REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA Amendment Act, 200844 abolished the concept and practice of solitary confinement in terms of which inmates were detained in total isolation for long periods of time, which is one form of inhumane or degrading treatment of offenders. The most severe penalty that may be imposed on an inmate in the case of serious and repeated infringements would be “segregation in order to undergo specific programmes aimed at correcting his or her behaviour, with a loss of gratuity and restriction of amenities.” Inmates subjected to segregation may appeal to the Inspecting Judge of Correctional Services against the decision to segregate them. 50. The Act also allowed for changes of terminology from ‘prison’ to ‘correctional centre’, and from ‘prisoner’ to ‘inmate’ (referring to persons sentenced and those awaiting trial), and ‘offender’ when referring to convicted and/or sentenced incarcerated inmates, as well as to those serving their sentences in the community outside a correctional centre. These were not superficial distinctions, as it reinforced the Department of Correctional Services’ vision of viewing prisoners as human beings capable of change and rehabilitation. The Act also included ‘care’, ‘correctional’ and 'development' services to sentenced offenders. Care refers to the provision of services and programmes aimed at the social, mental, spiritual, health and physical wellbeing of inmates. Correction services and programmes are aimed at correcting the offending behaviour of sentenced offenders in order to rehabilitate them; and 'development' refers to those programmes and services aimed at developing and enhancing competencies and skills that will enable to sentenced offenders to reintegrate into society. 51. The Act requires that all cases of mechanical restraint (e.g. by handcuffs and leg-irons) of an inmate be immediately reported to the Inspecting Judge. An inmate so restrained may appeal against the decision to restrain him to the Inspecting Judge who must decide the appeal within 72 hours of the receipt of the appeal. The Act provides that all cases of use of force against an inmate must immediately be reported to the Inspecting Judge. The effect of these amendments is that there is now a robust monitoring mechanism of ensuring that acts of torture in correctional centres are prevented and/or detected as soon they occur. 52. The mandate of the new IPID is to conduct independent and impartial investigations of alleged specified criminality committed by members of the South African Police Service and the Municipal Police Services. The IPID must, amongst others, investigate the following matters: any deaths in police custody; deaths as a result of police actions; any complaint relating to the discharge of an official firearm by any police officer; rape by a police officer, whether the police officer is on or off duty; rape of any person while that person is in police custody; any complaint of torture or assault against a police officer in the execution of his or her duties. 53. A set of mechanisms have been put in place to prevent torture and afford redress to victims. The South African Police Service developed a Policy on the Prevention of Torture and Treatment of Persons in Custody of the South African Police Service. It sets out a system of checks and balances to protect persons in police custody from acts of torture, cruel, inhuman 44 Act No. 25 of 2008 20