April 27, 2010

Prison Conditions and Consequences for Detainees’ Health

These conditions defeat the purpose of rehabilitation. You cannot subject people to this and expect them to reform. It’s so tough and rough that it is survival of the fittest. A person who walks in a good person, before serving one fourth of their sentence, they become a beast. They leave deformed. These conditions destroy us mentally and physically.
Winston, 35, Mukobeko Maximum Security Prison, September 29, 2009

All prisoners are due respect based on their inherent dignity as human beings.[91] The requirement to take positive steps to ensure minimum guarantees of humane treatment for persons within their care[92] implies an obligation on states “to fulfil and protect the various human rights of detainees, above all their rights to food, water, health, privacy, equal access to justice and an effective remedy against torture and other human rights violations, [which] derives from the simple fact that detainees are powerless.”[93] Current conditions in Zambian prisons violate international law and standards on prisoners’ welfare.

Overcrowding

The way they used to pack slaves in the ship, that is how we sleep.
– Kenneth, 37, Mukobeko Maximum Security Prison, September 30, 2009

Zambian prisons are among the most overcrowded prisons in the world, and were at over 275 percent of capacity in October 2009.[94] The government of Zambia itself has admitted that “Zambian prisons have for a long time experienced enormous problems” including “poor state of infrastructure, congestion, poor diet, poor health care, poor sanitation and water supply and a general lack of rehabilitation facilities,” and that existing prison population levels “cannot be sustained by the current prison infrastructure.”[95] International monitors have also repeatedly recognized that overcrowding in Zambian prisons is unacceptable, as are the health and human rights consequences of this overcrowding.[96]

Overcrowding often leads to or exacerbates other problems, including inadequate food, nutrition, and health care; inadequate living conditions; and poor health and hygiene. International standards establish basic requirements with respect to prisoners’ accommodations, including with regard to ventilation, floor space, bedding, sanitation facilities, personal hygiene, and room temperature.[97] PRISCCA, ARASA, and Human Rights Watch documented serious overcrowding that violated these basic standards, and exacerbated existing human rights violations.

At the time of our visit, Mukobeko Maximum Security Prison, a facility built in 1950 for a capacity of 400, housed 1731 inmates[98]—433 percent of its capacity. Lusaka Central Prison, a facility built in 1923 with a capacity of 200[99] housed 1145[100]—573 percent of capacity. Mwembeshi, a farm prison opened with a capacity of 55 inmates, housed 342—622 percent of its capacity—on the day of our visit.[101] At Mukobeko, 140-150 inmates sleep in cells measuring eight meters by four meters,[102] which inmates reported were designed for 40.[103] At Choma, 76-78 inmates sleep in each eight meter by four meter cell.[104]

International standards require that prisoners be provided with a separate bed, and separate, sufficient, and clean bedding. These requirements were not met in any of the facilities visited by PRISCCA, ARASA, and Human Rights Watch.[105]

At many prisons visited, overcrowding is often so severe that inmates cannot lie down at night. J. Kababa, officer in charge at Lusaka Central, confirmed that at that facility: “they sleep in shifts. Because of the congestion, not all can sleep at once. Some sleep, some sit. They take turns to make sure that others get a chance.”[106] He elaborated: “They are not sleeping, they are just squatting. Instead of resting in the night, they come out tired.”[107] Felix, 43, an HIV-positive remandee at Mukobeko, reported that “we have no space. There is not even enough space to lie down. We must sit, packed in like bags.”[108] Detainees at Mukobeko, Mumbwa, and Mwembeshi reported that they sleep on their sides, up to five on a mattress, unable to turn over.[109]

Officers recognized the pain experienced by inmates held in such overcrowded conditions. The social welfare worker at Lusaka Central Prison noted: “There is terrible suffering when you see them at night.”[110] “I am not happy to keep people in these inhumane facilities,” the offender management officer at Mukobeko, admitted.[111]

Over and over again, inmates reported the horrific overcrowding they face every night in their cells, describing the bodies of inmates in the cell as “squeezed like logs in a pile,”[112] “packed like sacks,”[113] or “like bodies in a mortuary,”[114] “like fish in a refrigerator,”[115] or simply “packed like pigs.”[116] Albert, 30, a remandee at Lusaka Central told PRISCCA, ARASA and Human Rights Watch:

We are not able to lie down. We have to spend the entire night sitting up. We sit back against the wall with others in front of us. Some manage to sleep, but the arrangement is very difficult. We are arranged like firewood.[117]

Such overcrowding leads to terrible, repeated suffering, night after night. As Rodgers, age 42, a remandee at Lusaka Central said, “we are being tormented physically. The way we sleep. If you put more pigs in a room for a night than can fit, in the morning you would find all the pigs are dead. These are the conditions we are in.”[118]

Packed together in their cells from four p.m. to six a.m. nightly, illness spreads rapidly among inmates: The medical officer at Choma reported that the most common health problems are respiratory infections, diarrhea, and skin conditions and rashes.[119] Prisoners across facilities reported frequent rashes as a result of close bodily contact. As immigration detainee Jean Marie, age 28, put it, “we are sweating at night on the floor; we don’t know what illness we have but we pass them back and forth.”[120]

The risk of TB transmission is high. Sick and healthy are routinely mixed together, and multiple inmates reported frequent coughing.[121] International standards require proper ventilation to meet the requirements of health and require that windows be large enough to allow the entrance of fresh air.[122] However, ventilation requirements are not met at Zambian prisons. Several of the prisons we visited lacked adequate ventilation, and had only air vents.[123] “We are all breathing the same confined air, contributing to all airborne diseases,” Hastings, 32, told us.[124] Esther, 47, confirmed:

Ventilation is very poor. I have very small window and cell captains block windows with their shoes, etc. and in this season it is so bad, some people faint in the night. In the last month, five times. When we are full, which is at least once a month, we have to sleep sitting up.[125]

International law requires that accused persons and prisoners held on non-criminal charges be kept separate from the convicted and treated separately; that adults and children, and men and women also be separated.[126] Zambian law on the books is in line with most of these standards. However, in practice, detention practices can be different.[127] Men and women were separated at all of the facilities PRISCCA, ARASA, and Human Rights Watch visited, and women guarded only by female officers. However, our research found that, apart from separation of male and female detainees, all categories of prisoners were packed together, in violation of international standards. Convicted, unconvicted, and immigration detainees were held together at all facilities, including non-criminal immigration detainees (among them asylum seekers) held solely on administrative rather than penal grounds, pending their deportation.

