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(J \>. ~~"',".'",.\ ,~ REPORT for 1982 and RESO URCE MATERIAL SERIES No. 23

102679 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice.

Permission to reproduce this copyrighted material has been granted by UNAFEI

to the National Criminal Justice Reference Service (NCJRS).

Further reproduction outside of the NCJRS system requires permis­ sion of the copyright owner.

UNAFEI

Fuchu, Tokyo, Japan April/1983 CONTENTS

Annual Report for 1982 I. Report of Main Activities and Events of the Year 1982 7 II. Prospects for the Year 1983 ...... 31

III. Conclusion ..., ...... I ...... • • • . •• 31 t"':·,·· ~' 11m !~. . Appendices I-X . T' .... N· C·w;· rt.~...... 33 1 { ,

Resource Material Series :No., 23 ~nI~ 1@ )984 Introductory Note

Material Produced During the 61st International Training Course on Improvement of Correctional Programmes for More Effective Rehabilitation of Offenders

PART 1: EXPERTS' PAPERS . /" /02-b7 CJ rThe Approach to Corrections in Asia antthe Pacific I with Reference to the United Nations Standard Minimum I Rules for the Treatment of Prisoners . by T. G.P. Garner ...... 57 'correctional Issues at United Nations Congresses on the Prevention of Crime and the Treatment of Offenders with \,Particular Reference to the Standard Minimum Rules for I!he Treatment of Prisoners (11{I(q J by Kurt Neudek ...... " 70

PART 2: PARTICIPANTS' PAPERS r'>.. The Hong Kong Correctional Services ,.1:; t.l t{ :~. I by Bhagat Ish Kumar ...... " 85 ; .... 'l-bpen Prisons in India with Special Reference to Anantapur Prisoners' Agricultural Colony ~ l[:i ;t .f' _ by V. AppaRao ...... , ...... '... f.-:...... 91 Prison Administration in Pakistan by Mian Shaukat Mehmood ...... 97

3 PART 3: GROUP WORKSHOPS

Workshop I: Juvenile Delinquency and Juvenile Justice System ...... 101 Workshop II: Correctional System and Performance ...... 113 Workshop III: Treatment of Special Categories of Offenders .... 121 Workshop IV: Correctional Treatment Programmes for Prisoners...... 131 Workshop V: Community-Based Treatment and Others ...... " 138

PART 4: REPORT OF THE COURSE

Session 1: Current Correctional System and General Trends in Population in Corrections ...... 147 Session 2: Accommodation ...... 153 Session 3: Clothing, Bedding and Food ...... 156 Session 4: Medical Services ...... ,...... 159 Session 5: Discipline and Punishment; Instruments of Restraint ...... 162 Session 6: Information to and Complaints by Prisoners ..... " 167 Session 7: Contact with the Outside World ...... 169 Session 8: Separation of Categories; Classification and Individualization ...... 172 Session 9: Prison Work ...... 177 Session 10: Education and Vocational Training...... 179 Session 11: Exercise and Sports; Recreational and Cultural Activities; Religious Activities ...... ,.... 184 Session 12: Social Casework, Counselling and Psychotherapy ... 186 Session 13: Extramural Treatment...... 190 Session 14: Parole, Aftercare ...... , .. 194 Session 15: Correctional Personnel ...... 201 Session 16: Cooperation, Public Participation; Research on the Effectiveness of Treatment ...... 203 Session 17, 18: The Standard Minimum Rules for the Treatment of Prisoners-Its Implication for Asia and the Pacific, and Proposal for Its Modifications from Asia and the Pacific...... 207

4 ANNUAL REPORT FOR 1982

- THE YEAR OF NEW CORNERSTONES -

UNAFEI I. Report of Main Activities and Events of the Year 1982

Introduction

DUring the year 1982, UNAFEI celebrated the twentieth anniversary of its inter­ national training courses and seminars. The year was, therefore, characterized by tltis auspicious event and other various significant commemorative events which took place: i.e., (1) the new UNAFEI building was completed; (2) a meeting of the Ad Hoc Advisory Committee of Experts on UNAFEI's Work Programme and Directions Was held at the conference hall of the new building; (3) the Asia Crime Prevention Foundation, a non­ profit organization which aims at promoting and sponsoring various activities for the prevention of crime and the treatment of offenders in Asia and the Pacific region, was established; (4) the twentieth anniversary commemoration volume of UNAFEI was published with the title: "Criminal Justice in Asia: the Quest for an Integrated Ap­ proach"; and (5) the Third Meeting of the Asia and the Pacific Conference of Correc­ tional Administrators was held at UNAFEI. Because of the significance and importance of these events, especially of the first to third events, the year 1982 really deserves the name of "the year of new cornerstones" for the future activities of UNAFEI. These are elaborated in the latter part of tltis report. As in other years, UNAFEI organized and conducted international training courses or seminars (59th-61st), in which a total of seventy-nine officials who were engaged in the criminal justice administration mainly in Asia and the Pacific region participated. A breakdown of these participants by countries is shown in Appendix I.

Training Programmes

1. 59th International Seminar (22 February-20 March) -Contemporary Problems in Securing an Effective, Efficient and Fair Administration of Criminal Justice and Their Solutions-

It is universally recognized that a proper handling and disposition of criminal cases at various stages of investigation, prosecution and final judgement by the competent author­ ity is essential not only in realizing justice but also in achieving general deterrence and rehabilitation of offenders. However, due to the rise in the volume and seriousness of crime in many countries, the increasingly heavy case-load has aroused a sense of grave concern about the efficacy of the criminal justice system as a whole. The delay in trial and disposition of cases not infrequently results in letting loose many dangerous offend­ ers, undermining the effect of penal sanctions and ultimately in eroding public confidence in the strength of the system to protect society. From the viewpoint of the accused persons, the delay in the disposal of cases before the courts may cause ,[ prolonged in­ carceration pending investigation and trial, and subject the person fo mental anxiety and possible impairment of his ability to defend himself. The protection of human rights of persons in the sphere of criminal justice has emerged as a major issue for all the countries to ponder over and follow up within their respective systems. Thus, this Seminar was designed to review the current administration of criminal justice, to identify obstacles which hamper effective, speedy and fair handling and disposition of criminal cases, and

7 ------

ANNUAL REPORT FOR 1982

Table 1: Outline of the Programme (59th Seminar) Total: 94 Hours (4 weeks)

Hours Orientation for the Course (Director and Staff) ...... 1 Self-Introduction (Participants and Staff) ...... 2 Expert Presentations ...... 8 Faculty Presentations ...... 8 Ad Hoc Lectures ...... 6 Individual Presentation on the Main Theme of the Seminar...... 24 General Discussion and Adc',ption Sessions...... 10 Visits of Observation...... 12 Abashiri, Osaka and Kyoto Trip ...... 16 Evaluation Session ...... 2 Individual Interview ...... 2 Reference Reading and Others ...... 2 Closing Ceremony...... 1 to explore and develop appropriate strategies to solve those problems. The main topics cover')d during this Seminar were: (1) Crime trends, including changes in forms and dimensions of criminality; (2) Current problems in securing effec­ tive, efficient and fair administration of criminal justice; (3) Measures to enhance effec­ tiveness, efficiency, and fairness of investigation and prosecution; (4) Diversion of appro­ priate cases from the formal criminal process at earlier stages; (5) Measures to ensure speedy and fair trial; (6) Safeguards for ensuring propriety of arrest and detention, and to prevent prolonged detention; (7) Coordination of policies and practices among criminal justice agencies; and (8) Protection of human rights in the process of investigation, prose­ cution and trial. Twenty-six participants, who mainly ccnsisted of senior government officials at the policy-making level in the Ministries or Departments concerned with the administra­ tion of criminal justice, senior police officers, public prosecutors, judges and senior correctional officlals representing eighteen countries, i.e., Brazil, Costa Rica, Ghana, India, Indonesia, Jamaica, the Republic of Korea, Malaysia, Morocco, Nepal, Pakistan, Philippines (two participants), Singapore, Sri Lanka, Thailand, Tonga, the United Arab Emirates and Japan (eight participants), attended the Seminar. A list of the participants is reproduced in Appendix II-I. An outline of the course programme is shown in Table 1. Discussions on the main theme consisted of individual presentations by each par­ ticipant and subsequent general discussions on the issues raised during the preceding pre­ sentations. In the general discussion sessions the participants elected a chairman and a rapporteur from among themselves for each session and examined the following topics with the visiting experts and UNAFEI staff as advisors.

(a) Investigation and Crime Prevention In recent years, crimes are showing an upward trend in many participating countries. Reflecting the economic, social and cultural development stage of individual countries, crime trends show distinct traits from country to country: in some countries, property offences such as theft, robbery, etc. are increasing, while in other countries, computerized crimes and syndicate crimes are on the rise. In this regard, soaring computerized crimes

8 MAIN ACTIVITIES AND EVENTS in some countries including Singapore and Japan attracted attention during the discus­ sions. To enhance the overall effectiveness and efficiency of investigation, there remains much room for inlprovement in the detection of crime, the clearance rate and the col1ec­ tion of evidence. It was agreed that difficulties in detecting crime, securing a reasonable level for the clearance rate, or col1ecting adequate and satisfactory evidence were at­ tributable to such factors as a complicated and inefficient bureaucratic investigative organization, a lack of professional skia in investigation officers, insufficient technical and scientific facilities in investigation agencies, etc. It was suggested that effective schemes to remove such causes should be as fol1ows: specialization of the investigative police; maintenance of sufficient police manpower; improved technical'and scientific facilities; recruitment of better-qualified police personnel; and improvement of in-service training programmes. In the course of the discussion, it came to light that public prose­ cutors have been giving useful instructions and advice to the police for more effective and efficient investigation in some participating countries. In terms of crime prevention strategies, the following measures were mentioned as being effective: reinforcement of police patrol and police boxes; effective police deploy­ ment; countermeasures against specific offences and high-risk groups; improvement of police-community relations; community organization or mobilization; education of the public on crime prevention, etc. In this regard, the participants specifical1y recognized the crucial importance of public participation in the prevention and control of crime.

(b) Prosecution and Diversion It was revealed that agencies entrusted with the function of prosecution varied greatly in accordance with individual criminal justice systems. However it was unanimous­ ly recognized that the prosecution agencies are entrusted to playa vital role as the bridge between the police investigation and the court trial in every criminal justice system. It was acknowledged by the participants that the appropriate selection of cases for prosecution as wel1 as for diversion should be considered in a pragmatic way. It was agreed by the participants that more active use of non-prosecution and diversion on certain types of cases might be an effective solution to cope with delay in trial and over­ crowding in the prisons, notwithstanding the tremendous netu to expedite trials. Also, it was the opinion of the participants that non-prosecution and diversion might be appro­ priate for certain types of offenders in their early rehabilitation. As for prosecutorial screening, a prima facie case or a reasonable ground to suspect that the accused committed an offence is the legal requirement for initiation of prosecu­ tion or committing the case to the trial court in ml)st countries represented. In the Republic of Korea and Japan, although the legal requirement for prosecution of a crimi­ nal case is the same, it has long been the practice that the public prosecutor usually does not institute a prosecution unless he believes that there is sufficient evidence to prove the accused's guilty beyond a reasonable doubt. In addition, the public prosecutor in these countries is empowered to suspend the institution of prosecution even if he believes that there is enough evidence to prove a suspect's guilt. It was pointed out that the require­ ment that there be a prima facie case places a great bu.rden on the criminal court, thus causing delay in trial. On the other hand, it was pointed out that certain safeguards against the abuse of discretionary power by the prosecution agency must be carefully provided in a system where the prosecution agency is entrusted to exercise such power. Various safeguards, including the Inquest Committee of Prosecution and quasi-prosecu-

9 ANNUAL REPORT FOR 1982

tion by an aggrieved party in offences of abuse of powers in Japan, and the system of private prosecution exercised in some of the participating countries were brought to light and actively discussed. Committal proceedings by the magistrate are also a process of screening criminal cases of a serious nature for trial. It was reported that in India and Pakistan, committal proceedings were abolished, since in these countries they were deemed to be a somewhat duplicated process of examining evidence. Moreover, they sometimes caused a delay in the committal of cases to trial. However, the participants from Malaysia and Singapore maintained that the screening function of committal proceedings should not be over­ looked, since it worked towards reducing the overburden of cases in trial courts. A sim­ plified form of committal proceedings in Singapore was also reported. In this regard it is noteworthy that Sri Lanka has recently reintroduced committal proceedings after having once abolished them.

(c) Trial The participants unanimously stressed that it is the sacred duty of all concerned with the criminal justice system to ensure a speedy and fair trial so as to maintain the credibil­ ity and effectiveness of the system. As a prerequisite for finding adequate solu tions to the problems of delay in trial, efforts were made to identify and examine various causes of delay in the participating countries. The shortage of manpower and personnel in the court, especially of judges in most of the participating countries, was raised as one of the major persistent causes of delay in trial. The main reason for a shortage of judges or vacancies in their positions in most of the countries was obviously the relatively poor working conditions, including salary scales, as compared with those of practising lawyers. In some countries in which various local languages are used, a lack of qualified inter­ preter::; of local languages was pointed out as one of the serious obstacles to expediting trials. In those countries where trial by jury is conducted, the apathy or indifference toward<, jury service on the part of ordinary citizens led to a low rate of attendance of jurors on the date of trial and created one obstacle to speedy trials. Again, in some countries where there are some procedural as well as evidentiary requirements in the conduct of trial, such as the requirement of recording evidence only by the handwriting of a judge, these were pointed out as possible obstacles in expediting trials. Other major causes of delay commonly observed by the participants were: non-appearance of parties and witnesses due to the poor work of process servers or lack of efficient transportation; improper schedule of and insufficient control over court proceedings on the part of presiding judges. Some participants were of the view that decriminalization of some categories of victimless crimes would be effective in reducing court caseloads and thus contributing to the concentration of a judge's efforts in trials of a more serious nature. It was observed also that specialization with intensive training of judges exclusively dealing with such specific and sophisticated types of crime as white-collar crime would be of immense value in expediting trials. Obviously every effort should be made to conduct trials as speedily as possible, especially when the accused is detained. In this regard, the provisions of mandatory release of a detained accused after the prescribed period for trial or time limitation for trials, guaranteed by administrative sanction, as practiced in some countries called for the attention of the participants. The necessity of a continued and concentrated schedule of trial was pointed out as an important prerequisite for a speedy and fair trial. Adjourn­ ment of the trial date should only be granted after a careful scrutiny of the grounds.

10 MAIN ACTIVITIES AND EVENTS

Dilatory tactics should be controlled by the proper use of court's power of regulating trial proceedings.

(d) Protection of Human Rights, Coordination among Criminal Justice Agencies It was unanimously agreed that the protection of human rights in criminal procedure is prescribed in statutes in each country in accordance with cultural and historical tradi­ tion as well as the standards and guidelines provided by the United Nations, e.g., the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The participants also agreed that, however important' the efforts to secure the rights of the individual may be in the proper administration of criminal justice, there would have to be limitations determined by the laws of the country and by the requirements of public order and security, and that the difficulty lies in striking a proper balance between the above two essential but apparently contradictory require­ ments. To reduce the incidence of prolonged detention as much as possible, the proper use of bail or other forms of provisional release systems, a limitation on the detention period, and speedy investigation and trial were recommended as possible countermea­ sures. Bail is available to offenders under pre-trial detention in most of the participating countries. It was the unanimous view of the participants that bail or other provisional release systems should be available to as many offenders as possible. During the discus­ sion it was made clear that bail was actively used in many countries, but that in some countries a number of accused offenders were unable to furnish money, bond or surety for bail. In this connection, in some countries, a release on recognizance scheme was actively used. With regard to the right to counsel, it was agreed that it should not be curtailed at any stage of a criminal proceeding because the substantial rights of persons in custody cannot be effectuated without the assistance of counsel. It was noted, however, that at the investigation stage of a criminal case, the activities of defence counsel may be subjected to some control so that they do not engage in improper activities, such as destroying evidence or interfering with witnesses. It was also the unanimous view of the participants that legal aid should be grantded to every accused person as of right when he is charged with a serious offence. The availability of qualified state-appointed de­ fence counsel to an indigent accused person would help to maintain fundamental rights relating to a fair public hearing, such as equality under the law or protection against self-incrimination, which most countries have enshrined in their constitutions. In regard to confessions obtained by compulsion, torture or threat, or after pro­ longed detention, it was stressed that exclusive reliance on suspect or defendant con­ fessions should be avoided and that torture or any kind of brutality in the course of interrogation should be totally eliminated. Lastly, coordination and cooperation among criminal justice agencies were dis­ cussed. The independence of respective criminal justice agencies is indispensable to the fair administration of criminal justice. However, independence does not prevent inter­ agency cooperation and coordination in developing procedures in response to crime. Coordination among governmental agencies neither endangers organizational independ­ ence nor infringes on fundamental human rights of the accused or citizens. Instead, it conserves personnel time and expenditures which might be wasted if criminal justice agencies pursue conflicting, overlapping or even antagonistic activities in response to the fight against crime. The participants were of the view that coordination committees

11 ANNUAL REPORT FOR 1982 involving various agencies shoud be formed so that the officers of these agencies could periodically meet to discuss and understand each other's problems and viewpoints. Inf'ltrmal associations of police, prosecutors, judges and correctional staff will contribute a great deal to the enhancement of coordination. In order to procure better understand­ ing based on mutual faith, it may be necessary to arrange training courses or seminars in which personnel of various criminal justice agencies participate. F or this Seminar, UNAFEI invited two distinguished visiting experts, viz., Dr. Ricardo C. Puno, Minister of Justice, Republic of the Philippines, and Dr. B.J. George, Jr., Profes­ sor of Law, New York Law School, U.S.A. Dr. Puno delivered a lecture on Contemporary Problems in Securing an Effective, Efficient and Fair Administration of Criminal Justice and Their Solutions. Professor George gave two lectures, i.e., (a) Recent Developments in the Constitutional Law Affecting Search, Seizure and Interrogation, and (b) The Ex­ clusionary Rule and Other Sanctions for the Protection of Constitutional Rights. Three ad hoc lecturers, viz., Mr. Atsushi Nagashima, Professor, Faculty of Law, Toyo University (former Director of UNAFEI), Mr. Shigeki Ito, Deputy Prosecutor­ General, Supreme Public Prosecutors' Office, and Mr. Sadame Kamakura, Deputy Super­ intendent-General, Tokyo Metropolitan Police Department, delivered a series of lectures on various topics related to the main theme of the Seminar. In addition, the Deputy Director and other staff of UNAFEI gave lectures on relevant topics. A list of lecturers and their topics, and a list of reference materials distributed are shown in Appendices II-2 and II-3. For the purpose of obtaining a practical knowledge of the Japanese criminal justice system, the participants visited the Supreme Court, the Ministry of Justice, Abashiri Prison, the Metropolitan Police Department, Hachioji Medical Prison, Tokyo District Court, Tokyo Metropolitan Police School and Yotsuya Police Station, where they had lively discussion with the officials present. During the 59th International Seminar, it was emphasized that the obstacle which hamper an effective, efficient and fair administration of criminal justice should be re­ moved through the concerted efforts of agencies inside and outside of the criminal justice system, including the participation of citizens. The participants tried to explore ways and means to realize it effectively with the assistance of the visiting experts, ad hoc lecturers and the staff of UNAFEI.

2. 60th International Training Course (27 April-3 July) -Securing Rational Exercise of Discretionary Powers at Adjudication and Pre-Adjudication Stages of Criminal Justice Administration-

Dispositional decisions made by criminal justice agencies in their discretion have crucial impacts not only upon the interests of the offender but also upon society as a whole. In spite of the critical nature of these discretionary dispositions, however, it appears in many countries that they are not necessarily made based on relevant and adequate data and their consequences are often not assessed and evaluated in a satis­ factory manner. Accordingly, it is often observed that effective procedural guarantees for securing appropriate decisions are yet to be formed, that the structures and wide­ ranging repercussions of these decisions are not fully understood, that decision-makers are not informed enough about well-founded reference materials and are not guided by clear and well-balanced standards or guidelines, and that a decision at any stage of the penal

12 MAIN ACTIVITIES AND EVENTS

Table 2: Outline of the Programme (60th Course) Total: 203 Hours (10 weeks)

Hours Orientation for the Course (Staff) ...... 1 Self-Introduction (Participants and Staff) ...... 2 Introduction to the Japanese Criminal Justice System (Staff) ...... 4 Experts' Presentation ...... 16 Faculty's Presentation ...... 17 Ad Hoc Lectures ...... 22 Comparative Study Oil the Main Theme of the Course ...... 34 Individual Presentation ...... (24) General Discussion ...... (8) Report Back ...... (2) Group Workshops on the Topics Selected by Participants...... 24 Discussion ...... (16) Report Back ...... (8) Discussion Meeting with Faculty of Law, Keio Gijuku University (Overseas Participants) ...... 4 Visits of Observation...... 22 Hiroshima and Kansai Trip ...... 16 Nikko Trip ...... 8 Excursion and Field Recreation...... 10 Small Group Visits ...... 2 Evaluation Session ...... 2 Individual Interview ...... 2 Reference Reading and Others ...... 16 Closing Ceremony...... 1 process tends to be made without giving due consideration to its consequences and re­ percussions on other stages of criminal justice administration. Thus this Course was designed to explore ways to gather the appropriate information leading to proper and fair dispositional decisions, to examine the necessity and justifiable scope of discretionary power exercised by respective authorities, to identify the characteristics and structures of the decisions, and to explore means of making the decision-making process more rational and effective, especially through the development and improvement of statistics and scientific research. Twenty.four participants representing fifteen countries, i.e .• Bangladesh, Brazil, Hong Kong, India, Indonesia, the Republic of Korea, Malaysia, Nepal, the Philippines, Singa. pore, Sri Lanka, Sudan, Tanzania, Thailand and Japan (ten participants) attended the Course. A list of the participants is reproduced in Appendix III·I. An outline of the course programme is shown in Table 2. As in other courses, an emphasis was placed upon participant·centred activities such as Comparative Study, Group Workshops, and other programmes in which the partici­ pants were required to take part in collective discussions actively and constructively utilizing their knowledge and experience to the utmost extent. Comparative study sessions were organized to discuss topics related to the main theme. In the individual presentation sessions each participant presented his or her country paper. In the general discussion sessions which followed the individual presenta· tions, the participants elected a chairman and a rapporteur from among themselves for each session and discussed important issues raised during the individual presentations with

13 ANNUAL REPORT FOR 1982

the attendance of the visiting experts and the staff of UNAFEI as advisors. The following are summaries of the discussions.

(a) Decision Making at the Initiation of the Penal Process and Prosecution It was found that, in many countries in the region which follow the common law system, a police officer is empowered to arrest a person for relatively serious offences without a warrant of arrest. In this instance, the police officer may exercise discretion as to whether the offence can be classified as an offence arrestable without warrant and whether to exercise the power of arrest or not. However in such countries as the Republic of Korea and Japan, it is the principle that a police officer or a public prosecutor may arrest a person only with a warrant of arrest issued by a judge. It was further presented that in the Republic of Korea and Japan the majority of criminal cases are investigated and prosecuted without the arrest of suspected persons. In this case the most important point of discretion is whether to take a suspected person into custody or not. In former instance it follows that the legality and propriety of the arrest is to be examined by a magistrate or a judge within a certain period of time after arrest. While in the latter instance, they are to be examined by a judge before arrest. The institution of prosecution is another stage where the police or the public pros­ ecutor may exercise their discretion. It was revealed that the evidentiary standard for prosecution differs from country to country, resulting in a wide range of conviction rates among the participating countries. In addition, whereas in most of the countries the institution of prosecution is mandatory if there is enough evidence to warrant conviction, in such countries as the Republic of Korea, Singapore and Japan, the public pr0secutor may exercise a discretion not to prosecute a case even when there is sufficient evidence to prove guilt. This discretion is extensively exercised in these countries. In this regard it was pointed out that certain check systems should be provided in order to assure the rational exercise of discretionary prosecution. Regarding this point, the prosecution inquest committee and the quasi-prosecution procedure in the Japanese system were introduced. It was also presented that plea-bargaining between the prosecution and the defence has long been in practice in Singapore.

(b) Sentencing It was disclosed by most of the participants that there was a certain degree of dis­ parity in sentences in their respective countries but the disparity was not so great as to cause serious anxiety. In tllis connection, it was found that in some countries like Bangladesh, India, Singapore and Sri Lanka, the Criminal Procedure Code clearly lays down the circumstances under which different sentences should be imposed, and that in the Philippines the degree of disparity in sentences imposed by courts was greatly reduced by well-defined procedural and penal laws regarding factors which should be taken into consideration by judges in deciding sentences. The courts should consider both mitigating and aggravating circumstances, such as the nature of the offence, age and situation of the offender, the circumstances under which the offence was committed, the character of the offender and the previous record of conviction, if any. In this regard it was un­ animously agreed that courts should be informed of necessary information as much as possible in order to decide an appropriate sentence. Many participants explained the pre-sentence investigation system in their respective countries in tllis connection. Among them, the systems to collect necessary information for sentencing in Hong Kong, Singapore and Sri Lanka were explained in detail.

14 MAIN ACTIVITIES AND EVENTS

However, on the question of whether guidelines should be laid down for the judges to follow in order to avoid a disparity in sentellcing, some participants expressed the opinion that guidelines might amount to an infringement of the concept of independence of the judiciary, that it might curb the rational discretion of judges, and that if guidelines were too strong the courts would not be able to impose appropriate sentences. It was generally agreed that if the law prescribes different punishment for each offence according to its gravity as in some countries like Bangladesh, India, the Philip­ pines, Singapore, Sri Lanka and Sudan, disparity in sentencing would be greatly reduced. At the same time, however, it appeared that other countries like the Republic of Korea and Japan developed their own methods of dealing with disparity by training judges, recommendations of the sentences by public prosecutors, and collegiate courts consider­ ing the sentences, followed by appellate review of sentences.

(c) Coordination among Criminal Justice Agencies The key components of the criminal justice system-the police, the prosecution, the judiciary, correctional institutions and community-based social agencies-have varying degrees of responsibility for removing causes of crimes, providing speedy and fair trials as well as post-sentence treatment for the offender to be integrated into society. In order to secure better understanding, all the participants agreed that it is necessary to establish formal or informal organizations among these agencies. Successful models were intro­ duced by many participants. For example, in Bangladesh, regular monthly police­ magistracy meetings are held with the magistrates and police officers of the district which are attended by public prosecutors, superintendents of district prisons, police officers responsible for prosecution of criminal cases in the courts of first instance, district adjutants of village development parties and ansars; in India, quarterly meetings are convened by the district and sessions judges in some states to sort out administrative and routine problems of the police, magistracy and the public prosecutor at the district level; in Indonesia, periodic meetings are held between the Chief Justice and Prosecutor General on matters concerning the judiciary and prosecution, and meetings between the Chief Justice, Prosecutor General and head of police are also held regularly for the smooth operation of the criminal justice process; in the Philippines, the Interdisciplinary Com­ mittees on Crime Prevention serves this role, and the Council for the Welfare of Children is an inter-ministry body formulating the guidelines and policies in accordance with the resolution adopted at the Sixth UN Congress on the Prevention of Crime and the Treatment of Offenders; in Singapore, the Singapore Aftercare Association (SAC A) has been established to assist discharged prisoners. The members of the association included officials from the Ministry of Social Affairs (Probation and Aftercare), police pros­ ecutors, magistrates, lawyers, deputy public prosecutors, businessmen and university lecturers. The Judicial, Legal Officers Association in Singapore is formed by the deputy public prosecutors and the district judges and magistrates to promote their close co­ ordination; in Thailand, seminars are held annually for police officers, public prosecutors, judges and correctional officers for better coordination and understanding of the work of the criminal justice agencies; in Japan, the meetings between district public prosecutors, district judges and practicing lawyers have been held occasionally in order to make the first instance trial morC effective and speedy. Annual meetings between district public prosecutors and district judges are held in connection with the issuance of warrants, detention and bail of suspects. Judges, correctional officers and probation officers meet periodically to bring up their problems and to seek appropriate solutions. Case study

15 ANNUAL REPORT FOR 1982 seminars are held among public prosecutors, juvenile court judges, probation officers and juvenile school officers to have a better understanding and to gain better coordination among them.

(d) Statistics and Research in View of Rational Discretion In almost all countries of the region, statistics are collected at the national and provincial levels. In some countries they are published and yet in others they are for internal use only. There is ambiguity in the present statistics which makes international comparison difficult. It was observed by the participants that information relevant to one subsystem is usually devoid of information concerning the actions of others. Thus, there is no nexus or meaningful relationship among them. This indicates an imperative need for the cen­ tralization and coordination of statistics which can be done by limiting the volume of statistical data to some agreed index crimes in the interest of validity, time and analytical presentation to ensure uniformity and thus comparability. In most countries of the region except India, Japan and a few other countries, re­ search in the area of criminal justice system is of comparatively recent origin and hence it is still developing. Since for most countries of the participants, this area of re:~earch has remained terra incognita, sincere efforts are needed to develop research and statistics with the help of developed countries and the United Nations. UNAFEI is in a unique position to provide some assistance in the area of international cooperation for Statistics and Research.

In group workshop sessions the participants discussed issues and problems which participants face in their daily work and are in need of urgent solutions. The participants were divided into four groups according to the similarity of topics they selected. Each group elected its chairman and rapporteur and held discussions. The results of each workshop were subsequently reported at a plenary session by the rapporteurs and further discussion was made by all the participants. The general themes and contents of discus­ sion are summarized as follows:

Group I - Administration of Criminal Justice The group disucssed a wide range of issues and problems in the administration of criminal justice, such as major factors attributable to the increase of crime and effective preventive measures for crime, discretionary power of the police, delay in criminal trials and overcrowding in prisons, the ways and means to increase the efficiency and effec­ tiveness of criminal justice administration, and recruitment and training of officials in criminal justice agencies.

Group II - Investigation and Prosecution The group mainly discussed the scope of the public prosecutor's involvement in criminal investigations in such countries as Indonesia, Nepal, the Philippines and Japan, and the extent of discretionary prosecution which included non-prosecution of a case even when there is sufficient evidence to prove guilt in such countries as Singapore and Japan as well as plea-bargaining whcih is practiced in Singapore.

Group III - Trial The discussion of the group was focused mainly on training of judicial officers,

16 MAIN ACTIVITIES AND EVENTS problems in sentencing capital punisimlent, factors to be considered for sentencing, dis­ cretionary powers in granting provisional release, and treatment of traffic offenders and tax evaders.

Group IV - Treatment and Rehabilitation The group discussed ways and means to improve community-based corrections, es­ pecially of probation, parole and other aftercare services. The group also considered some problems relating to correctional treatment of stimulant drug abusers and addicts.

UNAFEI invited two distinguished visiting experts: Mr. Leslie T. Wilkins, Research Professor Emeritus, State University of New York, U.S.A., and Dr. Denis Szabo, Director of International Centre for Comparative Criminology, University of Montreal, Canada. Eleven ad hoc lecturers, viz., Mr. Hiroshi Maeda, Director-General, Criminal Affairs Bureau, Ministry of Justice; Mr. Sh6hei Kawakatsu, Deputy Director, United Nations Statistical Institute for Asia and the Pacific; Mr. 1.J. "Cy" Shain, Research Director, Judicial Council of California; Mr. Miguel Urrutia, Vice-Rector, Development Studies Division, the United Nations Unviersity; Mr. K6ya Matsuo, Professor, Faculty of Law, Tokyo University; Mr. Terumasa Ide, Director of the First Research Division, Research and Training Institute, Minstry of Justice; Mr. Atsushi Nagashima, Professor, Faculty of Law, T6y6 University (Former Director ofUNAFEI); Mr. Y6ichiro Yamakawa, Attorney at Law; Mr. Motoo Ono, Director-General, Criminal Affairs Bureau, General Secretariat, Supreme Court; Mr. Yoshinori Shibata, Deputy Superintendent-General, Tokyo Metro­ politan Police Department; and Mr. Tokio Matsumoto, Judge, Tokyo District Court, were also invited. They delivered lectures on various important topics related to the main theme of the Course. The Director, Deputy Director and other faculty members of UNAFEI also gave lectures on relevant topics. A list of these lecturers and their topics is reproduced in Appendix III-2. A list of reference materials distributed to the participants is reproduced in Appendix III-3. The participants visited criminal justice or closely related agencies, institutions and other places including the following in order to observe their operation and to discuss practical problems with the officials present: the Supreme Court, the Ministry of Justice, KOfu Prison, Tochigi Prison, Tokyo District Court, Tokyo District Public Prosecutors' Office, Fuchu Prison, Hiroshima High Public Prosecutors' Office, Kyoto Probation Office, the Maritime Safety Agency and the Metropolitan Police Department. The participants also visited agencies and institutions including the following in small groups: Tokyo Family Court, Hachi6ji Medical Prison, Keiwaen (Halfway House), the National Police Agency and Kei6 Gijuku University. During the Course, it was made clear that disposition by any agency of the criminal justice system inevitably involves discretion to some extent regardless of whether it is given explicitly by law or not, that safeguards should be developed against the abuse of discretionary power, that gUidelines or standards in any form are useful in securing the rational exercise of discretionary powers, but that they should be carefully formulated so as not to spoil the inherent justification for existence of discretionary powers. The participants made every efforts to explore ways and means to secure the rational exercise of discretionary powers with the assitance of visiting experts, ad hoc lecturers and the staff of UNAFEI.

17 ANNUAL REPORT FOR 1982

3. 61st International Training Course (7 September-27 November) - Improvement of Correctional Programmes for More Effective Rehabilitation of Offenders-

There has been, in some parts of the world, a growing skepticism regarding the effectiveness of the rehabilitative approach to crime. It seems, however, to be a general consensus in Asian and the Pacific region that the fundamental objective of corrections is still the rehabilitation of offenders and that corrections, whether institutional or com­ munity-based, is expected to contribute to the reduction and control of crime primarily by way of facilitating the resocialization of offenders. Although correctional institutions are trusted to play an essential role in the treatment of offenders, their current per­ formance is not necessarily satisfactory, especially in terms of rehabilitation of offenders, for a variety of reasons. In order for correctional institutions to help offenders redirect their attitude concerning criminality and to assist them in reintegrating into society, correctional institutions should develop more effective and imaginative treatment pro­ grammes, including programmes to strengthen the offenders' ties with the community so as to promote their resocialization. Thus, this Course was designed to review and assess the current correctional system and programme, and to identify and examine ways and means of developing more effective treatment programmes for the rehabilitation of offenders from the intake of convicted offenders to the complete release into society. Particular reference to the United Nations Standard Minimum Rules for the Treatment of Prisoners was made throughout this Course since they are the only comprehensive rules of universal application in this field and moreover, the adequate administration of institutions and humane treatment of offenders as prescribed in the Rules seem to be an indispensable prerequisite for effective rehabilitative programmes. A total of twenty-nine participants representing eighteen countries, i.e., Bangladesh, Chile, Fiji, Hong Kong (two participants), India, Indonesia, Iraq, the Republic of Korea,

Table 3: Outline of the Programme (61st Course) Total: 240 Hours (12 weeks)

I-lours Orientation for the Course (Staff) ...... 1 Self-Introduction (Participants and Staff) ...... 2 Introduction to the Japanese Criminal Justice (Staff) ...... 4 Experts' Presentation ...... 18 Faculty's Presentation .. , ...... 13 Ad Hoc Lectures ...... 28 Comparative Study on the Main Theme of the Course ...... 46 General Discussion ...... " (36) Report Back ...... (10) Group Workshops on the Topics Selected by Participants...... 26 Visits of Observation...... 36 Hiroshima and Kansai Trip ...... 16 Nikko Trip ...... 8 Field Recreation...... 2 Evaluation Session ...... 2 Individual Interview ...... 2 Reference Reading and Others ...... 3S Closing Cereluony ...... 1

18 MAIN ACTIVITIES AND EVENTS

Malaysia, Nepal, Pakistan, Papua New Guinea, Peru, the Philippines, Singapore (two participants), Sri Lanka, Thailand and Japan (ten participants) attended the Course. A list of the participants is reproduced in Appendix IV-I. An outline of the course programme is shown in Table 3. The participants made active and constructive discussions on matters related to the main theme during the comparative study sessions and group workshop sessions. In this Course, unlike the previous courses, the comparative study sessions were conducted through general discussions without prior independent individual presentation sessions. The latter were dispensed with because the main theme needed more general discussion sessions than usual. The participants elected a chairman and a rapporteur from among themselves for each general discussion session which the visiting experts, the staff of UNAFEI and sometimes a few ad hoc lecturers attended as advisors. The following are some parts of summaries of the discussions.

