Constitution Watch 9/2019 Death in Custody – Rights of Prisoners 27 October 2019 rudimentary or non-existent at worst ‒ then the prison authorities must take prisoners to hospitals outside their prisons or allow them to receive care and treatment from their own medical practitioners. 2. Prisoners may be in poor health and need medication or treatment which their own medical practitioners can provide more readily than prison doctors. 3. Prisoners who claim they have been assaulted by the police or prison authorities may need to be examined by their own doctors in order to establish their claims. Above all, prison authorities must remember that prisoners have rights. Prisoners are deprived of much of their freedom of movement ‒ they cannot leave their prison whenever they want to ‒ and they may be deprived of other rights and freedoms so far as it is necessary to prevent them escaping and to maintain discipline in prisons. But apart from that they have all the fundamental human rights and freedoms guaranteed them by the Constitution, including the right to be seen by their chosen medical practitioner which, as we have pointed out, is specifically given to them by section 50(5)(c) of the Constitution. This is particularly so in the case of awaiting trial prisoners who have not been convicted of any criminal offence. Even prisoners who have been found guilty of the most heinous crimes remain human beings entitled to their basic human rights. And it must be remembered that Mr Tamangani was an awaiting trial prisoner who had not been tried for, let alone found guilty of, any crime at all. Prison authorities, in brief, have a duty to care for their prisoners and respect their rights. In the case of Mr Tamangani, it seems, they failed in this duty ‒ and they compounded their failure terribly by refusing to allow him to be seen by his own doctor even after being requested to do so by his lawyers. Post Mortem In the event Mr Tamangani has died. All the authorities can do now is to ensure that his death is properly investigated at a public inquest and that those responsible for his death are brought to justice. The underlying purpose of an inquest, as explained by a court in 1990, is to promote public confidence, to reassure the public that all deaths from unnatural causes will receive proper attention and investigation so that, where necessary, appropriate measures can be taken to prevent similar occurrences and to bring persons responsible for the deaths to justice. For an inquest to achieve this purpose a post-mortem examination should be conducted on the body of the deceased to establish the cause of death, and the post-mortem examination should be such as to promote public confidence in its thoroughness and impartiality. In this case, regrettably, public confidence may be lacking since a magistrate turned down a lawyers’ request to have an independent medical practitioner present when the post-mortem was conducted.

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