Children were not separated from the adult population at the facilities we visited that included child inmates. Patrick Chilambe, the officer in charge at Choma, confirmed that all prison populations, except for males and females, are routinely mixed;[128] “as a father it pains me,” he told us, that children do not have their own facilities—“we need to build a separate area for juvenile offenders.”[129] Kabinga, 17, reported that we “are not happy to share the same cell with adults and have complained to prison management, but our complaint has been ignored.”[130] Peter, a teenager, reported being threatened by other inmates if he revealed the combined sleeping arrangements: “We sleep with the adults, but they told us to say we sleep in a juvenile cell. If we don’t say we sleep in a separate cell, they will beat us. We are given punishment when we start talking. But we are scared we might die here.”[131]

Food and Nutrition

People are very, very hungry. It is difficult to rehabilitate someone when he is starving.
– Clement, 28, Mukobeko Maximum Security Prison, September 30, 2009

The most universal complaint we heard about prison conditions—from nearly every prisoner at every facility we visited—involved the insufficiency and low quality of the food. The food was described by prisoners as “not fit for human consumption,”[132] “food in name only,”[133] and “fit for pigs.”[134] “They really are not getting enough food,” the chaplain at Mukobeko admitted; in fact, “[they are] starving. They always eat something, but it can be a struggle.”[135]

Particularly harsh conditions of detention, including deprivation of food, constitute inhuman conditions of detention in violation of the ICCPR.[136] International standards require that prisoners be supplied with “food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served.”[137] This standard has been cited with approval by the UN Human Rights Committee when examining the minimum standards that a state must observe for those deprived of their liberty, “regardless of a state party’s level of development.”[138] International standards further protect the rights of children deprived of their liberty to suitable food of sufficient quantity and quality to satisfy dietetic, health, and hygiene requirements.[139] Zambian law prescribes a dietary scale that includes meat or fish, cocoa, sugar, salt, fresh fruits in season, and fresh vegetables.[140] Neither international law and standards nor Zambian law requirements are met by the diet provided to prisoners.

Food consists usually of rice at breakfast, followed by a single meal[141] of maize meal and kapenta (tiny dried fish commonly eaten in Zambia) and/or beans at four p.m.. Despite the fact that farm prisons grow tomatoes and other vegetables, the occasional cabbage was the only government-provided vegetable, and most of the vegetables grown on the farms are sold to generate prison income.[142] Cruelly, inmates must therefore toil to produce vegetables that they virtually never have the opportunity to eat, only to see them sold off and the profits disappear into the prison system. The Zambia Prisons Service HIV and AIDS/STI/TB Strategic Plan (2007-2010) has noted that “the practices of diverting food from prisons or selling crops where the proceeds do not revert back to Prisons Service must be stopped.[143] “Vegetables?” asked Winston, 35, “It’s like vegetables don’t even exist. They sell the stuff from the farm; we don’t ever see it.”[144] The quantity of meals was reported by prisoners across facilities and confirmed by the officer in charge at Mumbwa to be approximately 400 to 450 grams of maize meal per day (400 grams of maize meal is equivalent to roughly 1,400 calories[145])—in addition to small quantities of beans and/or kapenta.[146] George Sikaonga, the officer in charge at Mukobeko, though, claimed that the issue, as per the dietary school, was 900 grams of maize meal per day.[147] Meals were widely considered insufficient and many prisoners reported a constant feeling of hunger.[148] “I go to bed hungry,” George, 44, an immigration detainee at Kamfinsa, told us.[149] Frederick, 23, an inmate at Mwembeshi farm prison, said that “we are starving by the time we eat and it is not enough after all day of work.”[150]

Inmates and prison officers at several prisons reported that prisoners were routinely denied food. Inmates at farm prisons said that these facilities often ran out of food, leaving some inmates with nothing to eat. Johnston, 41, a remandee at Mumbwa, told us that remandees only eat after convicts, “so if it is all gone, we don’t eat anything. This happens regularly.”[151] Robbie, 33, an inmate at Mwembeshi farm prison, reported “we have a shortage of food. When we are short, we have to sleep without eating anything until tomorrow. Some nights we eat nothing. When we are short, we just sleep like that. It happens once a week, sometimes twice a week.[152] Furthermore, Adam, 34, a remandee at Mumbwa, reported that because the prison has no electric cookers, “When it rains we can’t use the firewood. We eat nothing on those days. When we can’t cook, we don’t eat.”[153] The officer in charge at Choma said that because of firewood shortages, cooking and serving meals was sometimes done only once a day.[154]

Poor nutrition leads to numerous health problems. Dr. Chileshe confirmed that malnutrition is a serious problem throughout the prison system.[155] The medical officer temporarily stationed at Mukobeko, who has been with Zambia Prisons Service for nine years, noted that food provided to prisoners is inadequate and unvaried, with the result that some prisoners become malnourished; approximately seven of every 20 medical cases he screens point to malnutrition.[156] The medical officer at Choma prison also confirmed that she found inmates to be malnourished.[157] Inmates reported that the poor quality of food and water led to persistent diarrhea[158]; one reported dental problems as a result of the stones mixed in with the food,[159] and another reported that he couldn’t see properly as a result of malnutrition.[160]

The lack of nutritional diversity in prisoners’ diet may be creating serious and life-threatening health conditions: PRISCCA, ARASA, and Human Rights Watch heard repeated reports of swollen legs and feet,[161] symptoms which are consistent with the nutritional deficit disorder “beri beri.”[162] Francis Kasanga, the deputy officer in charge at Mukobeko, reported that in winter (July) 2009, as many as seven inmates had developed swollen legs and died shortly thereafter. An investigation was conducted and “several doctors recommended the introduction of a special diet, including fruit for the affected, and the problem cleared after this intervention.”[163]

There is no special diet for pregnant women[164] or for women who are nursing.[165] Despite international standards calling for special provision for children incarcerated with their parents[166] and the legal provision that, subject to the commissioner’s conditions, “the infant child of a woman prisoner may be received into the prison with its mother and may be supplied with clothing and necessaries at public expense,” and may stay up until age four,[167] there is no food at all allocated to the children under age four who live with their mothers in prison facilities; they are expected to share out of the portion of the mother.[168] In situations where women are unable to breastfeed, the prison does not offer infant formula. Agnes, 25, an inmate living with her nine month-old baby boy, informed us:

My child is not considered for food—I give my share to the baby (beans and kapenta)—we eat once a day. I am not given any extra food, and no special diet for the child. I am simply able to make some porridge for him out of my nshima [a cornmeal porridge]. The baby has started losing weight and has resorted to breast milk because the maize meal is not appetizing.[169]

The officer in charge at Lusaka Central echoed these concerns: “I get no budget for the children’s food, they must eat their mothers’ food. They are hungry a lot.”[170] Tasila, 24, a pregnant inmate, expressed concern about how she would keep her child fed, clothed, and in good health.[171] Annie, 33, an HIV-positive female inmate, told us that the she could not get extra food for her child, even from church donations, because the “cell captains and officers contrive to take donations of food and goods brought by the church. There is nowhere to go and complain.”[172]

As a result of chronic food shortages, food has become a commodity that is traded to the most vulnerable in exchange for sex and labor. As Willard, 25, put it, “Food is used as power. Those who have relatives who bring them food are powerful in prison, those of us without relatives are weak.”[173]

Orbed, 26, described to us how inmates come to trade sex for food:

Food is a major problem. The quantity and quality are both poor. It is not enough to sustain one’s life in here. We lose weight, we are enslaved—all because of food. Those who are able to afford food can enslave others. They say, “I will give you whatever you want for food if you sleep with me,”—it happens a lot.[174]