(a) Current Correctional System and General Trends in Population in Corrections The correctional systems in most of the developing countries have problems of over­ crowding, insufficient finance and shortage of well-trained staff. It should be noted that some of the failures in correctional services are mainly attributable to a lack of interest and enthusiasm shown by some of the heads of the correctional services in obtaining necessary financial support and understanding. If correctional services are to make con­ tributions to society by rehabilitating the offender, they must have adequate funds and trained personnel plus facilities which provide reasonable living conditions for the inmates in their custody along with sufficient work and rehabilitative treatment programmes.

(b) Accommodation It was the consensus of the participants that there are two major hurdles blocking improvement of accommodation, i.e .. overcrowding and financial constraints. Measures discussed for the solution of overcrowding are: (1) development of alternatives to im­ prisonment; (2) shorter sentences of imprisonment as well as wider use of sentences of fines; (3) earlier release from prison with remission or parole; (4) speedy investigation and trials; (5) granting of liberal bail; (6) development of open institutions. A meaningful, close liaison between prison, police and judiciary, providing a realistic appraisal of con­ ditions prevailing in each agency, can be effective in promoting a co-ordinated effort to relieve overcrowding. Regarding financial difficulties, the heads of correctional services should forcefully project their point of view and convince those concerned and responsi­ ble of the importance of correctional programmes.

(c) Clothing, Bedding and Food Generally, it was reported that the Standard Minimum Rules for the Treatment of Prisoners on the matters of clothing, bedding, and food are being adhered to in all coun­ tries of the reglOn, with consideration being given to the general living standards in each country. Thus, the lype of clothing, bedding, and food provided will naturally differ depending upon each country's climate, dietary customs, religions, and so forth. Some countries provide different types of food depending upon the nationality or religion of individual prisoners. In addition, in some countries different categories of prisoners receive different treatment, with the higher grade prisoners receiving a higher calorie diet, being permitted to wear their Own clothing, or being provided with better bedding.

19 ANNUAL REPORT FOR 1982

(d) Medical Services It was found that in most countries at least one qualified medical officer is assigned in every prison, with a medically traind assistant staff; in a few countries which have no full-time doctor in their prisons, an outside doctor visits prisons regularly or as the need arises; in serious cases prisoners are referred immediately to outside hospitals. In most countries the prison authOlity has difficulty in securing the necessary number of medical officers and other medical staff members to work in prisons. Some measures including scholarships for those aspiring to medical careers, in-service training opportunities, cooperation with outside hospitals, and others were discussed in this regard.

(e) Discipline and Punishment; Instruments of Restraint In all countries, prison offences and punishments are contained in laws or regulations. A procedure for determining whether an offence has been committed is established, with the Director of the prison usually empowered to decide on the punishment. The types of offences are generally similar in each country, consisting of acts against prison discipline, although some countries prohibit cigarette smoking while others do not. The types of punishments include the loss of various privileges within the prison, the loss of remission, the loss of earnings for prison work, confinement. Some countries also use a reduction in diet as a punishment, while other countries have abolished this practice. A few countries use corporal punishment for serious offences. Generally, instruments of restraint include arresting rope, handcuffs, strait jacket, and in some countries, gag. It was reported that these instruments of restraint are not used to punish, but to prevent escape during transport and to prevent violence or escape when necessary.

(f) Information to and Complaints by Prisoners All the countries except for one provide written information to the prisoner on his or her admission regarding the matters which are stipulated by the Standard Minimum Rules. In some countries the information is written in several local languages and in English. Prisoners are given a 1-2 week introduction course on admission in some coun­ tries. Correctional officers, welfare officers and other appropriate persons help prisoners understand the information. The information is conveyed orally if a prisoner is illiterate. In almost all countries prisoners are allowed to make requests or complaints to the prison authorities, inspecting authorities and judicial authorities privately. These requests and complaints are not censored when made in writing. The discussion thus made it clear that almost all the countries represented adhered to the Rules on the subject, though specific methods varied to some degree.

(g) Contact with the Outside World It was acknowledged by all the participants that visits of family members, relatives and friends, and written communication with them should be encouraged; regarding those prisoners with no family ties, arrangement should be made with volunteer agencies to pay regular visits to enable them to feel a part of the society; access to radio, news­ paper and other periodicals plays an important part so that prisoners are kept informed of the happenings of the outside world. It was evident that the Standard Minimum Rules 37 to 39 for all prisoners and Rules 90 to 93 specially for unconvicted prisoners are either fully or partly complid with by all participating countries.

(h) Separation of Categories; Classification and Individualization

20 MAIN ACTIVITIES AND EVENTS

All of the participants agreed that separation and classification are the most impor­ tant requirements for effective prison administration. The discussion disclosed that in almost all of the countries separation of different categories of prisoners is fully imple­ mented. Although some countries have difficulties in establishing separate institutions for women, juvenile, and sick prisoners, they observe the Rules by lodging them in.different sections or dormitories apart from the other categories of prisoners. It is also evident that almost all of the countries apply some kind of classification system. In many countries there exists a classification committee or board which classifies and arranges individual­ ized programmes and suitable training for the respective categories. It was also pointed out that in some countries overcrowding, and the lack or shortage of facilities and well-trained staff sometimes hampers full implementation of the goals of adequate classifcation of prisoners and individualized treatment.

(i) Prison Work In almost all the countries, virtually all the prisoners are engaged in work either as a requirement of their sentence or by choice. In developing countries, prison work usually involves agriculture and handicraft industries. Some countries report that they have an insufficient supply of industrial and productive work, while a few cannot provide enough work of any kind. Among the developed countries, two use a contract system with outside industries, while in the rest prison industries are managed solely by government. Generally, it seems that the goal of cultivating good work habits at non-skilled or semi­ skilled jobs predominates over the goal of training for skilled employment upon release.

G) Education and Vocational Training Most of the participating countries have well thought-out educational programmes for their prisons. Although every country has realized that some basic level of education is a sine qua /1on for the rehabilitation and re-socialization of offenders, prisons in many countries have constraints like inadequate school buildings, well-trained staff and equip­ ment. Vocational training is being given due importance in almost all the participating countries. The trades pursued are almost the same with a little variation. Special emphasis is being given on the vocational training of adolescent offenders and young adult of­ fenders. Again, inadequate finances, untrained staff and few workshops and farms appear to be the hurdles in the promotion of a good system of vocational training.

(k) Exercise and Sport; Recreational and Cultural Activities: Religious Activities Most countrie5 provide all prisoners not employed outdoors with at least one hour's physical exercise daily outside, weather permitting, or indoors. Most countries lack a gymnasium in their prisons, however, so that this indoor exercise must be done in the cell or dormitory. Many countries also provide films, live performances, and other cultural or recreational activities from time to time. All countries in the region reported that prisoners of different religions are all allowed to practice their religion. Some countries have full-time chaplains and religious teachers, some have full and part-time, and a few have only part-time. In some countries religious services are provided by volunteers from outside the prison.

(1) Social Casework, Counselling and Psychotherapy Social casework is performed by welfare officers of social welfare agencies and proba-

21 ANNUAL REPORT FOR 1982

tion officers in many countries. Some countries have prison officers such as aftercare officers or prison welfare officers whl) are specialists in the field of social casework. Com­ mon services rendered to the prisoner are services to maintain and improve a better relationship between the prisoner and his family, to secure appropriate employment for the prisoner after his release and to provide financial support to the family of the pris­ oners. Although all of the participants well recognize the importance and effectiveness of counselling and psychotherapy and in many countries some kind of counselling is offered to the prisoner, it was revealed as a result of the discussion that counselling and psy­ chotherapy have not yet obtained official recognition in many countries to the extent of including them in a regular, standard treatment programme. This is due to a lack or shortage of professional specialists in this field. Therefore, the recruitment of more specialists and well-trained staff is of urgent necessity to fully implement this programme.

(m) Extramural Treatment There appeared to be a wide variety of extramural treatment programmes and in­ stitutions in the countries of the region, including the following types; open camps or centres; furlough or home leave, work release or study release. Parole or release on licence is also a type of extramural treatment which is provided by some countries. Regarding open or semi-open prisons and work-release programmes, some countries use this type of programme extensively, while others do not. This may be due to a difference in correctional policy, especially concerning the degree of security which is felt to be neces­ sary, or may be due in some cases to a lack of adequate facilities or suitable employment.

(n) Parole, Remission and Aftercare Many participating countries do not have a system of parole. However, in some of these countries, there exists a system of release under supervision for certain categories of prisoners. Through the discussion, the following points were noted: The period of post-release supervision for parolees/supervisees in most of the participating countries is relatively short; In some countries, supervision casework provided to parolees/super­ visees is minimal and there is a lack of active involvement by the supervisor; In most of the countries, prisoners are required to undergo a pre-release programme which prepares them for their release and effective arrangements such as employment, accommodation, etc. are prepared by the authories prior to the prisoner's discharge from the institutions; Assistance and support are available to discharged prisoners in most of the countries whenever they are required.

(0) Correctional Personnel It was confirmed that every country represented in the Course believes in the re­ habilitation of prisoners and is making a sincere effort to rehabilitate prisoners during their stay in the prison. It was found, however, that special services such as psychiatric, psychological, educational and vocational services are not adequately provided in prisons in many countries largely due to the shortage of specialists as well as financial problems. Acknowledging this unfornunate reality, it was also found that in most of the countries, custodial staff have been playing an indispensable role for the rehabilitation of prisoners by giving appropriate guidance through their normal routine work. Many participants emphasized the necessity and effectiveness of cooperation and coordination between and among custodial staff and specialists in the same prison for the rehabilitation of indiVidual prisoners.

22 MAIN ACTIVITIES AND EVENTS

(P) Cooperation, Public Participation and Research on the Effectiveness of Treatment It was realized that the government and voluntary organizations both have a vital role in the resocialization of offenders. There must be harmonious cooperation among agencies. They must always be seen as being complementary to each other and not as being in competition against one another. Sometimes, their well-intended efforts are hampered because of financial constraints. Volutnary organizations can do more in this field of "social services" only if they have the funds and manpower. It was urged that one is able to know the direction and the necessary steps to take and not be in a situation of "the blind leading the blind" if there is research and evaluation on correctional activities.

(q) The Standard Minimum Rules for the Treatment of Prisoners­ Their Implications for Asia and the Pacific, and Proposals for Their Modification from Asia and the Pacific After exhaustive discussion, it became evident that most of the Rules are either fully or partially implemented by all the countries represented. It is most important to have a deep look at the degree of implementation of each Rule and to improve conditions to the maximum extent possible. Some specific suggestions about the Rules were discussed. For example, it was felt that Rule 9 regarding accommodation in individual cells may be relaxed considering the nature of the institution and the type of prisoners accom­ modated, as the safeguard embodied in this Rule may not require its implementation in all situations. It was noted that the heating arrangements are not satisfactory in some countries. Also, there is no provision concerning a cooling system in the Rules. In countries like Bangladesh, India, Pakistan and Sri Lanka, where the temperature exceeds 44°C in summer months, it is difficult, if not impossible, to confine prisoners indoors. The situation is more aggravated due to overcrowding problem. It is necessary that some provision be made for a cooling system in the Rules. During the discussion of obstacles to the implementation of the Rules, it was observed that a shortage of trained medical staff hampers modern programmes in the countries represented from Asia and the Pacific region. Difficulties are experienced in employing medical officers because of poor service conditions and the lack of fringe benefits. In some countries, a lack of funds allocated to the correctional services hampers improvement of medical facilities. More efforts are needed to improve medical services in this field. Similarly, a lack of professional staff hampers the implementation of modern programmes. To overcome these and other obstacles, the participants unanimously emphasized the importance of (i) collaboration and cooperation with the other organizations in the criminal justice system; (ii) concentration on the positive, human and scientific aspects of the treatment process; (iii) publ;c relations; and (iv) public participation and utilization of social re­ sources in the treatment of prisoners. Beyond the measures and solutions mentioned above all the participants from the 18 countries represented agreed there is no service which has no problems, either big or small. The problems of different countries ought to be recognized, discussed frankly, then solved, and not be left to exist as before.

In the group workshop sessions, which were organized to give the participants op­ portunities to discuss issues and problems which participants face in their daily work and are in need of urgent solutions, the participants were divided into five groups according to the similarity of the topics they selected. Each group elected its chairman and rap­ porteur, and the results of each workshop were subsequently reported at a plenary session by the rapporteurs and further discussion was made by all the participants. The contents

23 ANNUAL REPORT FOR 1982 of discussion are summarized as follows:

Group I The group discussed several improtant issues related to juvenile delinquency and the juvenile justice system, which included, inter alia, the current situation and mode of juvenile delinquency in the countries represented, the ways and means to improve the rehabilitative treatment of juveniles and the effective administration of juvenile justice.

Group II The group discu~sed some special aspects of prison administration and the treatment of prisoners such as,lrison overcrowding and general trends of prison population, prog­ ressive stage systems und prisoners' privileges, public participation in the treatment of prisoners, recruitment and training of correctional personnel, and other organizational matters of prison administration.

Group III The group discussed, among other things, managing high-risk and long-term prisoners in a maximum security institution, correctional process in Indonesia, sexual perversion in childhood and adolescence, treatment in the reformative training centre, treatment of mentally disturbed offenders, and some issues relating to stimulant drug offenders in Japan.

Group IV This group discussed a wide range of issues and problems in the treatment of of­ fenders, such as major factors as vocational training, prison work, education programmes, relegious programmes and the staff training problem in Hong Kong, the Republic of Korea, Singapore and Thailand, and gangster groups in Japan.

Group V The discussion of the group was focused mainly on the practical use of open prisons, improvement of correctional programmes, probation services, classification of prisoners, utilization of rehabilitation aid hostels (half-way houses), and the system of volunteer probation officers in the community-based treatment of offenders.

UNAFEI invited two distingUished visiting experts, viz., Mr. Thomas G.P. Garner, Commissioner of Correctional Services, Correctional Services Department Headquarters, Hong Kong, and Dr. Kurt Neudek United Nations Social Affairs Officer, Crime Preven­ tion and Criminal Justice Branch, Centre for Social Development and Humanitarian Affairs, Department of International Economic and Social Affairs, Vienna, Austria. UNAFEI also invited twelve ad hoc lecturers, viz., Mr. Kuniji Shibahara,Professor, Faculty of Law, Tokyo University; Mr. Yoshio Suzuki, Director-General, Corrections Bureau, Ministry of Justice; Mr. Jorge A. Montero, Director, Institute of Latin America for the Prevention of Crime and the Treatment of Offenders, Costa Rica; M1'. Akira Tanigawa, Director-General, Rehabilitation Bureau, Ministry of Justice; Mr. Keichi Miyazawa, Pro­ fessor, Faculty of Law, Keio Gijuku University; Mr. Hisashi Hasegawa, Warden, Kawagoe Juvenile Prison; Mr. Saburo Tsuchimochi, Director, Education Division, Corrections Bureau, Ministry of Justice; Mr. Oshima, Head, the Second Division, Kanto Regional Parole Board; Mr. Kiitsu Ozawa, Senior Researcher, Criminological Research Department,

24 MAIN ACTIVITIES AND EVENTS

Research and Training Institute, Ministry of Justice; Mr. Tsuyoshi Hori, Director, Security Division, Corrections Bureau, Ministry of Justice; Mr. Amos E. Reed, Secretary, Depart­ ment of Corrections, State of Washington, U.S.A.; and Mr. Ed Buehler, Director, Bureau of Community Corrections, Division of Corrections, Department of Health and Social Services, State of Wisconsion, U.S.A. They delivered a series of lectures on various important topics related to the main theme of the Course. The Director, Deputy Director and other members of UNAFEI's staff also delivered lectures on the relevant topics. A list of these lecturers and their topics is reproduced in Appendix IV-2. A list of reference materials distributed to the participants is reproduced in Appendix IV-3. As in other courses, the participants visited various agencies, institutions and other places to observe their operation and to discuss practical problems with the officials present. They included the Supreme Court, the Ministry of Justice, Tochigi Prison, Kofu Prison, the Training Institute for Correctional Personnel, the Metropolitan Police Department, Keiwaen (Halfway House), Kawagoe Juvenile Prison, Fuchu Prison, Hiro­ shima Prison, Nara Juvenile Prison, Kanto Regional Parole Board, Tokyo Probation Office, Hachioji Medical Prison, Tama Juvenile Training School and Keio Gijuku Uni­ versity. Various problems regarding correctional programmes in the respective countries were highlighted and discussed by the participants under the guidance of the visiting experts, ad hoc lecturers and the staff of UNAFEI with particular reference to the Standard Minimum Rules for the Treatment of Prisoners. Through this Course all the participants became more aware of the significance of the Rules as well as of the issues involved in them. It is noteworthy that the participants felt it necessary to formulate an Asian version of the Rules as one of the effective ways to make the Rules more practical and applicable to the countries in the region which have more or less different historical, social, cultural and economic backgrounds from those in other regions.

Events and Activities Related to the Twentieth Anniversary

1. Completion of the New UNAFEI Building The former building of UNAFEI, which had been formally inaugurated in 1962, was demolished in December 1980 and the new building was completed on the same site in January 1982. The reconstruction was performed as one of the commemorative projects of the twentieth anniversary. The new building with excellent facilities enlarged the accommodation capacity and enabled UNAFEI to provide a more profitable and com­ fortable reception for the participants and other persons who come to the Institute. In addition, utilizing these excellent facilities, UNAFEI is designed to be one of the most prominent sites for international conferences. Approximately US$4,500,000 were spent for the reconstruction. The main facilities of the new building include the following: the fifty-six seat conference hall (234 square meters) equipped with simultaneous interpretation in three languages and audio-visual facilities; the library (168 square meters); the auditorium (J 75 square meters); four seminar rooms and a meeting room (150 square meters in total); three visiting lecturer's offices (73 square meters in total); residential facilities (1,294 square meters in total)

25 ANNUAL REPORT FOR 1982 which consist of thirty-five single rooms and two twin rooms, each with bath, toilet and telephone, a lounge, recreation rooms, laundry rooms and others; the dining room and lounge (179 square meters) and various administrative offices (452 square meters in total). An inauguration ceremony was held in the auditorium on 8 April 1982 with about 200 people attending including Justice Minister Michita Sakata, Public Prosecutor-General Yoshiho Yasuhara and the delegates of fourteen countries to the Third Meeting of Asia and the Pacific Conference of Correctional Administrators which was in session at that time. More than 30 congratulatory messages from UNAFEI alumni members and the representatives of criminal justice agencies both in overseas countries and Japan were announced to the attendants and added another hue to the ceremony. UNAFEI wishes to express its sincere gratitude to the Government of Japan for its generous support in this difficult economic situation.

2. The Meeting of the Ad Hoc Advisory Committee of Experts on UNAFEJ Work Programme and Directions The Meeting of the Ad Hoc Advisory Committee of Experts on UNAFEI Work Pro­ gramme and Directions was held at the conference hall of the new building on 10 April 1982 after a ten-year lapse, taking advantage of the opportunity when such experts gathered to attend the Third Meeting of the Asia and the Pacific Conference of Correc­ tional Administrators held at the conference hall from 5 April to 9 April 1982. As the list of the participants which is reproduced in Appendix V shows, the Meeting had a high level of attendance. It was presided over by Mr. Atsushi Nagashima, Professor, T6y6 University, Japan, former Director of UNAFEI, and the report of the Meeting, which was drafted by Mr. William Clifford, Director, Australian Institute of Criminology, Australia, former Senior Advisor of UNAFEI, was adopted by the members of the Meeting. It was gratifying that the Meeting highly appreciated UNAFEI's contribution to the region during the twenty years of its existence. The Meeting has also made a number of suggestions such as that the training programmes at the Institute be strengthened in more diversified forms, that the training programmes at the nationla level or the sub-regional level with the assistance of UNAFEI be promoted in various forms such as joint seminars, that the research activities of the Institute be also strengthened in a more systematic way, and that the Institute strengthen its tie with the UNAFEI Alumni so as to be able to understand the current situation of crime and criminal justice in the countries of the region, and to be able to provide them with various forms of assistance in their effort to improve the crin1inal justice administration in their own countries. With the positive and constructive opinions and suggestions expressed by each par­ ticipant, UNAFEI is at a better position to improve its training programmes, research activities and other various future activities. UNAFEI wishes to express its sincere grati­ tude to all the participants for their enthusiastic deliberations during the meeting, and it also wishes for them and other persons concerned to have continued interest in and to give further advice on the work of UNAFEI. The report of the Meeting is reproduced in Appendix VI.

3. Establishment of the Asia Crime Prevention Foundation The Asia Crime Prevention Foundation is a non-profit entity supported by private companies and citizens. It was established on 17 February 1982 and Mr. Atsushi Naga-

26 MAIN ACTIVITIES AND EVENTS shima, Professor, T6y6 University, former Director of UNA FEI, took office as Chairman of the Foundation. According to the Articles of Association of the Foundation, Consider­ ing the importance of the unity and cooperation among those who are engaged in the criminal justice administration in the Asian region, and based upon such unity and coo­ peration, the Foundation aims at organizing and conducting studies, research, training programmes, and other activities of a similar nature in order to contribute to the advance­ ment of effective policies for the prevention of crime and the treatment of offenders, thus ultimately in order to contribute to the maintenance of peace and stability in the region. Therefore, it is stipulated that the area of the activities of the Foundation covers: (1) to convene or sponsor to convene lecture meetings, training courses, symposia, seminars, and other types of study/training/education meetings in the field of crime prevention and the treatment of offenders, (2) to conduct or sponsor to conduct studies, research and related activities in the same field, (3) to dispatch or sponsor to dispatch researchers and experts in the same field to the countries outside of Japan, and to invite or sponsor to invite the same to Japan, (4) to offer support to those organizations and to their activities which are composed of officials engaged in the criminal justice ad­ ministration in the Asian region, (5) to promote unity and cooperation between agencies and organizations inside and outside of Japan, and others. Since UNAFEI is the only regional training and research institute in the field of crime prevention and the treatment of offenders in this region, it is apparent that the Foundation is designed to mainly perform its function by encouraging the advancement of UNAFEI's activities, offering moral and financial support to UNAFEI and its former participants or Alumni Associations in the region, and conducting its own research and study in close collaboration with UNAFEI. As UNAFEI on some occasions has had some difficulties furnishing the best possible services to its participants, offering comprehensive follow-up assistance to its former participants, and providing adequate support to the Alumni Associations of the respective countries, a more comfortable reception can be given to the participants, and more subsides and assistance can be extended to the Alumni Associations and to individuals to help them conduct research and study with the preci­ ous moral and financial assistance by the Foundation. This enables UNAFEI to make a more substantial contribution to the fight against the serious crime situation in the region. During the year 1982, the following events and activities were performed by the foundation: (1) the participants for the 60th and 61st International Training Courses were given receptions by the Foundation; (2) Dr. Denis Szabo, a visiting expert for the 60th Course, gave a public lecture under the joint auspices of the Foundation and the Japan Criminal Policy Association on the Subject of "Socio-Economic Development and Criminal Justice-Comparative Criminologlcl:l1 Approach"; (3) Professor Marving E. Wolfgang of the University of Pensylvania and Mr. John C. Freeman of the University of London, who were visiting Japan to participate in the fourth International Symposium on Victinology, gave public lectures under the auspices of the Foundation on 27 August 1982. Mr. Freeman delivered a lecture on "Custodial Provision for Offenders in England -Some Problems and Some Solutions" and Professor Wolfgang gave his lecture on "Changing Philosophy of Punishment in the U.S.A."; (4) the "Criminal Justice in Asia­ the Quest for an Integrated Approach" which will be touched upon in the next part was published with the assistance of the Foundation; and (5) the Director and another staff members were assisted by the Foundation in visiting several countries in the region (this will be referred to in the latter part).

27 ANNUAL REPORT FOR 1982

4. The Twentieth Anniversary Commemoration Volume of UNAFEI The twentieth anniversary conunemoration volume of UNAFEI was published with the title: "Criminal Justice in Asia: the Quest for an Integrated Approach" in December 1982. This is a collection of contributions by those who had a close association with UNAFEI as former directors, senior advisors, visiting experts, and participants in inter­ national traini.'1g programmes. They include: Mr. Thorsten Sellin, Emeritus Professor, University of Pennsylvania, U.S.A., Visiting Expert for the 44th International Training Course; Mr. Norval Morris, Professor of Criminal Law, Law School, University of Chicago, the first Director ofUNAFEI; Mr. V.N. Pillai, former Commissioner of Prisons, Sri Lanka, the first Senior Advisor and the second Director of UNA FEI; Mr. Minoru Shikita, Chief, Crime Prevention and Crin1inal Justice Branch, Centre for Social Development and Humanitarian Mfairs, United Nations, former Director of UNAFEI; Mr. Leslie T. Wilkins, Professor, School of Criminal Justice, State University of New York, U.s.A., the second Senior Advisor of UNAFEI; Mr. William Clifford, Director, Australian Institute of Crimi­ nology, the third Senior Advisor of UNAFEI; Mr. Gerhard O.W. Mueller, Professor, School of Criminal Justice, Rutgers, the State University of New Jersey, Visiting Expert for the 42nd International Seminar; Mr. R. Khandaker, Additional Inspector-General of Police, Bangladesh, Particip~nt for the 39th International Seminar; Mr. Juan L. Agas, Commissioner, National Police Conunission, the Philippines, Participant for the 57th International Seminar; Mr. A. Karim Nasution, Senior Researcher, Attorney-General's Office, Indonesia, Participant for the 35th International Seminar; Mr. Ramonond P. Singh, former Attorney General, Nepal, President, UNAFEI Alumni Association of Nepal; Mr. Hasan Nawaz Choudry, Joint Secretary, Law Division, Ministry of Law and Parliamentary Affairs, Pakistan, Participant for the 59th International Seminar; Mr. Noel Tittawella, former Justice, Supreme Court, Sri Lanka, President, UNAFEI Alumni As­ sociation of Sri Lanka; Mr. Hira Singh, Director, National Institute of Social Defence, India, Visiting Expert for the 59th International Training Course, Participant for the 13th International Training Course and the 45th International Seminar; Mr. T.G.P. Garner, Commissioner of Correctional Services, Hong Kong, Visiting Expert for the 32nd Inter­ national Seminar, 41st International Training Course and 61st International Training Course, Participant for the 2nd International Seminar; Mr. Sulaiman bin Haji Sani, Deputy Director-General of Prisons, Malaysia, Participant for the 51st International Seminar; Mr. Dhavee Choosup, Director-General, Department of Corrections, Ministry of Interior, Thailand, Visiting Expert for the 58th International Training Course; Mr. Akira Tanigawa, Director-General, Rehabilitation Bureau, Minis~;y of Justice, Japan, former Deputy Director of UNAFEI; Mr. K.V. Veloo, Deputy Director, Rehabilitative Services Branch for Permanent Secretary, Ministry of Social Affairs, Singapore, Participant for the 43rd International Training Course. Mr. B.J. George, Jr., Professor of Law, New York Law School, U.S.A., Visiting Ex­ pert for the 24th, 26th and 59th International Seminars and 55th International Training Course of UNAFEI, undertook the final editorship for this volume, and prepared a summary and a comprehensive index. The contents of this volume are reproduced in Appendix VII. This volume is being distributed to the visiting experts and ad hoc lecturers who came to UNAFEI during the last three years, various United Nations agencies, govern­ mental agencies, research institutes, libraries and other organizations and individuals which have a close association with UNAFEI. It is also available on request as long as copies are available.

28 MAIN ACTIVITIES AND EVENTS

UNAFEI is convinced that with the work of acknowledged experts in their respective fields of specialization, this volume adds another significant contribution to the body of literature in the field. Taking advantage of this opportunity, UNAFEI wishes to express its sincere gratitude to the authors and the editor, as well as the Centre for the Rehabilita­ tion and Welfare of Youth, the Correctional Welfare Association and the Asia Crime Prevention Foundation; the last three entities extended generous moral and financial support for this volume, without which the publication would not have been possible. In addition, another commemorative publication, which will describe the recent ac­ tivities and prospects of UNAFEI associated with a number of memorial pictures, is now under editorial preparation by UNAFEI, and will be published early in 1983 with the title: "The 20-Year History of UNA FEI-Regional Cooperation in Social Defence-".

5. The Third Meeting of the Asia and the Pacific Conference of Correctional Administrators The Third Meeting of the Asia and the Pacific Conference of Correctional Adminis­ trators was held at the conference hall of the new building during the period between 5 and 9 April 1982 under the co-auspices of the Corrections Bureau of the Ministry of Justice, Japan. Thirty-one Participants including the directors of corrections bureaus from fourteen countries in the region had discussions over four agenda items such as staff development, release under supervision, vocational training, and the classification and categorization of prisoners. As stated earlier, UNAFEI intends to be one of the centres in the region for important international conferences with the excellent facilities of its new bUilding. The Meeting was held as the first conference of this kind in celebration of the inauguration of the new building. A list of the participants in the Meeting is reproduced in Appendix VIII.

Other Activities and Events

1. Research Activities UNAFEI's research projects undertaken thus far have been characterized by a prac­ tical and comparative approach. During the year 1982, UNAFEI continued its survey on the effectiveness of socio-legal preventive and control measures in different countries based on interaction between criminal behaviour and drug abuse which has been con­ ducted in collaboration with United Nations Social Defence and Research Institute (UNSDRI) in Rome. The Criminal Justice System in the Asian Region, which had been tentatively edited by UNAFEI based upon accumulated information from the partici­ pants in its programmes, was under revision by UNAFEI, and is expected to be reissued before long. UNAFEI will continue and further expand its research activities in the years to come. In addition, UNAFEI admitted two visiting research scholars in 1982, viz., Miss Susan C. Okubo, A.B.D., Teaching Assistant, School of Criminal Justice, Rutgers, the State University of New Jersey, U.S.A., and Mr. Gary M. Cohen, LL.M., Visiting Lec­ turer in Law, University of Santa Clara Law School, California, U.S.A. Miss Okubo arrived at UNAFEI on 6 September and has been engaging herself in a survey of com­ parisons between Japanese and American criminal justice administration. Mr. Cohen arrived at UNAFEI on 17 September and has been engaging himself in the study of Asian criminal justice systems with special emphasis on the Japanese criminal justice system.

29 ANNUAL REPORT FOR 1982

2. Information Services As in other previous years, UNAFEI published Resource Material Series No. 21, which consisted of articles and reports presented in the 57th International Seminar and the 58th International Training Course, as well as its Annual Report for 1981, and Re­ source Material Series No. 22, which contains articles and reports presented in the 59th International Seminar and the 60th International Training Course. Three Newsletters (Nos. 46-48) summarized the contents and results of the 59th International Seminar, and the 60th and 61st International Training Courses. UNAFEI also endeavoured to collect statistics, books and other materials on crime conditions, and criminal and juvenile justice administration in Asian countries, and to respond to requests for information from many agencies and individuals.

3. Cooperation with Related Institutes and Alumni Associations (1) Messrs. Makazu Ikeda and T6ichi Fujiwara, Professors of UNAFEI, visited Australia from 5 to 21 January 1982 in order to strengthen further cooperation between UNAFEI and the Australian Institute of Criminology and to visit various criminal justice agencies and institutions there. They met policy makers and researchers in criminal justice including Mr. William Clifford, Director, Australian Institute of Criminology, Mr. Justice Zavier Connor, Supreme Court of Australian Capital Territory and Federal Court. (2) Director Hiroshi Ishikawa visited six countries, i.e., Hong Kong, Thailand, Malay­ sia, Singapore, Indonesia and the Philippines from 12 to 27 July 1982. He met a number of UNAFEI Alumni members as well as many distinguished persons who were related to the UNAFEI work to discuss future activities of the UNAFEI Alumni Associations and cooperation between UNAFEI and Alumni Associations in the respective countries. (3) Director Hiroshi Ishikawa and Professor Hidetsugu Kato attended two ESCAP meetings, i.e., the Committee on Social Development (third session) which was held at Bangkok, Thailand, from 16 to 22 November 1982, and the Second Ad Hoc Meeting of Agencies and Non-Governmental Organizations Concerned with Youth Development in the Region which was held at Bangkok from 23 to 26 November 1982. Director Ishikawa made a presentation at each meeting in which he emphasized the importance of imple­ menting crime prevention and treatment strategies in the process of socio-economic development. During their stay in Bangkok, they met many Alumni members and other distinguished persons and discussed future cooperation among the Government of Thai­ land, the Alumni Association and UNAFEl. (4) Director Hiroshi Ishikawa visited Singapore from 19 to 21 November 1982. He met distinguished officials and some former participants to discuss the establislunent of a UNAFEI Alumni Association of Singapore as well as various other matters.

4. UNAFEI Staff During 1982, there were some changes in the staff of UNAFEI. Among them, Mr. Minoru Shikita was appointed Chief, Crime Prevention and Criminal Justice Branch, Centre for Social Development and Humanitarian Affairs, United Nations Secretariat after two years and one month service as Director of UNAFEI. The list of the main staff of UNAFEI as of 31 December 1982 is shown in Appendix IX.

30 CONCLUSION n. Prospects for the Year 1983

In 1983 UNAFEI will continue to make every effort to organize and conduct effec­ tive and beneficial international training courses and seminars for public officials engaged in the criminal justice administration in this and other regions, which is the fundamental task of this Institute. Overseas joint seminars in which the staff of UNAFEI are dispatch­ ed to the countries in the region to conduct seminars jointly with their host Governments are regarded as one of the most effective ways to supplement the regular training courses and seminars which are held at this Institute. UNAFEI intends to continue this type of training programme in 1983 in cooperation with related Governmental authorities. Further, since most of the alumni members hold a leading position in the field of crime prevention and criminal justice administration in their respective countries, active cooper­ ation among them and among Alumni Associations in various countries is very important in the fight against the serious and complex crime situation in the region. Therefore, promoting the organization and reactivation of Alumni Associations in various countries is another direction for UNAFEI to pursue in 1983. Last, but not least, UNAFEI will continue to expand its serVlCe as a documentation centre and clearing house for the collection of data and dissemination of information on criminal justice systems and their administration in the Asian and other regions. The 62nd International Seminar will be held from 14th February to 19th March 1983, the main theme of which will be "Promotion ofInnovations for Effective, Efficient and Fair Administration of Criminal Justice". The Seminar is designed for policy-making­ level officials whose duties are closely related to the main theme. The discussion will be focused on such items as reforms and innovations in criminal procedures and practices and in selection, status and training of law enforcement officials, budgetary and other strategical aspects of innovations, etc. The Seminar will have the participation of several visiting experts including Professor Abraham S. Goldstein, Yale Law School, Connecticut, U.S.A., Professor Oemar Seno Aji, University of Indonesia, Republic of Indonesia, Tan Sri Mohd. Haniff Omar, Inspector-General, Royal Malaysia Police, Malaysia, Dr. Walter Rolland, Ministerial Director, Federal Ministry of Justice, the German Federal Republic, and Professor B.J. George, Jr., New York Law School, U.S.A. The 63rd International Training Course will be held from 19 April to 9 July 1983 with the main theme: "Community-Based Corrections". This Course is for relatively senior officials whose duties are closely related to the main theme. The Course will pro­ vide an opportunity to discuss all aspects of community-based corrections, including pro­ bati')l1, parole, halfway houses and other residential facilities in the community, and other types of community-based corrections such as community service orders, etc. Visiting experts for the Course will be Mr. Kenneth F. Schoen, Director, Justice Pro­ gramme, the Edna McConnell Clark Foundation, New York, U.S.A., and Mr. K.Y. Yeloo, Director (Development), Ministry of Social Affairs, Singapore.

III. Conclusion

It was in September 1962 that the first International Training Course was held at the then newly constructed building in Fuehu, Tokyo, with the Course theme: "Prevention and the Treatment of Juvenile Delinquency: Open Correctional Institutions". Since that

31 ANNUAL REPORT FOR 1982 time, UNAFEI has conducted sixty-one international training courses and seminars, and three short-term special training courses. The number of officials who have participated in these courses and seminars totalled 1,359 as of the end of 1982. A list of the distribu­ tion of these participants by professional background and country is reproduced in Ap­ pendix X. UNAFEI has also organized and conducted several joint seminars outside of Japan together with host countries of the region including three which were held in 1981. Further, it has undertaken a number of research projects. To cultivate personnel of ability in the field of crime prevention and the treatment of offenders is truly a matter of difficulty as well as great importance especially in the region where most countries have been experiencing various types of change including rapid socio-economic development. It is, however, gratifying that UNAFEI has been deemed to have contributed to the improvement of crime prevention and treatment strategy and thus to the sound socio-economic development in the countries in Asia and the Pacific region. UNAFEI owes the successful performance of its mission to the constant assistance and support extended to it throughout its existance for twenty years by the United Nations, the Governments of the region including the Government of Japan, the Japan International Cooperation Agency, visiting experts, ad hoc lecturers and other agencies, organizations and individuals related to the work of UNAFEI. Sincere gratitude should also be extended to the former Directors and other members of the staff of UNAFEI for their successful endeavour which helped lay the cornerstone of its course programmes and activities in the early sensitive years after its birth. The year 1982 added new cornerstones to UNAFEI for its further development: The new building equipped with excellent facilities has not only enlarged its capacity but enabled it to perform its mission in a more effective way; It has been afforded with future directions for its activities by the Meeting of the Ad Hoc Advisory Committee of Experts on UNAFEI Work Programme and Directions; It has been enabled to make its pro­ grammes and activities more fruitful with the support of the Asia Crime Prevention Foundation. Given these precious assets, UNAFEI wishes to reiterate its determination to make further efforts in order to discharge its responsibility more successfully. This report is respectfully submitted to the United Nations and the Government of Japan in compliance with Section 1 (a) of the letter exchanged between the United Nations and the Government of Japan in March 1970.

