Once more on prison reform

It is common knowledge today that most high profile criminal activities are masterminded behind prison walls. Certain hardcore prisoners are in regular contact with their colleagues outside the confines of the prison and issue the necessary orders. One often hears how cell phones are detected in the possession of prisoners and of special treatment accorded to selected inmates. The long arm of the convict to reach outside his prison confines it appears has been stronger than the long arm of the law.

Today prisons have become a home away from home for most inmates. In fact, some relish their confinement which offer them a perfect cover to continue their criminal activities by remote control. There is a dark sleazy subterranean life operating in the underbelly of prisons with all its networks and connections. Needless to say, poorly paid prison officials are part and parcel of this network. So much so, there was once even a story how a notorious drug baron had left the prison confines to visit his family late at night. There is therefore today a hierarchy among even prison inmates who are treated in the order of merit. The prisons no longer evoke awe and dread of the past with inmates calling the shots and prison officials acting as couriers of their charges.

One also frequently hears of how rival gang leaders of those in prison getting bumped off outside and of how these killings have been masterminded behind prison walls. If this is the state of affairs of our prisons very soon they will become redundant as institutions that symbolizes justice and punishment to criminals and anti-social elements.

Thus, the edict issued by President Mahinda Rajapaksa to prison authorities to evolve a mechanism to stop criminals directing crime operations from the confines of the prisons is sure to be welcomed by all.

The only way to achieve this is a complete overhaul of the Prison system that includes the weeding out of rampant corruption inherent in the system. Hopefully there will be immediate moves to rid the prisons of its rotten core and dismantle the prisoners' network that extend outside its walls.

The changes should be part of the proposed prison reforms which has once again come to the fore as a leading topic with suggestions in favour of making our prisons more congenial places that house those who had strayed from the path of the law. This should include the swift disposal of cases and a more lenient attitude towards remand prisoners.

President Rajapaksa too has taken up cudgels on behalf of certain type of prison inmates. He has instructed Prison Reforms Minister D E W Gunasekera to make recommendations on those prisoners who are old, feeble and ailing in order to secure their release. During the Prisoners' Welfare Day event at Temple Trees the President made special mention of what is already common knowledge viz. minor offenders who are unable to pay fines are promptly sent to remand prison.

He said these prisoners are being punished while being held in remand prison before they are convicted by Court. The President has also called for an overhaul of Penal Code and the Administration of Justice in the lower Courts in order to reduce prison congestion and facilitate prisoner rehabilitation.

Today our prisons are bursting at the seams and there are moves to relocate certain prisons to more spacious quarters to mitigate the problem. However relocation of prisons or building new prisons are not the solution. Prisons will continue to overflow unless certain basic changes are made in the legal structure as well as ensuring a more equitable society. The age old concept of prisons should also undergo a change. A transformation is also needed in the socio-economic conditions that has been a contributor to crime in our society. There is also the social tensions in modern society that have also driven people into crime. Most crimes today are not crimes of passion as in the past but a result of the peculiar social environment, undercurrents and pent up feelings leading to tensions that invariably seek an outlet in violent forms.

Also the public perception of a prison should be de-constructed in a way that would remove the stigma attached to prisoners. Today a man walking out of prison has to contend with the blemish as long as he lives. The stigma is also passed on to his progeny leaving them ostracised from society. Prisons should be converted into a kind of reformist centre shorn of its traditional image of an institution that houses the condemned and the damned.

Many developed countries have succeeded in changing the image of their prisons. Some of them are being run as community centres where inmates are allowed family unions making them a sort of home away from home. Prisoners are provided with all basic facilities including vocational training and recreation to make their lives as congenial as possible under the circumstances.

Prison reforms should not be carried out piece meal but factor in all issues particularly modern day shifts and changes in concepts and attitudes. As mentioned, new laws should be brought in to reflect the changes. While prisons are needed as a deterrent to crime and protect society as a whole from anti-social elements they should not necessarily function as instruments of punishment and a means of condemning a man. The proposed reforms hopefully would include features that encapsulate this notion.