Prison reforms
 I
sometimes cut through Punchi Borella and go to Wanathamulla to beat the
traffic and every time I do so, there is a slogan that catches my eye:
"Prisoners are also human". The slogan, placed on the wall of the
Magazine Prison in Colombo, succinctly captures the truth about prisons
and prisoners. Yes, prisoners are human - and that is indeed why they
have made a mistake in their lives which has brought them to the
confines of these four walls. The prison is supposed to "correct" him or
her and send him back to society, except in cases where prisoners are
sentenced to life in jail or worse, death.
The concept of prisons historically goes back to the 19th century and
the late 18th century, when the idea of using prisons as a response to
crime started to take hold. The USA built what are considered the first
two modern prisons, Eastern in Pennsylvania and Auburn in New York. That
model then became famous around the world and was adopted quickly by
many countries.
Corrections
However, in most countries prisons are now called corrections centres
and prison officials are now called correctional mangers. Even in Sri
Lanka, there was a move to rename the Prisons Department as the
Department of Corrections though we do not know what happened to this
proposal.
We pen these lines as Sri Lanka hosts the third Asia- Pacific
Regional Correctional Managers Conference from 10-13 May. The conference
is organized by the Department of Prisons in Sri Lanka with the support
of the International Committee of the Red Cross (ICRC). "This event in
Sri Lanka, which builds on the success of the two previous conferences,
provides a unique opportunity for senior prison managers to share
experiences, challenges and best practices", said Claire Meytraud, the
head of the ICRC delegation in Sri Lanka. The first Asia- Pacific
conference was held in 2012 in Manila, Philippines and the second in
2013 in Kuala Lumpur, Malaysia.
Nearly 50 senior officials from the Ministry of Prison Reforms,
Resettlement, Rehabilitation and Hindu Religious Affairs, the Department
of Prisons and the Bureau of the Commissioner General of Rehabilitation
in Sri Lanka, and from the prisons departments of Bangladesh, Cambodia,
China, Fiji, India, Indonesia, Malaysia, Myanmar, Papua New Guinea, the
Philippines and Thailand attended the seminar. ICRC delegations from
most of these countries were also represented at the event.
Timely
The theme of the conference was "Balancing Security and Humanitarian
Needs in Prisons", a timely topic given the increased focus on the
corrections systems in the Asia Pacific. Discussions focused mainly on
the following subjects: the classification of detainees, prison design,
the specific needs of women, trends in health care, medical ethics and
strategic planning for change.
 As
explained by Minister of Prison Reforms, Resettlement, Rehabilitation
and Hindu Religious Affairs D.M. Swaminathan prior to the conference,
"the Government of Sri Lanka is keen to undertake prison reforms to
ensure improved humanitarian conditions, that there is no overcrowding
in prisons and that the categorization of detainees is in line with
their offences so that prisons can be managed more efficiently and
effectively".
Additionally, he said detainees should be assured of proper
vocational training, counselling, sufficient time for family visits and
access to legal aid and adequate medical facilities, while carrying out
police searches to detect the use of drugs and mobile phones/SIM cards
in prisons. In this backdrop, the Asia- Pacific Regional Correctional
Managers Conference would help countries to share lessons learnt and to
formulate reforms that will make prisons more effective correctional
centres. The exchange of ideas will hopefully benefit the ongoing prison
reforms in Sri Lanka and elsewhere.
Justice
Now the focus is on restorative justice, an approach to crime that
puts the victim at the centre and is concerned with how we can make
restitution - how do we correct harm, rather than how do we punish
offenders, which is called retributive justice. This is necessarily a
part of the reform process. The fact that Prison Reforms are under a
separate ministry is an indication of its importance. It is also a
candid admission that everything is not fine with the country's prisons
system. There is a lot of room for improvement. First, the authorities
should implement the plan to relocate the magazine prison to a location
outside Colombo. (The Bogambara prison was removed from Kandy earlier).
It is prime real estate which can be used for another development such
as housing or retail.
This should pave the way for a more spacious, well designed prison
complex that will help reduce overcrowding, one of the biggest issues in
the prisons system. However, we should bear in mind that among the
prisoners are those who have been unable to pay simple fines stipulated
by Court. An alternative mechanism must be evolved to dispense with
these cases in a manner that does not clog up the already overcrowded
prisons. The law's delays are another reason for overcrowding in remand
prisons, as cases drag on for months, if not years. A solution must be
found to expedite these cases. It is vital to ensure the protection and
rehabilitation of women prisoners, some of whom have been imprisoned for
failure to pay a fine or the inability to secure bail.
Inmates
Sri Lanka does have a few open prisons where inmates (usually those
not subjected to Rigorous Imprisonment) can learn agriculture and other
vocations, but this system should be expanded. With new technology such
as digitally-tracked GPS enabled arm bands, there is no danger of
inmates escaping these facilities. With more room and time, prisoners
can learn new skills that will bring them an income once they go out of
the prison on parole or at the end of their term and rejoin society.
That will also be an impetus for them not to return to a life of crime
or drugs which sometimes happens when they are not fully rehabilitated.
This is where a proper counseling system comes in - the inmates have to
be told about the futility of what they have done and what will happen
if they do it again. After all, the avowed aim of the prisons or
corrections system is producing good citizens out of those who have
committed an offence, minor or major.
One other critical factor, often overlooked, is education. I do not
mean education for the prisoners, though that is also important. There
should be a better focus on education on the criminal justice process.
Sri Lanka has only a few criminologists who can understand the mind of
the offender. It is vital to probe his or her mind to start thinking
about eliminating crime which is what every society seeks. |