31 January 1983

Hiroshi Ishikawa Director UNAFEI

32 APPENDIX

Appendix I

Distribution of Participants by Countries (59th-6lst)

Countries 59th 60th 61st Total Course Course Course

Bangladesh 1 2 Brazil 1 2 Chile 1 Costa Rica 1 Fiji 1 Ghana 1 Hong Kong 1 2 3 India 1 1 1 3 Indonesia 1 1 1 3 Iraq 1 1 Jamaica 1 Korea 3 Malaysia 3 Morocco 1 Nepal 1 3 Pakistan 1 2 Papua New Guinea 1 1 Peru 1 1 Philippines 2 1 1 4 Singapore 1 1 2 4 Sri Lanka 1 1 1 3 Sudan 1 1 Tanzania 1 1 Thailand I 1 1 3 Tonga 1 1 United Arab Emirates 1 I Japan 8 10 10 28 Total 26 24 29 79

Appendix 11-1

List of Participants in the 59th International Seminar

Julio Cesar Martins Ribeiro de Campos Lawrence Atta Frempong Police Prosecutor Assistan t Commissioner of Police Brazil Central Region Regional Police Headquarters Gloria Z. Navas Montero Ghana Head, Public Defenders Division Supreme Court of Justice Raj Kumar Shastri Costa Rica Home Secretary Government of Rajasthan India

33 ANNUAL REPORT FOR 1982

Witono Wijesinha Mervyn Patrick Police Major Permanent Secretary Chief of Sub Crime Investigation Unit Ministry of Justice Indonesia National Police Headquarters Sri Lanka Indonesia ThavisakNa Takuathung Egbert Leopold Gunter Senior Public Prosecutor Permanent Secretary Department of Public Prosecutions Ministry of National Security and Thailand Justice Jamaica Solomone Fifita Tohi O.C. Immigration HwangJinHo Polie Headquarters Senior Public Prosecutor Tonga Seoul High Public Prosecutors' Office Republic of Korea Ahmed bin Mubarak bin Abdulla Al Mubarak Al Saairi Haji Mohd. Onn bin Haji Muda Director Foreign Relations Superintendent of Police Ministry of Justice Contingent Police Headquarters United Arab Emirates Royal Malaysia Police Malaysia Hirosuke Aburada Judge Hossni Mustapha Nagoya District Court Chief, Criminal Division Japan National Judiciary Police Brigade Morocco Akira Fujiwara Public Prosecutor Chhatra Bahadur Pradhan Osaka District Public Prosecutors' Inspector of Police Office Police Headquarters Japan Nepal Toichi Koike Chaudhry Hasan Nawaz Deputy Director Joint Secretary International Crime Investigation Law Division Division Ministry of Law National Police Agency Pakistan Japan

Esteban V. Gonzaga Takaji Kuroda State Prosecutor Chief, Okinawa Branch Office Ministry of Justice Kyushu Regional Narcotic Control Philippines Office Japan Cli'iaco P. Cruz Deputy Constabulary Judge Advocate Shigetoshi Ogawa Philippines Deputy Director Tokyo Probation Office Soon Kim Kwee Japan District Judge S\lbordinate Courts Singapore

34 APPENDIX

Chikako Taya Kenji Yonezawa Public Prosecutor Public Prosecutor Urawa District Public Prosecutors' Tokyo District Public Prosecutors' Office Office Japan Japan

Yoshihiro Ueshiba Deputy Superintendent Osaka Juvenile Classification Home Japan

Appendix 11-2

List of Lecturers and Their Topics

Visiting Expert 1) Dr. Ricardo C. Puno - "Contemporary Problems in Securing an Effective, Effi­ cient and Fair Administration of Criminal Justice and Their Solutions" 2) Dr. B.!. George, Jr. - "Recent Developments in the Constitutional Law Affecting Search, Seizure and Interrogation", and "The Exclusionary Rule and Other Sanc­ tions for the Protection of Constitutional Rights

AdHoc Lecturers 1) Mr. Atsushi Nagashima, Professor, Faculty of Law, T5y6 University - "Coordi­ nated and Efficient Administration of Criminal Justice" 2) Mr. Shigeki Ito, Deputy Prosecutor-General, Supreme Public Prosecutors' Office - "Characteristics and Roles of Japanese Public Prosecutor" 3) Mr. Sadame Kamakura, Deputy Superintendent-General, Tokyo Metropolitan Police Department - "Crime Trends and Crime Prevention Strategies in Tokyo"

Faculty 1) Mr. Masaharu Hino (Deputy Director) - "Crime in Japan" 2) Mr. Makazu Ikeda - "Criminal Justice System in Japan (II): Trial" 3) Mr. Keizo Hagihara - "Criminal Justice System in Japan (III): Institutional and Non-institutional Treatment of Offenders" 4) Mr. Susumu Umemura - "Police Activities for Crime Prevention" 5) Mr. Toichi FujiWara - "Criminal Justice System in Japan (1): Investigation and Prosecution", and "Clarificatory Discussion on Japanese Criminal Justice"

Appendix 11-3

List of Reference Materials Distributed

1) The International Dill of Human Rights 2) Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

35 ANNUAL REPORT FOR 1982

3) Draft Code of Conduct for Law Enforcement Officials 4) Development of Codes of Medical Ethics 5) Draft Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment 6) Draft Principles on Freedom from Arbitrary Arrest and Detention 7) Principles on Equality in the Administration of Justice 8) Standard Minimum Rules for the Treatment of Prisoners 9) The Constitution of Japan 10) Criminal Statutes I & II 11) Law for Correction and Rehabilitation of Offenders 12) Court Organization Law and Public Prosecutors' Office Law 13) Criminal Justice in Japan 14) Correctional Institution in Japan 15) Community-Based Treatment of Offenders in Japan 16) Summary of the White Paper on Crime, 1980 17) Bulletin of the Criminological Research Department, 1980 18) The Organization and Functions of the Organs for the Protection of Human Rights and Legal Aid System in Japan, 1977 19) National Statement of Japan for the Sixth United Nations Congress on the Pre­ vention of Crime and the Treatment of Offenders 20) Regional Training and Research Programme on Crime Prevention and Criminal Justice in Asia 21) Criminal Justice System in Asian Region (1) 22) Forms and Dimensions of Criminality and Criminal Policy in Asian Countries 23) Crime Trends and Crime Prevention Strategies in Asia and the Pacific Region 24) Alternatives to Imprisonment in Asia 25) Resource Material Series Nos. 18, 19,20 26) Newsletter Nos. 43, 44, 45

Appendix III-J List of Participants in the 60th International Training Course Md. AbdulHuq P.P. Mahurkar Additional Deputy Commissioner and Deputy Director Additional District Magistrate Bureau of Police Research and Bangladesh Development Ministry of Home Affairs Oscar Maximo Senque Brueckner India Police Delegate Civil Police R.M. Surahman, S.H. Brazil Prosecutor at the Attorney General's Office Ivan Wong Indonesia Superintendent of Correctional Services (Acting) Hei Ling Chau Addiction Treatment Centre I-long Kong

36 ANNUAL REPORT FOR 1982

Appendix 1II-2

List of Lecturers and Their Topics

Visiting Expert 1) Prof Leslie T. Wilkins - "General Introduction to Information and Decision Theory: Models and Their Usage", "General Introduction to Information and Decision Theory: The Present Position Regarding Theories of Imprisonment", "Seriousness of Crime and the Importance of Aggravating and Mitigating Factors" and "Discusison of the Ideas of Guidelines" 2) Dr. Denis Szabo - "Economic Crime and Abuse of Economic Power: New Avenues for Research and Legislations", "Contemporary Societies and Crime Control: Features and Evaluation of Crime Trends and the Efficiency of Criminal Justice System", "Victims and Society: Is There a Fair Deal for Victims in the Criminal Justice System?" and "Police and the Public: Trends in Contemporary Law Enforcement"

Ad Hoc Lecturers 1) Mr. Hiroshi Maeda, Director-General, Criminal Affaris Bureau, Minsitry of Justice - "Prosecutorial System in Japan" 2) Mr. Shohei Kawakatsu, Deputy Director, United Nations Statistical Institute for Asia and the Pacific - "Statistical Implication to the Prevention of Crime" 3) Mr. I.J. Hey" Shain, Research Director, Judicial Council of California - "The Wise Use of Discretion: Key to Effective Sentencing" 4) Mr. MigueZ Urrutia, Vice-Rector, Development Studies Division, The United Nations University - "On Crime Statistics" 5) Mr. Koya Matsuo, Professor of Criminal Law, Faculty of Law, Tokyo University - "Prosecutorial Discretion in Japan" 6) Mr. Terumasa Ide, Director of the First Research Division, Research and Training Institute, Ministry of Justice - "The White Paper on Crime in Japan" 7) Mr. A tsushi Nagashima, Professor of Criminal Law, Faculty of Law, Toyo Univer­ sity - "Coordinated and Efficient Administration of Criminal Justice" 8) Mr. Yoichiro Yamakawa, Attorney at Law - "Some Aspects of Japanese Criminal Justice as Viewed by a Practicing Attorney'" 9) Mr. Motoo Ono, Director-General Criminal Affairs Bureau, General Secretariat, Supreme Court - "Characteristics of Criminal Procedure in Japan" 10) Mr. Yoshinori Shibata, Deputy Superintendent-General, Tokyo Metropolitan Police Department - "Crime Trends and Crime Prevention Strategies in Tokyo" 11) Mr. Tokio Matsumoto, Judge, Tokyo District Court - "Sentencing Disparity in U.S.A."

Faculty 1) Mr. Hiroshi Ishikawa (Director) - "Statistical Needs of Criminal Policy" 2) Mr. Masaharu Hino (Deputy Director) - "Crime Trends in Japan" and "Planning and Research for Criminal Justice System" 3) Mr. Hidetsugu Kato - "Criminal Justice System in Japan (II): Trial" and "Some Measures to Reduce Disparity in Sentencing and Sentencing Standards in Some Crimes in Japan"

38 APPENDIX

Cho, Chae-Chun Ryoji Kawabata Deputy Director of Investigation and Senior Probation Officer Adjustment Division Nagoya Probation Office Ministry of Justice Japan Korea Miclzio Kobayashi Ambrose Liew Chin Kong Deputy Director Social Welfare Officer Criminal Investigation Bureau Department of Welfare Services National Police Agency Malaysia Japan

Radlza Krishna Ranjitkar Akira Miyamoto Under Secretary Specialist Ministry of Law and Justice Urawa Juvenile Classification Home Nepal Japan

Portia A. Honnachuelos KazuoMori State Prosecutor Probation Officer Office of the Provincial Fiscal Sendai Probation Office Philippines Japan

Edmond Pereira Yoshihiro Nanbu State Counsel/Deputy Public Prosecutor Public Prosecutor Attorney-General's Chambers Tokyo District Public Prosecutors' Singapore Office Japan Punyadasa Edussuriya District Judge and Magistrate Shigehiro Sakamoto District Court, Miitale Chief Navigation Officer Sri Lanka Patrol Vessel "Kikuchi" Moji Maritime Safety Office Abd EZ Galil Hussein Mahmoud Japan Senior Legal Counsel Attorney General's Chambers Shinji Takai Sudan Public Prosecutor Sakai Branch of Osaka Dist~ict Public Onel Elias Malisa Prosecutors' Office Assistant Commissioner of Prisons Japan Prisons Staff College Tanzania Tateo Toyoda Assistant Judge Suthin Patamarajvichien Ichinomiya Branch Judge Nagoya District Court and Family Bangkok South District Court Court Thailand Japan

Hiromichi Inoue Yoshinori Yamamoto Assistant Judge Chief, Counsellor's Office Tokyo District Court Correction Bureau, Ministry of Justice Japan Japan

37 APPENDIX

4) Mr. Keizo Hagihara - "Mental Disorder and Crime" 5) Mr. Hachitaro Ikeda - "Criminal Justice System in Japan (III): Institutional Corrections" 6) Mr. Toichi Fujiwara - "Introductory Discussion of Comparative Criminal Justice in Asia" 7) frfl: Seiji Kurata - "Criminal Justice System in Japan (I): Investigation and Decision to prosecute" and "Criminal Statistics in Japan" 8) Mr. Yasuo Hagiwara (Haji) - "Criminal Justice System in Japan (IV): Community­ Based Corrections" and "Juvenile Delinquency in Developing Countries" 9) Mr. Yoshio Noda - "Public Participation in Criminal Justice Process"

Appendix 111-3

List of Reference Materials Distributed

1)-22) The same materials with those 1)-15) and 18)-24) in Appendix II-3 23) Summary of the White Paper on Crime, 1981 24) Bulletin of the Criminological Research Department, 1981 25) Resource Material Series Nos. 19, 20 26) Newsletter Nos. 44, 45, 46

Appendix IV-1

List of Participants in the 61st International Training Course

Mohammad Salam Ish Kumar Bhagat Superintendent of Police Senior Superintendent of Correctional District: Jamalpur Services Bangladesh Correctional Services Headquarters Hong Kong V. Jorge Diaz Navarrete Mayor de Gendarmeria de Chile V. AppaRao Centro Detencion Preventiva Lebu Deputy Inspector General of Police Chile Office of the D.G.P. and I.G.P. India Oveti Laladidi Chief Prison Officer R. V. Rudy Tjitrosol1lo, S.H. Fiji Prisons Services Head, Legal Division Fiji Directorate General of Corrections Department of Justice, R.I. Fung Kwan-Yuet Indonesia Superintendent (Commercial Manager) Correctional Services Departmen t Sana Francis Jazrawi Hong Kong Chairwoman of the Technical Committee General Office for Juvenile Reform Iraq

39 ANNUAL REPORT FOR 1982

Kim, Myung Bae Sirmaal Jeoffrey Manilal Gunasekera Chief, General Affairs Section Assistant Superintendent of Prisons Anyang Correctional Institution Bogambara Prisons Korea Sri Lanka

Mohd. Jappar bin Yaacob Boonsootthi Thanusiri Deputy Superintendent Warden Prisons Headquarters Ayutthaya Rehabilitation Centre for Malaysia Drug Addicted Offenders Thailand Revati Raj Kafle Section Officer Takashi Aoki Police and Prison Section Deputy-Director Ministry of Home Affairs Koshigaya Child Guidance Center Nepal Japan

Shaukat Mehmood Mian Masayuki Ikegami Deputy Inspector General of Prisons­ Public Prosecutor Punjab Tokyo District Public Prosecutors' Pakistan Office Japan TwainPongi Director of Child Welfare Mitsuru Itaya Papua New Guinea Officer, Research and Liaison Section Rehabilitation Bureau Gina Norry Portugal Hidalgo Ministry of Justice Legal Counselor Japan Criminal Division Peruvian Supreme Court Shigeru Ohta Peru Public Prosecutor Osaka District Public Prosecutors' Florcelia E. Rosas Office Head Social Worker Japan Ministry of Social Services and Development Region IV Sadakazu Kasuga National Training School for Boys Family Court Probation Officer Philippines Aomori Family Court Hachinohe Branch Chew Sin Poon Japan Acting Senior Prison Welfare Officer Rehabilitative Services Branch Tetsumi Masuda Ministry of Social Affairs Professor Singapore Training Institute for Correctional Personnel Loh Siang Piow @ Loh Chan Pew Japan Acting Assistant Superintendent of Prison Masako Saeki Reformative Training Centre Probation Officer Singapore Hiroshima Probation Office Japan

40 APPENDIX

Tadashi Watanab::: Hiroto Yamazaki Chief of Medical Care and Classification Police Superintendent Section Statistics & Research Division Tokyo Regional Corrections National Police Agency Headquarters Japan Japan

Yoichiro Yamato Judge Osaka District Court Japan

Appendix IV-2

List of Lecturers and Their Topics

Visiting Experts 1) Mr. Thomas G.P. Gamer, C. B.E.,J.P. - "Management of Institutions", "Convicted Prisoners - Admission to Discharge", "Classification and Categorization After­ care, Visitors and Public Relations", "Vocational, Industrial Training, and Culti­ vation of Good Work Habits", and "Correctional Services Personnel and Staff Training" 2) Dr. Kurt Neudek - "Formulation and Application of United Nations Standards and Norms in Criminal Justice", "The United Nations Standard Minimum Rules for the Treatment of Prisoners! Some Issues of Current Relevance", "Correctional Issues at United Nations Congress on the Prevention of Crime and the Treatment of Offenders: Changes in Emphasis and Perspective", and "Corrections from the Viewpoint of Crime Prevention and Criminal and Social Justice"

Ad Hoc Lecturers 1) Mr. Kuniji Shibahara, Professor, Faculty of Law, Tokyo University - "Penal Policy and International Standards and Norms (I), (II)" 2) Mr. Yoshio Suzuki, Director-General, Corrections Bureau, Ministry of Justice - "Some Aspects of Correctional Administration in Japan" 3) Mr. Jorge A. Montero, Director, Institute of Latin America for the prevention of Crime and the Treatment of Offenders - "The Training and Research Activities of Institute of Latin America for the Prevention of Crime and the Treatment of Offenders" 4) Mr. Akira Tanigawa, Director-General, Rehabilitation Bureau, Ministry of Justice - "The Outline of the Rehabilitation Services in Japan" 5) Mr. Koichi Miyazawa, Professor, Faculty of Law, Keio Gijuku University - "The Prison Law Reform and Japanese Correctional Administration (I), (II), (III)" 6) Mr. Hisashi Hasegawa, Warden, Kawagoe Juvenile Prison - "Prison Industry and Yoca tional Training" 7) Mr. Saburo Tsuchimochi, Director, Education Division, Corrections Bureau, Ministry of Justice - "Correctional Programmes for Institutionalized Offenders" 8) M,: Takao Oshima, Head, the Second Division, Kanto Regional Parole Board "­ "Practical Use of Parole in Japan"

41 ANNUAL REPORT FOR 1982

9) Mr. Kiitsu Ozawa, Senior Researcher, Criminological Research Department, Research and Training Institute, Ministry of Justice - "Treatment Programmes and Their Effectiveness" 10) Mr. Tsuyoshi Hori, Director, Security Division, Corrections Bureau, Ministry of Justice - "Security Conditions of Penal Institutions in Japan" 11) Mr. Amos E. Reed, Secretary, Department of Corrections, State of Washington, U.S.A. - "Problems, Programmes and Plans of American Corrections" 12) Mr. Ed. Buehler, Director, Bureau of Community Corrections, Division of Correc­ tions, Department of Health and Social Services, State of Wisconsin, U.S.A.­ "Probation, the Best Alternative to Prison"

Faculty 1) Mr. Hiroshi Ishikawa (Director) - "Characteristic Aspects of Japanese Criminal Justice System" 2) Mr. Masahant Hino (Deputy Director) - "Correctional Administration ifl Asia and the Pacific Region (I), (II)" 3) Mr. Hidetsugu Kato - "Criminal Justice System in Japan (II)" 4) Mr. Keizo Hagihara - "Clinical Services in Correctional Institutions" 5) Mr. Hachitaro Ikeda - "Criminal Justice System in Japan (III)" 6) Mr. Toichi Fujiwara - "Integr&ted Approach to Prison Overcrowding" 7) Mr. Seiji Kurata - "Criminal Justice System in Japan (I)" 8) Mr. Yasuo Hagiwara (Haji) - "Criminal Justice System in Japan (IV)" 9) Mr. Yoshio Noda - "Public Participation in the Treatment of Offenders"

Appendix IV-3

List of Reference Materials Distributed

1)-10) The same materials with those 1), 2), 8)-11), l3)-15) and 19) in Appendix II-3. 11) Summary of the White Paper on Crime, 1981 12) Bulletin of the Criminological Research Department, 1981 13) Recent Activities of the United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders 14) Resource Material Series Nos. 19,20,21 15) UNAFEI Newsletters Nos. 45, 46) 47

Appendix V

List of the Participants Meeting of the Ad Hoc Advisory Committee of Experts on UNAFEI Work Programme and Directions

1) Mr. 'Akau 'ala, Minister of Police, Tonga 2) Mr. M V. Buardromo, Permanent Secretary for Home Affairs, Fiji 3) Mr. Sh6zQ Chikamatsu, Director-General, General Affairs Department, Supreme Public Prosecutors Office, Japan

42 APPENDIX

4) Mr. DhaJlee Choosup, Director-General, Department of Corrections, Ministry of Interior, Thailand 5) Mr. William Clifford, Director, Australian Institute of Criminology, Australia 6) Mr. J.P. Delgoda, Commissioner of Prisons, Sri Lanka 7) Mr. Jorge M Cordeiro Dias, Director of Correctional Services, Macau 8) Mr. T. G. Gamer, Commissioner of Correctional Services, Hong Kong 9) Mr. William D. Garrett, Chief Executive Officer, New Zealand 10) Mr. Ibrahim bin Haji Mohamed, Director-General of Prisons, Malaysia 11) Mr. Leo Kuabaal, Commissioner, Correctional Services, Papua New Guinea 12) Mr. Koya Matsuo, Professor of Tokyo University, Japan 13) Mr. A.S. Mehta, Joint Secretary, Ministry of Home Affairs, India 14) Mr. KoichiMiyazawa, Professor of Keio Gijuku University, Japan 15) Mr. Atsushi Nagashima, Professor of Toyo University , Japan 16) Mr. Tsuneo Oyake, Deputy Director-General, United Nations Bureau, Ministry of Foreign Affairs, Japan 17) Mr. Viente R. Raval, Director, Bureau of Prisons, Ministry of Justice, Philippines 18) Mr. I.J. "Cy" Shain, Research Director, Judicial Council of California, U.S.A. 19) Mr. Minoru Shikita, Chief, Crime Prevention and Criminal Justice Branch, Centre for Social Development and Humanitarian Affairs, United Nations 20) Mr. Quek Shi Lei, Director-General of Prisons, Prison Headquarters, Singapore 21) Mr. Yoshio Suzuki, Director-General, Correction Bureau, Ministry of Justice, Japan 22) Mr. Akira Tanigawa, Director-General, Rehabilitation Bureau, Ministry of Justice, Japan 23) Mr. Hiroshi Ishikawa, Director, UNAFEI 24) Mr. Masahalu Hino, Deputy Director, UNAFEI

Appendix VI

Report of the Meeting of the Ad Hoc Advisory Committee of Experts on UNAFEI Work Programme and Directions Fuchu, Tokyo, Japan, 10 April 1982

Introduction

On the occasion of the third meeting of the Asia and Pacific Conference of the Cor­ rectional Administrators held at the United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders, the Institute convened, on 10 April 1982, a Meeting of the Ad Hoc Advisory Committee of Experts for the purposes of making an evaluation of the on-going programme and activities and of advising on its future work. The list of participants is attached as Annex 1.*

'I< Omitted here because it Is contained in Appendix V.

43 ANNUAL REPORT FOR 1982

Fonnal Proceedings

The meeting was formally opened by Mr. Hiroshi Ishikawa, the Director of UNAFEI. He expressed his heartfelt gratitude for the participants' acceptance of the invitations which he had extended. Mr. Ishikawa reminded the meeting that UNAFEI was established in 1961 in pur­ suance of the agreement between the United Nations and the Government of Japan to promote regional co-operation in the field of prevention of crime and the treatment of offenders through training and research, and thus to contribute to a sound national development in Asia. He expl:!ined that during its twenty years of existence, UNAFEI has conducted more than 60 intE f':laiional seminars and training courses, bringing in a total of 1,306 persons representing 49 countries, mainly in Asia. In addition, UNAFEI has conducted several joint seminars conjointly with Governments in the region including three such ones in 1981. The Institute, he said, has undertaken a number of research projects and has instituted a series of publications, including the UNAFEI Resource Material Series. Mr. Ishikawa asked the meeting to proceed to a frank and candid evalua­ tion of all previous UNAFEI activities and to advise on future directions. Concluding his opening address, Mr. Ishikawa asked for nominations for Chairman, Vice Chairman and Rapporteur. The following officers were proposed and elected by acclamation: Chairman: Professor Atsushi Nagashima (Japan) Vice Chairman: Mr. Dhavee Choosup (Thailand) Rapporteur: Mr. William Clifford (Australia)

Adoption of Agenda

The Chairman invited the members' attention to the following provisional agenda: Provisional Agenda 1. Election of Officers (Chairman, Vice Chairman and Rapporteur) 2. Adoption of the Agenda and Other Organizational Matters 3. Evaluation of On-Going Programme and Activities 4. Suggestions for Future Programmes and Activities 5. Role and Functions of a UNAFEI Alumni Association in the Respective Countries 6. Adoption of the Report The meeting agreed on the proposed provisional agenda, which was adopted by consensus.

General Discussion

The general discussion was opened by Mr. Garner of Hong Kong, who suggested that the value of UNAFEI was appreciated by the people in the field of crime prevention and the treatment of offenders in the region but was not very well known by those not direct­ ly involved in the Work. He called for a raising of consciousness of those who needed to know about UNAFEI bu t who may not be working in criminal justice. He also proposed that the countries of the region might register their presence in the new building of UNAFEI by adopting particular rooms in which partiCipants would stay. Hong Kong, for example, could send small items for a "Hong Kong Room" such as pictures for the walls, small pieces of equipment, even a clock with radio. This would not mean, of course, that

44 APPENDIX this room had to be occupied only by people from Hong Kong, but it would establish a Hong Kong presence in the new building, and if other countries followed suit, the unity of the work in the region would be underlined. Other members showed deep interest in this proposal. Thirdly, he suggested that the programmes at UNAFEI might not always have been dealing with the main correctional issues for the region. He would like to see a seminar on drugs, for example. Many other members endorsed his proposal of conduct­ ing such a seminar on drugs. Mr. A.S. Mehta of India expressed his appreciation of being asked to stay on after the Asian and Pacific Conference in order to attend this Advisory Committee Meeting. India had greatly benefited from UNAFEI activities and he believed that there had been about 47 participants from India. He was concerned that there should be some way of making sure that people brought in for courses from the countries of the region were actually engaged in and capable of disseminating their gains in the field for which the course was intended by providing suggestions as regards the level and type of nominations expected at the stage when the invitations are sent, keeping in mind the particular courses con­ templated. He further expressed satisfaction that UNAFEI had taken up courses on the subject of co-ordination in the criminal justice system, and suggested increasing the num­ ber of such courses. Mr. Tsuneo Oyake, Deputy Director-General of the United Nations Bureau of the Ministry of Foreign Affairs, Government of Japan, highly appreciated UNAFEI fol' its work in the past and expressed the full support of the Foreign Ministry in the future, within the framework of its technical co-operation programmes. He said he was pleased to be able to share in this meeting of the Advisory Committee, and he was anxious to listen to ideas as they came from the floor. Mr. J.P. Delgoda of Sri Lanka supported the work that had been going on, but thought there might be more consideration given to a larger number of fellowships and to opportunities for longer and shorter periods of training. Mr. Quek of Singapore thought that, despite the achievement of UNAFEI, the sub­ ject vf correctional management had never been adequately covered by the courses, and he hoped that this could be done in the future.

Items 3 and 4

The Chairman suggested that already the discussion had moved on to Items 3 and 4, and he proposed to take these now. Mr. Choosup drew attention to the list, which had been circulated, of persons participated in the 59th Seminar Course. These included quite a few peopJe from other regions, and he felt a little concern that the Asian and Pacific region might not get adequate attention in the diluting of interests to make them world­ wide. He understood, of course, that there had to be invitations across the world, and this might be an appropriate policy for the Foreign Ministry, but he hoped that the main interest would remain in Asia and the Far East. Other members also showed a sin1i1ar concern and stressed the desirability that the majority was from Asia because of UNAFEI's very nature of the Asian regional institute. Mr. Garner called for shorter and more intensive courses for decision-makers. He felt that these were not adequately provided for but were very important. Dicision-makers could never get away from their countries for very long and the maximum period which they would be able to attend would be around ten days, or even less. He thought some attention should be given to this.

45 ANNUAL REPORT FOR 1982

Mr. Shikita, representing the United Nations Secretariat, thanked the Government of Japan for her unfailing support of UNAFEI and pointed out that the work programme of UNAFEI had been well received by the Crime Prevention and Criminal Justice Branch, as well as by the various committees of the United Nations, For example, the Seventh Session of the Committee on Crime Prevention and Control had been very appreciative of the work done by UNAFEI on the Standard Guidelines for the Formulation of the Minimum Rules for Juvenile Justice Administration. This was the only region which had actually followed up the recommendations of the Caracas Congress. He endorsed the guiding principles underlining the formulation of UNAFEI work programmes, which had very close relations with the United Nations Congresses, and hoped that this policy would continue. He also hoped that the working relations between UNAFEI and the Branch would be further strengthened through various traditional as well as imaginative ways. Mr. George 'Akau'ola of Tonga thought that more attention should be given to send­ ing people not just for courses but for a length of time when they could actually research specific projects for the benefit of their own countries. This prompted the intervention of Professor Koichi Miyazawa of Keio University and Professor Koya Matsuo of Tokyo Uni­ versity. Both stressed the need for closer collaboration between UNAFEI and universities, and expressed the desire to develop closer relations with UNAFEI in the years ahead. The Director of UNAFEI, Mr. Ishikawa, responded very warmly to the invitation which had been extended by Professors Miyazawa and Matsuo. In this connection, Mr. Clifford suggested the advisability of having one-day seminars which the universities could conduct for the UNAFEI participants. Mr. Garrett of New Zealand expressed appreciation of being present at this Com­ mittee and apologized for the lack of any previous acquaintanceship with the work of UNAFEI. However, he was conscious of the need for the practical services to stimulate the study of criminology in the universities and he hoped that UNAFEI would be able to do something about this, in Japan as well as in the Asian region. Mr. Suzuki, the Director-General of the Corrections Bureau and a previous Director of UNAFEI, said that, at the various United Nations Conferences which he had attended, he had been faced with questions about the kind of research being done by UNAFEI. Eventually he had found a way of answering these questions by explaining that UNAFEI was not a research-producing body but a research-consuming body; for example, it col­ lected the available research data in the region and used it for training purposes. He hoped that this collection of material would continue. Mr, Shikita, also a previous Director of UNAFEI, thought that it was not quite true to think of UNAFEI only as a research-consuming body, Its training programmes were a unique example of an imaginative amalgamation and consolidation with research pro­ grammes, and the Resource Material Series could be one of its major end-products. How­ ever, he agreed that whatever UNAFEI had done could only be called analytical research and further emphasis on evaluative research was still necessary. Mr. Buardromo of Fiji felt that in the region generally the prison services were neglected and he supported Mr. Quek of Singapore that there should be more concen­ trated attention 011 correctional management. Dato Ibrahim bin Mohamed from Malaysia took the opportunity of expressing his country's gratitude for the help which it had received from UNAFEI. There had been 57 Malaysians accepted as participants and 17 of these came from the prisons. However, he felt, and was supported by Mr. Garner, that there should be some way in which UNAFEI could make private and confidential reports on the performance of their participants, a

46 APPENDIX truthful and factual report. Other suggestions he made was that there should be included visits to some of the large Japanese factories, and that seminars for policy-makers, as recommended by Mr. Garner, should have a limit of ten days. He also stressed the need to take due care to ensure that outside experts did not disturb the culture and traditional patterns of work in the Asian Region. Mr. Garner supported this proposal. Far too often it had been clear that experts from other regions did not understand some of the Asian conditions. He said that whilst every­ thing in the region was not good, it was also true that everything was not bad. And as Dato Ibrahim bin Mohamed had said, the Asians could not learn too much from people who did not understand the region. Dato Ibrahim bin Mohamed also drew attention to the importance in the Asian Region of stressing obligations as much as human rights. Mr. Mehta underlined the importance of UNAFEI's function as a learning-house, and hoped that this function should be further strengthened. In this connection, Mr. Hino, Deputy-Director of UNAFEI, thanked the various departments in the different countries of the region for providing UNAFEI with valuable information and he hoped to continue to receive relevant information. He also mentioned that UNAFEI was making efforts to explore ways and means of more effectively discharging this fUnction and wished to have more frequent flow of information from the countries in the region. Professor Matsuo pointed out that, since UNAFEI had aow reached its 20th An­ niversary and it was in Japanese terms an adult institution, it should be better known in Japan itself. He thus stressed a need for more public relations. Dato Ibrahim bin Mohamed and Mr. Clifford also stressed the need for greater attention being paid to public relations. So much went on at UNAFEI, which never received publicity, and so much went on across the region in co-operation with UNAFEI, which remained unknown both inside and outside Japan. Other members joined in this emphasis.

Item 5: Role and Functions of UNAFEI Alumni Associations in the Respective Countries

The discussion here centered on the work of Alumni in the countries of the region. Mr. Ishikawa reported that in July 1980 the Director of UNAFEI sent a letter to the UNAFEI Alumni Association in the respective countries, in which he urged each Associa­ tion to reactivate the functions and activities of the Association. In response to the letter, several Associations had initiated some action. The following were some examples: 1. UNAFEI Alumni Association of India decided to take up a research project on criminal statistics system and designated Alumni members as researchers. 2. The Sri Lanka UNAFEI Alumni Association Committee decided to hold a few seminars in its provincial capital cities. 3. UNAFEI Alumni Association of Thailand and the Philippines Alumni Association of UNAFEI held a general meeting and inducted the new officers of the Associa­ tion as the first step in the reactivation of its functions. 4. Furthermore, UNAFEI Alumni Associations of Hong Kong, India, Indonesia, Malaysia, Nepal, Pakistan, the Philippines and Thailand sent UNAFEI copies of the up-dated lists of their Alumni Associations so that UNAFEI could be inform­ ed of the present positions and addresses of Alumni members in these countries. Mr. Shikita pointed out that these Alumni Associations constituted very important informal channels of information and have an important function in that they are com­ posed of representatives of various components of the criminal justice system and help

47 ANNUAL REPORT FOR 1982 to bring them together so as to facilitate the systemic administration of criminal justice. The Director of UNAFEI said that since UNAFEI Alumni members played an im­ portant role in the improvement of criminal justice administration in the respective countries, UNAFEI had started to make efforts to channel financial and technical assist­ ance to the UNAFEI Alumni Associations. In this connection, Mr. Nagashima introduced the newly-established Asian Crime Prevention Foundation, of which he was the Acting President. One of the main purposes of the Foundation was to facilitate meaningful research and other activities of the UNAFEI Alumni members of respective countries. Part of the fund was donated by members of UNAFEI Alumni Association of Japan, which alone totalled to over ¥.:"OOO,OOO. He, in his capacity as the Acting President, stated that he would welcome the proposals from the Associations of the different countries for research or other projects in their countries to which the Foundation might provide funds and expertise through UNAFEI. All members heartily welcomed the state­ ment of Mr. Nagashima. Dato Ibrahim bin Mohamed looked forward to the assistance that the Foundation might be able to provide and said there might be various ways and means by which the UNAFEI Alumni Association could be further strengthened. Mr. Garner hoped that in dealing with the future planning for the Alumni and the Institute, it would be possible for courses to be publicized at least eight months ahead. Mr. Clifford suggested that this could be difficult for UNAFEI but there should be no problem with preparing a list of courses even two years ahead with a provision that the titles could be changed to meet contingencies. This would allow for budgeting in advance and would permit adaptability when something arose and it was necessary to adjust to the new situation.

Adoption of the Report

The draft report of the meeting was circulated to the participants and certain cor­ rections were made. The Members agreed, however, that the report would be finalized by the Chairman.