Lawrence, 33, confirmed this practice:

Those who have been here much longer get more food, and the lion’s share of everything. For those who come late, they must give services in exchange. It is very common, especially for those who do not receive any help from their families. They are the victims. The food we are fed with is not food that someone can live with. So people tend to give in to such practices if they are less privileged.[175]

Prisoners speaking with us recognized that sex can spread HIV:

I have seen [sexual activity] happen all the time where mostly the lifers, who have nothing to lose, will entice new and vulnerable inmates to sodomy with food and cooking oil. Then they get HIV and when they get out they infect their families. Or they die. I have had several friends catch and die of HIV that way.[176]

Access to Potable Water and Basic Hygiene

It tastes foul, but we drink it.
– Annie, HIV-Positive Inmate, Lusaka Central Prison, October 4, 2009

The UN Standard Minimum Rules on the Treatment of Prisoners specify that sanitary facilities shall “enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner” and furthermore that “[a]dequate bathing and shower installations shall be provided so that every prisoner may be enabled and required to have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for general hygiene according to season and geographical region.”[177] Sanitation and water facilities in Zambia’s prisons do not meet international standards and indeed violate prohibitions on inhuman and degrading treatment. They also pose a major health risk.

Toilets are insufficient in number and are filthy; in some prisons they consist only of a hole in the ground and at others simply a bucket.[178] At Mwembeshi, inmates reported that there were no toilet facilities at all in the cells, and a bucket was used overnight. The lack of a sewer system, the officer in charge concluded, is “dehumanizing.”[179] What outmoded and insufficient sewer systems do exist are constantly backing up—all of the pipes of the Mukobeko sewer system, built in 1957, are constantly blocked.[180] At that prison, 10 outdoor toilets are shared by more than 1,000 inmates. Paul, 33, at Mukobeko, said, “you pray for your friends not to use the loo.”[181] “You have to plan in advance because there is a long queue,” Daniel, 39, a “lifer” at Mukobeko, pointed out. “You can wait for hours,”[182] leading to fights between inmates.[183] In the cells at Mukobeko, with one toilet for 140-150 inmates, “we queue from when we are locked up, straight through until the morning.”[184] Anderson, 35, an inmate at Choma, told us that there were two toilets for 150 inmates on his side of the prison, which overburdened the system to the extent that “the toilets are always overflowing as people have diarrhea all the time.”[185] At Lusaka Central, female inmates reported that the two toilets in each cell are reserved for urination: “If we excrete for any reason...we were told we would be punished by the cell captain,”[186] –“we must get permission from cell captain to poop when necessary.”[187]

Inadequate toilet and bathing facilities pose particular problems for disabled inmates. Chrispine, 46, a remandee on crutches with one leg amputated, told us that it was particularly hard for him to use the hole in the ground for a toilet,[188] a difficulty confirmed by other disabled inmates.[189] “I find it difficult to balance, jumping over my colleagues in the cell to the toilet,” one explained.[190]

Additionally, water sources at some facilities are disturbingly close to sanitation outflows.[191] As Kalunga, 29, reported, “there is one bowl and pump for water, right next to the pit for trash, which is right next to the pit toilets.”[192] At Mwembeshi, the offender management officer told PRISCCA, ARASA, and Human Rights Watch that “the water table is low, close to latrines. The technician told us we need more chlorine which we don’t often have.”[193]  Inmates at multiple facilities described drinking water as unclean.[194]  

Furthermore, despite international standards dictating that drinking water be available to every prisoner whenever he or she needs it,[195] water availability is subject to shortages at many of the prisons, in some cases because the water bill is not paid,[196] water is rationed[197] or during electrical shortages.[198] At Mukobeko, the offender management officer reported that the water supply is clean but subject to erratic supply.[199] A prison officer at Mukobeko told us that he has seen fighting among the inmates “many times in accessing water.”[200] Water shortages lead to the use of unclean water: “There is tap water but we go to a stream to fetch water when we get none—none of it is treated, it does not look clean.”[201]

Bathing facilities at some prisons are squalid. At Mwembeshi, the bathing area is a muddy grass structure with no drainage[202] and prisoners reported sharing buckets used for bathing.[203] One inmate reported that they even reuse the same containers for bathing which are used as toilet facilities in the cell at night.[204]

A possible consequence of such poor water quality and sanitation, diarrheal disease is common among inmates. At Mwembeshi, the offender management officer informed us that poor hygiene resulting from a lack of toilets with water, and the use of buckets, facilitates diarrhea.[205] Inadequate water quality and sanitation also can have additional, deadly consequences for inmates: Adam, 34, a remandee, told PRISCCA, ARASA, and Human Rights Watch, “the remandees are told to pick up the toilet tissues after the night and clean up the area in the cell. This is without gloves, it spreads diseases. There was a cholera outbreak a while back in cell three, [which made] 15 inmates [sick].”[206] Unclean bathing facilities also lead to illness. In the ablution block, Moono, a teenager at Lusaka Central, told us, “we end up contracting skin diseases, and there is no proper water.”[207]

The Prisons Service does not provide basic necessities to prisoners, and they are left instead to rely on family members, church donations,[208] or an exchange of sex or labor in order to obtain soap, razors, sanitary pads, and items essential to proper hygiene. International standards require that prisoners shall be provided with toilet articles necessary for health and cleanliness, as well as razors.[209] Zambian law provides that, if an unconvicted prisoner does not provide himself with food and clothing, “he shall receive normal prison food, clothing, and other necessaries”[210] and that convicted prisoners receive these essentials. Yet such articles are not provided. As Catherine, 38, described,

The prison does not provide us with soap, toothpaste, or sanitary pads. If others don’t bring them for us, we have nothing. There are lots of people with no relatives here. They have nothing....Some people have no relatives—if you have no food, you are nobody in this place. You can trade a cup of sugar for work.[211]

The unavailability of soap leads to poor hygiene: As the HIV/AIDS coordinator at Lusaka Central reported, “hygiene is a big problem—no toothpaste, soap, clean clothing, and mattresses are not clean. There are not enough blankets, and no sheets—prisoners get cold. They have no spares, so they cannot wash them.”[212] Inmates routinely rely on shared razor blades,[213] or used razor blades,[214] very high risk behavior that promotes transmission of Hepatitis and HIV. Additionally, inmates are not provided with basic cleaning materials such as gloves and disinfectant in order to clean the latrines or toilet buckets.[215]

International standards require that prisoners be issued separate and sufficient bedding that is “clean when issued, kept in good order and changed often enough to ensure its cleanliness.”[216] Yet in Zambia, mattresses and blankets are filthy and go for months without being washed,[217] in violation of international standards. As Jacob, 26, an inmate at Mwembeshi, told us, “the blankets, they are not clean. Since I came, they have not been cleaned. Someone told me they have not been cleaned since 2005. There are lice and dust in all of them.”[218] Vermin, lice, and cockroaches are commonplace. Indeed, at Mwembeshi, another inmate, 26, reported that “one captain does not let people kill the lice—it is just to be mean and mock them.”[219] Mary, 27, who sleeps by the storeroom at Lusaka Central, had insects enter her ear in the night, and she had to be taken to the hospital.[220]

