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| Sunday, 19 September 2004 |
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Features |  |
| News Business Features Editorial
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The HRC Report on Methsevana State Detention House : A hell-hole Crime, violence, bribery, prostitution.... whether we like it or not, human vices are an integral part of society. They exist in Colombo as well as in New York. They existed 2500 years ago and will continue to exist 2500 years hence. And they will continue to thrive because as humans, we are not always infallible and are susceptible to temptation and transgression.
But human flaws are not beyond redemption. They can be rectified by society through laws, disciplinary procedures, counselling and rehabilitation programmes. State institutes primarily responsible for the rehabilitation of those who've done wrong have the most vital role to play. They might as well be called the guardians of society. But what happens if these guardians turn against society itself? This is the case at Methsevana State House of Detention in Gangodawila, which has been reeling under allegations of unlawful detention, violation of human rights, substandard care and general mismanagement. Many inquiries were carried out into the activities of the Detention House and in June this year the Human Rights Commission of Sri Lanka conducted their own investigations. The report published early this week, reveal the tragic circumstance under which children and women are being detained. Of grave concern to the Commission is the fact that women and children are being detained without proper court orders. The report, quoting the Chief Supervisor of Methsevana, states that magistrates send women for detention without specifying release dates. It also states that Methsevana only releases a detainee when a guardian, usually a husband or parent who is willing to accept the woman and/or child. These policies have led to the indefinite detention of 178 women and 15 children, with some women being held after their release date because they are reluctant to leave the Detention Centre without a source of income. Others remain in detention because they have no guardian to accept them. Indefinite detention The report further reveals that indefinite detention not only creates funding and space problems for the institution but also infringes on the human right of the detainees. Indefinite detention, it states, also violates Sri Lanka's constitution, international covenants and the ordinances under which most of the women are detained. Some of the inmates, had been detained for 'mental illness', 'being crippled', 'suffering from epilepsy', 'being deaf', 'begging' or simply going 'astray', none of which is constituted a punishable offence under Sri Lankan law. Therefore, the report concludes that detention of a large number of women and children is unconstitutional, as they have been confined for behaviour not specifically prohibited by law. It also states that the inmates detained for suffering from 'mental illnesses' receive treatment from the monthly clinics conducted by the Angoda Mental Hospital, but describe the treatment as grossly inadequate. The psychiatric ward is described as having one of the worst living conditions in the entire institute with the most women dressed in filthy and torn clothing cooped up in small rooms - twenty to a room - without any bedding or lighting, and left to their own devices with nothing to do. Most wander around the ward or sleep and are not provided adequate supervision as the institution does not provide a regular supervisor of the psychiatric ward. The investigators had found other detainees forced into serve as caretakers for the women with mental illness. The detention of children is also seen as a grave violation of rights, with the children negatively impacted because they lack access to a regular paediatrician, vital vaccinations, sanitary conditions and age-appropriate social interaction, thus extending the social corruption into yet another generation. Facilities The health and counselling facilities at Methsevana, the report reveals, are substandard, particularly for women with mental health problems, and children. As a result of insufficient staff and funding, many women and children were found to be sick with flu during the July visit of the Human Rights Commission. Most of the children had not been given vital vaccinations. The report notes that there is a heightened risk of spreading communicable diseases due to congestion and poor sanitation and the lack of access to healthy drinking water is a major cause of sickness. It also notes that detainees are expected to buy their own hygiene products such as soap, toothpaste, feminine products and shampoo, and states that the practice is utterly impractical as most of the women don't have a means to any income. The shortage of water, had forced most women and children to use dirty, torn clothing, bedding and towels. The front and back yards of the Detention Centre, it states, are in a state of disrepair, littered with trash and open sewage. The investigators had observed flies rampant, especially around the women in the psychiatric ward and the old building. The 20 toilets, inadequate to meet the needs of more than 300 women and children were found to be overflowing. The Human Rights Commission, after its thorough investigation of the Methsevana State House of Detention recommend that: House of Detention Ordinance be amended to include a provision that all adult detainees are released upon expiration of their sentence, notwithstanding that any person claims custody of the detainee Social Services and Judiciary and local magistrates formalise a uniform sentencing procedure that prevents the detaining of adult women simply because they have no guardians A paediatrician be recruited to ensure that children have received all vital vaccinations. Children be referred to an institution that provides services for children, and women with serious mental illness be referred to mental hospitals or other institutions. Women who work as caretakers for the mentally ill be compensated and detainees asked to clean and supervise the psychiatric ward be paid an allowance. Necessary sanitary living conditions, including a reasonable water supply, hygiene items like soap, shampoo, toothpaste and facilities such as beds, mattresses, bedding, pillows, and towels be provided. At least 10 additional toilets be constructed and steps taken to rid the surrounding of open sewage and the accumulated litter. The Commission also recommends that Methsevana should provide rehabilitative tools that empower women to live self-sufficiently; hire a career guidance counsellor and prepare detainees for work during and after the detention period; encouraging vocational training, where women who participate are compensated and awarded a proper certificate upon completion of the course. The Commission also recommend the implementation of programs targeting the interests of the women in the areas of education, art, music, exercise, and self-sufficiency and urges that the Centre maintain a mail collecting and sending service to aid communication with families. They recommend that a detainee be employed to oversee the project and assist illiterate women to correspond with their family. All these recommendations are vital, but the question remains as to how much or if any will be implemented, or whether the recommendations will gather dust in the corner of the Social Services Department for want of funds. As the Human Rights Commission points out, this is simply one single occurrence where the rights of women have been neglected. There should be services, which provide shelters for women and children, women with mental illnesses and homeless women in order to build the framework for eliminating human rights violations against women. -RK **** Methsevana in a nutshell Maintained by the Social Services Department of the Western Provincial Council, Methsevana State House of Detention in Gangodawila is the only state women's home in Sri Lanka. Methsevana serves as a prison, a rehabilitation centre, a vocational training school, a spice packing industry and a garment factory. Situated on five acres of land, the facility is divided into five parts: (1) the administrative building, (2) the psychiatric ward, (3) an old building, which houses non-working women, vocational training rooms and the Department of Social Services stores, (4) a newly built two-storey building, which houses non-working and working women and children, and (5) the Jeb Memorial Building, an eight room hostel for working women. The administrative building is clean, cool and in good condition. Similarly, the JEB Memorial Building, which houses about four or five women per room is in satisfactory condition. However, only three or four of the eight rooms are presently in use. The psychiatric ward and old building are in poor condition, while the new building is in slightly better condition, but requires significant attention. The premises around the new and old buildings are in serious disrepair. The open space surrounding the living quarters contains old playground equipment, open sewage and litter, including broken glass. The living quarters are cramped and dark, housing up to twenty women in one room, and lack basic necessities. The curtains, bedding and floors are dirty, and flies are rampant. In a room that houses almost twenty recent detainees, the supervisors have removed the beds to prevent escape through the windows. Until they are accustomed to the facility, these women have only thin, dirty mats and sheets for sleeping. The worst conditions plague women living in the psychiatric ward. During the July visit, several women with mental illness were lying on the ground, dressed in threadbare and dirty clothes, surrounded by flies and bugs. Women with mental illness, non-working women and children have little to do, some crowd in corners listening to music over the loudspeakers or tend to children. The few women who can afford soap wash clothing; others sleep all day. During the July surprise visit, many women and children were ill with the flu. |
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