Appendix VII

Contents of the 20th Anniversary Commemoration Volume of UNAFEI

Hiroshi Ishikawa - Foreword Thorsten Sellin - Preface E.!. George, Jr. - Editor's Note Norval Morris - Introduction V.N. Pillai - "The Administration of Criminal Justice: Unity in Diversity" Milloru Shikita - "Integrated Approach to Effective Administration of Criminal and Juvenile Justice" Leslie T. Wilkins - "Social Invention for Social Defence: The Technology of Crime Prevention" William Clifford - "The Development of Comparative Criminal Justice in the Asian Region" Gerhard O. W. Mueller - "Crime and Economy: Challenge to the United Nations" AbdurR. Khandaker - "Police and Criminal Justice in Bangladesh"

48 APPENDIX

Juan L. Agas - "The Integrated National Police and Crime Prevention in the Philip!Jines" Chung Haechang - "The Criminal Justice System in Korea" A. Karim Nasution - "The Role of Prosecution in the Indonesian Criminal Justice System" Mamanda P. Singh - "Crime and Criminal Justice in Nepal" Hasan Nawaz Choudhry - "The Criminal Justice System in Pakistan: Contemporary Problems in Securing Efficient Administration of Criminal Justice" Noel TittaweZla - "A Brief Survey of the Criminal Justice System in Sri Lanka" Hira Singh - "Criminal Justice System in India: A Human Rights Perspective" T. G. Gamer - "Corrections in Hong Kong" Sulaiman bin Haji Sani - "Malaysian Prisons and the Criminal Justice System" Dhavee Choosup - "Innovation in Criminal Justice in Thailand" Akira Tanigawa - "Public Participation and the Integrat~d Approach in Japanese Re- habilitation Services" K. V. Veloo - "The Probation Service in Singapore" B.J. George, Jr. - "A summary and Overview" B.J. Beorge, Jr. - Index

Appendix VIII

List of the Participants in the Third Asian and Pacific Conference of Correctional Administrators

1)-17) The same persons with those 1),2),4)-11),13),17),19)-21), 23) and 24) in Appendix V 18) Mr. Maurice John Dawes, Director of Correctional Services, Victoria, Australia 19) Mr. Noel S. Day, Deputy Chairman, Corrective Services Commission, New South Wales, Australia 20) Mr. Yang Ta-Doon, Superintendent, Hong Kong 21) *Mr. Chow Sai-Wing, Senior Superintendent, Hong Kong 22) *Mr. Wu Chun-Kan, Superintendent, Hong Kong 23) *Mr. Johnny Wong, Superintendent, Hong Kong 24) *Mr. Pi Wing-Lee, Superintendent, Hong Kong 25) Mr. Keisei Miyamoto, Director of Industry DiviSion, Corrections Bureau, Japan 26) *Mr. Hisashi Hasegawa, Warden, Kawagoe Juvenile Prison, Japan 27) *Mr. Keisuke IWai, Councillor, Rehabilitation Bureau, Japan 28) *Mr. Tomiyoshi Kawahara, Chief of Security Section, Tokyo Regional Correc­ tions Headquarters, Japan 29) Mr. Francisco Jose de Noronha, Assistant Director of Macau Judiciary Police, Macau 30) Mr. Somboon Prasopnetr, Chief of Correctional Staff Training Centre, Thailand

Note: Asterisks (*) indicate observers.

49 ANNUAL REPORT FOR 1982

Appendix IX

Main Staff of UNAFEI (as of 31 December 1982)

Diractor Mr. Hiroshi Ishikawa Deputy Director Mr. Masaharu Hino Chief of Training Division Mr. Hidetsugu Kato Chief of Research Division Mr. Keizo Hagihara Chief of Information and Library Service Mr. Hachitaro Ikeda Chief of Secretariat and Manager of Hostel Mr. Yoshimasa Suzuki Professor Mr. Toichi Fujiwara Professor Mr. Seiji Kurata Professor Mr. Yasuo Hagiwara (Haji) Professor Mr. Yoshio Noda

50 APPENDIX

Appendix V Dish"ibution of Participants by Professional Backgrounds and by Countries (lst - 61st Courses, 2 U.N. Human Rights Courses and 1 Special Course) (1962 - 1982)

... 'd> ~ :;:l , " ~ .r:...." ., .... 0: ~~ O~ "3 > ~ ...... t1:!" " (J 0 .... c;~ 3 " " "" .... "" .... ~ -"""'< t.::" o 0: ~ ~ ~o 0:",,l:J '" 0 .g~ .g; 0: .... CJ .9 Taiwan 12 4 2 '2 1 21 Thailand 12 11 7 6 10 6 5 7 4 70 Turkey I 1 United Arab Emirates 1 I Vict Nam 10 5 2 4 22 Africa (14) Egypt I Ethiopia 2 2 Ghana 2 2 Guinea 1 1 Kenya I Mauritius I Morocco I Sudan 3 Tanzania 1 Zambia I The Pacific (29) Australia 3 Fiji 4 6 Ponape, Micronesia I New Zealand I 2 Papua New Guinea 3 6 Tonga 2 3 2 8 Western Samoa I 1 3 North & South America (18) Brazil 3 5 Chile 2 Costa Rica 2 Ecuador 1 Jamaica 2 2 Panama 1 Paraguay 1 Pcru 2 3 U.S.A. (Hawaii) I 1 Japan 70 57 112 49 38 31 89 41 35 2 28 9 561

Total 264 168 197 204 140 59 130 46 38 40 50 23 1,359

51 RESOURCE MATERIAL SERIES No. 23

UNAFEI Introductory Note

The Editor is pleased to present No. 23 of the Resource Material Series with materials produced during the 61 st International Training Course on Improvement of Correctional Programmes for More Effective Rehabilitation of Offenders, which was held from 7 September to 27 November 1982. Part 1 consists of papers contributed by two visiting experts. In the paper "The Approach to Corrections in Asia and the Pacific with Reference to the United Nations Standard Minimum Rules for the Treatment of Prisoners", Mr. Thomas G.P. Garner, C.B.E., J.P., Commissioner of Correc­ tional Services, Correctional Services Department Headquarters, Hong Kong, describes, among other significant matters, the differences which exist in the approach to crime and punishment in Asia and the Pacific compared to Europe, and suggests a number of amendments to (he United Nations Standard Minimum Rules for the Treatment of Prisoners. Another visiting expert, Dr. Kurt Neudek, United Nations Social Affairs Officer, Crime Prevention and Criminal Justice Branch, Centre for Social Development and Humanitarian Affairs, United Nations Secretariat, Vienna, Austria, in his paper "Correctional Issues at United Nations Congresses on the Prevention of Crime and the Treatment of Offenders with Particular Reference to the Standard Minimum Rules for the Treatment of Prisoners", mainly describes the United Nations past involvement in the field of the treatment of pris­ oners, and presents the prospects in this field with special reference to the United Nations Standard Minimum Rules for the Treatment of Prisoners. Part 2 contains the papers of the participants of the Course, Part 3 presents the Report of the Group Workshops and Part 4 gives the Report of the Course. The Editor deeply regrets that the lack of sufficient space precluded him from publishing all the papers submitted by the participants in the Course. The Editor would like to add that due to lack of time, necessary editorial changes had to be made without referring the manuscripts back to their authors. The Editor asks for their indulgence for having to do it this way since it was unavoidable under the circumstances.

55 INTRODUCTORY NOTE

In concluding the Introductory Note, the Editor would like to express gratitude to aU who so willingly helped in the publication of this volume by attending to the t~rping, printing and proofreading and by assisting in various other ways.

Apri11983

Hiroshi Ishikawa The Editor Director of UNAFEI

56 Material Produced During The 61st International Training Course On Improvement of Correctional Programmes F or More Effective Rehabilitation of Offenders PART 1: EXPERTS' PAPERS

The Approach to} Con-ections in Asia and the Pacific with Reference to the United Nations Standard Minimum Rules for the Treatment o~ Prisoners by T. G.P. Garner.'/:

The emergence of the Standard Mini­ other law enforcement agencies who are mum Rules for the Treatme'1t of Prisoners favoured with funds are expected, if not in 1955 gave to those who work in the demanded. Criminal Justice Field guidelines of an Is it any wonder) therefore, that in some international standard to cover virtually cases disillusiolilllent has crept in and a all aspects of the treatment of prisoners number of goals have been thrown away and the staff working in correctional insti­ as being unattainable much to the detri­ tutions. ment of governments, the correctional Correctional services in many countries service and most important of all the had for years been working in isolation community which it serves. guided only by the legislation in their While it cannot be denied that the respective countries with very little mate­ responsibility for ensuring that prisoners rial available to indicate precisely what have the necessities of life rests with the went on elsewhere or any set standard by correctional service and in particular the which to measure their own performance. head of the service, of equal importance is This situation, coupled with a reluctance the onus which is placed upon the govern­ on the part of some governments to com­ ment for, by virtue of the enactment of the mit funds for the building of modern various laws which cause an offender to be correctional facilities and the recruitment incarcerated, it has the responsibility for of suitably qualified men and women, were ensuring that the correctional service has among the contributing factors as to why what it requires to properly carry out its some services failed to progress to the same task. This is a responsibility which cannot extent as others. be delegated. Furthermore, should a cor­ While one can appreciate the demands rectional service find that as a result of on government funds in respect of such government's failure to provide sufficient fields as medical, education and welfare, funds the service falls short of maintaining nevertheless, it should not be the case the provisions usually laid down in law for that prisons and other correctional institu­ the care and welfare of a prisoner, this fact tions are of less importance. In practice, must be pointed out by the head of the however, correctional services in many service to those who should know and who countries are placed far down the line in have the responsibility for taking remedial the queue for funds, and all too often action. lag well behind other law enforcement A correctional service is on the receiving agencies. However, the demands made end of a one-ended commitment for it upon the service by the government, the cannot refuse to accept a prisoner even public, and the prisoners have to be met although chronic overcrowding may be and the same standards which prevail in prevalent. In countries, however) where a certificate of accommodation is required by law, it is possible for the person who * Esq., C.B.E., J.P.; Commissioner of Cor­ authorises the certificate to state that the rectional Services, Correctional Services number shown which should include an Headquarters, Hong Kong acceptable (temporary) 11umber for over-

57 EXPERTS' PAPERS crowding should not be exceeded and within it and discipline must be applied to to do so would automatically incur staff as well as the prisoners. cancellation of the certificate. This would Mention the word 'discipline' to some authorise the Superintendent of the institu­ people who work within the correctional tion concerned to refuse to accept any field and they sh.1dder in horror. In truth additional prisoners under the accommoda­ it is usually in the areas where such shud­ tion rule. To my knowledge, such a step dering takes pla(;e that one finds pro­ has never been taken, and such a situation grammes not working as efficiently as they is not provided for under the United should for control over the inmates and Nations Standard Minimum Rules, at least therefore the ability to influence man for in terms strong enough to bring about an good is sadly reduced. Over the years one improvement. The word 'temporary' be­ has often heard the line that imprisonment fore 'overcrowding' in Rule 9(1) without is an entrance examination to the univer­ explanation or a stated period of time sity of crime (prison). Those who work in tends to give tacit approval for it to the correctional field know that they usual­ become permanent. A point which works ly have in their charge the largest collection against not in favour of the United Nations of the various types of criminals in society Standard Minimum Rules. and recognise that the opportunity for one prisoner to teach another about crime does The Asian and Pacific View exist. Therefore, it is on the quality of the staff that one must rely to ensure that this It is now better known and more fully does not take place and quality in terms of understood that the people living in most remuneration never comes cheap. countries in Asia and the Pacific view crime Deterrence can work in two ways: first­ and punishment differently to those who ly as a deterrent to an individual to prevent live in Europe or in the United States. As him from offending again and so reduce a result of this, correctional programmes recidivism; secondly, it can act as a deter­ have tended to advance along established rent to others, the potential offender to cultural lines rather than over-indulging in deter a person from committing a crime. A experimental programmes, many of which part of the deterrent is punishment and were doomed to failure from the beginning. this element is an important factor. Today Consequently the views now being ex­ there are very few members of the com­ pressed in Europe and elsewhere outside munity who would disagree that in the of the Asian and Pacific region are not majority of cases a person convicted of a necessarily shared by the majority of the crime deserves some form of sanction or countries in Asian and the Pacific. punishment. We must also take into consideration Deterrence and Discipline that a custodial sentence removes an of­ fender from the community and so curtails In the interest of the community and his unlawful activities at least for a time in the interest of keeping the crime rate leading to a reduction in crime. This is a down, it is necessary for one of the aims of proven fact and must be included in any imprisonment, that of a deterrent, to be evaluation but is often forgotten. maintained. This does not mean that a The placing of an offender in custody sentence of imprisonment should be served enables those within the correctional field under harsh conditions or in a less than to bring into play correctional programmes. satisfactory environment. However, it is I do not subscribe to the belief that the important that a prisoner should know correcting of unlawful behaviour is not exactly why he is in prison and why such possible, particularly when it is within the institutions are maintained. A good correc­ framework of efficiently run correctional tional programme cannot function unless programmes, and although it is easier in there is a strong element of discipline some cases than others there is no doubt

58 CORRECTIONS IN ASIA AND THE PACIFIC that it is this latter function which attracts result will be incarceration in a place and the largest number of men and women to subject to a programme which in at least correctional work. They want to be in­ some aspects he will not find to his liking. volved in a meaningful and worthwhile A very strong deterrent to recidivism. way not only to the prisoner but also to A perfect example of such philosophy the community. can be found in the detention centre pro­ In 1955, recommendations on the se­ gramme which was inaugurated in Hong lection and training of personnel for the Kong in June of 1972. During the ten correctional service were drawn up by the years since this programme came into United Nations which is a resolution operation, over 5,000 young offenders adopted on 1st September of that year between the ages of 14 and 20 have been drew attention to the change in the nature exposed to it. of prison staff which had resulted from The programme which is very demand­ the development in the conception of Ltlg is aimed at making a young offender their duty from that of guards to that of realise that he has done wrong and teach members of an important social service him respect for the law. On average a demanding ability, appropriate training and young offender stays in the custodial side good team work on the part of every of the programme for 4 months. A very member. short period compared to other pro­ This resolution went on to say that an grammes for young offenders including effort should be made to arouse and keep imprisonment which may carry a sentence alive in the minds of both the public and of several years. In addition, there is an the staff an understanding of the nature of after-care period of compulsory supervision a modern correctional service and stated which lasts for one year. Success is deter­ that for this purpose all appropriate means mined at the end of the I-year supervision of informing the public should be used. on the basis that the individual has not That correctional services can attract been re-convicted for any further offence, highly qualified, well motivated and de­ is living at home satisfactorily with his pendable people is indicative of the prog­ family, and is attending school or in em­ ress which has been made in recent years. ployment. Based on these factors, the Correctional programmes in the Asian percentage of success stands at 94.27%. and the Pacific Region are given a high Measured at the end of a 3-year period, rriority within correctional services; how­ i. e. 2 years following the I-year period ever, it does not lose sight of the fact that of follow-up supervision, the percentage of intermingled with the work of corrections successful cases stands at 78.78%. The is the established goal that imprisonment outcome of this programme has been so must act as a deterrent not only to the remarkable that several years ago a decision individual but to others. One will therefore was taken to implement a simialr pro­ not find a lazy 'do as you like' attitude gramme for young adults in the age range prevailing within penal institutions in this 21 to 24, the main difference being an region. There is little doubt that this has average stay in custody of a little over 7 done much to keep crime rates down in months. This programme has also achieved some countries in Asia and the facific a marked degree of success which, based Region to the extent that they have not on the same criteria, stands at 94.30% soared as rapidly as in some countries in following the I-year supervision period and the western world and while it can be said at the end of 3 years is 85.57%. that a potential criminal is more likely to Such programmes are, however, not be deterred if he knows he will be caught, easy to administer and they require a nevertheless, the second line of defence sustained input by the staff at all levels. for a community is to encourage him to They also require special safeguards to think twice before he commits an offence ensure that those who are admitted to the which he will if he considers that the end programmes are in no way bullied or

59 EXPERTS' PAPERS ill-treated. Experience has proven that the ally leaves a correctional service having to safeguards built into both programmes face with little support fierce competition have satisfactorily stood up to the demands for funds for its correctional programmes made on them. and facilities. Of equal importance and again as an Finance, of course, is not always the example of what can be done within the only drawback, for instance, in some community, programmes based on extend­ countries and Hong Kong is an example, ed families have proved to be highly suc­ the shortage of land presents problems of cessful in several countries in the region. a different kind. Another problem area insofar as staffing United Nations Standard Minimum Rules is concerned is the question of prejudice for the Treatment of Prisoners and towards the correctional services which in Related Recommendations some countries make for a situation whereby people are reluctant to work in As a result of a resolution passed on the this field because some members of their 30th August 1955 at the 1st United Na­ family believe that if they do they may tions Congress on the Prevention of Crime become stigmatised or ostracized by their and Treatment of Offenders, the Standard friends. This has a direct bearing on the Minimum Rules for the Treatment of implementation of the Standard Minimum Prisoners were adopted. Since that time Rules due to its effect on recruitment much progress has been achieved by many causing men and women who possess the countires towards the implementation of right qualifications and other attributes the Standard Minimum Rules for the Treat­ which go towards making a good correc­ ment of Prisoners and at each successive tional officer being put off from joining United Nations Congress they have been the service. As a result of such obstacles, the subject of discussion. it is not surprising that while some coun­ The existence of these rules to persons tries have been able to generally implement who are working in the field are known; the rules, others have found it more diffi­ however, one fact which stands out is that cult to do so. they are known and understood better by some than others. U.N. Standard Minimum Rules The rules which are expressed in basic terms can be interpreted along fairly broad In the preamble to the rules, reference lines and form the basis for- is made to the fact that they are not in­ a) staff guidelines-guidelines, that is, tended to describe in detail a model system not only to satisfy local but also of penal institu tions and they seek only on international standards for the care the basis of the general consensus of and humane custody of prisoners; contemporary thought and the essential and elements of the most adequate system of b) provide information to the prisoners. the day (1955) to set out what is generally Interpreted corree;tly, they provide guide­ accepted as being good principles and lines on conditions of confinement and practice in the treatment of prisoners and how one can expect to be treated during a the management of institutions. Attention period of detention. is drawn to the fact that in view of the The implementation of these rules do, great variety of legal, social, economic and however, present difficulties to some geographical conditions of the world, it is authorities. Such factors as overcrowding, evident that not all of the rules were the high cost of constructing prisons and capable of application in all places and at other correctional institutions particularly all times. However, it was considered that in the face of other demands on govern­ their adoption would serve to stimulate ment financial resources in such fields as efforts to overcome practical difficulties medical, education, social welfare etc. U8U- in the way of their application in the

60 CORRECTIONS IN ASIA AND THE PACIFIC knowledge that they represent as a whole ventilation; the minimum conditions which are accept­ (b) Artificial light shall be pro­ ed as suitable by the United Nations. vided sufficient for the prisoners However, it is appreciated that the rules to read or work without injury to actually cover a field in which thought and eyesight.; practices are constantly developing and The sanitary installations shall be drew attention to the fact that they were adequate to enable every prisoner to not intended to preclude experiments and comply with the needs of nature when practices providing such are carried out in necessary and in a clean and decent the spirit of the principle. manner. Recognising that the rules were intro­ Adequate bathing and shower instal­ duced over 27 years ago, it is not surprising lations shall be provided so that every that with the passage of time there is now prisoner may be enabled and required to a need to consider amendments at least to have a bath or shower, at a temperature some of the rules. suitable to the climate, as frequently as necessary for general hygiene according Accommodation to season and geographical region, but at least once a week in a temperate The rules referring to 'accommodation' climate. read as follows: All parts of an institution regularly "Where sleeping accommodation is in used by prisoners shall be properly individual cells or rooms, each prisoner maintained and kept scrupulously clean shall occupy by night a cell or room by at all times." himself. If for special reasons, such as In practice, the reference to this rule temporary overcrowding, it becomes with regard to 'temporary' overcrowding necessaty for the central prison admini­ creates wOrse conditions by ruling out two stration to make an exception to this to a cell which by implication points to rule, it is not desirable to have two three. To accommodate three persons in prisoners in a cell or room. a cell which has only been designed for Where dormitories are used, they one sets -the stage for the creation of shall be occupied by prisoners carefully conditions far worse than if only two were selected as being suitable to associate accommodated in it. In other words, a with one another in those conditions. 200% overcrowing factor when it need There shall be regular supervision by only be half that. Furthermore, the present night, in keeping with the nature of the wording of this rule tends to accept over­ institution. crowding, minor or major, which (although All accommodation provided for the labelled temporary) provides a way out to use of prisoners and in particular all avoid implementation and hampers a cor­ sleeping accommodation shall meet all rectional service in its quest for additional requirements of health, due regard being accommodation. paid to climatic conditIons and particu­ Further examination of the rule also larly to cubic content of air, minimum highlights the fact that if the criterion as floor space, lighting, heating and ventila­ applied to dormitories (that they should be tion. occupied by carefully selected prisoners) In all places where prisoners are was also applied to cellular accommoda­ required to live or work- tion, there is no reason why two prisoners (a) The windows shall be large carefully selected as being suitable to as­ enough to enable the prisoners to sociate with each other should not do so. read or work by natural light, and This is even more acceptable in warm and shall be so constructed that they humid climates where many cells are can allow the entrance of fresh air equipped with an open grille gate for better whether or not there is artificial ventilation rather than a solid door. This

61 EXPERTS' PAPERS rule should also be improved with regard should be given, therefore, to the question to bathing facilities. Tills could easily be of amending this rule so as to refer (as accomplished by adding after 'but at least appropriate) to a separate bed space, in once a week in temperate climates' the addition to a bed. words 'and once a day in tropical climates'. Medical Services Clothing and Bedding Rule 22 under the heading of 'medical Rule 17 relates to 'clothing and bedding' services' reads as follows: and reads as follows: "At every institution there shall be "Every prisoner who is not allowed available the services of at least one to wear his own clothing shall be pro­ qualified medical officer who should vided with an outfit of clothing suitable have some knowledge of psychiatry. for the climate and adequate to keep The medical services should be organ­ him in good health. Such clothing ised in close relationship to the general shall in no manner be degrading or health administration of the community humiliating. ' or nation. They shall include a psychi­ All clothing shall be clean and kept atric service for the diagnosis and, in in proper condition. Underclothing shall proper cases, the treatment of states of be changed and washed as often as men tal abnormality. necessary for the maintenance of hy­ Sick prisoners who require specialist giene. treatment shall be transferred to spe­ In exceptional circumstances, when­ cialised institutions or to civil hospitals. ever a prisoner is removed outside the Where hospital facilities are provided in institution for an authorised purpose, an institution, their equipment, furnish­ he shall be allowed to wear his own ings and pharmaceutical supplies shall clothing or other inconspicuous cloth­ be proper for the medical care and ing. treatment of sick prisoners, and there If prisoners are allowed to wear their shall be a staff of suitably trained own clothing, arrangements shall be officers. made on their admission to the institu­ The services of a qualified dental tion to ensure that it shall be clean and officer shall be available to eVery fit for use. prisoner. Every prisoner shall, in accordance In women's institutions there shall be with local or national standards, be special accommodation for all necessary provided with a separate bed, and with pre-natal and post-natal care and treat­ separate and sufficient bedding which ment. Arrangements shall be made shall be clean when issued, kept in good wherever practicable for children to be order and changed often enough to born in a hospital outside the institu­ ensure its cleanliness." tion. If a child is born in prison, this Reference to being provided with a fact shall not be mentioned in the birth separate bed is relevant for, in the western certificate. sense, this usually refers to a piece of furni­ Where nursing infants are allowed to ture for reclining and sleeping typically remain in the institution with their consisting of a flat rectangular frame with mothers, provision shall be made for a a mattress resting on sorings. In practice, nursery staffed by qualified persons, however, it is common ou tside of Europe where the infants shall be placed when particularly in many countries in Asia for they are not in the care of their mothers. people to normally sleep on a mat which The medical officer shall see and is usually on a raised platform above the examine every prisoner as soon as pos­ ground. Such a platform may accommo­ sible after his admission and thereafter date one or several persons. Consideration as necessary,with a view particularly to

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the discovery of physical or mental have some knowledge of psychiatry. In illness and the taking of all necessary fact, in some countries particularly where measures; the segregation of prisoners institutions are small and in remote areas, suspected of infectious or contagious there is sometimes great difficulty in conditions; the noting of physical or making available a medical officer on a mental defects which might hamper daily basis. rehabilitation, and the determination of While no one would deny that if such the physical capacity of every prisoner were possible it would be advantageous to for work. have a qualified medical officer who has The medical officer shall have the some knowledge of psychiatry. They plain care of the physical and mental health fact is that medical officers with such of the prisoners and should daily see knowledge are not available to the correc­ all sick prisoners, all who complain of tional service in sufficient numbers in the illness, and any prisoner to whom his Asian and Pacific region and it is unlikely attention is specially directed. that this position will change appreciably The medical officer shall report to in the foreseeable future. It would there· the Director whenever he considers that fore be helpful to include the words 'it is a prisoner's physical or mental health desirable that he/she' instead of the word has been or will be injuriously affected 'who'. by continued imprisonment or by any condition of imprisonment. Prisoners under Sentence The medical officer shall regularly inspect and advise the director upon: The operation and administration of (a) The quantity, quality, prepara­ correctional institutions requires the use of tion and service of food; a variety of management and administrative (b) The hygiene and cleanliness of skills. A correctional administrator must be the institution and the prisoners; capable of recognising and dealing with (c) The sanitation, heating, light­ various correctional problems and must be ing and ventilation of the institution; in a position to apply management and Cd) The suitability and cleanliness administrative know-how in order to pro­ of the prisoners' clothing and bed­ duce solutions to such problems. One ding; important area is that devoted to convicted (e) The observance of the rules prisoners and amongst other things it calls concerning physical education and for the involvement of a high proportion sports, in cases where there is no of available manpower, specially designed technical personnel in charge of these buildings and finance. Such factors within activities. a correctional service can be referred to as The director shall take into consider· 'scarce resources', and the more one can ation the reports and advice that the avoid the use of high security institutions medical officer submits according to which make great demands on such scarce Rules 25 (2) and 26 and, in case he resources the more economical will be the concurs with the recommendations cost of the service. made, shall take immediate steps to give It is helpful administratively if persons effect to those recommendations; if convicted and given

63 EXPERTS' PAPERS all persons through one institution, thus offender, the first offender, and those with reducing pressure on accommodation and a short criminal history from the recidivist staff. or old offender. Immediately after admission, there is The Standard Minimum Rules referring the necessity for all persons to be informed to classification and individualisation state of their rights and privileges, the procedure that the purposes of classification shall be: regarding appeal, and for assistance to be (a) To separate from others those given to them in order to help in the prisoners who, by reason of their preparation of applications for legal aid criminal records or bad characters, and appeals. are likely to exercise a bad influence; Concurrently and of equal importance is (b) To divide the prisoners into the necessity for them to be interviewed classes in order to facilitate their with the aim of assisting them to settle treatment with a view to their social down and to identify family or other rehabilitation. problems which may have arisen as a result So far as possible, separate institu­ of their imprisonment. Such work as this tions or separate sections of an insti­ could best be done while prisoners are in tution shall be used for the treatment of a form of induction programme designed the different classes of prisoner. to assist in every way possible to tackle As soon as possible after admission problems on admission. and after a study of the personality of The period of time in the induction each prisoner with a sentence of suitable process could vary from 7 to 21 days and length, a programme of treatment shall should be used to observe attitude and be prepared for him in the light of the behaviour, the results of which are most knowledge obtained about his individual useful to a classification/categorisation needs, his capacities and dispositions." board. Ordinary classification has in years gone by assisted the prison authorities in their Classification and Individualisation aim for better management within institu­ tions. It does, however, have its limitations Rules 67 to 69 under the heading 'Clas­ and while identifying certain groups within sification and Individualisation' clearly lay a prison population it requires something down guidelines for this purpose. more to be done to further refine the The classification and individualisation process in order to improve individual of all persons admitted into penal institu­ identification, otherwise it is left to the tions on valid warrants of detention is rule of thumb which is most unsatisfactory. essential. This not only benefits the staff A case-in-point is that of the dangerous and improves the atmosphere within the offender. In the event of an escape of this institution but in particular benefits each category of person, there is understandably individual prisoner. Those who work in a great deal of indignation by members penal institutions are well aware of the of the community. Such offenders are necessity to have laid-down guidelines for not easily identified through the normal classification without which it would be classification method and their escape does chaotic and correctional institutions would a lot of damage to penal programmes and be unable to function in the way in which to the service itself. In particular, if a they are intended to in support of law and person has not been categorised as a order. dangerous offender and the escape takes A good classification system, therefore, place from a minimum security establish­ assists the staff to improve and expand ment, it raises a number of questions and programmes directed towards the cor­ casts doubt on the ability of the service rection of the offender. Through a pro­ to function efficiently for the protection gramme of classification, we separate the of the community which, insofar as any sexes, identify the young from the adult good correctional service is concerned, is

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an essential aspect of its work. serve his sentence in minimum security No one would disagree that there is conditions. now and will continue to be a need for As a result of this categorisation scale, maximum security conditions for violent one is able to establish a base and decide offenders and others who pose a threat to the conditions of security to which the the community. However, confinement in individual prisoner should be subjected a maximum security prison calls for a during the time he is in a given category. higher ratio of staff to prisoner than that A combination of classification and normally found in institutions of a lower categorisation enables the authorities to security rating. probe more deeply into the background Indeed the demand on secure accom­ of each individual prisoner and as a result, modation and staff makes it expensive and due to the refining of the prison pop­ uses up a large proportion of the scarce ulation into more compatible groups, resources that a correctional service has prisoners will in general be more amenable at its disposal. Therefore, it is important not only with each other but also with the to determine, if possible, at the beginning staff. This causes less friction and allows of a sentence, those who fit into this the staff to concentrate on the training category. programme rather than having to always The accommodating of a large number keep a close watch on those who do not or of offenders in institutions with a security will not respond in a positive way. rating below maximum presents the op­ Good categorisation will contribute to portunity to plan a correctional programme an improved method of identification of in an establishment with a less artificial the dangerous offender, the one whom it is environment in which to carry this out, necessary to subject to a far greater degree also without the additional staff and costly of supervision and control than is normally physical aids that go with maximum secu­ necessary for the average prisoner. In other rity it is less expensive. To decide who goes words, the one who requires staff to con­ where, therefore, calls for a categorisation centrate on watching him not others. It system which can run in tandem with clas­ will assist in singling out for special atten­ sification. tion the compulsive and violent prone Categorisation is supportive to classifi­ offender who poses a threat to the staff cation in that it helps identify the security and to other prisoners. It benefits the grading that shoudl be given to an individ­ greater majority of prisoners because ual prisoner and such security gradings can among other things it helps to identify and be based on several categories: assist the staff to render ineffective the CategOlY A can be given to a prisoner potential gang leader or the prisoner who whose escape would be considered to be will try by any means to impose his will on highly dangerous to the public or to the others if given the opportunity. police or to the security of the state and Of particular importance is the nceessity for whom the very highest conditions of to create conditions of compatibility which security are necessary. will enable individual prisoners to be able CategOlY B can be given to a prisoner to serve their sentence without interference for whom the very highest conditions of from others. security are not necessary but for whom It would be useful, therefore, if specific escape must be made very difficult. reference were made to a programme of Category C can be given to a prisoner induction under Rules 67 to 69 which is who cannot be trusted in minimum secu­ not only desirable but also essential in the rity conditions but lacks any ability or interest of staff and prisoners. resource to make a determined bid to escape. Work Finally, CategOlY D can be given to a prisoner who can reasonably be trusted to Rules 71 to 76 refer to 'work' ancI it is

65 ------~ - ~--~-- ~-~-~

EXPERTS' PAPERS interesting to note that when the Council specific trade or skill has severe limitations of Europe produced Standard MininlUm and the main aim of any work programme Rules for the Treatment of Prisoners in for such prisoners should be to develop a Europe, the word 'shall' in Rule 71 (2) of good work habit so that they are prepared the United Nations Standard Minimum to obtain any form of lawful employment Rules has been replaced by the word 'may'. on discharge. Most short-term prisoners Such a modification, while it is contrary to can be utilised in different projects outside the spirit of the United Nations Standard of the perimeters of an institution. Af­ Minimum Rules, is also not acceptable to forestation is but one of these activities many countries in the Asian and Pacific along with improvements to the country­ Region where the emphasis is still most side in which the investment of such labour certainly on 'shall'. It could be that the is not only rewarding to the individual so modification to the word 'shall' has employed but also to the many members originated in Europe because of the op­ of the community who will enjoy the fruits position by some trade unions to the of their labour; this includes of course the provision of certain work for prisoners prisoner who may do so after he is dis­ which hampers the correctional authorities' charged. efforts to find suitable work for convicted Community projects on which short­ prisoners. term prisoners can be employed are not In general terms it can be stated that the too difficult to find, particularly in rural objectives of vocational and industrial areas where there is always the difficulty of training are- finding the necessary funds to carry out a) To provide an inmate with a level of small projects or because contractors are training and skills which suit his reluctant to undertake such projects owing aptitude and capacity to enable him to distance. Such work, therefore, can be to compete for related and satisfying done by prisoners to the benefit of all. employment upon discharge; This means that prisoners serving longer b) To give him confidence, satisfaction sentences and prisoners who are mainly and self-respect to acquiring these confined to medium or maximum security new found skills so that he may ad­ prisons can be employed in workshops on just more readily to normal society various trades. after discharge and refrain from a The actual training of inmates calls for deviant way of life; qualified and experienced instructors. Such c) To cultivate good work habits; and staff form an important part of a correc­ d) To assist in reducing part of the costs tional service's resources and playa special of an inmate (no matter how small) role in the correctional programme. Spe­ of his own maintenance whilst in cialist staff have the responsibility for custody. directing and controlling the technical Prisoners need something purposeful to aspects of all industrial and vocational do to occupy their minds so as not to dwell training programmes, and the director in on the restraints imposed by an institu­ charge of the institution has the responsi­ tional life. The fundamental principle that bility for the day-to-day operation of the man basically wants to keep himself oc­ workshops and for the day-to-day manage­ cupied and be able to do something useful ment of the instructing staff engaged in and constructive can be utilised for good. teaching and supervising. The more professionally orientated and In some cases emphasis can always be rigorous the programme of industrial and given to on-the-job training where practical vocational training, the better will be the skills can be acquired through the actual result not only to the offender but also to learning process. When devising courses of others by putting minds and energy to this kind, it is essential to have regard to gainful employment during incarceration. the educational and intellectual standards Training of short-term prisoners in a particularly in the case of the young of-

66 CORRECTIONS IN ASIA AND THE PACIFIC fenders. In most cases they will have during their period of detention. This reached a correctional institution due to could be achieved by the insertion of an a wayward and undisciplined background additional sentence to this effect under which had interfered with their ability to Rule 71 (5). concentrate and absorb the essentials of educational training while at schooL This Institutional Personnel and is not to say that they are necessarily Staff Training unintelligent or unresponsive given the necessary stimulus to their interest, but Modern facilities are important and that at the level of which training takes most desirable in a correctional institution place due weight must be given to their particuarly for living and sleeping arrange­ more practical talents. ments; however, these are not the most Educational training must always be essential requirements. given as a con-commitment of the theoretic Correctional institutions are expensive and practical aspects of trade training. It to build especially a maximum security is, however, one thing to give training facility and the passage of time has shown and another, entirely different to have it that when such an institution is built it is recognised by an external authority which likely to remain standing for a good many does not attempt to distinguish or concern years and expected to pass the test of time. itself with regard to where the training Accordingly, in virtually all correctional takes place. For offenders on release to services world-wide, one will find buildings, take with them some tangible evidence of old and new. the skills and accomplishments they have While modern buildings will most achieved not only boosts their confidence, certainly aid the staff in carrying out their it also gains the respect of would-be em­ duties more efficiently, nevertheless, it is ployers to whom it demonstrates their the personnel who work within them who potential merit for the future rather than are of the greatest importance. It is safe their mistakes of the past. to say that a staff of poor calibre working Thus it can be said that the United within a modern facility will have little or Nations Standard Minimum Ruels relating no success in correctional work whilst staff to work are in themselves very important of the right calibre working within old for work plays a vital part in the life of buildings will still be able to plan and main­ a prisoner in an institutional setting. It tain an excellent correctional programme. would therefore be constructive and of The master key to success, therefore, lies help to correctional authorities if the in the selection, training and retention of United Nations Standard Minimum Rules suitably qualified men and women for the in their application to prisoners under correctional service. Retention calls for a sentence also carried a reference to the planned career structure and the necessary prisoner's right to work in· addition to the training facilities and programmes to ena­ fact that he shall be required to work. ble staff to develop and progress up the Such an amendment to the rules would go correctional ladder . The Standard Minimum some way towards countering the opposi­ Rules relating to correctional services per­ tion by some unions and it would also sonnel and staff training, therefore, are of generate a better response by some correc­ the utmost importance not only to the tional au thorities in their efforts to find staff themselves but to the prisoners suitable employment for prisoners partic­ confined in correctional institutions and ularly those in closed institutions. ultimately to the community who along Reference should also be made to the with the prisoners stand to gain the most desirability particularly for young pris­ from the establishment of a highly efficient oners to obtain some tangible proof of correctional service. recognition of the skill and ability they In order for the uniformed correctional have acquired by concentration and effort officer to become truly professional, an

67 EXPERTS' PAPERS

on-going system of training not only at the prison administration shall constantly seek basic level but including refresher and to awaken and maintain in the minds both development courses is required. of the personnel and of the public the Such training given at different levels of conviction that this work is a social service responsibility will assist the various per­ of great importance, and to this end all sonnel to develop along the right lines, and appropriate means of informing the public will equip them for advancement up the should be used' . promotion ladder. There is little doubt that in many It is important, however, to have built countries today, including those in the into salary scales the provision for the satis­ Asian and Pacific Region, there is a reluc­ factory retention of staff who reach the tance in some segments of society to allow limits of their ability at various levels. This sons, husbands, wives or daughters to work must be attractive possibly done in the in the correctional service. Such reluctance form of increments in order to retain their has its roots in history and is difficult to interest and initiative. The collection of overcome particularly in the countries 'dead wood' within a correctional service is where the legislation for personnel of self-destructive and should be avoided. institutions is so worded as to infer that, The correctional service is a profession although they may be involved in social and it is not generally realised that in a work of great importance, they are not modern service it takes at least two years trusted. Consequently, degrees of control of training and experience before an officer which in many cases are not realistic are begins to fully contribute to the serivce. It imposed much to the detriment of morale therefore follows that a considerable in­ and efficiency. vestment is made in the training of a It would therefore be of great value to correctional officer and such an investment recruitment and to all who work in the must not only be followed through but can correctional field if the correctional service and should be expected to make a sub­ was given better recognition in the rules as stantial contribution within the criminal a 'profession' and following the required justice system. training which could be subject to accredi­ Every person joining the service includ­ tation a correctional officer should be ing those at the basic level should be aware referred to as a 'professional'. of the fact that providing he or she proves suitable and efficient there are no impedi­ Public Relations ments to advancement in their career to the highest levels in the service providing A correctional service is a silent one, they also have the required qualifications. that is, its work is not carried out in the Such a system calls for an on-going pro­ public eye and it tends to shy away from gramme of training not only in formally publicity and the news media. Consequent­ recognised training establishments but also ly the only time you hear or read about it via in-service training within the various is when something goes wrong or when correctional facilities. Irrespective of the things appear to have gone wrong. An classification of individual institutions, all escape, a disturbance, staff in trouble, or are different and the use of even one or an ex-prisoner's account of life inside. two hours or so a week of an officer's time "The inside story". to engage in an on-going in-service training It is precisely because of this and the programme not only assists him as an distorted image which is so often projected individual to become more efficient but that it is necessary for the service to have greatly contributes to the efficiency of the an efficient information unit. Such a unit institution. can arrange for the news media to have Rules 46 to 51 of the United Nations accurate accounts of all that happens and Standard Minimum Rules refer to 'institu­ can also answer questions posed by jour­ tional personnel' and point out that 'the nalists and other sources, e.g., the unit

68 CORRECTIONS IN ASIA AND THE P ACIEe

should give a true and factual account of the community is distorted? 'life inside'. An efficient information unit can work To function efficiently, a correctional towards better recruitment and the recruit­ service requires the support of the com­ ment of staff with good qualifications-an munity for it is from the community that important factor which requires on-going a prisoner comes and to the community he pUblicity. It can accurately depict the will return. work of the staff and the aims of the • As is the case in all communities, there service. ~~~are a number of heart-warming stories The Standard Minimum Rules should which generate from inside a correctional therefore contain a reference on the need institution; despite this, little or nothing for pUblicity in order to explain the work is seen of these in the media. Is it any of the Correctional Service covering the wonder then that the image of the correc­ different types of programmes and the way tional service in the minds of members of in which they are carried out.

