Agenda Item 3 : Overcrowding in Prisons

Chairman : Mr. Parinda Ramasinghe (Sri Lanka)

Vice Chairman : Mr. Sonboon (Thailand)

Mr. Aisea Taoka (Fiji)

Rapporteur : Mr. Samsudin Murad (Malaysia)

Friends of the Raporteur: Mr. H.G. Dharmadasa (Sri Lanka)

Mr. Masakazu Tsujita (Japan)

Coordinator : Mr. Shoji Imafuku

Mr. Ko Akatsuka (Japan)

　

The chairman started the morning session right on time stating that 4 papers from 4 different countries will be presented before the coffee break while the rest will be heard throughout the rest of the day.

For the overview Mr. H.G. Dharmadasa started with Rule 10 of the United Nations Standard Minimum Rules detailing to some extent the recommendations or guidelines in the understanding of space and facilities for each prisoner, may they be the remand unconvicted or the convicted prisoners, the reasons why this come about and several remedies in situations of overcrowding.

He touched too the UN resolution in the Congress of Crime and the Treatment of Offenders that states that penal sentences in effect should be the last resort in all sanctions available to convicted persons. The Chairman too reminded speakers that though they have roughly 15 minutes for each presentation, all deliberations should as far as possible, emphasize on the remedial measures and strategies to reduce the effects of overcrowding and methods of non penal measures undertaken by each state.

A total of 15 speakers took the day and the discussions was to a great extent on the individual experiences with overcrowding, the reasons and effects on the social and penal institution as a whole.

Among the reasons reiterated commonly by all speakers are ?

Prisoners personal comfort and space have also been discussed at length.

Tropical countries, as stated by their participants, should have a least 40 square feet per prisoner and a ceiling height of at least 8 feet. A temperature of between a comfortable 18ｰ ? 20ｰ celsius, a lighting of not below 250 humens and a sound and noise tolerance of 40 ? 45 dB (decibels).

Although the Standard Minimum Rules do not specify these, one participant detailed that these figures can be obtained from Building Regulations of the Public Health of individual countries. Being able to follow local stipulations will go a long way towards humane conditions of incarcerations. Dormitory accommodations and facilities were also discussed.

Overcrowded prison conditions in a sense infringe on human individual rights and prisoner’s confort and in turn results in undue stress and conflict between prisoners as well as the staffs.

A myriad of pointers are raised as to the effects of overcrowding ? they touch among others on the health aspect of prisoners in their constructive routines, contamination of offenders when different categories of security ratings mix together and the erosion of the already difficult efforts towards fruitful rehabilitation and successful reintegration into society. Unsecure conditions also have effects on staffs morale and discipline amongst staffs and prisoners alike. These volatile situation can be offset should time, money and efforts are put into the solution of penal overcrowdings radically, rather than to modify ways to live with it.

The Malaysian participant stressed on the physical, medical and mental stress aspects of overcrowding as experienced by the staffs involved. In it, he detailed the compounded problem of overcrowding of long sentences and dangerous prisoners. Prisoners and detainees living With Aids (pwe) is also a sensitive issue when these special group of medically accentuated detainees swell to unmanageable figures.

As to measures to reduce overcrowding, all participants are of the consensus that efforts should start from changes in present Government policies and procedures that contributes to overcrowdings in the first place. There is a requirement to review existing laws and regulations governing the placement of criminals into prison since, as several presenters suggest, it is an infringement of human rights to deny inmates their very basic amenities while in incarceration.

Almost all presenters talk of changes currently underway in various countries in respect to mode, policies and laws. Fiji for example went at length to explain the 1994 Community Work Act passed by Parliament and being used at present. There are provisions too in the use of fines, probation and bonds for good behaviour as part of non institutional treatment.

Sri Lanka talks of the introduction of the Release of Remandes Act of 1991 but went on to say that the few others non institutional methods are ineffective due to lack of administrative provision and the disinclination on the part of the courts to pass such sentences. The release of Prisoners on License was introduce in 1970 and has been used on 1775 cases so far with only some 112 violations.

Malaysia has had the Community Attendance Centres and there are talks of revamping the programme. There has been some successes with volunteer probation officers doing their work under the existing programmes of Non Governmental Organizations.

The Iwahig-inspired concept of treatment for offenders in the Philippines was tabled at some considerable length by a Mr. B. Calibo. In this programme, inmates are allowed to settle with their families in a designated settlement area. This open and relaxed prison concept, although may be provided to only a few selected cases of prisoners nonetheless is very popular with the prisoners and the department; with inmates wanting to carry on with the programmes and trade training even after their release.

The participant from Nepal says of the Prison Regulation of 1963 in which prisoners who bears good character gets 50 ? 60 percent remission on their sentences while pardons are granted to prisoners on His Majesty’s Birthday, Constitution Day and Democracy Days.

Thailand has the “good time allowances” system whereby prisoners can be let off through remissions, with the board comprising of representatives from all departments within the Criminal Justice System. There is also the programme of parole for eligible serving prisoners considered by a seven member board Local Review Committee, and the Public Work Allowance. Another effective measure - and the pardon granted by Royal decree on national celebrations.

The paper of participant Mr. M. Tsujita detailing the Community-Based Treatment of Offender system in Japan generated much interests. Not only has it been very successful and has long been in operation, but the sheer number of prisoners released and reviewed under the scheme is an envy of other countries with a not so homogeneous population. Another area that elicit much questions from the floor was the Crime Prevention activities practiced by governmental and Non Governmental organizations which involves some 5 million citizens annually. This successes and the local Koban policing system, has in its own way, contributed to a safer society while reducing the prison population. Several questions were raised as to the composition of the so called VPO’s (The Volunteer Probation Officers) - their selection amongst the general public, their allowance and even whether they were harassed for doing their job was answered at length by the Japanese participant..

Questions and Answers Session

Question from the floor were heard after each presentation and were pertinently answered by the presenters. Most queries were in respect of fact and figures stated in their papers while some requires elaboration of system practiced in the individual countries. These serves to explain further the points made and programmes undertaken. Others were for clarification of certain facts by interested participants. Invariably several new measures taken by various countries came into the limelight and were discussed to some depth.

Summary of Suggestions

In repose, there is a call by all participants for an integrated approach by all agencies within the Criminal Justice System to view the deleterious effect of overcrowding in the Penal System.

There should be a ‘tolerance level’ of overcrowding within penal facilities. Severe improprieties and depravation may be construed as inhumane detention and can tentamount to torture may it be physical as well as mental. There should be no compromise where humane treatment and individual basic comfort are concerned.

Periodical meetings should be held within the ambiance of the Criminal Justice department themselves to deal with current policies and procedures to promote greater social wellbeing of the countries concern. These measures may inadvertently reduce “intervention” of outside agencies with measures that may not be totally acceptable. There is a call for effective research in addressing the complex problem of laws, procedures of prosecutions and incarceration of persons that is putting more and more pressure into the agencies. Amongst other suggestions/proposals aired by the participants :