Saving prisoners from callousness
Amongst
the ministries and departments that have contributed most actively to
work on the National Human Rights Action Plan are the Ministry of
Rehabilitation and Prison Reform, and the Department of Prisons. They
have explained to us the problems they face, and have made it clear that
they would welcome a reduction in the numbers they have to take charge
of. Unfortunately that aspect of Prison Reform is not their
responsibility, it comes under the Ministry of Justice.
Unfortunately Justice too has some difficulties in this regard, for
the prisons are full beyond measure because people are committed to them
by magistrates. Unfortunately magistrates do not carry out their duties
with the full awareness that the system in fact demands of them, and
most of them, as the Commissioner General of Prisons told us, hardly
visit the prisons, to see the consequences of the, at best careless,
certainly callous, approach they adopt.
Rehabilitation units
We heard this during a visit to the prisons arranged by the Human
Rights Commission. Its active chairman, and members of his staff,
including several Commissioners, had asked the Commissioner General to
permit us to look over some of the areas in his charge. This is in fact
a right the HRC enjoys, and I believe its officials do exercise this,
but sadly they do not have enough staff to maintain the practice at the
level of frequency that is needed. However, even if they did so, and
were therefore able to prevent the abuses that occur because of
individual aberrations, they could not prevent the systemic abuse that
results because of overcrowding.
Welikada prison inmates. File photo |
There are on average 26,000 prisoners in jails throughout the country
on any given day. Half of these are simply on remand. At Welikada, which
we visited, there are 4,000 prisoners in a facility built for a
thousand. About 1,000 of these are in remand, while a couple of thousand
more are in for offences such as drug and alcohol abuse and the
non-payment of fines.
It makes no sense to keep these people in custody, and the President
has suggested, in the budget speech last year, that we should make use
of non-custodial sentencing, including rehabilitation for those who are
more victims than perpetrators of criminality.
We should also stop the practice of remanding at the drop of a hat,
but should rather use bail more systematically, with simple tracking
systems to ensure that it is not abuses. Such proposals have come up
again and again, in the many reports on prison reform that have been
presented in the past, but sadly there is far too much lethargy about
implementing them.
Part of the lethargy springs from the difficulty of coordination,
which is an endemic problem in this country. In the first place we need
some judicial reform, including ensuring that many more offences are
made bailable. But then we also need more clearcut guidelines for
magistrates, to ensure that they use discretion positively, and in a
socially responsible fashion.
We must also ensure that Police do not take the easy way out and
remand, when they should be using bail. Then, we also have to promote
non-custodial sentencing, and develop systems, including better
rehabilitation units, to ensure that Police and magistrates do not
automatically resort to sentencing to jail as the answer to criminality,
certainly not to what I would describe as passive criminality, the
offences that are not really threatening to society which are the reason
so many people are now incarcerated.
Practical problems
I think it will be necessary for the President to step in, through
Parliament, given the constitutional requirement for the judiciary to
accept the forms laid down by the Executive and legislative branches.
I cannot reiterate enough that, for this to be acceptable, those
branches must make it clear that they cannot, and will not, interfere in
decision making. And it would of course be infinitely preferable if the
judiciary, as kindly requested by the Secretary to the Ministry of
Justice, took the lead in promoting reforms that will give prisoners a
better deal while also overcoming the practical problems, moral,
financial, psychological, caused by over-crowding.
But if there is no action, I believe Parliament should appoint a
select committee which, with the help of imaginative jurists such as the
chairman of the Human Rights Commission, will ensure the reforms we so
sorely need. |