69 J C~I dUd!{ 1 , •

Correctio¥ Issues at United Nations Congresses on the Prevention of Crime and the Treatment of Offenders with Particular Reference to the Standard Minimum Rules for the Treatment ~f Prisoners by Kurt Neudek*

Introduction aims and purposes of the penal systems have been challenged and reassessed; the Corrections are expected to play an im­ rationale and consequences of the "treat­ portant role in crime prevention in many ment" ideology, and of the use of the countries. While it is true that one of the medical model in corrections, have been functions of corrections is social protec­ evaluated; and the sentencing process tion and that it is a means of inflicting scrutinized with a view to increasing its socially approved punishment, it has been justice and fairness and to lessening un­ increasingly emphasized that among the warrant~d disparities. At the same time principal functions of corrections is reso­ the rising level of expectations among cialization and rehabilitation of the offend­ underprivileged members of society has er. Recidivism is frequently accepted as a produced intensive pressure for the im­ useful yardstick for evaluating the perfor­ provement of conditions in penal institu­ mance of the prison administration and a tions, and the emphasis being placed on number of institutional models for the treat­ the importance of the human rights of ment of the offender have been developed prisoners has contributed to bringing C01'­ in the past such as the "medical model", rections to the forefront of public debate. the "education training" model, the sociali­ In addition, new developments in crimi­ zation model, the therapeutic model, the nality and increased prison population community treatment model, etc. Often together with unfavourable social and eco­ elements of different models are incorpo­ nonomic conditions in many parts of the rated in various treatment programmes. world have put not only corrections but the However, during the last decades, funda­ entire cr.iminal justice system under heavy mental questions have been raised all over strain and compelled them to function the world, nationally and internationally, under difficult circumstances. There is no about the role of corrections in the crimi­ doubt that, in the wake of rapid and some­ nal justice process, the relative balance of times unbalanced industrializations, urbani­ punishment and treatment as correctional zation and technological changes resulting objectives and the effectiveness of many in the weakening or breakdown of socialin· current correctional programmes and prac­ stitutions, such as the family, the clan and tices. Moreover, basic philosophical assump­ the community, prison appears to have tions about the function of imprisonment been subjected to excessive use in some of in a system of crime control have been the developed and developing countries. re-examined, and new directions and poli­ Rising crime, overcrowding in penal institu­ cies have been explored and applied. The tions and the seeming inability of some criminal justice systems to cope effectively with the new patterns and dimensions of * United Nations Social Affairs Officer, criminality have further accentuated the Crime Prevention and Criminal Justice problems of the prison administration. Branch, Centr.:' for Social Development and Humanitarian Affairs, United Nations United Nations Policy in Crime Prevention Secretariat, Vienna, Austria. The views and Criminal Justice: Changes in expressed in this article are those of the Emphasis and Perspective author and not necessarily those of the Organs or Members of the United Na­ tions. These developments have been reflected

70 CORRECTIONAL ISSUES AT UN CONGRESSES at the quinquennial United Nations Con­ later, following United Nations congresses gresses for the prevention of crime and the proposed a number of priority issues with a treatment of offenders. They are periodic view to adapting the Rules to the require­ world-wide conferences designed to pro­ ments of modern penal policy, including mote the exchange of views, expertise and the addition of a new Rule 95 on prisoners experience among Member St1tes, to detained without charge. strengthen international and regional co­ Another important topic discussed at operation and to give guidance to United the First Congress was the question of Nations policy in the area of crime preven­ prison labour, on which a number of tion and control. The congresses explore recommendations were adopted. The Con­ practical issues and devise practical solu­ gress proposed, inter alia, that all prisoners tions in crime prevention and criminal under sentence should be required to work justice, in a professional as well as in an subject to their physical and mental fit­ administrative context. Evaluation and ness as determined medically. Work was research aspects are included in the con­ not to be considered as additional punish­ sideration as far as possible. Although ment but as a means of furthering the similar congresses were formerly convened rehabilitation of the prisoner, his training by the International Prison Commission for work, the forming of better work and the Internationai Penal and Peniten­ habits, and of preventing idleness and dis­ tiary Commission, the holding of the order. Those who could not legally be Congresses under United Nations auspices compelled to work should nevertheless be since 1955 has provided a more universal allowed and encouraged to do so. forum for consultations and a better The Second Congress was held in potential for implementing the resolutions London in 1960. It dealt in the area of of the congresses. corrections with short-term imprisonment, Among the principal achievements of including individualization of the penalty the First Congress, held at Geneva in 1955, by the judge, special categories of offenders is the adoption of the United Nations and alternatives to short-term imprison­ Standard Minimum Rules for the Treat­ ment. It was observed that, wherever pos­ ment of Prisoners, the Recommendations sible short-term prison sentences should be on the Selection and Training of Personnel replaced by other penalties and measures for Penal and Correctional Institu tions and which do not give rise to the harmful effects the recommendations on Open Penal and often attributed to short-term imprison­ Correctional Institutions. Subsequently, ment. The congresses considered also pre­ the Economic and Social Council, by release treatment and after-care as well as resolution 663-C (XXIV), approved the assistance to dependents of prisoners, but Rules and endorsed the Recommendations. made no recommendations in these areas. In accordance with this resolution, Govern­ The Third Congress, which was held in ments were invited to give favourable Stockholm in 1965, discussed a number of consideration to the adoption and applica­ significant subjects related to corrections, tion of the Rules, and to take the other notably measures to comuat recidivism two groups of recommendations as fully with particular reference to adverse condi­ as possible into account in their administra­ tions of detention pending trial and in­ tion of correctional institutions. equality in the administration of justice. The Rules constitute a landmark in the In this context classification and treat­ process of penal reform. They have had sig­ ment techniques aimed at preventing and nificant impact on the laws and practices of minimizing recidivism were considered. many countries and, to a large degree, the Great attention was devoted to the im­ principles of the Rules have been incorpo­ portant issue of training prison staff and rated in prison regulations. However I since other correctional officers for their diffi­ the Rules were adopted in 1955 circum­ cult work. Moreover, problems of employ­ stances have chnnged and, as will be shown ment of prisoners, their accommodations

71 EXPERTS' PAPERS and their supervision inside and outside the phasized of community-based resi­ institutions were discussed. It was recog­ dential centres, hostels and "half-way nized that correctional treatment is an houses" for persons who were entity, which must be planned to provide a unable to adjust themselves to life continuous and integrated training and in the community. It was observed rehabilitation programme. that measures such as furloughs, Another major topic dealt with at the work-release to the community and Third Congress was probation, especially pre-release training centres can help adult probation, and other non-institution­ the offender to make a gradual al measures. Among the significant factors adjustment to life in freedom and so emerging from the discussion were the tend to prevent recidivism; following: There was widespread support for "- Probation may be considered as a unification of the relevant services treatment method in its own right, with a view to achieving a more by means of which an offender may constructive relationship between be reintegrated into society without them, for a commonly accepted recourse to traditional methods of penal philosophy for prison and corrections. Thus, it may be regarded probation officers, and for common as a major element in penal policy in training principles." both the developing and the devel­ Probation as a substitute for institution­ oped countries; alization was also one of the main subjects Since probation is a form of treat­ of discussion of a further item on the ment in the community, its develop­ agenda of the Third Congress, namely ment requires the acceptance and special preventive and treatment measures support of the pUblic. Hence, it must for young adults. Emphasis was placed on be made clear that probation serves devising methods which could resolve the not only the interest of the offender, young adults' delinquency problems within but also that of the public, and is not the community. In tllis conjunction it was inconsistent with public security. pointed out in particular that greater use The public should be made aware should be made of the services of volun­ that probation is one of the most teers in supervising probationers. effective and least costly ways of Although non-institutional treatment combating criminality. Community should be given preference, it was recog­ action in the field of probation was nized that institutional treatment with its important; attendant deprivation of liberty, is some­ Treatment should not necessarily be times necessary for certain types of young restricted to the probationer, but offenders. In such cases it was felt to be could, in some cases, be advantage­ essential that institutional vocational and ously extended to his family, educational programmes were available particularly through family-centered Which would take account of prevailing interviews; conditions relating to employment, as well Constructive human relations be­ as the offender's own occupational inter­ tween the probationer and his super­ ests, in order to meet the needs of post­ visor are an essential element in release life. rehabilitation. The rehabilitation of At the Fourth Congress, held at Kyoto the probationer depends to a great in 1970, the main item of discussion in the extent on the competence of the pro­ correctional field were the Standard bation officer; Minimum Rules for the Treatment of There was a need to bridge the gap Prisoners in the light of recent develop­ between institutional and non-insti­ ments. There were three particularly im­ tutional treatment methods. In this portant reasons that the question of connection the usefulness was em- revising the Rules and their implementa-

72 CORRECTIONAL ISSUES AT UN CONGRESSES tion had arisen. The first was the lapse of which would make possible uniform a period of the time since the adoption of reporting and data collection; the use the Rules by the First Congress in 1955. of a questionnaire for the purpose of Secondly, the United Nations Economic data collection; the question whether and Social Council, in 1957, had recom­ revision of individual rules should be mended that the Secretary-General of the entrusted to committee, commission United Nations be informed every five or working party, and specific years of the progress made by Govern­ recommendations for amendment." ments in the application of the Rules. It was decided that no formal resolu­ Thirdly, it was felt that there had been tions or recommendations concerning the developments in the field of corrections in Standard Minimum Rules would be sub­ the past fifteen years which should be mitted. Certain key concepts, however, reflected in the Ru!es. emerged from the preparatory work as a The following five problem areas were whole and from the Congress discussions: identified as the most crucial for con­ "a) The problem of the Standard Mini­ sideration by the Congress: mum Rules has elicited sustained "a) The question of the nature and scope attention and has given rise to im­ of the Rules, with particular empha­ portant comments at the highest sis on the possible need for recasting level. The problems remain very the Rules so as to correspond with acute and continue to give rise to the two distinct subject areas they increasingly difficult questions, be­ covered: the human rights aspects, cause of their human and social and sound correctional practices; implications; b) The extent of applicability of the b) A programme of persuasion and ac­ Rules, or the question of jurisdic­ tion was recommended to promote tion, i.e., who was to be covered by the spirit of the Rules and training the Rules. There was also the ques­ in the specific methods required for tion of extending the Rules to per­ their implementation." sons subjected to new correctional The Fifth Congress, held at Geneva in practices which did not fall into the 1975, took up the subject of corrections category of full-time institutional­ under its agenda item entitled: "The treat­ ization; ment of offenders, in custody or in com­ c) The status of the Rules, or the ques­ munity, with special reference to the tion of elevating the Rules, or a implementation of the Standard Minimum part thereof, to the level of a General Rules for the Treatment of Prisoners Assembly resolution, declaration or adopted by the United Nations". The convention; Congress addressed itself to the following d) The question of the implementation key issues: of the Standard Minimum Rules, a) Alternatives to imprisonment; whether national or international, or b) Factors in correctional reform; the search for new and improved c) The Standard Minimum Rules in a methods of implementing the Rules climate of change; and through education, reporting, moni­ d) Protection of all detainees against toring, seminars, travelling faculties, torture and other inhuman treat­ etc. Allied to that area was the ques­ ment. tion of financial and budgetary al­ It was in this last area, namely the locations to develop implementation prevention of torture, where the Congress programmes; had its greatest impact on future develop­ e) The question of the need for techni­ ments and where it provided new dire~­ cal revision, with particular emphasis tions for United Nations work in crime on the possible need for simplifying prevention and criminal justice. The and redrafting the Rules in a manner Congress unanimously adopted the De-

73 EXPERTS' PAPERS claration on the Protection of all Persons along with special analytical studies from Being Subjected to Torture and Other u!.1der United Nations auspices to Cruel, Inhuman or Degrading Treatment or assess the effectiveness of various Punishment. The Declaration was sub­ forms of imprisonment; sequently adopted by the United Nations d) The Standard Minimum Rules for the General Assembly in its resolution 3452 Treatment of Prisoners should not be (XXX), which recommended that it serve substantively revised, but considera­ as a guideline for all States and other tion should be given to the need for entities exercising effective power. It revising specific rules to assure that proclaims, in reference to Article 5 of the they are not in conflict with correc­ Universal Declaration of Human Rights and tional policies and practices; Article 7 of the International Covenant on e) A suitable commentary on the Rules Civil and Political Rights, that no one may should be drafted with special be subjected to torture or cruel, inhuman attention to regional considerations or degrading treatment or punishment. and cultural factors, and an easily The Declaration then deals with a number understandable brochure should also of detailed measures against torture such as be prepared; the training of law enforcement officials, f) More vigorous efforts should be the treatment of detained persons, and undertaken to assure the dissemina­ provisions of criminal law and procedure tion of the Rules in line with the against acts of torture and other cruel, draft procedures outlined in annex inhuman or degrading treatment or punish­ III of the working paper on the treat­ ment. In related resolutions the General ment of offenders (A/CONF.56/6); Assembly took measures for the elabora­ g) The United Nations, through appro­ tion of additional standards with a view to priate bodies and agencies, should implementing the Declaration, among them strongly encourage t1:e full imple­ the Code of Conduct for Law Enforce­ mentation of the Standard Minimum ment Officials, adopted by the Assembly in Rules throughout the world and of­ 1979, the Draft Convention on Torture fer assistance in this respect to and Other Cruel, Inhuman or Degrading countries requesting it; Treatment or Punishment, the Draft Code h) There was a need to strengthen of Medical Ethics and the Draft Body of inmate grievance procedures through Principles for the Protection of all Persons provisions for recourse to an in­ under any Form of Detention or Imprison­ dependent authority such as an om­ ment. budsman; In addition to the adoption of the Anti­ i) The United Nations should give Torture Declaration, the follOWing con­ serious consideration to the need for clusions and recommendations in the a continuing mechanism for the area of corrections were agreed upon: implementation of the rights of "a) The use of imprisonment should be prisoners-for example, through the restricted to those offenders who establishment of a sub-committee needed to be neutralized in the of the Committee on Crime Preven­ interest of public safety and for the tion and Control-but particularly protection of society; through the continuation of the b) A broad range of supporting after­ services of the Working Group of care services and greater community Experts on the Standard Minimum involvement in facilitating the re­ Rules or through the creation of a integration of the offender into the new committee 011 the treatment of community should be provided for; prisoners; c) A general reassessment of the pur­ j) In order to facilitate the return to poses as well as the effectiveness of their domicile of persons serving sen­ correctional systems was needed, tences in foreign countries, policies

74 I

CORRECTIONAL ISSUES AT UN CONGRESSES

and practices should be developed by scientific co-operation and policies directed utilizing regional co-operation and towards crime prevention in the context starting with bilateral arrangements; of political, economic, social and cultural k) The United Nations should develop development. new rules for the treatment of of­ The Sixth congress in its resolution 1, fenders in the community, a task also invited all States to ensure, in the which could be undertaken in two process of implementing measures of eco­ phases-the first would concern itself nomic development, simultaneous realiza­ with the articulation of principles tion of adequate measures of a social and and standards for programmes that cultural nature. Such measures should are an alternative to imprisonment, reach the entire population and Ilbove all while the second might address those groups and sections which, by virtue itself to guidelines concerning the of their economic and social status, need content of the programmes." them most. For this purpose broader The main accomplishment of the Sixth public participation in each State in the Congress, held at Caracas in 1980, was implementation of the above-mentioned the unanimous adoption of the Caracas social and cultural measures, as well as Declaration. The Declaration recognizes other activities aimed at crime prevention the significant increase in crime, including should be promoted. new forms of criminality in various parts In this context the Congress considered of the world, and stressed that "the success correctional issues under its agenda item of criminal justice systems and strategies 6 entitled: "Deinstitutionalization of cor­ for crime prevention, especially in the light rections and its implications for th(' residual of the growth of new and sophisticated prisoner". Among the relevant resolutions forms of crin1e and the difficulties en­ of the Congress are resolutions 6 and 11 countered in the administration of criminal on prevention of torture, resolution 12 justice, depends above all on the progress on the implementation of the Code of achieved throughout the world in improving Conduct for Law Enforcement Officials, social conditions and enhancing the quality resolu tion <14 on human rights instruments of life". For this purpose crin1e prevention and their implementation for prisoners and and criminal justice should be considered further resolutions dealing with alternatives in the context of economic development, to imprisonment, specific needs of women political systems, social and cultural values prisoners, development of measures for and social change, as well as in the context social resettlement of the imprisoned, and of the new international economic order the elaboration of a model agreement for and programmes for crime prevention and the transfer of foreign offenders to their the treatment of offenders should be based home countries. on the social, cultural, political and eco­ In accordance with mandates of the nomic circumstances of each country, in Sixth Congress and the General Assembly, a climate of freedom and respect for several of these subject matters will also be human rights. Moreover, Member States among the items on the agenda of the should develop an effective capacity for forthcoming Seventh Congress in 1985. the formulation and planning of criminal For example, the Sixth Congress requested policy, and all crime prevention policies the General Assembly to include a specific should be co-ordinated with strategies item concerning the implementation of for social, economic, political and cultural human rights for prisoners in the agenda development. The General Assembly not for the Seventh Congress. At the same time only endorsed the Caracas Declaration by the Sixth Congress recommended that the consensus in its resolution 35/171, but Committee on Crime Prevention and urged the international community to Control, which is the United Nations organ

make concerted j systematic efforts to principally charged with the prepara tion co-ordinate and stimulate technical and for the 1985 Congress, should prepare

75 EXPERTS' PAPERS reports on alternatives to imprisonment to which its various sectors are genuinely and on measures for the social resettlement capable of meeting the real problem of the of the imprisoned for submission to the community at large of their clientele. The next Congress. The Congress will deal with efficiency of the system in that respect is these and related correctional topics under regulated by conditions of recruitment and its agenda item entitled: "Formulation and quality of training. Both those activities application of United Nations standards may lead to the development of officers and norms in criminal justice". In this highly capable not only technically but connexion the Congress is expected to also in understanding the human problems focus on the significant potential role of in the daily accomplishment of their deli­ corrections in crime prevention as an in­ cate tasks. It has been demonstrated that tegral part of the criminal justice system, good training can facilitate increased co­ closely linked to a complex of social operation and mutual trust between services. corrections and the public. The public, by its attitude, may affect the efficiency Corrections from the Viewpoint of of the criminal justice system but, on the Crime Prevention and Criminal other hand, well-trained correctional of­ and Social Justice ficers can assist greatly in the education of the pUblic. Pending future recommendations and Corrections, in fact, is only one sector, conclusions of the Seventh Congress, or sub-system, of the criminal justice United Nations work in the area of cor­ system and cannot be dealt with in isola­ rections is based at present on the Caracas tion. Changes in the operation and policies Declaration and the resolutions of the of anyone sector, for example, police and Sixth Congress, which provide a new courts, affect the others, with continuous direction to traditional crime prevention feedback effects among all of them. and criminal justice strategies as well as Furthermore, from a budgetary point of penal policy. One basic consideration is view, in terms of both money and person­ that prevention strategies cannot be limited nel, the different sub-systems compete, to the criminal justice system. The most to some extent, for limited resources; and, effective tools for preventing criminality in turn, the criminal justice system as a are the solutions of social, economic and whole competes for resource with other cultural problems affecting broad sections systems, such as those for the delivery of of the population. Police, courts and health, education and other services. In corrections are viable tools for preventing such a systt:'l11S approach, those offenders criminality. However, an effective ap­ received by the correctional administra­ proach requires a more extended en­ tion are the sub-systems' input, those deavour. Prevention would involve all the sentenced to institutional or community various sectors of society, not only public treatment- the correctional population; structures-centralized or decentralized­ and those discharged constitute the sub­ which have competence beyond the crimi­ system's output, some portion of which nal justice system but also voluntary may return to the sub-system as its input organizations and the public at large. Even in the future, that is, the recidivist. Using within the criminal jllstice system, new this approach, it is evident that the main methods may be reqllired to deal with decisions affect both the input and the criminals and delinquents. The more output of the correctional sub-systems. repressive approach often alienates the Effective flow of information, integration public and makes wrongdoers resistant and co-ordination among all of them are to persuasion and change. therefore essential, so that gains in effec­ The criminal justice system, commonly tiveness in one sector are not offset by a referred to as the formal control system, decrease in effectiveness elsewhere. can play a preventive role to the extent In addition, it may be appropriate to

76 CORRECTIONAL ISSUES AT UN CONGRESSES focus efforts in the future even more The Sixth United Nations Congress upon the further development of a rational on the Prevention of Crime and the system as delivery and social services Treatment of Offenders, along a continuum which extends from the AcknOWledging the importance of time at which the offender is arrested or developing alternatives to the sanction otherwise enters the criminal justice system of imprisonment, until his reintegration into society. Such a Recognizing that, nevertheless, im­ social service system, linked to the rehabili­ prisonment cannot be wholly dispensed tation of the offender, would be com­ with, plemented by a criminal justice system, Noting that in many countries efforts the components of which would closely are being made to reduce the negative co-operate. Moreover, the linkages between effects of imprisonment by intensifying corrections and social services would be the social contact of the prisoner with strengthened with a view to ensuring that the world outside prison, the offender is provided a better oppor­ 1. Recommends that Member States: tunity to function as a law-abiding citizen (a) Should seek to promote mea­ after his release. Especially in the develop­ sures aimed at keeping sentences ing countries there is a pressing need and involving deprivation of liberty as ample scope for stimulating an active inter­ short as possible, having regard when­ action between social welfare and social ever possible to the protection of the defence. pUblic; Accordingly, there is a growing aware­ (b) Should ensure that their pris­ ness in many countries that large numbers on systems are sufficiently differen­ of persons who come into contact with the tiated to allow the assignment of criminal justice system, together with their inmates in accordance with their families, present problems which require needs, so as to facilitate their place­ the assistance of other social services. ment in open institutions wherever Increasingly, public non-correctional agen­ possible, either from the beginning cies have come to identify the offender as or in the course of their prison a member of an important target group for sentences; their efforts. For example, there has been (c) Should seek to maintain and a broad expansion of public health pro­ develop the personal and social grammes, work-training plans, vocational relationships of the prisoner by rehabilitation service and family coun­ making generous provision for corre­ seling to offenders and their immediate spondence and visits, as well as for families. In some instance community leave from the prison; services are organized which focus their (d) Should plan and carry out efforts on the reintegration of the offender measures designed to facilitate the into the community. post-release adjustment of the inmate At the United Nations congresses, in in society, in close co-operation with particular at the Sixth Congress, there has the various correctional bodies and been a clear awareness of the interrelation­ social agencies; ship between the system of correctional (e) Should ensure to the greatest services and the larger system of social possible extent that opportunities are services. The Sixth Congress adopted a made available for the development significant resolution on this and related of the prisoner's educational poten­ subject matters which reads as follows: tialities and for training in social and technical skills, and that efforts are "Resolution 10. Development of made to motivate prisoners to use measures for the social resettlement such opportunities; of the imprisoned. (f) Should promote the training

77 EXPERTS' PAPERS

and education of prison staff so that Convinced that alternatives to prison they may contribute positively to the sentences can in many cases be equally implementation of these measures; effective, (g) Should inform the public Believing that the tendency observ­ about the purposes of these measures able in many countries to avoid impos­ for social resettlement of the im­ ing prison sentences as far as possible prisoned and encourage public ac­ can be taken furtller without undue risk ceptance of them; to public safety, 2. Invites Governments to report to A ware that it is necessary not only to the Secretary-General every five years develop existing alternatives, such as on developments in this field; probation and work serving the com­ 3. Requests the Committee on Crime munity, but also to encourage the Prevention and Control to consider the development of a range of sanctions to question of the development of mea­ enable courts to select the particular sures for the social resettlement of the sanction best suited to the individual imprisoned at the earliest date, and­ case, in the context of a revision of the 1. Recommends that Member States: Standard Minimum Rules for the (a) Should examine their legisla­ Treatment of Prisoners thdt would tion with a view to removing legal encourage the utilization of these obstacles to utilizing alternatives to concepts-to prepare a report on the imprisonment in appropriate cases, in extent to which such measures are countries where such obstacles eXist; being utilized for submission to the (b) Should identify various new Seventh United Nations Congress for alternatives to prison sentences that the Prevention of Crime and the Treat­ could be implemented without un­ ment of Offenders". due risk to public safety, with a The Congress further considered con­ view to possible incorporation into temporary developments in correctional legislation; theory and practice which have brought (c) Should endeavour to make about a shift of emphasis from institutional the necessary resources available for detention towards treatment in the com­ carrying out alternative sanctions and munity at large or in conditions of semi­ ensure, in accordance with their liberty. In view of the continuing trend national laws, the appropriate use of towards greater reliance upon the com­ those sanctions to the maximum munity and substantial evidence of the extent possible, in particular bearing effectiveness of alternatives to imprison­ in mind the need to respond to the ment, the Congress adopted the following specific requirements of disadvan­ resolution: taged and vulnerable groups in cer­ tain societies; "Resolu tion 8. Alternatives to (d) Should consider means for imprisonment the effective involvement of the The Sixth United Nations Congress various components of the criminal on the Prellentioll of Crime and the justice system and the community Treatment of Offenders, in the continuing process of develop­ Acknowledging that imprisonment ing alternatives to imprisonment; remains an appropriate sanction for (e) Should encourage wider com­ certain limited offences and offenders, munity participation in the im­ Recognizing the social benefits that plementation of alternatives to accrue to society from dealing with its imprisonment and in activities aimed deviant members to the extent possible at the rehabilitation of offenders; within the community, (f) Should evaluate legal and ad­ ministrative procedures with a view

78 CORRECTIONAL ISSUES AT UN CONGRESSES

to reducing to the extent feasible as it decreases the number of inmates and the detention of persons awaiting thereby contributes to strengthening the trial or sentencing; capacity of the institution to improve (g) Should make efforts to in­ correctional programmes for more effec­ form the public of the advantages of tive rehabilitation.1 At the same time the alternatives to imprisonment, to question may be raised as to the desirabil­ encourage public acceptance of these ity and feasibility of preparing a new set measures; of minimum guiding rules for offenders (h) Should ensure that the pres­ under community treatment comparable ent resolution is widely circulated with and parallel to the Standard Minimum in the concerned organizations, agen­ Rules.2 Such new Rules might deal, e.g., cies and institutions. with question concerned with the assur­ 2. Calls upon the Secretary-General ance of respect for the human dignity of to provide advice and support on re­ the offender and the obligations of the quest from Member States and to supervising authorities towards those sen­ facilitate co-operation among Member tenced to penalties involving elements States interested in developing alter­ of community treatment, semi-liberty and natives to imprisonment; social control. Because of the different 3. Invites Governments to consider situation and circumstances of non-cus­ reporting to the Secretary-General every todial correctional programmes the United five years on developments in this field; Nations Standard Minimum Rules for the 4. Requests the Committee on Crime Treatment of Prisoners may not be readily Prevention and Control to consider the applicable to or suitable for convicted of­ question of alternatives to imprisomnent fenders under community treatment; and at the earliest date, and to examine the the same seems to be true, to a large extent possibility of preparing a report on the at least, of the recommendations on Open extent to which such alternatives are Penal and Correctional Institutions con­ being utilized for submission to the tained in the annex to Rules. Seventh United Nations Congress on the A further essential means which has Prevention of Crime and the Treatment been suggested at various Congresses with of Offenders." a view of promoting the reintegration of offenders in to society is effectively linking The United Nations Standard Minimum their rehabilitation to related social ser­ Rules for the Treatment of Prisoners: vices. The need to establish this linkage is Some Issues of Current Relevance strongly emphasized in the Rules, especial­ ly in rules 61,64,74,80 and 81. However, Although sentences involving depriva­ difficulties have frequently been encoun­ tion of liberty gradually are being replaced tered in providing the requisite ways and wherever possible, by penal measures means for the achievement of thIs objec­ which are equally effective but do not tive. To this purpose the United Nations give rise to the drawbacks inherent in Committee on Crime Prevention and Con­ imprisonment, detention in a penal institu­ trol recommended that consideration may tion nonetheless remains an indispensable be given to the follOWing principles: 3 penal sanction in certain cases and is still "- The right of offenders to receive often applied. It is in this context that the social services should be formally impact of alternatives to imprisonment on recognized and emphasized; the implementation of the Standard The social services available to all Minimum Rules for the Treatment of persons in the community should be Prisoners needs careful consideration. available also to those discharged The increased use of alternative mea­ from prison, and the principles of sures certainly facilitates the more ef­ "lesser eligibility" should not apply fective implementation of the Rules, at any stage of the criminal justice

79 EXPERTS' PAPERS

process; against individuals serving sentences in The forms of delivery of social ser­ other than their home countries. vices, organizationally, should be The strong international interest in culturally appropriate; the foreign offender is attested, for ex­ Traditional agents of social control, ample, by a number of bilateral and such as the extended family and multilateral agreements on the transfer social and ethnic associations in of foreign prisoners, as well as by the urban areas, should be encouraged considerable and continuing work on to reintegrate offenders; this issues by various intergovernmental The work of all agencies should be and non-governmental organizations and harmonized in accordance with re­ meetings. They include the Council of levant cultural traditions. Although Europe, the Alliances of Non-Govern­ social services can never take over the mental Organizations in Crime Prevention work or function of criminal justice and Criminal Justice in Vienna and New agencies, the need for an effective York, the second Asian and Pacific Con­ working relationship between the ference of Correctional Administrators, two should be emphasized at the held at Bangkok, Thailand, ;n 1981, and national and local level; the European Assembly for Prlbation and The importance of the availability After Care, which held a Sl:allmar on the of social services, starting at the foreign offender at Brunn am Gebirge moment of arrest, should be empha­ near Vienna, Austria, likewise in 1981. sized; In this context it may be recalled that The training needs of the staff in the Sixth Congress, in its resolution 13 social service agencies-and in other entitled "Transfer of Offenders", called agencies likely to come into contact for international co-operation in order to with or be influenced by social establish procedures that provide for the service agencies-should be examined return of persons convicted of crime and adequately met. This would abroad to their home country to serve the include an understanding of the sentence, thereby facilitating the process implications of working within the of reintegration into society. In the same criminal justice system for those not resolution the Congress reyuested the experienced in it; United Nations Committee on Crime Pre­ The role and appropriate use of vention and Control to give priority to the volunteers, in addition to profession­ development of a model agreement for al staff, should be examined, defined the transfer of offenders, with a view to and expanded." presenting it to the General Assembly for There also appears to be consensus on consideration as soon as possible. another priority item of a more particular In addition to developing this model kind to which attention may be drawn in agreement, the United Nations has turned reviewing the Rules: the foreign offender its attention to other aspects associated and ways and means to meet specific with the problem of foreign offenders, needs, including the transfer. This subject notably the rehabilitation of individuals is of growing significance in view of the while they are in countries that are 110t enlarged numbers of foreign offenders their own. The whole subject will be also over the past years with increased mobility on the agenda of the Seventh United of peoples and marked differences in Nations Congress on the Prevention of socio-economic development between one Crime and the Treatment of Offenders in country and another. Difficulties of 1985, in accordance with the recommen­ communication by reason of unfamiliarity dation of the Committee on Crime Preven­ with local culture and habits, language tion and Control at its seventh session held barriers, and the absence of contact with at Vienna in 1981. The recommendation relatives and friends tend to discriminate was based on a statement on "The Foreign

80 CORRECTIONAL ISSUES AT UN CONGRESSES

Prisoner" 'vhich was submitted to the Com­ made available to women offenders on a mittee jointly by the International Prisoners equal basis with male offenders. The Aid Association and Jaycees Internationa1.4 Seventh Congress as well as the next World Another pertinent and timely subject Conference on the United Nations Decade in discussing the possible review of the for Women (Nairobi, Kenya), both of Standard Minimum Rules may be the which will be convened in 1985, may wish specific problems of the elderly offender to continue consideration of these and and the means for their solution. This issue related questions. may deserve particular consideration in Another field in which according to view of the magnitude of questions related some suggestions the existing Rules could to the aging population and the increased advance is that of strengthening procedures longevity as a phenomenon of global for grievances of detainees, allowing them significance. to lay down claims to national and possibly, Often elderly offenders do not receive in the opinion of some, to international the same attention as do younger offenders authorities. In this connexion it is being with respect to correctional programmes emphasized that the independence and for more effective rehabilitation, whether therefore the impartiality of these author­ institutional or community based. This has ities would be of greatest importance. various reasons, including the misleading It may be recalled that remedies for the stereotype of the old as not worthy of resolution of inmate grievances are con­ investment. Conversely, there is of course, tained in the Standard Minimum Rules for in addition, the related but distinct prob­ the Treatment of Prisoners, in rule 35-36 lem of criminal victimization of the elder­ ("Information to and complaints by pris­ ly, an issue of equally great importance. oners") and rules 37-39 ("Contacts with The United Nations World Assembly on the outside world"). They might be Aging, which took place at Vienna, in complemented by providing for inmate 1982, stimulated discussion of some of grievance procedures through provisions these concerns. Some aspects of the for recourse to an independent authority questions related to the elderly offender such as an ombudsman. have also been considered by the Ninth In this connexion, reference may be International Conference and Membership made to General Assembly resolu tion Meeting of the International Prisoners' Aid 34/178 on the right of al1lparo, habeas Association at the Vienna International corpus or other legal remedies to the same Centre in 1982. effect, in which the Assembly expressed By the same token, the specific needs its conviction that the application within of women offenders may need particular the legal system of States of the~e remedies consideration in discussing possible modif­ is of fundamental importance for the ication of the Rules. In accordance with protection of detained persons. Of further resolution 9 of the Sixth Congress, the interest is a study made by a Committee of United Nations, the governmental and non­ the Commission on Human Rights in 1969 governmental organizations in consultative on the right of detained persons to com­ s status with it, and all other international municate. As a result of this study, some organizations, should make continuing provisions on the matter were irh.Juded in efforts to ensure that the woman offender the Draft Principles on Freedom from is treated fairly and equally during arrest, Arbitrary Arrest and Detention. trial, sentence and imprisonment. Particu­ Finally, the need for more effective lar attention should be paid to the special implementation of the Rules has beel1 problems which women offenders en­ repeatedly and strongly underlined. At counter, such as pregnancy and child care. this point attention may be drawn to the Moreover, in countries where it is not yet Procedures for the Effective Implementa­ done programmes and services used as tion of the Standard Minimum Rules,6 alternatives to imprisonment should be drafted by the Committee on Crime

81 EXPERTS' PAPERS

Prevention and Control, in pursuance of Prevention and Criminal Justice Branch of Economic and Social Council resolution the Centre for Special Development and 1993 (LX) with a view to strengthening Humanitarian Affairs at Vienna, Austria, international co-operation in the universal envisages the preparation of three reports application of hte Rules. During the latest on the implementation of the Rules, to be United Nations survey on the implementa­ finalized in 1983 for submission to the tion of the Rules in 1980, highly positive Committee on Crime Prevention and Con­ and supportive comments were received on trol at its eighth session in 1984. In these procedures which may constitute a particular, the activities of the Branch refer basis for further action in this field. to the following: At the Sixth United Nations Congress Updating existing procedures for the various delegation commented on the value effective implementation of the of the Rules which, in some countries, Rules, in close consultation with the were invoked by superior courts to trans­ United Nations Centre of Human form the profile of correctional poliCies .Rights and other parties concerned; and practices. Representatives emphasized - Preparation of commentaries for that further consideration should be given regional and sub-regional application to the Procedures for the Effective Im­ of the Rules, in co-operation with plementation, and specific suggestions for the United Nations regional institutes the amelioration of the text of those for the prevention of crime and the procedures were made. treatment of offenders and the The Committee on Crime Prevention United Nations regional commissions; and Control, at its seventh session at and Vienna in 1982, considered ways and Elaboration of a model agreement means for the more effective implementa­ for the transfer of prisoners, in tion of the Rules in the context of one of collaboration with national corre­ the proposed agenda items for the Seventh spondents, in accordance with resolu­ Congress, entitled "Formulation and ap­ tion 13 of the Sixth Congress. plication of United Nations standard and norms in criminal justice". The discussion Conclusion focused on dissemination of information, the reporting system, in accordance with In conclusion it may be noted that the Economic and Social Council resolution considerations and recommendations of 663 C (XXIV) and the possibility of various congresses reveal the political strengthening this procedure and the role sensitivity and the philosophical controver­ of the Committee. There was consensus sy that surround the subject of penal that the question of implementation of the policy. Among other issues the shift Rules, in particular at the regional 'llld of emphasis from institutional detention sub-regional levels, should be considered by towards treatment in the community at the Seventh Congress in 1985 and the large or in semi-liberty can be observed. preparatory meetings and special attention This approach has been gathering momen­ should be given to difficulties encountered tum as a result of accumulating evidence in applying the Rules. In this connexion that has tended to erode belief in the the Committee proposed that the next efficacy of institutional experience in quinquennial survey of the Secretary­ rehabilitation of offenders. As societies General on the implementation of the revalue human behaviour and their re­ Rules should be before the Committee at sponse to it, the trend to divert delinquents its next session in 1984 in order to enable from prison to non-custodial treatment the Committee to express its views on the programme is lively to receive further im­ subject in preparation of the Congress. petus in spite of an opposite trend which, The work programme for the period in some countries, revives retribution and 1982-1983 of the United Nations Crime fixed and longer sentences.

