Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such practices, and there were few credible reports that government officials employed them. During the year the government enacted the Police Service Act, which prohibits police from inflicting, instigating, or tolerating torture and other cruel, inhuman, or degrading treatment or punishment. The new law also establishes a new disciplinary offense for officers who use violence or unnecessary force, or who intimidate prisoners or others with whom they have contact in the execution of their duties.
There were scattered reports throughout the country of cruel, inhuman, and degrading treatment by “community police”–untrained, volunteer security personnel who exist outside the country’s formal legal structures and are empowered by rural communities to act as vigilantes, patrolling against rural crimes such as cattle rustling. In March three community police members in Manzini confronted and assaulted a young couple who had been walking together in a rural area. The assailants then raped the young woman, who was 17-years-old on the date of the incident. Each of the three community police members received sentences of 13 years’ imprisonment with no option of paying a fine to effect an earlier release. Two of the assailants received an additional year of imprisonment for the assault that preceded the rape.
In May the newspaper Times of Swaziland reported that a group of police arrested and abused a 35-year-old man whom they suspected of having committed a handful of home burglaries. When the accused reached the police station and denied responsibility for the break-ins, police allegedly tied him to a bench, where one officer sat on his chest while another wrapped plastic bags around his face. The accused told reporters that he confessed to the crimes to avoid further abuse. He led the officers to his sister’s home, where he had told them he hid the stolen items. Upon showing the officers an assortment of old furniture and other items, the accused reported that the police seemed to realize that they might have the wrong person. Police released him and reportedly told him not to tell anyone what had happened. The accused reported he sought medical treatment but lied to the nurses about how he had been injured, saying that he had fallen from a tree, because he did not want to be asked to file a police report. X-rays ultimately revealed the accused had suffered a broken rib and a dislocated shoulder. When reached for comment, a police spokesperson encouraged the accused to file a formal complaint with the station commander. There were no further media reports relating to the accused’s allegations, and it was unclear whether a police investigation ensued or resulted in disciplinary measures.
Prison and Detention Center Conditions
Prison conditions varied and did not always meet international standards due to overcrowding and, in certain locations, facilities that require repair or modernization.
Physical Conditions: His Majesty’s Correctional Services (HMCS) stated in September that the total prison population was 3,453, exceeding the prison system’s designed capacity by 615 inmates. Facilities were of mixed quality; some were old and dilapidated; others such as the women’s prison were newer and well maintained. HMCS officials reported a growing incidence of prisoner-on-prisoner violence due to increased gang activity among inmates as prison populations have expanded and diversified in recent years. During larger incidents of prisoner-on-prisoner violence that involved multiple individuals, prison officials faced growing challenges in maintaining control.
In July and August 2017, media outlets reported that during a search for contraband, prison guards wearing surgical gloves ordered a dormitory of inmates to strip naked and face the wall. Wearing surgical gloves, they hit inmates on their buttocks with fists and, according to one inmate, “squeezed their (genitals) like one does when milking a cow.”
Administration: Authorities reportedly conducted investigations of credible allegations of mistreatment and held prison officials accountable through appropriate disciplinary measures–primarily suspensions without pay.
Independent Monitoring: The government permitted monitoring of prison conditions by independent nongovernmental observers such as the International Committee of the Red Cross, African Union, local nongovernmental organizations, and diplomatic missions. Independent monitoring groups generally received broad access to prison facilities and were able to conduct unchaperoned interviews of inmates and prison guards.
Improvements: During the year the government enacted the Correctional Services Act, which repealed the Prisons Act of 1964 and expanded opportunities for sentences to be served through community service. HMCS officers reported the new law already had begun easing congestion in the prisons.