Solitary confinement makes Isis-linked murder suspects ‘lose their minds’

Three Isis-linked suspects charged with the murders of a British botanist couple have again complained about prison conditions they have endured for about 2,040 days.

This emerged in the Durban high court on Tuesday when lawyer Shaheen Seedat read an affidavit by Sayfudeen Aslam Del Vecchio, 41, and his wife Bibi Fatima Patel, 30. They are charged alongside Malawian Mussa Ahmed Jackson, 35.

The three are charged with the 2018 kidnapping and killing of Rodney and Rachel Saunders. They also face charges of robbery and malicious damage to property.

“My clients want an order to investigate the delay in the completion of proceedings caused by the department of correctional services,” said Seedat.

He said the accused had been detained for five and a half years.

“My client [Del Vecchio] lives in a cell which is 3m big, the air-conditioner does not work and there no fresh air. In winter it is extremely cold and this led to him being frost-bitten. His flip-flops have no soles as they are worn out.  He was also made to strip naked,” said Seedat.

He asked the court to make an order that all reports by Samantha Naidoo of the judicial inspectorate services and any other official on how his clients were treated in prison be submitted to all parties.

“Sayfudeen has been suffering many years in unlawful solitary confinement, which has affected him mentally, physically and emotionally. He and his wife cannot think clearly in court and they are unable to make proper preparations for trial, which makes the trial unfair,” said Seedat.

He said Del Vecchio’s constitutional rights had been violated as he was barred from communicating with his wife.

“The Bill of Rights enshrined that a person, even sentenced prisoners, can be visited  and has a right to communicate with a spouse or partner during their detention,”  said Seedat.

He said Del Vecchio believes he should be allowed to communicate by telephone.

Seedat said his client had studied two articles on solitary confinement and believed correctional services was treating him unfairly.

Patrick Mkhumbuzi, who represents Jackson, said his client had written him a five page letter in which he complained about the toll his incarceration at eBongweni correctional facility had taken on his life.

“He feels his detention life has completely changed him.  He says every time he hears noises he hallucinates. He also realises he is losing his mind and said he sometimes shouts at prison officials,” said Mkhumbuzi.

Mkhumbuzi said after spending nearly six years in detention, Jackson sometimes finds himself smiling at himself, a clear sign he was losing his mind.

“He does not get any fresh air for most of the week or have access to the sun. He doubts he is able to follow proceedings,” said Mkhumbuzi.

Judge Esther Steyn adjourned the matter to Wednesday to allow prosecutor Mahen Naidu to make state submissions.

The trial is continuing.

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