82 CORRECTIONAL ISSUES AT UN CONGRESSES

It may be observed, in this regard, that Moreover, it needs to be stressed that, some alternatives to institutionalization although penal institutions may be by have been utilized, especially in European definition closed and disciplined organism~, and American countries, for more than a the discussions at the congresses increasing­ century, and that the customary methods ly emphasize that they are, in the modern of responding to wrong-doing in developed world, no longer insulated from the socio­ countries had included community control economic and cultural transformation that and social reintegration, coupled with take place in society. The public percep­ restitution long before the concepts of tion of prisons, as a last bastion of social prison and imprisonment were introduced discipline, and based on the concept of or borrowed from other contexts. security, dies hard and there is still truth Indeed, traditional non-institutional in it. Thus the growth, and now to a responses to crime still constitute part and certain extent the decline of belief in the parcel of many indigenous criminal justice therapeutic institutions has led to dif­ systems and appear to offer effectiveness in ficulty. The logical consequence of that­ the context of indigenous social control. recourse to non-custodial treatment as These experience of developing countries stressed by the more recent congresses­ with sanctions other than imprisonment, has in turn, sometimes, disqUieted the for example, various forms of restitution pUblic. and reparation, constitute valuable object Finally, the recommendations and con­ lessons for developed countries, whose clusions of the Congresses in the area possible revitalization even in industrialized of corrections reflects the long-standing and urbanized setting deserves to be con­ concern of the United Nations with the sidered. The main difference between the humanization of criminal justice. In fact, current trends and the recent past is, that since its foundation the United Nations while alternative approaches once consti­ has continued its efforts to secure and tuted sporadic and scattered experiments, preserve the dignity of all those who come especially on the part of charitable or­ into contact with the criminal justice sys­ ganizations, today they are planned and tem. The Universal Declaration of Human implemented as part of differen tiated Rights refers to the protection of human strategy intended to deal with the problem rights in criminal justice in its articles 7, of criminality and in a global perspective, 8, 9, 10, and 11, while the same principles where 'the various sectors of criminal proclaimed in those articles have been set justice are viewed as an integrated system. forth, inter alia, in the International In this context it may be also pointed Covenant on Crime and Political Rights out that public participation in criminal (articles 9, 14, and 15). In particular, the justice constitutes one of the key issues for last two congresses have put growing a successful process of deinstitutionaliza­ emphasis on the enlargement of prisoners' tion of corrections and the development rights and expectation. At the same time, of alternatives to imprisunment. Often in some countries the authority of the specific sectors of the community need to prison administration has appeared to be be effectively involved in the fonnulation eroded and staff roles complicated to a and implementation of certain programmes point where they may be threatened. of deinstitutionalization. For example, Whatever may be decided by forth­ work order schemes often require prior coming congresses about future correc­ and continuing consultation with the trade tional policy, continuous and increasing unions in some countries. Similarly, individ­ attention might be paid to the influence of ual or group beneficiaries of correctional socio-economic and cultural development labour, under deinstitutionalization pro­ in society and to adequate preparation of grammes, would have to share an under­ staff and public opinion to accept the standing of their specific short-term and effects on correctional treatment. The sur­ long-term goals. vey of the discussions at the congresses

83 ----~~ ~-----

EXPERTS' PAPERS suggests that change in corrections may be TreatIr..ent of Prisoners", International best brought about by careful preparation Review of Criminal Policy, No. 26, that will influence public opinion and staff J 968 (United Nations Publication attitudes in its favour, and by an evolu­ Sales No.: E 70.IV. 1), pp. 29-44. tionary process that facilitates a positive 2. See report of the Sixth United Nations Congress on the Prevention of Crime approach to new and more humane prac­ and the Treatment of Offenders tices concerned with the rehabilitation of (United Nations document A/CONF. offenders. 87/14/Rev.1), para. 85. 3. United Nations document A.CONF. 87/12. NOTES 4. United Nations document E/AC. 57/ 1982/NGO.4. 1. See, e.g., George E. Henries, "Alter­ 5. See United Nations document E.CN. natives to imprisonment and their 4/996 impact on the implementation of the 6. See United Nations document E/CN. Standard Minimum Rules for the 5/536, para. 95 and annex VI.

84 .; ·1

PART 2: PARTICIPANTS' PAPERS

The Hong Kong CO~Tection~l Services by Bhagat Ish Kumar*

Introduction On admission, all prisoners will appear before a Board for the purpose of clas­ The Hong Kong Correctional Services sification and categorization. Factors in­ Department, formerly known as the Hong cluding length of sentence, past criminal Kong Prisons Department, was retitled in history, security risk and past institutional Februmy this year. The purpose of this performance are taken into consideration. change of title is to give a more accurate The prisoner will then be assigned to the and appropriate description of the specific most appropriate type of institution roles and functions curreHtly undertaken designed to cater for the particular catego­ by the service. ry of prisoner. As a treatment policy, first offenders and habitual offenders, young Structure and Categorization prisoners and adult prisoners, are segre­ gated and male and female offenders are As an integral part of the Hong Kong kept in different institutions. criminal justice system, the service is re­ sponsible for the safe custody of offenders Accommodation, Clothing, sentenced to correctional institutions and Hygiene and Food to provide within the penal institutions the necessary environment, facilities and ser­ All sleeping accommodation for pris­ vices for rehabilitation. In order to meet oners are certified for that purpose in such objectives, correctional institutions terms of space, lighting, ventilation, avail­ are divided in accordance with the specific ability of means of communication and treatment programmes designed to deal other relevan t standards depending on with various classes of offenders. Institu­ purpose and function. In maxinlUm securi­ tions are classified as minimum, medium ty prisons, prisoners are kept each in a and maximum security prisons, training ~epal'ate cell of about 54 square feet centres, and detention centres for young (5.017 square meter) in area. Toilet and offenders, drug addiction treatment centres washing facilities are provided in each cell for drug dependants and psychiatric centres and dormitory. All prisoners are allowed for the mentally disturbed offenders. The to have a bath daily to ensure complete distribution of convicted persons to these personal c1eanlin:::,~. Every prisoner is also institutions covering the years 1980 and provided with a complete outfit of clothing 1981 is shown as follows: and bedding adequate for warmth and health according to approved scales. A 1980 1981 high standard is maintained with respect Prison 4,663 5,932 to appearance, hygiene and tidiness. The D.A.T.C. 1,518 1,675 laundry workshops manned by prison T.C. 289 312 labour in each of the institutions are D.C. 679 580 responsible for the task. Food is prepared Total 7,149 8,499 and provided to prisoners in accordance with the approved dietary scales and * Senior Superintendent of Correctional with due regard to religious factors and Services, Correctional Services Head­ recommendation of the medical officers quarters, Hong Kong for special cases, A dietitian is respoll-

85 PARTICIPANTS' PAPERS sible for the planning of well balanced for loss or damage caused. Dietary punish­ diets. Medical officers and hospital staff ment as a disciplinary award has been frequently inspect premises to ensure discarded early this year. Caning, not ex­ high standard of hygiene and cleanliness ceeding 12 strokes, has been kept to very in all institutions. restrictive use for male inmates in Deten­ tion Centres and Training Centres and only Physical Training when certified by the Medical Officer to be fit for such punishment. Any prisoner who Recreation and physical training are considers himself aggrieved by any such important aspects of the correctional disciplinary award may launch an appeal programme. All prisoners who are cer- withm 48 hours which will be considered tified physically fit by the medical officer by the Commissioner or by a person ap­ will have to participate in physical train- pointed by him. The use of instrument of ing classes. Recreational activities are restraints including handcuffs and canvas organised in the evenings and on holidays. restraint jacket are strictly limited for the Besides, every prisoner, unless excused by purpose of protection against bodily in­ the medical officer on medical grounds, jury, prevention of damage to property will have at least one hour exercise daily .. and for the safe custody of prisoners in open space. during their removal. Mechanical restraints are at no times to be used as a punishment. Medical Services Prisoners are also entitled to have inter­ views with the head of the institution for Medical services are made available to all any personal problems. They can also prisoners in case of need. A thorough make their request or complaint to visiting medical examiIlation is made of all persons senior correctional staff or Justices of the on admission into any penal institution. Peace who pay regular visits to penal Prisoners with medical complaints requir­ institutions. The latter made a total of ing in-patient care are generally hospital­ 370 visits to various institutions during ised in institutions. Emergency cases the year 1981 compared to 361 such requiring intensive medical care are trans­ visits made in 1980. ferred to outside hospital. Full dental treatment is given to all prisoners, who are Contact with the Outside World serving a sentence of three years or more. Ante-natal and post-natal cares are pro­ The maintenance of the prisoner's link vided if ne.~essary in female institutions. with the outside world is an important Special tl;o.borculosis treatment and psy­ step in helping the prisoner to overcome chiatric services are also made available difficulties he may face during incarcera­ to prisoners. tion. It also helps his re-integration to the community after his discharge. Visits of Discipline and Control family members and friends and written communication with them are also en­ Prisoners, on admission or transfer from couraged. For cases with no families ties other institutions, are required to undergo or friends in Hong Kong, a number of an induction programme through ';,!',1ch volunteers have organised a visiting team they are helped to have a dear under­ to pay regular visits to them. Television, standing of the institutional routine and newspaper and news broadcasting are made regulations. All prisoners charged with available to prisoners. They have also disciplinary offences are subject to formal access to books of the prison library of adjudication. Disciplinary awards in order their institution. Publications can be sent of severity include separate confinement, to them from their family or friends after forfeiture of remission, forfeiture of privi­ being censored. All prisoners are allowed leges, deprivation of earnings, and payment to keep in their own possession but at their

86 CORRECTIONAL SERVICES: HONG KONG own expenses a portable radio set so that f) Painting and book binding they are kept informed of the happenings g) Shoe-making and repair of the outside world. If they wish, they h) Radio and television repair may buy a newspaper of their own choice i) Construction and maintenance which is delivered to them daily without j) Maintenance-gardening any censorship, Religious services are k) Other sewing organized for prisoners. A prisoner is 1) Rattan/bamboo work entitled to attend religious services of his m)Laundry own religion conducted in the institution. n) Panel beating The Prison Chaplain is responsible for look­ 0) Miscellaneous services ing after the spiritual welfare of prisoners The commercial value of output of various and inmates. industries for the year 1981 is at Appendix I. Industries and Vocational Training Prisoners are paid for their work in ac­ cordance with an earning scheme based on The expansion of the industrial and the level of skill required of his work. vocational training progrmame which start­ The Prisoners Earning Scheme is shown at ed some four years ago has now been Appendix II. Prisoners are allowed to consolidated. This is evidenced by the spend up to 75% of their earnings for installation of new machinery, opening up approved purposes e.g. canteen purchases of new trades, the introduction of new or in the form of family remittance. The production techniques, and an increasing balance of his earnings will be paid to him staffing of qualified industrial specialists. on his release. Industrial safety measures New industrial projects are being planned are adopted in institutions to prevent and under construction. Prisoners are now accidents and to ensure the safety of open to a system of more diversified workers. trades in which he has the opportunity to develop his vocational skill. Education and Recreation All prisoners are required to engage in useful work for not more than 10 hours a Adult prisoners are given opportunities day. They are usually required to work to attend voluntary educational classes. in association for 6 days of 8 hours each Subjects taught include English, Chinese, per week. No prisoners will be assigned to mathematics and social studies. Corre­ any work unless he is certified fit for that spondence courses and Cell Study Courses type of work by the medical officer, who are available to prisoners who choose to may exempt a prisoner from work on study on their own following a set curri· medical grounds. Employment is classified culum. In Training Centres, inmates are in relation to the medical classification of subject to half-day education and half-day prisoners as to their fitness for work. schooling. Educational television is used as The Labour Allocation Board in each in­ a means of teaching. Recently, 15 young stitution is responsible for the allocation offenders who took the course of Tele­ of prisoners to work with due regard to communication Technician Course have their physical state, interest and previous successfully passed the examination of the vocational experience. Prisoners are em­ City and Guilds of London Institute with ployed in authorised work only. The extremely good results. In Detection following is the list of trades made avail­ Centres, remedial educational classes are able to prisoners: organised for the inmates. a) Garment-making In Drug Addiction Treatment Centres, b) Carpentry adult educational classes are held three c) Metal work evenings a week and inmates may attend d) Fibre-glass on a voluntary basis. Hobby classes in sub­ e) Silkscreen illg jects stich as music and painting are also

87 PARTICIPANTS' PAPERS organised for the inmates and have proved family and the worker himself. The of­ to be popular. Prison Masters employed fender is helped to have a better under­ by the Department are responsible for standing of himself and his problems and ·,,~ching and organising educational pro­ to plan for his future. The improvement of grammes in penal institutions. severed family relationship and the arrange­ A variety of sports and recreational ment of job and accollmodation after activities including ball games, athletics, release are also important aspects of the sports competitions, Chinese billiards, art work of after-care. Self-help groups known design, drawing, painting, chess and inter­ as Never Again Association involve both est groups are available to prisoners and the inmates and their family members and inmates special recreational and sport play an important role in promoting family activities are organised during weekends relationship and in restoring the confidence and holidays. of the inmates. Upon discharge, the in­ mates or young prisoners are subject to a After-care and Welfare fixed period of compulsory after-care supervision. During the period of super­ After-care is a statutory requirement for vision, the after-care officer maintains inmates of Detention Centre, Training close contact with the supervisee through Centre, Drug Addiction Treatment Centre visits to home and place of work, offering and a number of young prisoners while assistance, advice and counselling as welfare service is provided to prisoners necessary and ensuring that the terms of in general during the period of their the supervision order are complied with. imprisonment. The use of authority and intervention is After-care plays an important role in sometimes required when the supervisee helping inmates to adjust to the institu­ fails to comply with the supervision or tional environment and to re-establish requirement and has to be recalled back to themselves in society after release. It the institution for further treatment. The commences as soon as the inmate is ad· table below shows the current number mitted into the institution. The after-care of discharged inmates and prisoners under officer arranges for the establishment of a supervision: good relationship between the inmate, the

After-care Position as at 31.7.1982 Dmg addiction Training Detention Young treatment centre centre prisoners centre No. under supervision 1,378 480 490 93

Tot. no. with supervision expired 19,016 1,486 4,036 51 Tot. no. who successfully eompleted supervision period 12,765 972 3,817 38 Success rate (%)* 67.13 65.41 94.57 74.51

* Success rate is defined as the percentage of supervisees who completed the supervision period without subsequent reconviction and, for those released from Dmg Addiction Treatment Centres, without having been recalled for further treatment and remained dmg free.

88 CORRECTIONAL SERVICES: HONG KONG

The welfare service aims at assisting pris­ ing results of compulsory superVIsIon as oners in alleviating their personal problems reflected by the fairly high success rate and grievances, particularly those problems have clearly indicated that compulsory arising from their incarceration. Prisoners supervision by professional workers is the are given pre-release courses to help them right direction towards the treatment of make adequate preparation for re-integra­ offenders. Consequently, it would seem tion into the society after discharge. These highly desirable and feasible for the ex­ courses have proved to be beneficial to the pansion of the scheme to cover the great prisoners, especially to those who have majority of the prisoners. Experience has served long terms of imprisonment. Volun­ shown that institutional treatment, no tary social agencies like the Discharged matter how effective it may be, must be Prisoners Aid Society also work closely supplemented by supportive programmes with the department by providing accom­ in the community. Community-based modation and other forms of assistance for treatment programmes, therefore, is an prisoners after release. essential part of the rehabilitative pro­ gramme. The Work Release Scheme is due Toward More Effective Programmes to commence shortly pending the com­ for Released Prisoners pletion of the Pre-release Centre and the legislation procedures. Under this scheme, The present practice of compulsory selected prisoners who are within the last supervision for discharged inmates and six months of their sentence are given the young prisoners provides a structured opportunity to work at ordinary jobs in treatment relationship which the offender the community during the day and return must abide with. This is of significant help to the pre-release centre at night. The to an offender's rehabilitation as it helps Community Service Order, another pro­ to stabilize his process of social reintegra­ posed community-based treatment pro­ tion and prevents him from possible gramme, is also under active consideration deterioration in behaviour. The encourag- at present.

Appendix I

Commercial Value of Output of Various Industries in 1981

1981 Commercial Value Trade (new basis) Garment making $8,173 Other sewing Silkscreen 3,909 Shoe making 1,670 Printing/book binding 1,049 Panel beating 44 Radio & T.V. repair 12 Metal work 1,701 Carpentry 845 Fibreglass 3,605 Rattan/bam boo 35 Construction & maintenance 5,528 Maintenance - gardening 2,698 Laundry 18,153 Misc. services ~!O Piggery 48 $47,490

89 PARTICIPANTS' PAPERS

Appendix II

Prisoners' Earning Scheme (w.e.f. 7.6.1982)

Apprentice Skilled Basic Grade Grade Grade Pay Total Total Pay Pay Basic (unfit $ $ $ $ $ 2.36 for work)

A 2.36 2.02 4.40 3.93 6.30 B 2.36 2.80 5.20 5.50 7.90 C 2.36 3.59 5.95 7.07 9.45 D 2.36 5.16 7.55 10.21 12.60 E 2.36 6.73 9.10 13.36 15.75 F 2.36 8.30 10.70 16.50 18.90

90 Open Prisori~ in India with Special Reference to Anantapur Prisoners' Agricultpral Colony

by V. Appa Rao *

Introduction Origins of Open Prison

Open Air Jail or Open Air Prison, often The first open prison perhaps was called "Prison without Bars" is a post­ Witzwil established in Switzerland in 1891. independence phenomenon in India. For In 1916 the Lorton Reformatory in the that matter, even in other parts of the District of Colombia, U.S.A., was built. globe, open prisons, as we understand them However these were only the beginners. now, came into vogue only during 1940's. They cannot be compared with the present All along prisons were meant to lodge ones, as security was the foremost consid­ offenders to keep them out of circulation eration in those days. Hence a compromise and thus protect the society from their had to be struck between security and depredations and for deterrence. Moreover, free movement. However the real break­ prison chiefs were rightly or wrongly through came in 1930's in the United worriec! about security and safe custody Kingdom and 1940's in the U.S.A. The and nothing else. The concept of reforma­ first British open prison "New Hall Camp" tion and rehabilitation appeared on the was started in 1933. It had no wails, not arena very late. Every one had realised the even boundary fence. Americans too fol­ failure of imprisonment and was looking lowed soon. Here we may recall the for alternative methods of rehabilitation dictums of Sir Alexander Paterson, Prison other than through incarceration. The Commission Member: "A man is sent to cerebrated poet Oscar Wilde had aptly prison as a punislU11ent and not for punish­ said: ment". "You cannot train a man for "The vilest deeds like poison weeds freedom under conditions of captivity". Bloom well in prison-air; It is only what is good in man Philosophy of Open Prison that wastes and withers there; Pale anguish kpeeps the heavy gate, The raison d'etre of open jail philosophy And the Warder is Despair". is as follows: The wind of reformation and rehabilitation 1) To provide a more realistic social has been blowing strong throughout the setting to learn law abiding behaviour. 2) length and breadth of India since Inde­ To avert institutionalising effect of the pendence. Ex-President of India Mr. V.V. closed prison. 3) To reverse the process Giri had said that the traditional theory of of criminalisation acquired during incarcer­ retributive justice had lost its significance ation in a closed prison. 4) To weaken the and every effort shOUld be made to redeem corrupting inmate-culture. 5) To strengthen offenders from their anti-social acts and staff-inmate interaction. 6) To promote make them useful members of the society. inmate identification with the rehabilitative A humanistic approach to the social disease aims of the institution. of crime has thus begun. Indian Experiment

The post-independence era in India brought in its wake a growing realisation * Deputy Inspector General of Police, of the need for a change of attitudes Office of the D.G.P. and I.G,P" Sai.fabad, towards the treatment of offenders. The India new state governments which had at the

91 PARTICIPANTS' PAPERS helm of their affairs leaders who had tioned capacity and the daily average personal experience of half a century jail population of these jails, State wise, are life during their struggle for freedom, gave as follows: immediate attention to humanisation of jails. Although the rapid changes in prison No. Sanc- Daily administration gave the impression that the State of tioned average jails capacity popula- introduction of certain amenities in jails tion was be all and end all of treatment of offenders, but it was heartening that the Andhra Pradesh 2 385 358 post-independence period was also marked Assam 1 100 73.86 by the study of criminology and penology Bihar 3 N.A. N.A. by the junior wings of prison administra­ Gujrat 2 60 39 tion which in due course of time provided Himachal Pradesh 1 113 28 professional leadership to counteract such Karnataka 80 41.01 wrong notions. With the advance of the Kerala knowledge of human behaviour, the part 200 117 played by psycho-social environment in the Madhya Pradesh 2 150 32.83 development of the criminal is now being Maharashtra 4 721 367 increasingly recognised. The policy of Orissa 2 367 N.A. repression and vengence which swayed the Punjab 2 300 145 thinking of penologists and jurists until Rajasthan 6 225 118 the end of the previous century is thus Tamil Nadu 3 154 96 being gradually replaced by the policy Uttar Pradesh 3 2,138 1,425.77 of protection through corrective and pre­ ventive measures. Of all the corrective experiments under­ The credit for starting the first open taken, it can be said with some sense of prison in India goes to Uttar Pradesh pride and achievement that the employ­ (1949). The second oldest open prison in ment of prison labour in open conditions India is in my home State Andlua Pradesh has proved to be the most successful (1954). Some states in India had started experiment from every point of view. It is some sort of open institutions even earlier, also worth mentioning here that even but they were disbanded or shjfted when though the employment of prisoners in the public work on which prisoners were open conditions is more than a century old employed was completed. practice, the objectives of such employ­ ment have vastly changed. Originally it was Anantapur Open Prison meant to take hard work from prisoners under conditions which were humiliating The Prisoners' Agricultural Colony, and de-humanising. Now it aims at pro­ Anantapur, popularly known as Anantapur viding them with useful and meaningful Open Prison, was ir..augurated by the Ex­ work under conditions which help in President of India, Dr. N. Sajeeva Reddy in restoring their dignity and self respect and the year 1965. On the day of inauguration, giving them a sense of pride and achieve­ there were 50 prisoners. Its authorised ment which would go a long way in their capacity is 235 prisoners. In subsequent reformation and rehabilitation. years the inmates' strength increased be­ There are 33 open prisons in India of yond 300. Now there are 92 only. On the which 6 are in the State of Rajasthan, 4 occasion of the Silver Jubilee Cerebration in Maharashtra, 3 each in Tamil Nadu, of the formation of Andhra Pradesh, the D.P. and Bihar, 2 each in Punjab, Orissa, Government released all those who had Madhya Pradesh, Gujrat and Andhra completed 5 years of prisonment including Pradesh, 1 each in Assam, Himachal remand/remission, and 590 life prisoners Pradesh, Karnataka and Kerala. The sanc- were released from the prisons including

92 OPEN PRISONS: INDIA

54 lifers of Anantapur Open Jail. Hence oil is provided every month. the open prison strength has fallen and 5) Two pairs of extra clothing are given. difficulties are being experienced to get 6) Furlough and parole are liberally given, more owing to various reasons which will and be narrated at a later stage. 7) 14 days home leave is allowed every year. Location It is at a distance of about 10 km from Education and Recreation Anantapur town with good road connec­ One full-time teacher is appointed to tion. This colony does not give an im­ impart adult education to the illiterate pression that it is a jail camp. It has the ones. Coaching is given to learn Hindi for appearance of a good agricultural farm. willing inmates. There is a small library in the premises. Regularly books are borrow­ Area ed from the local district library and This has 1,427 acres of land of which distributed to the inmates. Newspapers are 615 acres are dry cum wet and the remain­ provided. Radio is provided with amplifiers ing is rain-fed. Thungabhadra High Level in each block. There are facilities for Canal distributary No. 17 passes through indoor and outdoor games like carroms, this land. Water is available for 8 months chess, volleyball, etc. The inmates are in an year i.e. from June to February. encouraged to participate in group singing, Prisoners have sunk 8 wells without any music, drama etc Documentary films are expenditure to the Government. They screened regularly. On national festival cultivate vegetables and other crops even days and Prisoners' Welfare Day (October when canal water is not available. 2) competitions are held among the pris­ oners in sports and games and prizes are Accommodation distributed. It originally started with one block. Two more have been added and one more Grading ofInmates is under construction. Each block has bath There are no grades among the inmates and toilet facilities. It 'lccommodates 80 and all are treated alike. There is no super­ prisoners. The buildings are well construct­ vision of one convict over the other. ed with spacious front halls. Each inmate is provided with a bed-cot, mattress, Wages bed-sheet, and pillow. The building was Inmates are not pnid any wages. But electrified 4 years after construction, i.e. Government has agreed in principle for in 1969. Round the clock water facility such payment and a beginning has been has been made available for all the blocks. made in Central Prison, Hyderabad as an experiment. Special Amenities to Inmates 1) Inmates working in this colony get 5 Work Programmes days remission for good work and 3 days Inmates are employed in the following remission for scrupulously following prison work p~ogrammes: Agriculture, gardening, rules, compared to 5 days given to prisoners dairy farm, brick manufacture, sheep in closed prisons. breeding, sinking of wells, deepening of 2) They get extra diet on all days with existing wells, excavation of field channels, non-vegetarian food on Sundays. There is a cultivation by tractors, etc. The inmates canteen attached to the Colony, where the work from 6-30 a.m. to 10-30 a.m. and inmates can buy cigarettes, tea, coffee, from 1 p.m. to 5 p.m. with 20. hours rest biscuits, etc., from their personal cash during noon. These timings change depend­ up to RsAO/- per month. ing upon the season. 3) Three soaps are provided for month. There is a welfare officer, who guides 4) About 1 kg of hair oil and body massage the prisoners and looks after their welfare.

93 PARTICIPANTS' PAPERS

A qualified doctor residing in the camp tiuns for the common programmes and treats the sick prisoners. activities. There has never been any prob­ lem of indiscipline since inception. So far Eligibility to Open Prison during the last 17 years of its existence, There is no direct committal of pris­ 24 prisoners escaped, out of- whom 18 oners to the open prisons but they are returned or apprehended and 6 are still selected from closed prisons. They should absconding. No systematic study about have the following qualifications. recidivism has been made but by and large 1) Casual and star class. there are not many recidivists. 2) Residents of Andhra Pradesh. 3) Good physical and mental health. Land under Cultivation 4) Age 21 to 55 years. About 700 acres have been brought 5) Good conduct and emotional stabil­ under cultivation, out of which groundnut ity. is grown in about 200 acres, jawar and 6) Good family ties. horsegram 100 acres each, cotton 50 acres, 7) Should have undergone some period caster 30 acres, orchards 15 acres, vege­ of imprisonment in a closed prison tables 20 acres etc. There is a small dairy and shall not have ordinarily more farm to provide milk to the inmates. There than 5 years to serve. is also a sheep breeding farm. Sheep are 8) Should be willing to work in open used for providing mutton to inmates. prisons. 9) Should not be a habitual offender. Production Particulars (1981-82) 10) Should not be a political agitator or a (Rs.) notorious and dangerous prisoner. Farm produce ...... 1,93,437-67 Misc. farm produce ...... 69,715-00 Selection Sheep ...... 24,47342 Deputy Inspector General, Superintend­ Manure ...... 41,740-00 ent, Doctor, Jailor and Welfare Officer of Manufacture of baskets .. . 610-00 the closed prison select the prisoners from 3,29,976-09 the closed prisons and send the list to the Inspector General for approval. After The annual recurring expenditure on approval, they are transferred to the closed this open prison is about 8 lakhs. prison nearest to the open prison where the Sllperintendent of the open prison inter­ Crime- Wise Break-Up of the Inmates views them and selects them. He gives 1) Murder (302 !.P.C.) ...... 68 them the necessary orientation to open (all lifers) prison life. 2) Rash and negligent act resulting in death (304) !PC...... 18 Discipline of Inmates 3) Grievious hurt (326 !PC.) ...... 6 There is no compound wall or even barbed wire fence around the campus. Offences and Punishments Inmates are allowed to go to Anantapur, Any of the following acts on the part of the District Headquarters Town, for selling a prisoner will constitute an offence. vegetables and bringing grocery articles. 1) Going out of the demarcated area One warden accompanies them. Inmates without permission, work under minimum physical supervision. 2) Refusal to take due care of prison Batches of prisoners watch the crops property, during night, and irrigate fields without 3) Destroying or damaging implements, any watch over them. However, all must 4) Refusal to perform duties, return to barracks by 5 P.M. and stay in­ 5) Negligence in work, and doors. Inmates nre also encouraged to 6) Derogatory behaviour. participate in discussions and offer sugges- For the above offences, the following

94 OPEN PRISONS: INDIA

punishments are inflicted. sheep breeding centre at a cost of about 1) Warning, one lakh rupees. 2) A gober-gas plant 2) Imposition of fine, costing Rs.12,000/- has been sanctioned. 3) Forfeiture of remission, 3) A Carpentry Unit costing about Rs. 4) Stoppage of facilities up to one 83,000/- has been sanctioned. 4) Under month, and Drought Prone Area Programme, land is 5) Return to closed prison. being reclaimed in different blocks for A prisoner from open prison can be which the prisoners provide the labour. returned to a closed prison on medical Inputs like seeds, fertilizers etc. are pro­ grounds or at his request or as a measure vided by the District Collector. of punishment. He would not lose any remission if he is returned on medical Difficulties grounds. He shall forfeit 50%, ifhe returns As per section 57 LP.C., life term means on his request. If he is sent back on punish­ 20 years imprisonment for calculation ment, the entire remission can be forfeited purposes. Several states were releasing depending upon the gravity of the offence. prisoners from 7th year onwards. Section 433(A) Cr,P.C., which has been added has AfterCare dealt a death blow to the lifers. As per The cases of all prisoners who need this, a person convicted after 18-12-1978 assistance after release are referred to Dis­ for life imprisonment, cannot be released charged Prisoners' Aid Society, Hyderabad, earlier than 14 years of actual imprison­ well in advance of their needs and plans, ment. Lifers now interpret that life im­ to enable the society to decide the as­ prisonment is virtual entombment for 14 sistance. The Welfare Officer of the Open long years in the prison. Remission system Prison deals with all such cases. which is expected to function as an in­ centive for good behaviour, self discipline Prison Staff and reformation have no meaning to them. There is one superintendent, assisted by This feeling has killed all their initiative one deputy, 2 jailors, 3 deputy jailors, 2 and hope. They have no interest in prison chief head warders, 7 head warders and programmes such as work, vocational train­ 33 warders. A welfare officer, a medical ing, education etc. They are simmering officer, a pharmacist, 2 male nurses, one with discontent and harbour revolting teacher, one agricultural officer, one tendencies towards everyone. These feel­ carpentry instructor, 4- tractor drivers, one ings may explode into violent prison riots, mechanic, one fitter, one motor cycle if not remedied early. orderly and 9 office staff are provided. There were two reasons for bringing forth this amendment. 1) It enables Judges Amenities to Staff to give a substantial life term in lieu of Family quarters have been provided to death sentence for capital offences. In this 13 prison staff. Twenty-two improvised sense, this amendment is a pre-abolitionist quarters are constructed by prison labour measure which is welcome. 2) The amend­ for the warders. The staff get special pay ment tries to take care of many an aberra­ and camp allowance. Jail vehicles transport tion noticed in the exercise of clemency the children of the staff to the schools and remission powers by the Executive located in the town. The staff bear pro­ which some times releases persons sen­ portionate fuel cost. Warders get free meal tenced for life in lieu of death sentence during day like in other closed prisons. even before they have served 8 to 10 years, A vall and a motor cycle are supplied for However this amendment sacrificed the use of the staff. reformation and rehabilitation of lifers to a great extent. We cannot say that lifers Future Plalls should undergo correctional treatment for There is a proposal to have a full-fledged 14 years. It has its own limits. It is the

9S PARTICIPANTS' PAPERS experience of correctional administrators should be taken up in all the open prisons that the peak point of improvement in in India. the thought processes and patterns of 2) Several Central State Farms which behaviour of a lifer can be achieved in have vast fertile lands, excellent farm about 5 to 7 years in a prison setup. After machinery and equipment and are losing the peak point has been reached then heavily can be easily converted into open supportive therapy has to be extended to prisons. With the devotion and hardwork the inmate. One can say without any of the inmates they can be transformed hesitation that since the advent of freedom into ideal farms. such a retributive measure was not in­ 3) Common man is blissfully ignorant troduced in our criminal justice system. about the existence of open jails in India. Hundreds of lifers throughout India in one Steps may be taken to give wide publicity voice say that they are not interested in to the good work turned out by the open going to open prisons. This has resulted in prisons through press, radio and T.V., the fall of strength of open prison popula­ which might go a long way in bridging the tion. Some way out has to be found out gap between the criminal and the commu­ to the situation created by 433-A Cr.P.C. nity. 4) Excursions of school children and Assessment of Open Prisons college students to open prisons may be The open prisons have proved quite arranged to influence their impressionable successful as there is noticeable improve­ minds about the reformation and rehabili­ ment in the health, work habits and general tation. conduct of the inmates. The prisoners are 5) All the open prison staff should be able to adjust themselves tLl their surround­ given specialised training and orientation. ings. By and large they have all settled 6) More amenities to the staff should be down as peaceful and law-abiding citizens. provided to bring out the best in them. The success of open prison can be judged 7) Only selected staff should be posted from the negligible incidence of escapes, to open prisons. recidivism and cost of the operation. Thus 8) A portion of the prison earnings the objectives of an open prison in giving should be given to the inmates as wages offenders an experience that will so help and staff as bonus. them to change their attitudes and be­ 9) Each 20 acres block of land may haviour as to affect their social, moral and be cultivated exclusively by say 5 members economic rehabilitation have been achieved to promote competitive spirit and better to a great extent. Open prison involves results. trust and an appeal to the human side of 10) More entertainment facilities like the offender. It enhances his self-esteem one movie every month and T.V. may be and develops in him a sense of social provided. responsibility. 11) The states which do not have open prisons should immediately start them Suggestions especially West Bengal, Haryana and Jammu 1) Follow up of all released prisoners and Kashmir.

