SEVERE OVERCROWDING IN PRISONS

Imprisonment has become the most prevalent form of punishment for crime in almost all modern day societies. Hence, this question has attracted the attention of the United Nations from the early years of its establishment. The principles set out in the Universal Declaration of Human Rights (UDHR) adopted in 1948 and the International Covenant on Civil and Political Rights (ICCPR) adopted in 1966, has had a significant impact on the rights of prisoners.

These UN instruments were adopted to promote the dignity of all human beings, including those accused of and convicted of crime. Specific provisions for the protection of prisoners have been embodied in these instruments. They include the right to a fair trial, presumption of innocence, protection from torture and other cruel, inhuman or degrading treatment. These broad protections provided for in UDHR and ICCPR are spelt out in more than 30 UN instruments, some of which are multi lateral treaties relating to the control of crime and treatment of offenders, while others are resolutions and declarations. The Standard Minimum Rules for the Treatment of Prisoners adopted by Economic and Social Council of the UN in 1957, Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment, adopted by the UN General Assembly in 1988, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1994, Declaration on Safeguards Guaranteeing Protection of the Rights of those Facing the Death Penalty are some of the important UN instruments that directly safeguards the rights of Prisoners.

In this context, the Consortium of Humanitarian Agencies observes that though Sri Lanka does not have a history of ill-treating its prisoners other than a few isolated incidents, the severe overcrowding in the prisons is pushing the country unwittingly to the brink of inhuman or degrading treatment of its prisoners.

The prison population in the country has increased so drastically in the recent past that the living conditions in our prisons have become intolerable and beyond any acceptable standards. According to the last publication of ‘Prisons Statistics of Sri Lanka’ the percentage of overcrowding for all categories of prisoners was 113.9. The percentage of overcrowding for convicted prisoners was 81.9 and for remand prisoners it was 157.7. While the total authorized accommodation available in our prisons was 10.692, the prisons were holding an average of 22,867 prisoners.

Indeed, the above figures do not illustrate the true story of overcrowding as the percentage of overcrowding differs from institution to institution. A good example is the Welikada Prison, the premier prison institution in the country. The prison that has an authorized accommodation for 1500 prisoners is presently holding over 4000 prisoners. This is an overcrowding of about 270 per cent. Though the prison is designated as the prison for first offender convicts, it also houses a large number of remand prisoners due to severe overcrowding of remand prisons in Colombo. Remand prisoners at the Welikada Prison are housed in a three-storied building known as the L-Hall. The authorized number that can be accommodated in this section is 307, but holds on an average some 1400 prisoners. This is an overcrowding of over 450 percent. The condition prevailing here are so atrocious that prisoners who understand English call it the Hell-Hole. This building, built during the colonial period is in a very bad state of disrepair. Roof leaks during rains flooding the floors. The lack of ventilation creates a suffocating atmosphere. The foul smell emanating from the cells and surroundings is unbearable. Most prisoners have to sleep on the bare floor as no mats or pillows are provided and large numbers have to sleep in the corridors due to lack of room in the cells. They do not have sufficient water to wash or bathe as running water is available only for a short period during the day. Some prisoners complain that they have to bribe senior prisoners and officials to get a bath. There are less than ten toilets for the entire population of 1400 and prisoners complain some of them are often clogged. These prisoners get little sunlight as they are confined indoors most of the time during the day.

The situation is almost similar in most remand prisons in the country. Sometime back the members of the International Committee of Red Cross visited the Kuruvita Remand Prison in the Ratnapura district and in their report to the Commissioner General of Prisons stated that certain sections of the prisons are so overcrowded that prisoners had to sleep in the toilet areas and empty water tanks due to lack of space. They also said that in most dormitories prisoners could hardly turn themselves over during sleep at night. During the inquiry into the attempted escape and the shooting incident in which six prisoners died, the superintendent of the Kuruvita prison had said that due to severe overcrowding, hard-core prisoners are also kept with the ordinary remand prisoners posing a threat to security.

