Jail Reforms

JAIL REFORM Introduction The Secretariat of the Law & Justice Commission of Pakistan received many reports from NGOs and suggestions from the general public to the effect that the prison system needs reform with a view to ameliorate the condition of prison inmates. Data was received from the Human Rights Commission of Pakistan, Council of Islamic Ideology, Jail Training Institute, Lahore, containing useful suggestions for improvement in the prison system. Many reports appeared in the media, asking for review and reform of the prison system. All such data/suggestions were examined and have been incorporated in the present report. It may be stated that earlier on, the Commission published a fairly comprehensive report on Jail Reform (Report 23) in 1997. The Report was prepared after considerable efforts in collecting Data, inviting suggestions from the general public, visit to prisons by officers of the Secretariat and after conducting a public hearing on the subject. A summary of recommendations contained in the said report is at Annex l. These recommendations which are yet to be implemented by the Federal and Provincial Governments, for want of fund or amendments in the relevant laws and rules, include construction of prisons in outskirts of major cities, improving conditions of judicial lock-ups by equipping these with facilities like fans, benches and toilets. The facilities of outdoor games like football, basketball and indoor games have not been provided while recommendations for improving the conditions in death cells are yet to be adhered to. Similarly, the recommendations of reviving sick industries in jails and encouraging private sector for establishing industrial units in prisons are also not yet implemented. The recommendation with regard to calling for strengthening the system of jail inspections so that the judges of High Courts and Sub-ordinate Courts could pay regular visits and give on-the-spot instructions regarding under-trial prisoners is still in the cold storage. Similarly, recommendation to facilitate prisoners in meeting their relatives/friends and to 2 release the prisoners on short parole to meet their families and help them in task like cultivation and harvesting of crops, etc is still to be implemented. The standards of jail management and conditions of jail inmates during the British Raj were by no means ideal, however prison officials and the Government were always under strong pressure from the legal/political professions and the media to try to prevent abuses and take corrective actions, where due. This kind of concern for prison reform continued to be articulated for some time even after independence. But unfortunately during the last few decades the community in general has become cynically inured to mal-administration and corruption in the prisons. The jail population, including the number of under-trial and juvenile offenders, has been burgeoning at a rapid pace but the capacity of jails to house prisoners has increased only marginally and that, too, only in some cases. Take the case of the Province of Punjab before independence, there were 28 jails and now there are 30 jails meaning thereby construction of only two new jails in the last 57 years. This is despite the fact that the prison population has increased manifold. Some critics and especially the cynics, express the view that mal-administration and corruption in the prison system have crossed all limits, with hardly any prospects of reform or improvement in the system, hence, why the trouble of trying to reform? This attitude merely reflects the deep-rooted concern for the absence of any plan to improve the lot of prison inmate. The Secretariat of the Commission thought it appropriate to continue its efforts to look into prisons conditions and produce a comprehensive plan and suggestions for reform. After approval of the Report, it is expected that Government will give serious consideration to the recommendations and implement the same. Drastic changes are called for. These cannot be brought about unless the rulers muster the political will to overcome obstacles and give resources to improve the prison system. This, in turn, will become possible only if there is also a strong and sustained public demand for necessary changes to reform and modernize the prison laws, rules and improve conditions inside prison. 