96 Prison Administration in Pakistan

by Mian Shaukat Mehmood*

Brief History of Con-ectionaI Efforts ence, along with the recommendations of Jail Reforms Committee of 1958, were After the independence in i947, we mostly compiled in the form of a Common inherited a time old British Prison System Jail Mannual for all the four provincial governed by the Prisons Act of 1894, this governments of Pakistan, which is known system was designed for the colonial re­ as "Pakistan Prison Rules" and are now in quirements of the foreign rulers. A Jail practice in all the country. The draft of Reforms Committee was appointed to these rules was discussed in the joint recommend improvements in the manage­ meetings of heads of prisons departments ment of jails. This committee advocated of all the provinces. These rules cover drastic reforms in the food, clothing and almost all the "Standard Minimum Rules" treatment of prisoners in addition to many except a few, which could not be imple­ other aspects of prison cond.tions. The mented due to resource constraints. In years from 1950 to 1958 can be called an 1972 the Federal Government also set up a era of jail reforms in Pakistan. Central Prison Staff Training Institute to In 1968 with the rising standards in the meet the training requirements of all levels national life another Jail Reforms Com­ of prison staff of all the prisons in the mittee was constituted which was headed country. by a Judge of High Court and included A special committee consisting of six prominent citizens, social workers as its secretaries to government in Punjab, the members. The committee had vast study biggest province, was constituted to look and examined opinions of all sections of into prison conditions in 1981. The prisons the society to finalize over 2,000 recom­ departments pleaded for more resources mendations, most of which have been sometimes quoting "Standard Minimum implemented. Rules". The committee agreed in many Management of prisons, probation and cases and had a great regard for these rules. parole is the responsibility of provincial governments in Pakistan. In 1972, how­ Prison Population and Prison Staff ever, the Central Government sct up a Prisons Division in the federal secretariate Pakistan has an area of 796,099 square to co-ordinate between four provinces to kilometers with an approximate population achieve uniformity of approach to prob­ of 85 million people. The country has lems regarding prisons and parole, etc. The 16 central jails and 50 district jails. The federal government also called a "Jail total prison popUlation is about 34,000 Reforms Conference" in 1972, which was inmates against available accommodation attended by experts and prominent persons for 28,000. The jails in the central part from related fields in all over the country. are heavily overcrowded. The numbers of The conference among other recommenda­ female and juvenile prisoners are about 600 tions also recommended that "As a first and 700 respectively, which show that step Standard Minimum Rules, adopted women and boys have lesser percentage in at the Geneva Convention in 1954, should crime. The staff of jails is as given in be implemented immediately". Table 1. The recommendations of this confer- Recently more staff has been sanctioned both at officers (supervisory level) and warden (basic level). The ratio of wardens * Deputy Inspector General of Prisons­ is now one warden for 8-9 prisoners, in Punjab, Pakistan addition to higher supervisory staff.

97 PARTICIPANTS' PAPERS

Table 1 situation is stable. But the crime of vio­ lence is increasing. Murder, attempted Central District murder and assault causing injuries are prison prison mostly committed in rural areas where 70% (semi grade) of total population lives. The reasons are Superintendent 1 mostly false notion of vanity, honour and Deputy land disputes. Such crime is committed on superintendent 1 sudden provocation generally regardless of consequences specially in illiterate society. Assistant 6 3 superintendents Fortunately there is no much of organized Chief head cdme. Drug abuse is under control but 1 1 warden there are areas where hashish, opium, etc. Wardens 190 150 is produced which is sumuggled out to Medical officers 2 1 foreign markets. Separate agencies exist to Teachers 4 2 counter such attempts. We are fortunate Experts in vocational that recividists or habitual criminals are training-according to number and nature only 3% of a totul convicts. of industries Comparative Study of Existing Practices and Future Programmes Crime Situation in General Food The crime figures in Table 2 would give The standard of food has been revised a general picture of crime situation in from time to time by increasing the caloric Pakistan: value and platability. It is now felt that It will be seen that generally the crime raising further standard of food may serve

Table 2

Offences 1980 1979 Difference Murder 4,221 3,735 + 486 Attempted murder 7,593 7,024 + 569 Kidnapping/abduction 1,012/2,154 1,174/2,254 -162/-100 Child lifting 62 82 20 Rape 839 777 + 62 Riot 2,005 1,951 + 54 Hurt 13,336 12,199 + 1,137 Assault on public servants 963 1,109 146 FatuI accident 3,491 3,357 + 134 Non fatal accident 7,584 8,030 446 Dacoity 70 110 40 Robbery 530 517 + 13 Burglary 8,677 8,764 87 Cattle theft 5,094 5,659 565 Other theft 15,864 15,763 + 101 Illegal arms 20,881 14,830 + 6,051 Miscellanious 28,067 27,741 + 326

98 PRISON ADMINISTRATION: PAKISTAN

as incentive for crime, as present standard from rural areas to big industrial cities, it of food in prisons is in accordance with the was considered essential to train the pris­ general standard outside prison walls by oners accordingly for better rehabilitation every common man. when restored to society. Consequently modern machinized industries were started, Clothing i.e. transistor radio and T.V. assembling, Striped clothing and traditional prison ceramics, rubber, foam and sports goods garb were considered derogatory to the industries. human self-respect and were abolished The only drawback in this arrangement and replaced by a civilian type of dress is that we could not switch over to indus­ which is not distinct from the dress worn trial machines and sophisticated mechanizm by majority of pUblic. In winter prisoners immediately due to a financial reason and are allowed to supplement warm clothing we had to contact a private sector to install of their choice from their own resources. these industries in jails and hire our labour, Bedding is not adequate, but we have which is against the Standard Minimum a programme to improve the quality of Rules. However I find no ill effects in this blankets in accordance with the standard system. The prisoners earn good profits for for soldiers in the Army. the government, but they have no share in their earnings, which is again not in con­ Accommodation formity with Standard Minimum Rules. Almost 60% jail buildings were nearly a century old, with mud walls, but under a EdUcation phased programme started in 1972-73 new Education has a vital role in character building with modern amenities are re­ building. We have made it compulsory for placing old structures. Still at some places every illiterate prisoner to learn at least to the buildings are old and unhygenic. Jails read and write before his release from in central parts are overcrowded mostly prison, which invariably proves good for by large number of under trial prisoners, his re-socialization and rehabilitation. The the authorities have decided to grant liberal prisoners are encouraged and assisted to bails, impose fines instead of sentences, take up university examinations. The and apply system of suspended sentences following figures pertaining to one pro­ and paroles to reduce overcrowding. On vince of Pakistan show the number of the other hand new and additional accom­ prisoners qualifying university and other modation is planned. In certain priSOllS 2-3 examinations in 1981, only. persons are confined in one cell against Standard Minimum Rules. It is hoped that Matric 69 in the next five years, the accommodation F.A. 30 problem will be solved. In the province B.A. 19 of Punjab 90 million rupees have been M.A. 2 spent on construction of new buildings and ADEEB 10 150 million rupees schemes are under Total 130 process. In extreme hot days the over­ crowding causes inhuman conditions. Aftercare Vocational Training There are no regular active agencies for Vocational training is provided to pris­ this purpose. Prisoners Aid Societies under Oners enabling them for professional the chairmanship of local Deputy Commis­ adjustment in society after release. Hence sioners with members from local public the trades taught to prisoners are con­ exist, but their performance is poor. ventional handicrafts, carpets manufac­ turing, carpentry, etc. but now with the Probation and Parole industrialization and shifting of population There is a separate agency under the

99 PARTICIPANTS' PAPERS

Home Department, for the purpose of economic conditions permit. There is a probation and parole. We are conscious phased programme in progress to construct to find alternatives to imprisonment in modern buildings for prisoners. The stand­ conventional jails, probation and parole, ard of food, clothing and medical care for but there is need to enhance the scope prisoners correspond with the general of these systems. There are remand homes standards in the public. There is a growing for destitutes and women in big cities run desire to find out alternatives to conven­ on voluntary basis. tional imprisonment and to strengthen the already existing system of probation and Conclusion parole. The old and traditional industries are being replaced with mechanized in­ In Pakistan we firmly believe in the dustries. Seen in this context, future benefits of correctional treatment pro­ prospectuses for better and modern treat­ grammes, we have implemented the "Stand­ ment programmes for prisoners are hope­ ard Minimum Rules" to a large extent. fully good, although political instability, Only a few of these, however, have to be resources and other factors peculiar to implemented as soon as financial and socio- developing nations may cause delay.

100 PART 3: GROUP WORKSHOPS

WORKSHOP I: Juvenile Delinquency and Juvenile Justice System

Summary Report of the Rapporteur

Chairman: Mr. Mohammad Salam Rapporteur: Mr. Tadashi Watanabe Advisors: Mr. Masalzaru Hino Mr. Keiz6 Hagiham

Titles of the Papers Presented Juvenile Justice System in Bangladesh

1. Juvenile Justice System in Bangladesh The first paper was presented by Mr. by Mr. Mohammad Salam (Bangladesh) Salam on Juvenile Justice System in 2. System and Programmes to Aid Minors Bangladesh. Mr. Salam's paper was devoted by Miss Gina Nony Portugal Hidalgo to the detailed juvenile justice system. (Peru) Before the presentation, he introduced the 3. Institutional Treatment Programmes and problem of juvenile delinquency in Ban­ Services for Juvenile Offenders gladesh. by Mrs. Florcelia E. Rosas (Philippines) Juvenile delinquency in Bangladesh is 4. ContemporalY Juvenile Delinquency in mainly an urban phenomenon. The inci­ Japan dence of juvenile delinquency in rural by Mr. Takashi Aoki (Japan) areas is comparatively very low. Cities have 5. Some Problems of Junior High School grown enormously without concomitant Students' Delinquency and Their Treat­ growth of industrialization. Large number ment of people from rural areas have migrated by Mr. Sadakazu Kasuga (Japan) to cities for better life but general lack of 6. Juvenile Classification Homes in Japan secondary industries to provide employ­ by Mr. Tadashi Watanabe (Japan) ment to these rural migrants causes finan­ cial hardship to them. The rapid growth of Introduction urban society and a large number of social problems contribute to increase of certain The group consisted of two correctional type of crime and delinquency. officers, one police officer, one family Statistics available for the period court probation officer, one legal counse­ between 1972 and 1980 indicate that there lor, and one social case worker. The group have been sharp rise in juvenile delinquen­ members are of different professions cy (age between 12 and 21) in Bangladesh. and coming from different countries. How­ In 1972, 208 such offenders were con­ ever, all of them are directly or indirectly victed which represented 6% of the total involved in one way or other in the juvenile number of convicts. In 1975, 2,173 justice system working with the common juveniles were cOllvicted which represented goal of prevention of juvenile delinquency 14% of the total number of convicts. In and their treatment, 1979, 3,555 juveniles were convicted The papers focused mainly on the issues which represented 17% of the total number relating to juvenile justice system, the of convicts. The percentage increased in recent trends of juvenile delinquency and the successive year's. The cause of the the treatment for juvenile offenders in increase in the percentage of juvenile their respective countries. deJinque!).cy is almost the same as that of other developing countries. Decreasing

101 GROUP WORKSHOP I social control, rising aspirations, lack of There utmost efforts are to help the opportunity and consequent frustration, juvenile offenders under their care to exposure to conflicting ideas and values, reform themselves and to become self­ lure of easy money, etc. have led to much supporting and responsible members of the increase in the incidence of juvenile delin­ society. Magistrate of the juvenile court quency. Destitu te children, who are makes a general assessment of the case generally called 'the street urchins', are also and reaches a conclusion whether the sometimes involved in criminal practice particular defended child deserves to be for the above reasons. Some of these placed on probation or to be committed children, victim of circumstances, are to the certified institute. He also considers sometimes exploited by the criminals and study of tile child's psycho-socio-economic anti-social elements. background, the social environment he In 1974, the Children Act-1974 was lived and grew up and tile circumstances passed repealing all previous enactments which led him to the commission of the like the Bengal Children Act-I922 and offence under consideration. The child the Bengal Borstal School Act-I928. It is then placed on probation for specific may be mentioned that first law dealing period of time under the supervision of a with the juvenile delinquents was passed probation officer for his reformation and in the year 1850 titled as the Apprentices ultimate rehabilitation. Act-1850. This act was also subsequently repealed. In further attempt to combat Police increasing problems of juvenile delinquen­ As per law, it is the duty of a police cy, the Government has established the officer, arresting a child under the age of institution for correctional services under 16, to inform the probation officer of such the Department of Social Welfare compris­ arrest, in order to enable the said probation ing of one Juvenile Court, one Remand officer to proceed forthwith in obtaining Home and one Juvenile Institute for information regarding circumstances likely custody, protection, trial, corrective treat­ to assist the court in making its order. ment, reformation and ultimate rehabilita­ They are also expected to handle juveniles tion of the juvenile and youthful offenders with sympathy and understanding of their (June 1978). This is the only such institu­ problems. The Children Rules, 1976, tion in the country. Three more institu­ provides that the hearing of all cases and tions are being set up in the country during proceeding shall be conducted in as simple the current five-year plan 1981-85. a manner as possible without observing any formality and care shall be taken to Juvenile Court ensure that the child against whom the case This court is exclusively meant for deal­ or proceedings has been instituted feels ing with juveniles or youthful offenders home like atmosphere during the hearing. under 16 years of age. The provision of Children, as a rule, are not handcuffed. this court aims at separate arrangement for trying and prescribing treatment most Remand Home appropriate to an individual child favouring Remand home was established for the his reformation, well-being and ultimate purpose of detention, diagnosis and clas­ rehabilitation in his own society. The try­ sification of children committed to cus­ ing Magistrate of the Court has social work tody by any court or police. This home background. not only offers physical security, clean environment and healthy living, but also Probation Officers provides opportunities for observing the Probation officers assist the juvenile child and to study him individually, his court in studying the antecedents of chil­ family and the social background, his dren and they have a very useful function psycho-socio-economic conditions, abilities in diagnosis of the problems of the child. and aptitudes, etc. by the probation

102 JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM officer. Such report has a great value in release. the treatment programme to be prescribed by the juvenile court. Measures for the Care and Protection of Destitute and Neglected Children Training Institute for Juvenile Delinquents Under Sec. 32 of Children Act, a child This institution provides long-term can be brought !:>efore a juvenile court, treatment and training of child with a view who- to correcting and rehabilitating him. The a) has no home, settled place of abode institute, besides providing good physical or visible means of subsistence or care, has adequate arrangements for case­ no parents or guardian exercising work and treatment programming, literacy regular and proper guardianship; or training and general education, industrial b) is found begging or is found doing and craft training, moral education, reli· for a consideration any act under gious teachings, recreational activities, etc. circumstances contrary to the well­ The case work unit of the training institute being of the child; or deals with the offenders in respect of their c) is found destitute and his parents or emotional and psychological stress and other guardian is under imprison­ problems, immediately after the commit· ment; or men t of the child. The initial work starts d) is under the care of a parent or with classification of children according to guardian who habitually neglects or age, sex, average intelligence, antec..edent, cruelly illtreats the child; or level of formal education, trade, aptitude, e) is generally found in the company of deviation of commitment, etc. The case any reputed criminal or prostitute worker then starts working on the case not being his parent or guardian; or through social case work and group work f) is residing in or frequenting a house method. While dealing with the client, the used by a prostitute for the purpose worker keeps close touch with him and of prostitution and is not the child accordingly, day to day report in respect of that prostitute; or of his behaviour and improvement is also g) is otherv,i:< likely fall into bad recorded in the respective case file. The association or to be exposed to treatment terms consist of social workers, moral danger or to enter upon a life house parents, teachers, warders who of crime. work together with the residents in group If the court is satisfied on inquiry that situation. A special type of treatment is such person is a child described above, may also provided to the children who exhibit order him to be sent to a certified institute assaultive or aggressive behaviour. Weekly or approved home or may order him to be conference and other extra-curricular ac­ committed to the care of a relative or other tivities aiming at developing fellow feeling, fit person willing to undertake such care sense of responsibility and co-operation until such child attains the age of 18 years are also undertaken. In executing the or for any shorter period. planned treatment procedure for a par­ At the end, Mr. Salam also suggested ticular child, the case worker applies the some measures to be adopted/taken to skills and techniques of counselling and solve the existing problems. Group mem­ guidance and strengthens his treatment bers discussed this subject in detail and plan on the basis of his behaviour and agreed to the following which need im­ manner manifested in his group situations mediate attention. and interactions. Vocational training in Bangladesh, like other emel'ging coun­ this institute includes automobile repairs, tries of the world, is also striving hard for television and radio repair, tinsmithy and having a sound juvenile justice system. welding, carpentry and tailoring. On suc­ The existing institution is not considered cessful completion of training the children enough for reformation of growing number can easily find employment after their of juveniles. Act/Rules are also required

103 GROUP WORKSHOP I to be arnmended. maladjustment and to supervi1'.e the a) Opening of New Institution: As dis­ activities of their children. Other cussed earlier there is only one insti­ voluntary community organizations tution for treatment of juveniles. should be strengthened and more However, three more institutions are voluntary social welfare organiza­ being established during the current tions and agencies should also be second five-year plan (1981-85) established. (one for girls). f) Children Act-1974 to be Amended: b) Extensive Use of Probation: The The Children Act-l 974 needs amend­ development of probation services ment so as to include within its in Bangladesh is still in the initial provisions the cases of young offend­ stage and the need for the extensive ers in the age range 16-21. In the use of probation by the court is amended and expanded form, it may considered absolu tely necessary. At be redesignated as the "Children and present there are only 23 probation Youthful Offenders Act". Alterna­ officers in the country. The number tively, a separate Act on similar lines is required to be increased. Employ­ can be enacted and promulgated for ment of volunteer probation officers the young persons who are delin­ (VPOs), as in the case of Japan, quent. Under the amended Act may also be considered. separate institutions for reformation c) Introduction o'f Parole Service: There and rehabilitation of the young is no parole service. Release of persons as mentioned above are to youthful and juvenile offenders on be set up in the country. parole may be considered immediate­ ly. System and Programmes to Aid Minors d) Strengthening of Aftercare Service: The release of a juvenile is deter­ Miss Portugal from Peru presented her mined by the term of commitment, paper concerning problems of juvenile individual conduct in the institution delinquency and the juvenile justice system and social factors including home of Peru. In Peru, the most common prob­ environment. Aftercare services are lems amongst minors living under irregular virtually an extension of the services conditions are the following: rendered in the institution and serve The complete physical neglect which as a stepping stone for ultimate most of these minors suffer. rehabilitation of the discharged chil­ The morale dangers they are exposed dren. This service may be further to. strengthened. Thefts which they are tempted to e) Family Welfare Services to be commit. Strengthened: It is observed that Escapes from their homes. lack of parental control, incompetent Prostitution. parents, broken homes and earning Sexual offences. mothers often contribute to juvenile Physical attacks. delinquency. Disruption of tradi­ Homicides. tional family system also contributes - Drugs. to the increase of juvenile delinquen­ National Institute of Family Welfare cy. Therefore, improvement of fami­ under the Ministry of Justice looks after ly life has always been considered the above problems. There are special as one of the most effective ways institutions for minors in all over the of preventing juveniles delinquency. country, which are listed below: The programme of social education Institutes for minors ...... 6 to parents to improve their com­ Homes for minors...... 12 petency in recognizing systems of Half-way homes ...... " 2

104 JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM

Probation ...... 2 12 and 17 years, with primary According to recent statistics, following conduct problems. For this reason number of minors were treated in the they are not permanently confined above institutions: in a jail or in a similar institution, 1978 ...... 4,674 although most of them are between 1979 ...... 4~74 15 and 17 years old. 1980 ...... 4,898 These numbers clearly tell us that they are Further, following numbers of juveniles in the middle of their adolescence, and were released on probation: thus are plagued with the numerous dif­ 1978 ...... 400 ficulties and problems which all youngsters 1979 ...... 294 normally face at that stage of development. 1980 ...... 524 When youngsters are treated under this 1981 ...... 700 programme they are placed under super­ About 65% of the juveniles were involved vision of a tutor, who is responsible for in theft and the next was the sexual guiding and leading the child. This is a offence. most important period for minor since he requires to be helped to shape his per­ System sonality in the best possible way. Most of In Peru, there are different types of these minors are of the male sex (93.4%) services and institutions geared to alleviate while only 6.6% of them are girls. The the problems of these juveniles living under girls with serious problems are actually especially adverse conditions. Some of very small in number, however, they are these treatment programmes are as follows: sometimes very difficult to be reformed. a) Institutes for Minors: These are Another important consideration taken closed centres of re-educational na­ into account in tutoring and re-educational ture designed to accommodate programmes being conducted for these youngsters from 14 to 17 years of youngsters is their good educational back­ age. The purpose of their internment ground. Only 1.5% of the youngsters are in these centres is to treat the in­ illiterate and 62.3% are studying in high mates, reform them and rehabilitate school and therefore, this facilitates them back into society. appropriate treatment to them during their b) Homes for Minors: These are homes stay in the institution. which provide care for minors from It is also very noteworthy that 50% of 8 to 13 years of age. They offer diag­ these youngsters had to leave school due nosis and treatment to the young­ to financial reason. It is therefore con­ sters facing problems. These are sidered necessary to help them financially semi-open institutions which mean to get education in school. It has been that the children staying there can noticed after studying current statistics go out of these homes as long as they that some of these minors commit crime abide by the rules and regulations again even after being treated in the governing these homes. institution. This is due to their inability c) Half-way Homes: These are institu­ to find a job and their need to survive. tions which are closer to regular However, a solution to this problem is to jails but rules are not quite as strict impart job oriented vocational training as normal prisons. These are meant to them. Their employment in factories for the juveniles between the age of can be enforced through a system of 14 and 17. In these homes teen­ apprenticeship in which they could be agers are observed, evaluated and trained as apprentices and guided pro­ treated accordingly. fessionally for their permanent rehabilita­ d) Watched Liberty (Probation): This is tion. During this training they can also a new service which is intended to be helped to acquire work habits. deal with minors of ages between It is also essential that services like

105 GROUP WORKSHOP I psychology, social work, technic,ll evalua­ tion of the rights of children and youth, tion, etc. be organized more effectively to enhance their meaningful participating in the centres dealing with the juveniles in national development irrespective of delinquents. These will be helpful in their social and economic status in life. reeducating the child in the best possible Based on this decree as amended P.D. way. The number of courts dealing with 1179, Article 192, suspension of sentence children cases in Lima needs to be in­ and commitment of juvenile offenders creased because the existing number states: "If after the hearing the evidence (3) is not considered enough to cope in the propr.r proceedings, the court shall up with the requirements of increasing fmd that the juvenile offender has com­ delinquency. mitted the acts charged against him, the court shall determine the impossible penal­ fnsiitutional Treatment Programmes and ty, any civil liability chargeable against Services for Juvenile Offenders him. However, instead of pronouncing of judgment of conviction, the court shall The general picture of institutional suspend all further proceedings and shall treatment for juvenile offenders in the commit such minor to the custody or care Philippines was given by Mrs. Rosas. of Ministry of Social Services and Devel­ Social problems like crime and delin­ opment, or to any training institution quency are characteristics of the ineVItable operated by the Government, or duly changes in society. In the Philippines, licenced agency or any other responsible tradition and values are being threatened person until he shall have reached 21 years by the development and technological of age, or for a shorter period the court progress. Criminality and delinquency be­ may deem proper, after considering the come a major concern of the government requests and recommendation of MSSD and community. Greatly affected by rapid or responsible person under whose care he change are our young people, especially has been committed." As such, the MSSD the juvenile offender. is mandated under the code to provide Institutional treatment programmes and comprehensive services that will create an services for juvenile offenders would not atmosphere conducive to child and youth serve its purpose meaningfully without development, particularly the disadvantage first understanding the juvenile offender. youth. The MSSD therefore put up ten Delinquency has many meanings such as: rehabilitation centres: one is National legal delinquents (those committing anti­ Training School for boys and one for girls social act as defined by law), detected in Metro-Manila and the rest are eight delinquents (those exhibiting anti-social Youth Homes in different regions to serve behaViour), agency delinquents (those all juvenile offenders throughout the detected who reach an agency), alleged archipelago. delinquents (those apprehended, brought A juvenile offender is referred by court to court) and adjudged delinquents (those for training and rehabilitation in the insti­ found guilty). tution. Certain personality characteristics In the Philippines, the juvenile offender which are observed among the juvenile is one who commits an anti-social act are as follows: against the law and who is 9 years old a) Maladjustment to new socialmillieu. but below 18 years old at the time of the b) Poor social concept. commission of the offence. The juvenile c) Poor interpersonal relationship and/or who is considered minor is covered by socially withdrawn. existing law under the Presidential Decree d) Feeling of distrust and poor value 603 known as the Child and Youth Welfare structure. Code, signed by the President of the e) Low frustration tolerance, evasive Republic of the Philippines on December and tend to be rebellious at times. 10, 1974. This law provides full protec- f) Lack of interest in education either

106 JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM

in academics or vocational training. to help the parent master how to handle g) Poor parent-child relationship. difficult problems particularly chronic h) Low aspiration in life and has feeling problems of delinquent youth. Lectures, of distress due to family conflict. open forum, and discussion about the roles i) Fear of returning to community once and responsibilities of parents are also discharged due to feeling of rejec­ undertaken. tion. 3. Psychological Services Treatment Programmes and Services The psychologist studies prognostic signs to evaluate the intelligence, personal­ 1. Reception Orientation ity~ needs, attitudes, feelings and self­ The juvenile offender receives thorough concept, reviews the social history, and information about institutional life and its makes recommendation which may reduce restriction, possibilities and privileges. The frustrations in the juvenile's life. He ex­ social worker gives professional advice on tends guidance and counselling to help the matters affecting him and extends every juvenile find satisfaction on his life, to ease effort to make him at ease during initial his tensions and to develop good value interview. At the Reception Cottage, he structure. is placed for a period of not more than two weeks, a psychologist gives test to deter­ 4. Other Services mine intelligence, proper school placement, Other services includes home living, degree of maturity, social attitudes, and education, medical, spiritual and practical other facts relevant in planning a treatment skills programmes which have also greater programme for the juvenile offender. A impact in the development of the juvenile complete medical examination is given not under care. The objective is to enhance only to rule out infectious diseases but to his social, physical, mental, emotional and identify his strength and weaknesses and moral values so that he could readily adopt any handicap that may be treated. The the social norms and accept restriction of social worker conducts social investigation society. Practical skills training like weld­ and formulates a diagnostic treatment ing, carpentry, tailoring, hogsraising, and programme. Juvenile's behaviour is ob­ others provides the juvenile with the served during the period of his stay in the marketable skills so that he could gain­ Reception Cottage. When the complete fully be employed upon his return to the report is drawn up, a case conference is community. held and a programme is outlined before assignment to a cottage, classes, work and Aftercare Services so on. The institution coordinates with the social worker in the field for follow-up 2. Social Services supervision of released juveniles in the The social worker helps the juvenile community. The aftercare services are realize his probJem and plan with him an extended to ensure that the juvenile is effective method to solve his problem. adjusting fairly well, to divert his attention She guides him in ali therapeutic activities into constructive activities so that he will such as: group work, individual counsel­ not go astray, to help him find suitable ling or casework, social, cultural, spiritual, job, to encourage them to live independ­ physical and recreational activities and ently and to earn a living in case his parents others which can modify self-concepts, are economically handicapped. The MSSD feeling of distress, poor inter-personal youth programme provides youth with the relationship and poor attitudes in com­ opportunity to join existing youth group munity, home and society in general. and avail the services such as: (1) Pro­ Family dialogue, individual or group grammes for economic self sufficiency, counselling with the parents are conducted, (2) Programmes for social concern and

107 GROUP WORKSHOP I

community responsibility and (3) Pro­ 2. Frequent educational tour, summer grammes for youth with special needs. or holiday vacation, home visits, com­ munity involvement or participation should Problems Faced within the Institution be developed so that he would not feel in Handling Juveniles isolated from the outside world. 1. Juveniles violate the rules and regula­ 3 Further support from agencies of tion of the institution like smoking, both Government and non-Government, drinking liquor, truancy in school, loitering mass media, and community participation outside the centre and others. These prob­ are needed to locate parents or relatives. lems are displayed due to homesickness, 4. Stronger support from other volun­ negative feelings toward other groups or tary organizations, clubs, religious and rebellious feeling against strict staff. benevolent citizens are called for to find Seemingly, juveniles who violate the rules suitable employment and home for juve. are those who are still in the process of niles whose parents are either diseased or adjustment and whose training periods are have no gooe reputations in the com­ still inadequate. munity. 2. Problem of runaway: some factors contributing to this are the difficulty of Contemporary Juvenile Delinquency the juvenile to understand why parents and Their Background in Japan failed to visit him regularly as expected, the fear from other group, or homesick­ In his paper, Mr. Aoki of Japan dealt ness not necessarily for his parents but for extensively with causes of contemporary a clique or gang outside of the centre, or juvenile delinquency, especially from view­ sometimes the influence of other juveniles point of social pathology. Firstly, he who assured him of fancy living. Other presented that the current characteristic reason is problem to cope up to institu­ aspects of juvenile delinquency in Japan tional life and responsibility entrusted to are (1) violence in home and (2) violence him. in school. In Japan, the number of juve­ 3. Problem to contact the parents and niles who commit violence in their home to locate their whereabouts because of and school has been increasing in the incorrect address. Juveniles who stow recent years and those incidences have 'to, away in still childhood find hard to give been recognized by the public as one of the exact information and this can cause the most serious social problems. delay in discharge planning. He also mentioned that the following 4. Problem of finding suitable guardian factors may be considered as the back­ for juveniles ready for release. Parents are grounds of contemporary juvenile delin­ neither capable nor could be contacted quency. after several attempts. 1. Disruption of the traditional family The group discussed the problems system: Before World War II, the Civil presented by Mrs. Rosas and unanimously Code was promulgated and provided for agreed to the following countermeasures the extended family system, in which and/or recommendations: both paternal rights and right of primogeni­ 1. The use of intensive guided group ture were institutionalized. However, after therapy by group specialists or psy­ World War II, traditional family system was c:;hologists trained in this method should changed into the present system, which is be more frequently used, to explore the based all democracy under the suggestion juvenile's inner feelings and to help him of the Allied Forces. ventilate his problems with other members. 2. Rapid increase of the nuclear family: Individual counselling shall be conducted The concept of nuclear family has in­ as often as possible to juveniles who have creased rapidly within a short time, and difficulty to relate and still in the adjust­ presently this trend appears to be a major ment period. problem. During the period of high eco-

108 JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM nomic growth (from 1955 to 1970), a inferiority, and frustration conducive to reduction of one member in every house­ delinquency. A research shows that a hold had occurred (from 4.68 to 3.69). significant number of juvenile delinquents, Furthermore, since 1970 the birth rate has in fact, either had poor school records or also been decreasing year by year. Family had been dropped ou t from the school. planning has become very popular and The overall situation was discussed in most couples want to have one or two details by participants and it was observed children. In the course of such a drastic that following points are main reasons for change of family structure, conventional the recent increasing trend of juvenile parent-child relationship also changed delinquency. drastically. Therefore those phenomena a) The weakening of the family ties such as disruption of families and broken results in improper upbringing of the families can be seen particularly high in children. the urban homes. b) The school is not conducting educa­ 3. Population concentration in urban­ tion considering the ability of the ized areas; Advanced industrialization has average students. The present stand­ been accompanied by a population shift ard is considered very high, which toward the large cities and remarkable causes quite a few dropouts and lack population decline in the rural areas. In­ of interest by the students. habitants in such urbanized areas are c) The lessening of a social feeling forced to live in small houses because of among neighbours and the worsening high cost of housing. In addition, Japan of the social environment of child­ is facing a variety of social problems such life. as traffic jams and accidents, lack of Finally, the members discussed the environmental preservation and pollution. ways and means to prevent the juvenile Deprivation of natural environment and delinquency in Japan and agreed to the play grounds, etc. for children poses many following recommendations. problems relating to healthy rearing of a) Improvement of social, economic children. and cultural environments conducive 4. Increasing number of divorce rate: to proper upbringing of the children The divorce rate of Japan is not so high as in a healthy environment. that of U.S.A. and other European coun­ b) Motivational teaching, adequate tries. However, recently the divorce rate guidance and assistance by school has been increasing which also affect the counsellor, teachers in the school, proper upbringing of the children. the social welfare agencies and the 5. Examination hell: In 1980 in Japan community members in general. the percentage of children continuing c) Group training of the parents regard­ from elementary school to middle school ing child-care, child-psychology, etc. (compulsory education) was 100%: the This would enable them to under­ percentage continuing on to high school stand their children more and as a was 94.2% and the percentage of those result they will be able to guide them continuing on to junior college or univer­ properly. sity was 37.4%. This is also due to financial reasons as, because of rising prosperity, Some Problems of Junior High School more and more families are able to afford Students' Delinquency and such higher education for their children. Their Treatment However, those who lack in ability to follow curriculum in school may drop Mr. Kasuga explained some problems of out of school. These trends creat a social delinquency among junior high school gap between themselves and their school­ students and their treatment. Generally mates who continue in schools which speaking, in Japan, the age of juvenile de­ in turn produces a sense of alienation, linquents is becoming younger and younger

109 GROUP WORKSHOP I and the number of offences committed by he had wanted the teachers to listen to junior or senior high school students is him, not ignore him as they had. He had increasing year by year. The increase in expected the teachers to give him a help­ offences committed by students is closely ing hand before he had become a total connected with eager expectation of higher dropout. education which is one of the most notable Mr. Kasuga pointed out some problems national characteristics. People usually be­ in treatment of them. Even delinquent lieve that future social and economic status students who usually resist to teachers' will be decided by their school career. guidance and commit some mischievous Therefore, parents like to give their chil­ behaviours in schools, are obedient to the dren higher education as far as possible. family court probation officer's interview. Almost 94% of junior high school graduates The officer can not select any specific go on to senior high school and about 37% treatment measure before interviewing of senior high school graduates go on to these delinquent students several times. junior colleges or universities. As a result, The officer usually continues inquiry with there is a considerable competition even advising the juvenile and parents. But it is among primary school pupils because every difficult to settle in a short time the student wants to enter a school with good problems which he has at present, and the reputation. Students have an inclination juvenile offends again the same act in to believe that their school records decide school. The officer can not have any ex­ their value as human being. According to pectation of probationary supervision since Mr. Kasuga, almost all of the delinquent parents and teachers, who should play im­ students, whom he, a family court proba­ portant roles in probationary supervision, tion officer, deals with at the family court, have lost their leadership at all. In these have very poor school records, in other cases the juvenile is placed in the Juvenile words they are not able to adopt to usual Detention and Classification Home with school life. They also have a feeling of judge's decision. The officer has to report "dropping behind" out of the ranks, just the conclusion concerning a treatment plan because they can not expect to enter senior to the judge within four weeks according high school or continue the study. They to the Juvenile Law. The officer conducts believe that every teacher attends only interviews with the juvenile frequently, has those students who make a good record a case-conference with a classification spe­ and ignores thos who have bad records. cialist and discusses the treatment plan with Moreover, they also consider that teachers teachers. During his stay there he usually always suspect them of causing trouble. shows obedient attitude, reconsiders his Therefore they have dissatisfaction and past behaviour and as a result he wishes to antipathy against teacher's daily attitude. go back to school and correct himself. The increase in the violence case by junior But the school authority usually says high school students attracts social atten­ that juvenile's obedient attitude at the tion nowadays. These vandalistic be­ Detention Home is peculiar one under a haviours are caused by this tendency. Mr. special circumstance and it will not be an Kasuga introduced a recent newspaper ordinary attitude in school in future. And article concerning a unique treatment of the school authority wants to send him to juvenile delinquents who had been com­ an institution because he is very trouble­ mitted on Akagi Primary Training School, some for many other students who study for committing \'acts of violence against hard. Since junior high school education their teachers in school. Each juvenile is compulsory, it is basically advisable to made a puppet of himself and displayed guide delinquent students in the school. his activities in school against the teacher. But surely putting him back to cS&ll1001 is Their comments after presenting the play not desirable when he exceeds the limit of interested the participants very much. One school education and that is neither good of the boys said with tears in his eyes that for himself nor for other students. This