During a visit to the Jaffna Prison in December 2007 by a team of officers from the CHA, they observed the appalling situation prevailing there. This makeshift prison consisting two converted old residential buildings is so overcrowded that prisoners have to sleep in shifts in the night. At the time of the visit there were 480 inmates while the space available was only for about 200 prisoners. It was observed that the prisoners are locked up in the cells throughout the day except for half an hour allowed for exercise, sunlight and the time allocated for the meals. Unending hours are spent idling and in utter boredom. Prisoners lacked many basic things necessary for human living. Water was in short supply and the toilet facilities were grossly inadequate. There were no mats and pillows or any other kind of bedding given to the prisoners. Due to the severe overcrowding and the unsanitary conditions infectious deceases were spreading fast. There were 35 prisoners afflicted with chicken pox on the day the CHA team visited the prison. The time allowed for visits by friends and relations too is limited, as large numbers have to be accommodated. The CHA has provided some essential equipment and also built two toilets in order to alleviate the difficulties faced by the prisoners at least to some degree, since its last visit.

The CHA observes that the situation of the convicted prisoners is no better. Where water, sanitation and accommodation are concerned they are in a similar situation as the remand prisoners at the Welikada Prison. In a prison cell with a floor space of 54 sq. feet that is meant to keep a maximum of three often seven or eight prisoner are locked up. During the night lock-up time between 6.00pm to 6.00am they do not have any toilet facilities other than a small bucket. To ease oneself in the presence of several other is very humiliating act.

Moreover, the number of persons languishing in the death cells has dramatically increased to nearly 200 due non commutation to life sentences. Though the prison rules require that prisoners sentenced to death be kept separately in single cells, presently three or more occupy a death row cell. There is also an unprecedented number of over 250 prisoners serving life sentences. This situation has arisen due to ill conceived policy decision not to commute life sentences until 20 years of the life sentence have been served.

In addition to the severe overcrowding, prisons are also presently facing a acute shortage of staff. In such situations, the Prison officers have to work under severe stress and his work environment becomes insecure. This makes the situation of the prisoner worse, as even a minor deviations from the rules are sternly dealt with by the officers, often with physical force. The seemingly excessive reaction of prison officers at the Kuruwita prison that led to the killing of six prisoners is an example.

It is clearly evident from the above that severe overcrowding in our prisons result in the violation of United Nations Standard Minimum Rules for the treatment of prisoners.

It must be stressed that prisoners are not people without rights. In 1944 a federal court in the United State of America stated that. “a prisoner retains all the rights of an ordinary citizen except those expressly or by necessary implication taken from by law.”(Coffin v Richard 143 F.2d 443) In another landmark judgment of the American Supreme Court in 1974, justice White had said. “But though his rights may be diminished by the needs and exigencies of the institutional environment, a prisoner is not wholly stripped of constitutional protections when he is imprisoned for crime. There is no iron curtain drawn between the constitution and the prisons of his country.”(Wolf v McDonald (1974) 41.L Ed.2d.965) More closer to home, in 1980 the Supreme Court of India had stated that, the judges are the guardians of prisoner’s rights because they have a duty to secure the execution of the sentences without excesses and to sustain personal liberties of prisoners without violence or violation of the inmate’s personality ( Sunil Batra (II) V. Delhi Administration (1980 3 S.C.C.488). In our own country the Supreme Court in Amal Sudath Silva V. Kodituwakku (1987 2 SLR 119) stated: “The petitioner may be a hard-core criminal whose tribe deserves no sympathy. But if constitutional guarantees are to have any meaning or value in our democratic set up, it is essential that he be not denied the protection guaranteed by our constitution.”

The problem of prison overcrowding is not only a question of human suffering and violation of prisoner’s rights. It is also a colossal unnecessary expenditure of public money. According to prison sources approximate average cost of maintaining a prisoner for a year is Rs. 90,000. Therefore the solutions to the problem have to be found through a thorough examination of our penal laws, criminal procedures, bail laws, alternative sentencing etc. It is the responsibility of concerned members of the public, organizations of the civil society and state organs responsible for the administration of our criminal justice system to take appropriate action before the current crisis ends in a catastrophe.