Uniforms are not provided to remandee prisoners, and clothing provided to convicts is grossly inadequate.[221] Female inmates are given uniforms designed for male inmates.[222] Some of the inmates at each prison are entirely without shoes; others wear only a single shoe. Others wear only half a uniform. The officer in charge at Choma confirmed that while convicted prisoners are meant to be provided with one prison uniform, the uniforms have run out, and often uniforms are taken from older convicts to give to the new.[223] Marlon, 17, in rags, noted simply “I have no proper clothes.”[224] “Some people are walking naked, with no uniforms,” Reynard, 35, observed.[225] With only one set of clothing, inmates are forced to wear their uniform at all times, even when wet.[226] Mwape, 47, at Mukobeko, declared, “I have only one torn t-shirt, one old short, and a pair of sandals to survive on the remaining 11 years of my 17 year sentence.”[227] Mwisa, 29, an inmate at Choma, expressed the toll that inadequate clothing takes on the psyches of inmates: “We have no coats in winter, and people fall ill. It’s a matter of health, but also of dignity. How can one be dignified when begging for clothes?”[228]

Mosquito nets are not provided, despite frequent cases of malaria, and only a few personally owned nets were present at some of the prisons we visited. Sylvia, age 70, informed us that in her cell, “we have two major problems: One, plenty of mosquitoes, and two, no nets.”[229]

Rape

Studies have documented the occurrence of sexual activity inside Zambian prisons,[230] and even the former president has acknowledged this fact.[231] Overcrowding in prisons has been shown to contribute to sexual violence.[232] Our findings suggested a high prevalence of sexual activity between male (but not female) inmates, including consensual sex between adults and the adult relationships described above in which sex was traded for food. PRISCCA, ARASA, and Human Rights Watch also heard reports of rape. Sexual activity was reported at Mukobeko, Kamfinsa, and Lusaka Central prisons, and less frequently at Mumbwa, Mwembeshi, and Choma prisons.

Although there is no general definition of rape in international human rights law, rape has been authoritatively defined as “a physical invasion of a sexual nature, committed on a person under circumstances which are coercive.”[233] Under Zambian law, rape is a gendered crime and may only be committed against a woman. Sexual activity with children under age 16 constitutes defilement under Zambian law.[234] In Zambian prisons, children are frequently forced into sexual relationships constituting rape, particularly when they are held with adult prisoners. At the time of our visit to Mukobeko, three juveniles were held in a cell with three adults— two of the adults in the cell were in prison on charges of defilement of a minor.[235]

Chris, 17, reported that:

I have witnessed sexual abuse. One of the older inmates who was put into our cell to sleep at night started showering my cellmate, a juvenile, with gifts. He promised him money in return for sexual favors. My friend wasn’t happy, and neither did he consent. But the other imposed himself by buying him off with gifts, and saying that there was 100,000 kwacha [US$21] waiting for him “at the reception”. When the older inmate finally approached him sexually, my friend was intimidated, but managed to shout and attracted the attention of the other juveniles. Unfortunately we reported it to the officer on duty at night, and he promised to address it the next day, but he didn’t. The cell captain intervened, though, and removed the man, putting him into one of the other cells....Do I feel safe? No, I don’t feel safe.[236]

David, a teenager at Lusaka Central, reported that “I haven’t physically been abused, because I know the system, and avoid enticements. But my more vulnerable friends fall prey. Once you eat the food, they reprimand you, say you have no choice. I have seen it happen. It pains me to see the pain they undergo as juveniles.”[237] Moono, a teenager at Lusaka Central, concluded: “Mainly the juveniles are very vulnerable. As young people coming into prison, we are full of fear. The convicts take advantage of us by providing us with food and security. We enter their dragnet, but by the time we discover this it is too late.”[238]

Sometimes adults become victims of male rape, too. Evans, 43, a remandee at Lusaka Central, concluded:

Sometimes when you are sleeping someone gets under you. He’s already in your anus. Others wake up, and catch that man....They are brought before the authorities. Sometimes they overlook it, or the officer in charge can take you to the courts of law.[239]

We found, however, that significant denial among the officers exists as to the occurrence of sexual activity: the officer in charge at Mukobeko informed us that no prisoners were engaged in sexual activity to his knowledge,[240] but the deputy officer in charge at Mukobeko admitted that he “had learned of fights between inmates of prisoners fighting over sexual and romantic partners.”[241] Furthermore, a prison officer at Mukobeko told us that he received roughly three reports a month of sexual activity and that “captains are empowered to attend to this.”[242] At Kamfinsa, Patrick Mundianawa, the officer in charge, said that there is “almost no sexual activity at the prison,” only attempts.[243] At Lusaka Central, the officer in charge admitted that “there is a small amount of sexual activity in the prison. When it happens, cell leaders report and we investigate. We rush the victim to the hospital for physical exam. If it is confirmed, the aggressor is taken to court. We always punish someone because it can’t be acceptable as if we did that it would get out of hand.”[244] “I don’t know, I haven’t heard any complaints,” the officer in charge at Mumbwa demurred,[245]  but the deputy officer in charge, D. Mulenga, told us that he was aware of cases of consensual sex.[246] The officer in charge at Choma reported that there was no sexual activity in the prison currently.[247]

[91] ICCPR, art. 10; Convention on the Rights of the Child, art. 37; Basic Principles for the Treatment of Prisoners, prin. 1.

[92]See UN Human Rights Committee, General Comment No. 21, para. 3. See also Manfred Nowak, United Nations Covenant on Civil and Political Rights: CCPR Commentary, 2nd rev. ed. (Kehl/Strasbourg/Arlington, N.P. Engel Verlag, 2005), p. 241 et seq; Manfred Nowak, Interim Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, U.N. Doc. A/64/215 (2009), http://www2.ohchr.org/english/issues/torture/rapporteur/docs/A-64-215.pdf (accessed March 2, 2010).

[93]Nowak, Interim Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. See also notes 71 and 72 and related text.

[94] US Department of State, “2009 Human Rights Report: Zambia”; PRISCCA, ARASA, and Human Rights Watch telephone interview with Zambia Prisons Service headquarters, November 23, 2009.

[95] Government of Zambia, “National Report Submitted in Accordance with Paragraph 15(A) of the Annex to Human Rights Council Resolution 5/1: Zambia,” U.N. Doc. A/HRC/WG.6/2/ZMB/1 (2008), para. 61.

