Aids Law Project intensifies prisoner ARV battle

The Aids Law Project has filed papers in the Durban High Court to force government to provide prisoners at Westville prison access to life-saving medication in accordance with an earlier court order, despite a pending appeal. It is also opposing the state's application for leave to appeal the order.

The project wants the court to compel the department of correctional services to provide ARVs to the applicants in the matter. This effectively could save the lives of the 14 prisoners with full-blown Aids, who took the authorities to court. But this would leave at least 50 other prisoners, also in urgent need of ARV treatment, out in the cold for now, despite the order including them.

Red tape slows ARV roll-out
The court found the prison authorities at Westville, bogged down by red tape, was dragging its heels. Only one of the applicants has received ARVs since the legal action was initiated, and since the order was made, progress has been slow.

Jonathan Berger, of the Aids Law Project, says the other applicants are undergoing pre-treatment counseling at the moment.

The department of correctional services pointed out that it was implementing an HIV/Aids programme, which would speed up treatment for prisoners. Westville was even looked at as a possible ARV dispensing site.

However, lawyers argue that the appeal brings into question the department's commitment to the health of those they incarcerate.