The favourite port seems to be Thailand, but any third world country meets the brief. An uproar usually follows death sentences being imposed, and the shocking and inhumane conditions of prisons that these unfortunate souls are subjected to are splashed across the media. We gasp and shake our heads, but really, the sentiment is, well, it serves them right, they were smuggling drugs after all.
Quite obviously these mules are stupid, desperate, greedy or addicts themselves, and anyway, so what, it will never happen to us and so we carry on. The devastating truth is that it could, if not happen to ourselves, happen to someone we love.
South Africa is one of only three countries in the world that does not have prisoner transfer agreements. In terms of these agreements, other countries in can transfer prisoners back to their home countries once the prisoner has served part of their sentence in the country they were sentenced in.
This serves two purposes, firstly, the country in which the person was sentenced doesn’t have to bear the cost of continued incarceration and, secondly, the inmate has access to see their family once returned to their country of origin, albeit from behind bars.
South Africans are denied this option.
In terms of section 35(2) of the South African Constitution, every prisoner has the right to detention conditions that are consistent with human dignity, which includes the right to communicate with, and be visited by, spouses and children. It is a reality for hundreds of families who have a relative in prison abroad that due to the costs involved, most families of prisoners held overseas can’t exercise this right.
We all need to lobby government to enter into prisoner exchange agreements. If you commit the crime, serve the time – but at least have the opportunity to do it on home ground.