[96]The US State Department report from 2009 acknowledged rates of overcrowding to the extent that some inmates were forced to sleep sitting upright, and noted that “[p]oor sanitation, dilapidated infrastructure, inadequate and deficient medical facilities, meager food supplies, and lack of potable water resulted in serious outbreaks of dysentery, cholera, and tuberculosis, which the overcrowding exacerbated.” US Department of State, “2009 Human Rights Report: Zambia.” In 2007, the Human Rights Committee “expresse[d] concern at the intolerable rate of prison overcrowding and the very poor conditions in places of detention” and called on Zambia to develop alternatives to imprisonment. Indeed, it recommended that “To the extent that the State party is unable to meet the needs of detainees, it should immediately take action to reduce the prison population.” UN Human Rights Committee, “Consideration of Reports Submitted by States Parties under Article 40 of the Covenant: Concluding Observations of the Human Rights Committee: Zambia,” U.N. Doc. CCPR/C/ZMB/CP/3 (2007), pp. 6-7. In 2008, the Committee Against Torture expressed concern regarding “the severe overcrowding in detention facilities.” Committee Against Torture, “Consideration of Reports Submitted by States Parties Under Article 19 of the Convention: Concluding Observations of the Committee Against Torture: Zambia,” U.N. Doc. CAT/C/ZMB/CO/2 (2008), http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G08/421/29/PDF/G0842129.pdf?OpenElement  (accessed March 2, 2010), para. 15

[97] UN Standard Minimum Rules for the Treatment of Prisoners, arts. 9-19.

[98] PRISCCA, ARASA, and Human Rights Watch interview with George S. Sikaonga, officer in charge, Mukobeko Maximum Security Prison, September 29, 2009.

[99]PRISCCA, ARASA, and Human Rights Watch interview with J. Kababa, officer in charge, Lusaka Central Prison, October 3, 2009.

[100] Ibid. In fact, each of the six prisons we visited far exceeded its design capacity: Kamfinsa Prison, built with a design capacity of 1000, housed 1494 inmates. PRISCCA, ARASA, and Human Rights Watch interview with Patrick Mundianawa, officer in charge, Kamfinsa Prison, October 1, 2009. At Mumbwa Prison, a facility built to hold 150 inmates held 354 on the day of our visit—sometimes the facility holds as many as 460. PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009. Choma prison holds 251, though it was built with a capacity of 120. PRISCCA, ARASA, and Human Rights Watch interview with Patrick Chilambe, officer in charge, Choma Prison, October 8, 2009.

[101] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mwembeshi Prison, October 6, 2009.

[102] PRISCCA, ARASA, and Human Rights Watch interview with George S. Sikaonga, officer in charge, Mukobeko Maximum Security Prison. September 29, 2009.

[103] Prisoners PRISCCA, ARASA, and Human Rights Watch interviewed will be cited by unique pseudonym or by a unique code assigned to each prisoner interviewed by researchers, indicating the initials of the interviewer, the date of the interview, and assigning each prisoner interviewed a number. PRISCCA, ARASA, and Human Rights Watch interview with Hastings, Mukobeko Maximum Security Prison, September 29, 2009; PRISCCA, ARASA, and Human Rights Watch interview with KT-29-05, Mukobeko Maximum Security Prison, September 29, 2009.

[104] PRISCCA, ARASA, and Human Rights Watch interview with Patrick Chilambe, officer in charge, Choma Prison, October 8, 2009.

[105] UN Standard Minimum Rules for the Treatment of Prisoners, para. 19.

[106] PRISCCA, ARASA, and Human Rights Watch interview with J. Kababa, officer in charge, Lusaka Central Prison, October 3, 2009.

[107] Ibid.                                                                                                                                                                 

[108] PRISCCA, ARASA, and Human Rights Watch interview with Felix, Mukobeko Maximum Security Prison, September 29, 2009. See also PRISCCA, ARASA, and Human Rights Watch interview with KT-03-06, Lusaka Central Prison, October 3, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Evans, Lusaka Central Prison, October 4, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Chiluba, Lusaka Central Prison, October 4, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Gideon, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Kalunga, Mukobeko Maximum Security Prison, September 30, 2009.

[109] PRISCCA, ARASA, and Human Rights Watch interview with KT-06-03, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Gideon, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Noah, Mumbwa Prison, October 5, 2009. Two women and two children sleep per mattress on the women’s side of Lusaka Central. PRISCCA, ARASA, and Human Rights Watch interview with Inonge, Lusaka Central Prison, October 3, 2009.

[110] PRISCCA, ARASA, and Human Rights Watch interview with social welfare worker, Lusaka Central Prison, October 3, 2009.

[111] PRISCCA, ARASA, and Human Rights Watch interview with Liberty Halanga Hangoma, offender management officer, Mukobeko Maximum Security Prison, September 29, 2009.

[112] PRISCCA, ARASA, and Human Rights Watch interview with Winston, Mukobeko Maximum Security Prison, September 29, 2009.

[113] PRISCCA, ARASA, and Human Rights Watch interview with Allan, Mukobeko Maximum Security Prison, September 29, 2009.

[114] PRISCCA, ARASA, and Human Rights Watch interview with Semba, Mumbwa Prison, October 5, 2009.

[115] PRISCCA, ARASA, and Human Rights Watch interview with Gerald, Mukobeko Maximum Security Prison, September 30, 2009.

[116] PRISCCA, ARASA, and Human Rights Watch interview with Chrispine, Kamfinsa Prison, October 1, 2009.

[117] PRISCCA, ARASA, and Human Rights Watch interview with Albert, Lusaka Central Prison, October 3, 2009.

[118] PRISCCA, ARASA, and Human Rights Watch interview with Rodgers, Lusaka Central Prison, October 3, 2009.

[119] PRISCCA, ARASA, and Human Rights Watch interview with B.M. Hambwalou, medical officer, Choma prison, October 8, 2009.

[120] PRISCCA, ARASA, and Human Rights Watch interview with Jean Marie, Lusaka Central Prison, October 3, 2009.

[121] See, e.g., PRISCCA, ARASA, and Human Rights Watch interview with Kalunga, Mumbwa Prison, October 5, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Inonge, Lusaka Central Prison, October 3, 2009.

[122] UN Standard Minimum Rules for the Treatment of Prisoners, paras. 10 and 11(a).

[123] PRISCCA, ARASA, and Human Rights Watch interview with KT-04-06, Lusaka Central Prison, October 4, 2009.

[124] PRISCCA, ARASA, and Human Rights Watch interview with Hastings, Mukobeko Maximum Security Prison, September 29, 2009.

[125] PRISCCA, ARASA, and Human Rights Watch interview with Esther, Lusaka Central Prison, October 4, 2009.

[126] ICCPR, art. 10; UN Standard Minimum Rules for the Treatment of Prisoners, paras. 9-11; Body of Principles, prin. 8. Human Rights Committee, General Comment 21, paras. 9 and 13; United Nations High Commissioner for Refugees, “Detention of Refugees and Asylum Seekers,” October 13, 1986, http://www.unhcr.org/refworld/docid/3ae68c43c0.html%20[accessed%201%20March%202010],%20art.%20f (accessed March 2, 2010), art. f.

[127] Prisons Rules, sec. 162(1); Prisons Act, sec. 60.

[128] PRISCCA, ARASA, and Human Rights Watch interview with Patrick Chilambe, officer in charge, Choma Prison, October 8, 2009.

[129] Ibid.

[130] PRISCCA, ARASA, and Human Rights Watch interview with Kabinga, Mukobeko Maximum Security Prison, September 29, 2009.

[131] PRISCCA, ARASA, and Human Rights Watch interview with Peter, Choma Prison, October 8, 2009.