3 The recommendations on jail reforms contained in the report of Human Rights Commission of Pakistan for the year 2003 and a report of the Council of Islamic Ideology Committee on prisoners and jail reforms presented in the year 2003, have been thoroughly examined and where appropriate incorporated in this report. The present revised Report on Jail Reforms reiterates the recommendations of the Law and Justice Commission contained in its earlier report (Report No. 23) of 1997. This is so, because by and large, these recommendations have not been implemented yet, though they continue to be current and valid. Other studies and reports compiled by various agencies/NGOs have also been carefully examined and where appropriate, incorporated in the present report. The Secretariat of the Commission has been closely monitoring the media reports, especially complaints made and columns written in the newspapers, pertaining to issues and problems in the prisons system. With a view to have first-hand information on conditions prevailing in prisons, hearing the viewpoint of prison inmates and get input from the prison administration, the Secretary of the Commission deputed a Deputy Secretary of the Secretariat to visit various prisons in the country to examine the conditions prevailing there and also consult with other relevant government agencies, and human rights organizations to have an in-depth study of the prison system. Accordingly, visits were undertaken to the Central Jail, Karachi, Women Jail, Karachi, Central Jail, Lahore and Central Jail, Peshawar. Similarly meetings were also arranged for getting input from the civil society and discussions were held with the Government officials and NGO representatives. These meetings were held with the Principal, Jail Staff Training Institute, Lahore, Regional Director, Human Rights Wing, Law and Justice Division, at Lahore and Director, Human Rights Commission of Pakistan, Lahore. During such meetings pertinent issues relating to reform in the prison system and improvement in the conditions inside prisons were discussed. Valuable data/statistics with regard to prison population, number of prisons in the country and the staff working in prisons was obtained. The conditions of prison inmates were observed and viewpoint of the prison management obtained. Detail report in this regard is at 4 Annexure-II. The Government of NWFP have recently made amendments in the prison rules vide Notification No. 4/44-SO(Prisons)HD/2004 dated the 4th September 2004. The said amendments have incorporated some of the recommendations of the earlier LJCP report on prison reform such as improving the quality of food served to prison inmates, permission to keep reading/writing material, enhancing the duration of walk for prisoners and permission to wear own clothes, besides giving more incentives to prison staff. The amendments are apparently beneficial and may appropriately recommended for adaption by other provinces. These amendments have been incorporated in the draft amendments proposed in this report. The report that follows is somewhat comprehensive as to data/statistics in respect of prisons and its inmates. Having analyzed the earlier reports and subsequently data on the prison system, the present revised report on jail reform is formulated. This report prepared by the Secretariat was placed before the Commission and was considered in its meeting held on 11.12.2004. The Commission decided that the views of the Provincial Governments and other concerned quarters may also be obtained for incorporation in the report. Pursuant to this direction, the Home Department of each Provincial Government was requested to send their views on the recommendations made in the report. The Central Jail Staff Training Institute, Lahore was also requested to offer their comments in this respect. The Home Departments of the Provincial Governments and the Central Jail Staff Training Institute have offered their comments on the recommendations made in the report and are placed at Annex III. Most of the recommendations have been agreed to by the Provincial Governments but in some suggestions, they have reservations over these recommendations. Summary of recommendations as proposed by the Secretariat of the Law & Justice Commission of Pakistan is as follows. 5 Summary of Recommendations (i) Amendment in Statutes 1. The punishment of putting bar fetters should be abolished in all prisons. 2. The relevant prison law prescribing the punishment of whipping for jail offences should be repealed so as to comply with the Abolition of Punishment of Whipping Act 1996. 3. With a view to check the abuse of discretionary powers of Superintendent, the prisoners should have a right of appeal against major penalty, to be filed before the Sessions Judge. 4. Special arrangements be made for long term convicts for meeting of couples in privacy in the jail and the short term convicts/prisoners be considered for release on parole and the jail authority should issue a certificate to this effect to avoid future complications. 15. Women, especially below the age of 18 and above 50, not involved in heinous offences, be liberally granted bail. 26. Hudood cases should be decided within four months. (ii) Amendment in Rules 1. Prisoners should be allowed to keep a radio (with headphone), wristwatch, books, paper and pen/pencil, without having to obtain any permission. 2. All convicts of Class "C" should be allowed to wear their own clothes instead of jail uniform. 3. The duration of walk time for condemned prisoners should be extended from half an hour to one hour, each in the morning and evening, and the rule pertaining to the 1 Not recommended by the Commission 2 Not recommended by the Commission 6 use of hand'cuffs, during such walk, may be applied only in respect of terrorists or dangerous criminals.

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