because of my medical status.


"There are eight or 10 people with TB in this cell and four or five we know are HIV-positive. A guy with multi-drug resistant TB sleeps on top of me. I feel vulnerable all the time."


Erfani-Ghadimi argues that as a severely disabled man, Fakude should never have been in detention at all. And if she had her way, the same would be true for Pistorius.



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