[132] PRISCCA, ARASA, and Human Rights Watch interview with Chishala, Mukobeko Maximum Security Prison, September 30, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Elijah, Mukobeko Maximum Security Prison, September 30, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Andrew, Mumbwa Prison, October 5, 2009.

[133] PRISCCA, ARASA, and Human Rights Watch interview with Clifford, Kamfinsa Prison, October 1, 2009.

[134] PRISCCA, ARASA, and Human Rights Watch interview with Febian, Mumbwa Prison, October 5, 2009.

[135] PRISCCA, ARASA, and Human Rights Watch interview with chaplain, Mukobeko Prison, September 29, 2009.

[136] Manfred Nowak, “U.N. Covenant on Civil and Political Rights, CCPR Commentary,” (2nd edition) (Khel: N.P. Engel, 2005), pp. 165, 172-75, 244-29. See, for example, cases against Uruguay such as Buffo Carball v. Uruguay, No. 33/1978, Massiotti v. Uruguay, No. 25/1978; Madagascar: Marais v. Madagascar, No. 49/1979, Wight v. Madagascar, No. 115/1982; Jamaica: Robinson v. Jamaica, No. 731/1996, Pennant v. Jamaica, No. 647/1995; Russia: Lantsova v. Russian Federation, No. 763/1997.

[137] UN Standard Minimum Rules for the Treatment of Prisoners, para. 20(1).

[138] See Mukong v. Cameroon, No. 458/1991, para. 9.3.

[139] United Nations Rules for the Protection of Juveniles Deprived of their Liberty, adopted December 14, 1990, G.A. Res. 45/113, annex, 45 U.N. GAOR Supp. (No. 49A) at 205, U.N. Doc. A/45/49 (1990), para. 37.

[140] Prisons Rules, “Prison Rations: Part I.”

[141] According to prisoners at Mukobeko and Lusaka, sometimes the same portion of 450g is divided into two pieces so as make it appear to be two meals.

[142] PRISCCA, ARASA, and Human Rights Watch interview with Noah, Mumbwa Prison, October 5, 2009. The revenues from prison farm labor reportedly are placed into a fund called the Prison Industry Revolving Fund (PIRF). This scheme was created with the understanding that “the government is not managing to feed [prisoners] well because of other demands on the treasury.” Reportedly, the yearly food budget for 2009 was 10 billion kwacha (US$2,110,510), but the Prisons Service would ask for 65 billion kwacha ($13,718,300) if it were not for the existence of the PIRF. The “excess” produced at the farms is sold to generate income. PRISCCA, ARASA, and Human Rights Watch interview with Frederick Chilukutu, deputy commissioner of prisons, Zambia Prisons Service, October 12, 2009.

[143] Zambia Prisons Service, “HIV and AIDS/STI/TB Strategic Plan (2007-2010),” p. 10.

[144] PRISCCA, ARASA, and Human Rights Watch interview with Winston, Mukobeko Maximum Security Prison, September 29, 2009.

[145] Email communication from Dr. Jessica Fanzo, director of nutrition, Center for Global Health and Economic Development, Earth Institute at Columbia University, to PRISCCA, ARASA, and Human Rights Watch, April 7, 2010. Most men consume 2,500 calories daily to maintain body weight. Ibid.

[146] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009.

[147] PRISCCA, ARASA, and Human Rights Watch interview with George Sikaonga, officer in charge, Mukobeko Maximum Security Prison, September 29, 2009.

[148] PRISCCA, ARASA, and Human Rights Watch interview with Kayombo, Mukobeko Maximum Security Prison, September 30, 2009.

[149] PRISCCA, ARASA, and Human Rights Watch interview with George, Kamfinsa Prison, October 1, 2009.

[150] PRISCCA, ARASA, and Human Rights Watch interview with Frederick, Mwembeshi Prison, October 6, 2009.

[151] PRISCCA, ARASA, and Human Rights Watch interview with Johnston, Mumbwa Prison, October 5, 2009.

[152] PRISCCA, ARASA, and Human Rights Watch interview with Robbie, Mwembeshi Prison, October 6, 2009.

[153] PRISCCA, ARASA, and Human Rights Watch interview with Adam, Mumbwa Prison, October 5, 2009.

[154] PRISCCA, ARASA, and Human Rights Watch interview with Patrick Chilambe, officer in charge, Choma Prison, October 8, 2009.

[155] PRISCCA, ARASA, and Human Rights Watch telephone interview with Dr. Chisela Chileshe, October 13, 2009.

[156] PRISCCA, ARASA, and Human Rights Watch interview with Mutabale Henry, medical officer, Mukobeko Maximum Security Prison, September 29, 2009.

[157] PRISCCA, ARASA, and Human Rights Watch interview with B.M. Hambwalou, medical officer, Choma Prison, October 8, 2009.

[158] PRISCCA, ARASA, and Human Rights Watch interview with George, Kamfinsa Prison, October 1, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Andrew, Mumbwa Prison, October 5, 2009.

[159] PRISCCA, ARASA, and Human Rights Watch interview with Joshua, Lusaka Central Prison, October 3, 2009.

[160] PRISCCA, ARASA, and Human Rights Watch interview with RS-29-04, Mukobeko Maximum Security Prison, September 29, 2009.

[161] PRISCCA, ARASA, and Human Rights Watch interview with Peter, Choma Prison, October 8, 2009.

[162] Dr. Chileshe confirmed that beri beri is seen in the prisons system. PRISCCA, ARASA, and Human Rights Watch telephone interview with Dr. Chisela Chileshe, October 13, 2009.

[163] PRISCCA, ARASA, and Human Rights Watch interview with Francis Kasanga, deputy officer in charge, Mukobeko Maximum Security Prison, September 29, 2009.

[164] PRISCCA, ARASA, and Human Rights Watch interview with Tasila, Kamfinsa Prison, October 1, 2009.

[165] PRISCCA, ARASA, and Human Rights Watch interview with NCI-01-01, Kamfinsa Prison, October 1, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Joyce Simukali, prison officer, Kamfinsa Prison (Women’s Side), October 2, 2009.

[166] Body of Principles, prin. 31.

[167] Prisons Act, sec. 56. Zambian policy also provides that these children shall be provided with food. See Zambia Prisons Service, “Zambia Prisons Service HIV and AIDS/STI/TB Strategic Plan (2007-2010),” p. 7 (“Similarly, there are some infants and young children who are imprisoned along with their mothers. By definition these children are under the care of the State—in this case Prisons Service. It is important to recognise these children’s rights and their needs, i.e. necessary facilities and actions to promote the health and wellness of these children and reduce their vulnerability to HIV and AIDS, STIs and TB.”); Zambia Prisons Service, “HIV & AIDS/STI/TB Workplace Policy,” p. 25 (“Children born with HIV should receive appropriate treatment and nutrition through linkages with public health systems and other cooperating partners.”).

[168] PRISCCA, ARASA, and Human Rights Watch interview with NCI-03-04, Lusaka Central Prison, October 3, 2009; PRISCCA, ARASA, and Human Rights Watch interview with NCI-04-05, Lusaka Central Prison, October 4, 2009.

