Freedom behind bars: transforming lives of inmates
Lionel Wijesiri
Fyodor Mikhailovich Dostoevsky (1821- 1881) author of Crime and
Punishment once said: “The degree of civilization in a society can be
judged by entering its prisons.” He was right. A society cannot be
recognized as a civilized one unless it treats the prisoners with
sympathy and affection. This treatment is not possible till the society
recognizes and accepts their basic human rights and the fundamental
rights.
Fair prison system, a crying need. Picture by Saman Sri Wedage |
A prisoner, be he a convict or under trial or detention, does not
cease to be a human being. Even when lodged in jail, he continues to
enjoy all his basic human rights and fundamental rights including the
right to life guaranteed to him under the constitution. On being
convicted of crime and deprived of their liberty in accordance with the
procedure established by law, prisoners shall retain the residue of the
constitutional rights.
Ideally, once an offender is admitted to prison, the emphasis should
move away from punishment towards rehabilitation, instilling in him the
willpower to lead a law-abiding and self-supporting life after the
release.
Reforms
Towards achieving these objectives, the Sri Lankan Department of
Prisons has introduced many new features to the prison system including
new prison industries, religious and education curricula, recreation and
leisure time activities. Prison industries such as tailoring, carpentry,
masonry, motor mechanism, sheet metal work, manufacture of coir goods
such as brooms, carpets and rugs, and bakery were introduced with the
aim of offering vocational training to prisoners and making the prisons
self-sufficient. Instead of the earlier occupations like metal breaking
and husk beating, prisoners are now employed and trained in these
industries with prospects for employment upon their release from prison.
Literacy and education classes were started in all major prisons with
the assistance of the Department of Education. Libraries too have been
introduced to all prisons for leisure time reading and reference.
Money’s value
Lack of religious knowledge and practice was noticed to be another
characteristic among prisoners irrespective of the religion they
followed. To inculcate the importance of religious practices and to give
prisoners a basic knowledge of their religion, religious instructors
were appointed to all prisons. Places of worship for all major religions
were established in all prisons.
A major step taken for the rehabilitation of prisoners in the early
post independent era was the establishment of the Open Prison at
Pallekelle in 1950. Before the end of the decade three other open
prisons were established in Anuradhapura, Kopai and Batticaloa. The
emergence of the open prison marked the beginning of a new phase in the
history of the prisons in Sri Lanka.
These open institutions are minimum security institutions
characterized by the absence of material and physical precautions
against escape such as security walls, locks, iron bars and armed
guards. It is based on self-discipline and individual responsibility
towards the group in which the inmates live.
In many ways, the latest government thinking on prison reforms has
great potential. Based on the compelling correlation between employment
and reduced reoffending, the reforms should recognise prison education
as one of the key elements in enhancing offenders’ employability, and
the cornerstone behind the much-heralded ‘rehabilitation revolution’.
Most studies, show single digit numbers regarding return rates of
those who complete post-secondary education. That means these
ex-prisoners are finding their place in society and paying taxes.
Instead of being liabilities, they are now assets.
While involved in the education process, prisoners are the least
difficult for prison officials to manage. It is much less difficult to
guard a man who is doing his homework than it is prisoners engaged in
other activities.
It is difficult to measure the importance of improved communication
skills, which prisoners gain as a result of higher education. Instead of
communicating with curses, threats, and violence they learn new and
constructive ways to express themselves, ways that produce positive
results both for themselves and society at large.
The sense of accomplishment that comes with obtaining a higher
education displaces the sense of worthlessness many felt both before and
after coming to prison.
The exposure to classes such as cross-cultural communications,
interpersonal communications, psychology, philosophy, psychology of man,
and sociology, forces prisoner students to think beyond themselves and
creates within them the ability to empathize with others. This is an
essential part of rehabilitation. The end result is a better citizen and
neighbour for society in general.
Major issues
The research on prison justice and prison reform shows that there are
three major problems which afflict our system and which need immediate
attention.
That our jails are overcrowded is a well-known fact. A recent
research revealed that our prisons are holding three times of their
carrying capacity. The government has already begun to take some steps
to overcome this problem. For example, a new prison complex is built in
Pallekele which can accommodate 3,000 inmates and it will be the largest
prison in the island.
This apart, life is more difficult for inmates and works more onerous
for staff when prisoners are in over capacity.
It is also said that more than 50 percent of all prisons inmates are
remand prisoners. Retired Judge of the Supreme Court Justice Nissanka
Udalagama recently said that Sri Lanka’s Pre-Trial Detention system
needs more concern.
He added, “A person held in remand custody suspected or accused of
committing an offence has a right to expect trial within a reasonable
time. Many of them are detained on the allegation of involvement of
trivial offences punishable with a penalty far less than the time they
have already been in custody. The basis of the Bail Act says remanding
is the exception and giving bail is the norm. Yet again, the decision is
at the sole discretion of the judge in to which no one can interfere.
There are other ways, such as bonds and personal undertakings, to
facilitate pre-trial release without ordering bail. Ordering excessive
bail amounts to refusal of bail.”
There is yet another baneful effect of overcrowding. It does not
permit segregation among convicts - those punished for serious offences
and for minor. The result may be that hardened criminals spread their
influence over others.
On the other hand, juvenile offenders kept in jails get mixed up with
others and they are likely to get spoiled further. So, problem of
overcrowding is required to be tackled in right earnest for a better
future.
Delay in trial
It is apparent that delay in trial finds under-trial prisoners in
jail for a longer period while awaiting the decision of the case. The
release of these prisoners on bail where the trial gets protracted would
hopefully take care to a great extent the hardship caused in this
regard.
The mental agony, expense and strain which an under-trial prisoner
has to undergo and which, coupled with undue delay, may result in
impairing the capability or ability of the accused to defend himself.
This problem has persuaded the many courts of the country in holding the
right to speedy trial a manifestation of fair, just and reasonable
procedure.
Speedy trial would encompass within its sweep all the stages
including investigation, inquiry, trial, appeal, revision and retrial.
Prison vices
Talking about vices, there are many types of vices prevalent inside
our prisons. It is an open secret. In many of them, a mix of inmate
ingenuity, complicit visitors and corrupt staff has kept the level of
inmate drug abuse constant over the past decades despite concerted
efforts to reduce it.
A recent boom in cell-phone smuggling has complicated matters, with
inmates sometimes using phones to arrange drug deliveries and other
major crimes. There must be a more rational way to deal with prison
vices rather than awarding hard punishment to them. In the situation in
which they are placed, a sympathetic approach is also required.
Fair system
A fair prison system is a crying need of our time in the backdrop of
great increase in the numbers of prisoners and that too of various types
and from different strata of society. Efforts should be made to improve
the system by introducing new techniques of management and by educating
the prison staff with our constitutional obligations towards prisoners.
Rest would follow automatically with ease. |