[169] PRISCCA, ARASA, and Human Rights Watch interview with Agnes, Kamfinsa Prison, October 1, 2009.

[170] PRISCCA, ARASA, and Human Rights Watch interview with J. Kababa, officer in charge, Lusaka Central Prison, October 3, 2009.

[171] PRISCCA, ARASA, and Human Rights Watch interview with Tasila, Kamfinsa Prison, October 1, 2009.

[172] PRISCCA, ARASA, and Human Rights Watch interview with Annie, Lusaka Central Prison, October 4, 2009.

[173] PRISCCA, ARASA, and Human Rights Watch interview with Willard, Mukobeko Maximum Security Prison, September 29, 2009.

[174] PRISCCA, ARASA, and Human Rights Watch interview with Orbed, Mukobeko Maximum Security Prison, September 30, 2009.

[175]PRISCCA, ARASA, and Human Rights Watch interview with Lawrence, Mukobeko Maximum Security Prison, September 30, 2009.

[176] PRISCCA, ARASA, and Human Rights Watch interview with Kayombo, Mukobeko Maximum Security Prison, September 30, 2009.

[177] UN Standard Minimum Rules for the Treatment of Prisoners, paras. 12-14.

[178] The Zambia Human Rights Commission in 2005 corroborated that “[t]oilet and sanitation facilities were either broken down or nonexistent in most cases. Sewer and sanitation infrastructure were dilapidated and posed a serious health hazard.” Zambia Human Rights Commission, “Annual Report: 2005.”

[179] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mwembeshi Prison, October 6, 2009.

[180] PRISCCA, ARASA, and Human Rights Watch interview with Keith, Mukobeko Maximum Security Prison, September 29, 2009.

[181] PRISCCA, ARASA, and Human Rights Watch interview with Paul, Mukobeko Maximum Security Prison, September 30, 2009.

[182] PRISCCA, ARASA, and Human Rights Watch interview with Daniel, Mukobeko Maximum Security Prison, September 30, 2009.

[183] PRISCCA, ARASA, and Human Rights Watch interview with Nickson, Mukobeko Maximum Security Prison, September 30, 2009.

[184] PRISCCA, ARASA, and Human Rights Watch interview with KT-29-05, Mukobeko Maximum Security Prison, September 29, 2009.

[185] PRISCCA, ARASA, and Human Rights Watch interview with Anderson, Choma Prison, October 8, 2009.

[186] PRISCCA, ARASA, and Human Rights Watch interview with NCI-03-05, Lusaka Central Prison, October 3, 2009.

[187] PRISCCA, ARASA, and Human Rights Watch interview with Esther, Lusaka Central Prison, October 4, 2009.

[188] PRISCCA, ARASA, and Human Rights Watch interview with Chrispine, Kamfinsa Prison, October 1, 2009.

[189] PRISCCA, ARASA, and Human Rights Watch interview with KT-06-03, Lusaka Central Prison, February 6, 2010; PRISCCA, ARASA, and Human Rights Watch interview with KT-06-04, Lusaka Central Prison, February 6, 2010. The Lusaka Central Prison social welfare worker confirmed that at that facility, “the physically challenged—there are 5—have problems using the toilet. They need wheelchairs.” PRISCCA, ARASA, and Human Rights Watch interview with social welfare worker, Lusaka Central Prison, October 3, 2009.

[190] PRISCCA, ARASA, and Human Rights Watch interview with KT-06-03, Lusaka Central Prison, February 6, 2010.

[191] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009.

[192] PRISCCA, ARASA, and Human Rights Watch PRISCCA, ARASA, and Human Rights Watch interview with Kalunga, Mukobeko Maximum Security Prison, September 30, 2009.

[193] PRISCCA, ARASA, and Human Rights Watch interview with Ms. Kaluba, offender management officer, Mwembeshi Prison, October 6, 2009.

[194]PRISCCA, ARASA, and Human Rights Watch interview with Douglas, Mukobeko Maximum Security Prison, September 29, 2009; PRISCCA, ARASA, and Human Rights Watch interview with NCI-03-03, Lusaka Central Prison, October 3, 2009; PRISCCA, ARASA, and Human Rights Watch interview with NCI-01-01, Kamfinsa Prison, October 1, 2009; PRISCCA, ARASA, and Human Rights Watch interview with NCI-05-01, Mumbwa Prison, October 5, 2009.

[195] UN Standard Minimum Rules for the Treatment of Prisoners, para. 20(2).

[196] PRISCCA, ARASA, and Human Rights Watch interview with Ngwila, Choma Prison, October 8, 2009.

[197] PRISCCA, ARASA, and Human Rights Watch interview with Norah, Kamfinsa Prison, October 1, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Annie, Lusaka Central Prison, October 4, 2009.

[198] PRISCCA, ARASA, and Human Rights Watch interview with CM-01-06, Kamfinsa Prison, October 1, 2009; PRISCCA, ARASA, and Human Rights Watch interview with NCI-05-01, Mumbwa Prison, October 5, 2009; PRISCCA, ARASA, and Human Rights Watch interview with KT-06-09, Mwembeshi Prison, October 6, 2009.

[199] PRISCCA, ARASA, and Human Rights Watch interview with Liberty Halanga Hangoma, offender management officer, Mukobeko Maximum Security Prison, September 29, 2009.

[200] PRISCCA, ARASA, and Human Rights Watch interview with Albert Sakala, prison officer, Mukobeko Maximum Security Prison, September 29, 2009. See also PRISCCA, ARASA, and Human Rights Watch interview with RS-29-01, Mukobeko Maximum Security Prison, September 29, 2009.

[201] PRISCCA, ARASA, and Human Rights Watch interview with NCI-02-01, Kamfinsa Prison, October 2, 2009.

[202] PRISCCA, ARASA, and Human Rights Watch interview with Festus, Mwembeshi Prison, October 6, 2009.

[203] PRISCCA, ARASA, and Human Rights Watch interview with KT-06-09, Mwembeshi Prison, October 6, 2009.

[204] PRISCCA, ARASA, and Human Rights Watch interview with Gideon, Mwembeshi Prison, October 6, 2009.

[205] PRISCCA, ARASA, and Human Rights Watch interview with Ms. Kaluba, offender management officer, Mwembeshi Prison, October 6, 2009.

[206] PRISCCA, ARASA, and Human Rights Watch interview with Adam, Mumbwa Prison, October 5, 2009.

[207] PRISCCA, ARASA, and Human Rights Watch interview with Moono, Lusaka Central Prison, October 3, 2009.

[208]Some officers in charge have been particularly proactive in engaging the church and NGO communities and soliciting such support. PRISCCA, ARASA, and Human Rights Watch interview with Patrick Chilambe, officer in charge, Choma Prison, October 8, 2009.

[209] UN Standard Minimum Rules for the Treatment of Prisoners, paras. 15-19.

[210] Prisons Act, sec. 89; Prisons Rules, sec. 163(1).

[211] PRISCCA, ARASA, and Human Rights Watch interview with Catherine, Lusaka Central Prison, October 4, 2009.

[212] PRISCCA, ARASA, and Human Rights Watch interview with Annie Sabuni, HIV/AIDS Coordinator, Lusaka Central Prison, October 3, 2009.

[213] PRISCCA, ARASA, and Human Rights Watch interview with Mwape, Mukobeko Maximum Security Prison, September 29, 2009.

[214] PRISCCA, ARASA, and Human Rights Watch interview with Chris, Mukobeko Maximum Security Prison, September 29, 2009.

[215] PRISCCA, ARASA, and Human Rights Watch interview with Douglas, Mukobeko Maximum Security Prison, September 29, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Gideon, Mwembeshi Prison, October 6, 2009.

[216] UN Standard Minimum Rules for the Treatment of Prisoners, para. 19.

[217] PRISCCA, ARASA, and Human Rights Watch interview with MM-06-08, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Gideon, Mwembeshi Prison, October 6, 2009.

[218] PRISCCA, ARASA, and Human Rights Watch interview with Jacob, Mwembeshi Prison, October 6, 2009.

[219] PRISCCA, ARASA, and Human Rights Watch interview with MM-06-08, Mwembeshi Prison, October 6, 2009.

[220] PRISCCA, ARASA, and Human Rights Watch interview with Mary, Lusaka Central Prison, October 4, 2009.

[221] Since 2003, the Zambia Human Rights Commission has confirmed that “prisoners’ uniforms…were in a terrible state….Even where ‘uniforms’ were available, they were often in tatters and left the inmates bare.” Zambia Human Rights Commission, “Annual Report: 2003,” p. 15.

[222] PRISCCA, ARASA, and Human Rights Watch interview with NCI-01-01, Kamfinsa Prison, October 1, 2009.

[223] PRISCCA, ARASA, and Human Rights Watch interview with Patrick Chilambe, officer in charge, Choma Prison, October 8, 2009.

[224] PRISCCA, ARASA, and Human Rights Watch interview with Marlon, Mukobeko Maximum Security Prison, September 29, 2009.

[225] PRISCCA, ARASA, and Human Rights Watch interview with Reynard, Mwembeshi Prison, October 6, 2009.

[226] PRISCCA, ARASA, and Human Rights Watch interview with Bwalya, Mwembeshi Prison, October 6, 2009.

[227] PRISCCA, ARASA, and Human Rights Watch interview with Mwape, Mukobeko Maximum Security Prison, September 29, 2009.

[228] PRISCCA, ARASA, and Human Rights Watch interview with Mwisa, Choma Prison, October 8, 2009.

[229] PRISCCA, ARASA, and Human Rights Watch interview with Sylvia, Mumbwa Prison, October 5, 2009.

[230] In December 1994, a study of the impact of HIV/AIDS programs in Zambian prisons found that 8.4 percent of respondents reported same-sex sexual activity, although indirect questioning suggested a much higher percentage. O. Simooya et al., “Sexual Behavior and Issues of HIV/AIDS Prevention in an African Prison,” AIDS, vol. 9(12), 1995, pp. 1388-89. The 1998-99 prevalence study found that “[a]lthough only 3.9 percent of inmates reported having sex with other men, the figures may be much higher. When we invited inmates to indicate how common sex between men was at their prison, over 50 percent replied that many were involved, and 6 percent said that almost all were involved.” Oscar O. Simooya et al., “‘Behind Walls’: A Study of HIV Risk Behaviors and Seroprevalence in Prisons in Zambia,” AIDS, vol. 15(13), 2001, pp. 1741-44. UNODC, UNAIDS, and the World Bank have acknowledged that “[c]ommon high-risk behavior in the prison environment include unprotected sex (mostly anal and between males), rape, sex bartering and “prison marriages.” Additionally, “women in prison are also susceptible to sexual exploitation and may trade or be forced to trade sex for food, goods or drugs with other prisoners or staff.” UNODC, UNAIDS and World Bank, “HIV and Prisons in Sub-Saharan Africa,” p. 1. Additionally, “women in prison are also susceptible to sexual exploitation and may trade or be forced to trade sex for food, goods or drugs with other prisoners or staff.” Ibid., p. 9.

[231] Zambia Prisons Service, “Zambia Prisons Service HIV and AIDS/STI/TB Strategic Plan (2007-2010),” p. 4.

[232] UNAIDS, “Report on the Global AIDS Epidemic,” 2006, http://www.unaids.org/en/KnowledgeCentre/HIVData/GlobalReport/2006/default.asp  (accessed March 3, 2010), p. 120.

[233] Judgment, International Criminal Tribunal for Rwanda (ICTR), Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T (1998), para. 38.

[234] See Penal Code Act, sec. 132 and sec. 138 respectively.

[235] PRISCCA, ARASA, and Human Rights Watch interview with Kabinga, Mukobeko Maximum Security Prison, September 29, 2009.

[236]PRISCCA, ARASA, and Human Rights Watch interview with Chris, Mukobeko Maximum Security Prison, September 29, 2009.

[237]PRISCCA, ARASA, and Human Rights Watch interview with David, Lusaka Central Prison, October 3, 2009.

[238]PRISCCA, ARASA, and Human Rights Watch interview with Moono, Lusaka Central Prison, October 3, 2009.

[239] PRISCCA, ARASA, and Human Rights Watch interview with Evans, Lusaka Central Prison, October 4, 2009. See also, “we have had experiences where the older inmates become physical and abuse us, even sexually. They will offer me food mixed with drugs, and when I take it in the night I sleep without being conscious. Or cigarettes dipped in some drugs. If it works, I sleep and they abuse me in the night, even sexually.” PRISCCA, ARASA, and Human Rights Watch interview with David, Lusaka Central Prison, October 3, 2009.

[240] PRISCCA, ARASA, and Human Rights Watch interview with George S. Sikaonga, officer in charge, Mukobeko Maximum Security Prison, September 29, 2009.

[241] PRISCCA, ARASA, and Human Rights Watch interview with Francis Kasanga, deputy officer in charge, Mukobeko Maximum Security Prison, September 29, 2009.

[242] PRISCCA, ARASA, and Human Rights Watch interview with Albert Sakala, prison officer, Mukobeko Maximum Security Prison, September 29, 2009.

[243] PRISCCA, ARASA, and Human Rights Watch interview with Patrick Mundianawa, officer in charge, Kamfinsa Prison, October 1, 2009.

[244] PRISCCA, ARASA, and Human Rights Watch interview with J. Kababa, officer in charge, Lusaka Central Prison, October 3, 2009. PRISCCA, ARASA, and Human Rights Watch were unable to verify what these exams consist of, and whether they are conducted with consent, as none of the prisoners we interviewed reported having had such an exam. If conducted without genuine consent, however, physical exams under these conditions could constitute torture.

[245] PRISCCA, ARSA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009.

[246] PRISCCA, ARASA, and Human Rights Watch interview with D. Mulenga, deputy officer in charge, Mumbwa Prison, October 5, 2009.

[247] PRISCCA, ARASA, and Human Rights Watch interview with Patrick Chilambe, officer in charge, Choma Prison, October 8, 2009.