110 JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM

point of view creates a discussional focus home is an institution established at the in considering juvenile's treatment plan. time of the reorganization of the juvenile Tentative probation system is very useful justice and correctional system in 1949. in this regard. In his case the officer There are 52 such homes, in the same continues interviewing with the juvenile localities where family courts are situated. and parents as well while getting touch They are administered by the Ministry with school. of Justice. Juvenile classification homes The violence cases by junior high school conduct pre-hearing investigation and clas­ students show a tendency of increasing in sification concerning juveniles referred to number and have been becoming evil in them by family courts. For this purpose, nature year by year in Japan. In order to the classification detains juveniles for a cope with these tendencies a new treat­ period not exceeding four weeks. During ment system was introduced in primary this period, the behaviour in various training school. It is the method in which settings is observed and the classification, the school cooperates with the training using scientific methods of medicine, school curriculum without cutting off psychiatry, psychology, sociology and the relationship between them. School pedagogy, is carried out, while the investi­ teachers visit the training school to give gation of social environment is carried by them lessons once a week and the super­ mainly family court probation officers. intendent of the training school puts the The results of classification, together with juveniles back to school two months after those of medical examinations, behavioural they are committed in training school but observation and analysis of case history in reality they have been released from the and life environment are examined at the institution on so called out-of-institution classification conference of the home, in treatment. This programme was tried in which a recommendation for the disposi­ only one training school at the moment. tion of the case by the family court is All delinquent students in reported nine formulated. The results of classification, cases could graduate from junior high together with the recommendation regard­ school through this treatment programme. ing the treatment of the juvenile, are It is only on a triai and error process, reported to the family court. The data success of it depending on parents' en­ gathered and assessed by the juvenile clas­ thusiasm, schools' understanding and their sification home are not only helpful to cooperation with the institutes. the family court, but also to the juvenile Although the educational situation in training school in case the juvenile is the respective countries differs and this committed to training school. They are kind of trouble does not exist in devel­ filed in the Juvenile Record, which is sent oping countries, all participants expressed to the juvenile training school and proba­ concurn and understanding on the situation tion office along with other concerned in Japan and voiced the necessity for a documents. In the treatment of juveniles, proper guidance suited to his ability and emphasis is placed on securing a peaceful needs. It was agreed by the participants and natural environment to prepare them that it was important to have a dialogue for hearing in the family court. and to establish a strong ,bond of under­ According to Mr. Watanabe, the number standing between the students and teachers of newly admitted juveniles has been con­ in order to prevent cases of violence in tinuously increasing since 1975, and this school. trend has reflected the phenomenon of increasing juvenile delinquency in Japan. Juvenile Classification Homes in Japan The juvenile classification home may render clinical services to any outside The general picture of the juvenile clas­ people and agents upon request. Psycholo­ sification home ill Japan was given by gical services provided to the other agencies Mr. Watanabe. The juvenile classification and outside people inclUde classification of

111 GROUP WORKSHOP I juveniles under probation, re-classification services from various agencies and out­ of inmate in the juvenile training school, side people, well-trained counsellors and diagnosis and therapy for pre-delinquent therapists are indispensable. Clinical psy­ juveniles, personality assessment of new chologists should be trained in the subject students in junior or senior high school and of counselling and psychotherapy to a so on. The role of the juvenile classifica­ much greater extent. tion home to cope with the problem of The group members suggested the juvenile delinquency in the community is relationship between family courts and of great importance. juvenile classification home should be After the brief description of the improved and that personnel of family juvenile classification home in Japan, Mr. court and juvenile classification should Watanabe discussed about the following hold general and case conference more problems and countermeasures: often in order to solve any problems and 1. Overcrowding: Since 1975, the to promote good understanding between number of annual admissions has been them. Members of the group were of the continuously increasing. As a result since opinion that other agencies of the juvenile 1980, overcrowding phenomenon has been justice system should coordinate their occurring in some institutions (Tokyo, activities with the classification home for Yokohama, Urawa and Niigata) in Tokyo smooth functioning. Regional Correction Headquarters. The Finally, regarding the psychological Correction Bureau in the Ministry of Jus­ services in the classification of juveniles, tice is planning to increase the number of Mr. Watanabe emphasized the following authorized accommodation in the existing issues: homes. Another solution recommended for 1. It is of vital importance to establish easing out the overcrowding problem is good co-operation and co-ordination be­ speedy disposal of the case by family court. tween psychological staff and other staff 2. An excessive demand for psychologi­ such as medical staff and dormitory cal services: The juvenile delinquency has masters, because psychologists alone can been increasing in the past, and further not be effective without the co-operation increase is expected, whereas an increase from the other staff. Psychologists are not of staff is not expected under the Gov­ only to help juveniles but also to take part ernment policy of overall reduction of in the planning of treatment in general and officials. As one of the proper counter­ to advise other staff on psychological measures, Computer-Aided Classification matters. System was developed last year under the 2. One of the questions which has been auspices of the Ministry of Justice for raised frequently is whether the person screening the case which requires detailed who conducts those kinds of therapeutic classification. treatment should be completely divorced 3. Training of clinical psychologist: In from authoritarian attitude, or not. This the juvenile classification home, the main point of view is not considered realistic and task of clinical psychologists is the psy­ somewhat deceptive. It should be consider­ chological diagnosis and classification. This ed that vested authority itself is not bad, is mainly due to the shortage of specialists if utilized properly, but if misused, the and very short period of stay of juveniles ultimate objective of classification may not at these homes. However, considering be achieved. the increasing demand for psychological

112 WORKSHOP II: Correctional System and Performance

Summary Report of the Rapporteur

Chairman: Mr. Oveti Laladidi Rapporteur: Mr. Mian Shaukat Mehmood Advisor: Mr. Toichi FUjiwara

Titles of the Papers Presented careful attention of the group. The striking feature of the discussions was that in the 1. Public Participation in the Treatment of course of deliberations there was a cordial Prisoners and sometimes humourous atmosphere full by Mr. Mian Shaukat Melzmood (Paki­ of mutual understandings. stan) 2. Malaysian Correctional Institutions: Public Participation Overcrowding Problems in the Treatment of Prisoners by Mr. Mohd. Jaffar Bin Yaacob (Malaysia) Mr. Mian of Pakistan stated all the 3. The Progressive Stage System in Fiji developing countries have numerous prob­ by Mr. Oveti Laladidi (Fiji) lems in almost all sectors of life. In the 4. Problem of Overcrowding in Chilean prevention of crime and treatment of Penitentiary System offenders, difficulties are found in having by Mr. Victor Jorge Diaz NaJlarrete a progressive and effective system. In the (Chile) present world, public participation to meet 5. Recruitment and Training of Personnel the national problems has great value. For in Japan rehabilitation of prisoners, public coopera­ by Mr. Tetstlllli Masuda (Japan) tion is all the more important as the 6. Trends in Population of Unconvicted prisoners are to be integrated into the Prisoners in Japan society as law-abiding citizens. Unfortu­ by Mr. Yoichiro Yamato (Japan) nately the conditions in the community of Pakistan are not yet so favourable as to Introduction launch a modern community-based treat­ ment programme. The prisoners or the ex­ The group was mainly composed of convicts do not attract a positive response officers from the correctional services from the general public, which is helpful except one participant from Japaese judi­ for their re-integration in to the society. cial system. Every member of the group And probation and parole are in practice presented his paper before the discussions to a limited extent. on the problems. All the participants took There are two other areas, where pro­ active part in the delibelations and sug­ grammes are being carried out with gested various solutions based on their cooperation of the public, i. e., Prisoners experience and knowledge. Special at­ Aid Societies and Non-Official Visitors, tention was, howcver, paid to the local but the results are not satisfactory, socio-economic conditions of countries related to discussion in order to ensure the Prisoners Aid Societies workability of suggestions for improve­ The societies are organized in almost ment. If the presentation did not directly all districts, the Commissioner is the chair­ touch the specific problem area, the man, the local Superintendent usually acts problems emerging out of comprehensive as secretary, members are nominated from discussion. were earmarked to engage the the community. The task of the society is

113 GROUP WORKSHOP II

defined as follows: 4) Incentives like medals, awards and a) aftercare of released prisoners recognition at national level of prominent b) to find jobs for released prisoners good workers be organized. c) to provide shelter to homeless re­ 5) Periodical literature be published leased prisoners indicating successful experiences of prison d) to provide basic amenities, books, officers and social workers. additional food, and legal aid to poor prisoners Malaysian Correctional Institutions: e) to arrange waiting rooms for prison Overcrowding Problems visitors. It has, however, been observed that these The prison population in Malaysia now societies do not function effectively due is indicating a marked increase as a result to lack of interest of members from the of the population growth and an increase community. of criminal activities in the country. The prison population trend has been upward NOll-Official Visitors since the year 1970 and thereafter. As of The Home Department in each pro­ 31st December 1981, there were about vince nominates respectable citizens from 11,166 prisoners in the prisons, of which amongst the business class, retired civil 8,117 (72.7%) were convicted prisoners servants, lawyers, educationists, etc., for a and 3,049 (27.3%) were unconvicted pris­ specified period for the prisons in their oners. The major offences committed by areas. They are required to visit the prisons convicted prisoners were: drugs 2,450 frequently and investigate points for im­ (30.2%), theft and housebreaking 2,066 provement in addition to attending to the (25.5%), and others 3,601 (44.3%). grievances of inmates. The experience Owing to the growing inflow of pris­ shows that the desired objectives are not oners into prison, the number of inmates achieved by the inactive attitude of persons has exceeded the maximum capacity of nominated by the Government, as Non­ most prisons causing overcrowding in the Official Visitors. prison cells along with a deficiency of staff The group members discussed the and a resulting impairment of correctional problems in depth and a very interesting programmes. The overall staff-inmate ratio discussion started comparing similar situa­ at present is 1: 10. According to regulations tions. It was revealed that, in Japan, in normal conditions the accommoda­ Volunteer Probation Officers are working tional capacity of a cell is not more than effectively who are chosen from doctors, three prisoners but now due to the in­ lawyers, businessmen and other segments crease in prison population, one cell of the society. There was a unanimous accommodates six prisoners. The situation agreement on the following points in seek­ of overcrowding of prisoners in the respec­ ing methods to attract maximum public tive institutions is shown in the appendix. response for rehabilitation of prisoners: With regard to the overcrowded situa­ 1) The local prison officers should tion, necessary measures which have been personally inform the key men in the local taken to ease its ill-effects and at the same community of the importance of coopera­ time to help keep pace with correctional tion required from the community. These development are as follows: key persons should educate the community 1) Building new institutions including members with their influence. open prisons, e.g. a modern prison complex 2) Maximum use of mass media i.e. T.V. embodying the latest ideas in prison radio and news papers be made at national architecture and correctional management as well as local level emphasizing the im­ will be established in Central Prison of portance of the issue. Kayang Selanger. It will comprise of pris­ 3) Spirit of competition for good work ons properly including modern industries, among aid societies be encouraged. medical prisons, psychiatric prisons, psy-

114 CORRECTIONAL SYSTEM AND PERFORMANCE choJogical prisons, Prison Officer Training Correctional Seminars for its new projects Centre, etc. and is expected to be and maintenance expenditure at the first completed by the year 1983. instance. 2) Construction of new dormitories, All members of the group carefully workshops, new building of cells, improve considered all aspects of overcrowding and renovate existing prison buildings, problem in Malaysian prisons, where at together with building of staff quarters. present 11 ,116 inmates occupy the place 3) Transferring prisoners from heavily meant for 3,436 prisoners. At some places populated prisons to another institutions 4' to 6 inmates are to be confined in one which has less popUlation or to a newly cell, obviously this would hamper modern completed institutions. correctional programmes and demand more 4) Annual recruitment of additional staff. The staff-inmate ratio has thus risen staff especially in such profession as tech­ to 1: 10 which was much less before the nical, administrative, educational etc. In problem of overcrowding occurred. Other the coming years when new institutions allied ill-effects could also cause adverse have been constructed and are functioning, effects. it is envisaged that psychiatrists, doctors, The participants, in discussion, found phychologists and sociologists will be that the overcrowding was not due to a employed to further assist in the diagnosis large number of remand prisoners as usual­ and treatment of inmates. ly seen in other countries, because trials 5) As for training, the present idea is were speedy and the conviction rate was to begin work in new fields, for example, high. To alleviate the overcrowding caused in animal husbandry and agriculture on a by convicted prisoners, the following solu­ large scale basis as part of its diversification tions were considered to be appropriate: programmes. A shift from closed urban a) Construction of new buildings, ren­ correctional institutions to open borstal ovation of old buildings for which forms is earmarked as a good example in adequate plans already exist with the Henry Gurney School for juveniles. Malaysian authorities. Currently a pioneer project of a cattle b) Introduction of parole system and breeding scheme is carried out at the other alternatives to imprisonment. detention centre in order to gain basic and It was revealed that introduction of practical experiences in the field before the parole system is under consideration. actual project is implemented at the new c) Expansion of open prisons prison in Palrang State. d) Introduction of special remission 6) Incorporating plans and strategies by authorizing superintendents and e.g., building halfway houses, setting up heads of correctional services to counselling officers' offices in major cities, award special remission of 30 days to etc. And also putting up a recommenda­ 60 days in the case of deserving and tion to Ministry of Home Affairs regarding well-behaved prisoners. the possibility of introducing a parole e) Close cooperation among compo­ system and probation officers in the nents of criminal justice system i.e., correctional administrative mechanism. police, judiciary and prisons for 7) To expedite conviction and sentence mutual understanding of each other's of remand prisoners, the administrative problems and possible changes in officer should make a constant contact sen tencing policy. with the respective courts. Also the magis­ f) Transfer of prisoners from over­ trate should come to prison for monitoring crowded prisons to less overcrowded remand prisoners to smoothen the admin­ prisons. istrative system of the institution. 8) The Malaysian Government has ear­ The Progressive Stage System in Fiji marked about 300 million dollars in the Fourth Malaysian Development Plan to The obvious aim of the Progressive

115 GROUP WORKSHOP II

Stage System is to provide an incentive to hardly be appropriate for Fiji at this time, prisoners to get, by cooperation, good given the economic and employment dif­ conduct and industry, more favourable ficulties facing the free community. treatment, as they progress through their sentences. It is unlikely that the system Letters and Visits does, in fact, achieve this aim. The prisoners should be encouraged to The Progressive System is a complex keep in touch with their families and one, having four stages. Progression (and friends by writing to them as often as regression) is strictly governed by a regulations permit. Unfortunately the reg­ prisoner's conduct and industry. The mini­ ulations in this regard are restrictive and mum time span within which a prisoner complicated by the effects of the Progres­ can achieve the Special Stage is two and sive Stage System. half years so that only those serving re­ Letters and visits should not be used as latively long sentences have the chance of incentive for the purposes of the Progres­ attaining that desirable situation. Each sive Stage System. It may be expected that stage of the system entitles a prisoner to an frequent contact and communication by a increasing range of privileges and amenities prisoner with his friends and relatives will including stage gratuity, type of employ­ influence him towards good behaviours, or ment, letters, visits and recreation. The at worst, modify poor behaviour for the diff::rences between one stage and the next better. It is certain tha t prisoners regard are marginal. visits from relatives and friends as the most The authorities feel that the present highly valued privilege they receive. Visits Progressive Stage System achieves very are also the best means of assisting a pris­ little. It is time consuming to administer, oner in retaining his essential1inks with the difficult to apply fairly and because of family and the community at large. time span requirements and the compara­ tively minor intermediate rewards, it fails Amenities and Privileges motivating prisoners. It is important that Apart from gratuities, letters and visits, prisoner be encouraged to earn rather than the Progressive Stage System sets out just be given amenities and privileges and varying scales of entitlement for convicted that consistently good conduct and in­ prisoners. These include library access and dustlY should be recognized and rewarded. usage, participation in classes, entertain­ Such items as letters and visits, however, ments, handicrafts, games and various are too important to be tied to a system recreational activities. of progression whilst gratuity should relate In reality there is a paucity of the above more immediately to the effort and skill amenities. Once again, the effect of the applied to work. Progressive Stage System has been restric­ tive. Stage Gratuities From the above discussion, it can be Stage gratuities payable to prisoners at safely concluded: the various levels of the progression system 1) That the scope for writing letters by are set out in the Second Schedule of prisoners be enhanced. the Prisons Regulations. Amollnt payable 2) That prisoners' visits be increased in through the four stages ranges from nil to frequency and extended in length. a maximum of 60 ¢ per month. The stage 3) That the gratuities scale be re­ gratuity was intended to be the main calculated to achieve parity with incentive factor in the Progressive Stage current values. System. However, that is no longer the 4) That prisoners' general amenities and case because the gratuity scale has failed to privileges be inlproved. keep abreast of the rate of inflation. An After the presentation of participant earnings scheme for prisoners which exist frol11 Fiji, other participants joined the dis­ in some overseas prisons system would cussions. It was a tlllanimous view that the

116 CORRECTIONAL SYSTEM AND PERFORMANCE system of stages will be more effective if given by the competent authority and the amount of gratuity is increased in view related to the acceptance and release of of inflation, as the rising cost of living has people. tremendously minimized the value of this 3) To receive and put the inmates in incentive. The participants also felt that custody by the order of a competent court facilities like cinema, library and visits to in accordance with Penal Procedure Code. outside may be reinforced. The proposal to 4) To watch over inmates under the abolish the letters, visits, etc. from the list following points: of earned privileges and give such ordinary a. While inmates are in penal buildings. amenities to all inmates, was found most b. During the authorized terms by the feasible and appropriate for the purpose of tribunals' or by the competent ad­ correctional and rehabilitative effort. The ministrative authorities' order. They participants also agreed that to make the are under surveillance during the stage system more effective and meaning­ terms. ful 5 to 20 days may be added in the c. To watch over people who were progressive stages as additional remission released from prison in pursuance of for prisoner. specific conditions which law has It was also noticed that out of 2,100 determined. prisoners, this system worked only in the 5) To readapt people under arrest in case of 357 prisoners. Its scope could be order to eliminate their dangerousness enlarged by making it applicable to those and to ensure their re-integration to the with slightly shorter sentences. society. All the group members were in complete 6) To assist persons who are out of agreement regarding liberalizing certain prison in the conditions that the rules basic privileges to all the prisoners and point out. streamlining the stage system by adding 7) To preserve the interior security of new dimensions to existing incentives, so buildings where the Ministry of Justice, the as to make them more attractive for Supreme Court and all tribunals of justice prisoners. generally function depending on decisions by Supreme Law of the President of the Problem of Overcrowding Republic. But the law is carried out in in Chilean Penitentiary System such a fashion that it does not infringe the police function. Nature and Objectives of Prison Services in Chile Population ill Chile Prisons Prison service in Chile is public institu­ Prison service in Chile has penal build­ tion that has the following objectives: ings throughout the country, with a total of 16,100 inmates, haVing a variety of A. General Objectives more than 40 crin1es, according to the To accept, to watch over and 10 readapt Chilean Legislation. people who are under arrest or deprived The popUlation of inmates classified of their freedom by the competent author­ according to their legal status ill the 113 ities' resolution and also to apply the other penal institutions is as follows: functions that the law points out. Total Legal B. Specific Objectives: status 1) Prison service has to direct all penal 1,961 Pre-trial institutions in the country, applying all 7,614 Under trial penitentiary policies provided for by law 6,625 COIlvicted and also watching over their interior security. 16,100 Total 2) To carry out all resolutions that were

117 GROUP WORKSHOP II

Prison service in Chile also has non­ Penal Population Resume institutional treatment programmes in Probation order to carry out a penalty, that is to say, 1,338 in a legal restriction on a convicted person Conditional Remission 18,286 Decree by Law No. 409 outside of prison. 9,171 Others The most important non-institutional 894 principal systems are: Total 29,714 1. Probation: TIle Decree by Law No. 321 On Probation which is from March After the presentation of participant 1925 and the Decree No.2442 which from Chile, the group started the discus­ established it as a test measure for individ­ sion. Two problems were identified i.e. a) ual who is set free for the rest of the overcrowding, b) non-segregation of vari­ sentence. This benefit is given to the ous classes of prisoners. individuals who are rehabilitated for a The population in prison was 16,100 social life. against a capacity for 13,115. The convic­ After the release, the control of the tion rate is very high and none of remands released depends on the behaviour tribunal has any problems. S'JIne buildings are very and/or the respective inmates guardianship. old. The toilet and sewage systems are 2. Conditional Remission: Decree by out of order. Unhealthy and unsanitary Law No. 7821; it creates the conditional conditions existed. The participants agreed remission and was implemented in August that in country like Chile it was not 1944. The text was modified by Law possible to transfer prisoners from over­ No. 2621, April 1979. The conditional re­ crowded prisons to less crowded prisons mission of guilt results when the tribunals due to long distances. However, liberal which imposed the sentence interrupt its remissions, new buildings and open prisons execution. This is a period for observation could be helpful in such situation. Alter­ of the individual in the free SOCiety which natives like parole, probation could also be lasts for at least one to five years applying reinforced. only to restrictive penalties which are not Regarding non-segregation, the partici­ more than three years. pants found the problem was very serious. This is a period for the observation and Except women and children, all other restrictive vigilance, which are done by the classes of prisoners including convicts, guardian of the inmates. It regulates the remands were confined together. Espe­ conduct of the individuals who are in this cially the segregation of convicted from system. unconvicted prisoner was most important. 3. Pardon: It is a benefit that is given Under the existing conditions there was by the President of the Republic in accord­ no solution of the problem except to seek ance with the discretionary attribution. a grant to allocate funds for new buildings. The President of the Republic makes possible the remission, exchange or reduc­ Recruitment and Training of Personnel tion of the penalty. in Japan 4. Pardon by Law No. 3482: Pardon cancells the remaining penalty for a COn­ Mr. Tetsumi Masuda from Japan stated demned person. They are controlled by that ) 6,880 persons including all categories the Inmates Guardianship that corresponds of staff are engaged in carrying out correc­ to the area. This pardon was given to ap­ tional programmes in Japan. The recruit­ proximately 900 subjects in 1980. ment is made at national level competition, S. Decree by Law No. 409: This Decree with fixed physical as well as academic by Law No. 409 from August 1932 permits standards. Recently candidates with higher the expungement of the previous criminal qualification in education have been at­ records. tracted to apply for such competitive examination. Prison officers (guards) are

118 CORRECTIONAL SYSTEM AND PERFORMANCE

recruited through examination conducted to be affected, as the prisoners normally do by National Personnel Authority every not evince the same amount of attention year at 56 places in Japan. The lowest age and respect to very young staff as com­ limit to apply for prison service is 18 years. pared old staff. Moreover the old and Training is the most important in the seasoned staff have entirely different ap­ Japanese correctional service which aims at proach to inmates as compared with newly improving not only the professional skills, recruited staff with boyish and young qualities of character for humane and looks. scientific approach for corrections, but also Discussing the solutions, the group physical fitness, mental alertness for ef­ members agreed that more intensive train­ ficient discharge of duties in prisons. There ing for staff will surely reduce the problem. is complete and sound net work of training It was also agreed that policy for posting institutions allover the country which of staff should keep in view the proportion have modern equipment and well-trained and ratio between young and old staff. It instructors. The Training Institute for was also considered that officers with good Correctional Personnel (TICP) in Tokyo has health and alert mind may be retained for a variety of courses designed for various few years after retirement to make good types and levels of staff and is serving the use of their lifelong experience, as rehabili­ most useful purpose. The institute is tation of offenders is highly important and located near UNAFEI building in Fuchu difficult for which this exception can be City and is headed by a Director, with 1 made reasonable in the case of correctional Deputy Director, 12 Professors, 6 part-time staff. Professors and other staff. The p rison staff in Japan are full-time Trends in Population of professional staff except in the case of a Unconvicted Prisoners in Japan very few doctors at certain institutions. The requirements of U.N. Standard Mini­ 1. The problem of overcrowding in the mum Rules are mostly met in this area. penal institutions was pointed out by The Japanese authorities believe that for many countries of Asia and the Pacific successful correctional programme, the region, and also it is mentioned that this devoted, trained, and capable staff are very overcrowding is chiefly due to the large important. This is why the pay structure of number of remand prisoners. correctional personnel is relatively more In Japan, although the problem appears favourable, when compared with other in certain prisons, but overall there is no classes of public services, obviously this is problem of overcrowding. This is due to due to the complicated arduous nature of the fact that the number of unconvicted work assigned to correctional staff. prisoners is very small. The White Paper Coming to problem areas connected on Crime in Japan of 1981 states that with staff and training, Mr. Masuda said during the past seven years, the average that in recent years the number of young daily population of unconvicted prisoners staff is growing rapidly while more experi­ was approximately 8,000, i.e. this is 16% enced and higher age group is dwindling of the total inmates. sharply. Obviously this situation is not conducive to better performance of prison 2. There are mainly three reasons for a system. At this stage other members of the limited number of remands: group agreed with Mr. Masuda and stated 1) Among non-traffic cases dealt with that during their visits to various prisons in by public prosecutors in 1980, only 20.1% Japan, some wardens have also expressed of the offenders had to be arrested, and sinlilar views. The participants appreciated 16.1 % of suspects were detained prior to Mr. Masuda's presentation for its logical prosecution. Furthermore, the rate of look at the problem. In sllch circumstances prosecution was 87.8% in total, and among the treatment programmes are also likely these prosecuted cases, formal trial pro-

119 GROUP WORKSHOP II cedures were instituted in only 6.3% and agencies. remaining cases were disposed of by a The group members started an indepth summary procedure. discussion of Japanese system, and it was Public prosecu tors always select cases noted that prosecution, courts, and the considering whether suspects should be police are working very effectively to keep detained or not, and whether prosecution the crime rate low and conviction rate should be instituted or not. Such action high. However, from the discussion some checks the increase in the number of un­ rroblem areas were marked. For instance, convicted prisoners. it was observed that after the arrest some 2) Secondly, the judge's role may not suspects spend relatively long time in the be overlooked. Regarding unconvicted custody of the police. Some overseas prisoners in the stage of formal trial, there participants felt that this time may be is an institution of bail. The judge orders reduced to the minimum, and the arrested detention of defendants only in selected persons should be transferred from police necessary cases. Consequently it reduces jail to detention houses as soon as possible. the number of remands in detention. Similarly some overseas participnats felt 3) Thirdly in Japan speedy trial is that the suspect in detention houses should guaranteed by the Constitution of Japan. have no interference by investigators in In 1981, 61.4% of district court cases were their defence preparations, visits and other disposed of within 3 months after the insti­ matters. tution of prosecution, 86.8% within 6 In this connection, Japanese partici­ months, and 94.8% within 1 year. pants explained that it is a judge's As a result of this speedy trial and active discretion whether to put a suspect in utilization of release on bail, the period of police jail or in detention house during detention is necessarily shortened. Speedy investigation period, and that when defence trial is a result of combined efforts by all preparations are deemed to be necessary) concerned. investigators provid,,~ the defence counsel with opportunities of interviewing with the 3. The number of unconvicted prisoners suspect, taking the rights of suspects is related closely with the effectiveness into consideration. In addition, Japanese and efficiency of the criminal justice ad­ participants explained that the conditions ministration. of custody in detention house is not always It can be safely concluded that over­ better than those in police jail in view of crowding dne to under trial prisoners is speedy criminal investigation and conven­ not the problem of only correctional ience on the part of the suspects. Overseas services and that it also reflects the participants acknowledged the Japanese efficiency or inefficiency of other aUied situations.

120 WORKSHOP III: Treatment of Special Categories of Offenders Summary Report of the Rapporteur Chairman: Mr. Masayuki Ikegami Rapporteur: Mr. Loh Siang Piow @Loh Chan Pew Advisor: Mr. Yasuo Hagiwara (Haji)

Titles of Papers Presented paper on "Some Problems in Treatment of Mentally Disturbed Offenders" by Mr. 1. Some Problems in Treatment of Mental­ Ikegami from Japan. Mr. Ikegami ex­ ly Disturbed Offenders plained that some serious offences were by Mr. Masayuki Ikegami (Japan) committed disproportionately by mentally 2. Some Issues Relating to the Stimulant disturbed persons. 12.4% of homicides and Drug in Japan 20.4% of arsons were committed by them. by !Vb: Shigeru Ohta (Japan) In Japan, the public prosecutor is em­ 3. Shifting the Climax powered to decide nonprosecution depend­ by Mr. Rudy Tjitrosolllo (Indonesia) ing upon the fact that the suspect was 4. Sexual Perversion in Childhood and insane at the time of his offence. In case Adolescence the suspect under such condition is prose­ by Miss Sana Francis Jazrawi (Iraq) cuted and found insane in a court, the 5. Reformative Training Centre in Singa­ court acquits the accused and releases pore him accordingly. by Mr. Loh Siang Piow @Loh Chan Pew Under the Mental Health Law of Japan, (Singapore) when a public prosecutor decides non­ 6. Managing High-risk and Long-term Pris­ prosecution or gets acquittal in a court oners in a Maximum Security Institution by reason of mental disorder, he is obliged by Mr. Bhugat Ish Kumar (Hong Kong) to notify a competent prefectural governor of the said disposition or acquittal. The Introduction governor, if he deems necessary, may seek two or more psychiatrists to conduct Th~ group consists of three correctional mental examination of the non-prosecuted officers, two public prosecutors and one or acquitted offender. Only if all of them psychologist. The group discussed prob­ have the same opinion that there is a lems on treatment of mentally disturbed danger for him to hurt himself or others offenders, stimulant drugs in Japan, sexual unless he is hospitalized, the governor is perversion in Iraq, the correctional set-up empowered to hospitalize him by com­ in Hong Kong and Indonesia, and the pulsory measures. There is no limitation reformative training centre in Singapore. of a period for the hospitalization. The happy blend of individual person­ Mr. Ikegami stated that there are some alities in the groups with their rich ex­ problems in the compulsory hospitaliza­ periences and legal expertise greatly tion for mentally disturbed offenders. contributed to the wholesome and most The system does not work very well in illuminating discussions of the problems terms of prevention of crime and protec­ presented. tion of human rights. Firstly, the rate of compulsory hospitalization is very low; Some Problems in Treatment of Mentally i.e., during 1981, the Tokyo District Disturbed Offenders Public Prosecutors' Office made reports of 106 mentally disturhed suspects to the The group began its session with the Tokyo Metropolitan Governor, out of

121 GROUP WORKSHOP III whom only 58 suspects were compulsorily Kong ordinary mentally disordered persons hospitalized and 30 were hospitalized with will be referred to a mental hospital. their relative's consent. Eighteen suspects As for mentally disordered offenders, were released without any medical treat­ before sentencing, the judge will remand ment. Secondly, the duration of compul­ them in the remand prison for 14 days. sory hospitalization is relatively short; Two or more phychiatric reports will be i.e., according to a survey, 5l.7% of the called for in order to determine whether hospitalized offenders left hospitals in a the offender is fit for plea. If the offender period less than six months after admis­ is found guilty but unfit for imprison­ sion. Thirdly, there are no provisions in ment, the court then refers the offender to the Mental Health Law regarding the the Psychiatric Centre for an indefinite protection of human rights of mentally period. disturbed offenders in the procedure of After the lengthy discussion, the group compulsory hospitalization. Fourthly, shared the same view with Mr. Cohen and there is no aftercare system for them. Mr. Haji that an offender who committed Mr. Ikegami stressed the point that, to serious offence and was acquitted on the remedy the situations, a proposed counter­ ground of schizophrenia will pose danger measure was made by the Ministry of to the society; i.e., since a mentally dis­ Justice which adopted the security mea­ ordered offender is extempted from crimi­ sures. Under this, the criminal court may nal responsibility, no criminal justice commit mentally ill defendants to a special agency has authority to supervise him mental institution for medical treatment after release from a hospital. A measure when they are acquitted because of their should be taken to empower the court to insanity or their punishment is reduced order this offender to be treated in a because of their weak-mindedness and protective institution up to certain periods. when they are recognized to be in danger The term of protective treatment can be of committing further crimes in future. The extended by the court if deems necessary. same shall apply for the non-prosecuted The group stressed the importance of suspect on the request by the public aftercare service which should be provided prosecutor. Mr. Ikegami said the Japan to the mentally disorder offenders after Federation of Bar Association and the release from the mental hospital. Japan Association of Psychiatrists have expressed a total disagreement to the Some Issues Relating to the Stimulant proposal; i.e., on 20th February, 1982, Drug in Japan the Japan Federation of Bar Association leleased the counter proposals against the Mr. Ohta of Japan firstly pointed out Draft Code, which proposed the repletion the serious increasing tendency of the of medical care system. This proposal was stimulant drug offences in Japan and intro­ rejected by the Ministry of Justice. duced the high non-prosecution rate of Mr. Ikegami's opinion is that the present such offenders who abused the drugs system of hospitalization is not sufficient adding some actual cases. Then, he ex­ since offenders are not treated separately plained the current treatment of such drug from ordinary mental patients in a hospital offenders in correctional institutions. The and since there ,Ire some doubts on protec­ main poin ts of his presentation are as tion of human rights of those who are on follows: compulsory hospitalization. Hence, the Among cases treated in the Mental new medical care institution and a system Examination Office of the Osaka to prevent further crime is urgently needed Public Prosecutors' Office from January and that these new systems should be 1977 to December 1979, thele have under the con trol of the judiciary. been 63 crimes which were committed Regarding treatment for mentally dis­ mainly because of the mental defects turbed persons, Mr. Bhagat said in Hong such as hallucinations caused by the

122 TREATMENT OF SPECIAL CATEGORIES OF OFFENDERS

stimulant drug. The kind of such to carry out effective treatment pro­ crimes are murder, attemped murder, grammes for stimulant drug offenders in causing death through bodily injury, correctional institutions. Some institutions arson, robbery, etc. Out of these, 29 which 11ave been appointed for propulsion cases (46%) were not prosecuted mainly of planning the treatment for stimulant because of insanity of the suspects drug offenders are trying to establish the owing to stimulant drug abuse. This most effective plan. The stages are con­ non-prosecution rate is much higher sisted of counselling, orientation, lectures than other crimes which have no in­ and other items relating to ill effect of fluence of stimulant drug. stimulant drugs. Mr. Ohta related to one example: However, such plans are still on a trial A is a 36-year-old jobless man. He was and error period. It is yet. to be adopted a drug habitual. On 10th August 1977 by all the institutions all over Japan. in Osaka City, he was spured by hallucina­ After his presentation, the following tion which led him to the police station discussions took place. In Japan stimulant and suddenly shot a policeman from drug offenders are not given compulsory behind. The policeman was seriously treatment in an institution. Iraq and Indo­ injured. Such a case, the suspect was not nesia do not face any drug problem. As prosecuted because he was deemed as for Singapore and Hong Kong, institutional insane based on the psychiatrist report. treatment for drug offenders are compul­ The psychiatrist report is as follow: sory. Mr. Loh stated that Singapore exer­ "He had a habit of committing theft cises the severe punishment towards drug in his childhood. His I.Q. is normal. offenders; the mandatory death penalty However he has been addicted to stimu­ is applied to anyone who is convicted for lant drug since 1976 and was very much trafficking morphine in the quantity of influenced by the drug which caused more than 30 grammes or heroin of any the disorder of daily life. At that time, amount exceeding 15 grammes; as to the he was suffering from schizophrenia, drug abusers, the first known offenders are in which his main symptoms of illness sent to drug rehabilitation centres and the were illusion to be watched by others relapsed offenders are sent to prison. In and hallucinative hearing. In the chronic Hong Kong, the court is empowered to progress of his illness, his persl1cution order a drug offender convicted of an of­ mania was strengthened and at last he fence punishable with imprisonment to be got the illusion that 'I am pre3sed by the sent to an addiction centre, Mr. Bhagat policeman' and finally he committed explained that before a detention order this crime." is made, the court is required to remand However in this case, the suspect was not the offender into a drug addiction centre hospitalized compulsorily. The reason was for two weeks for a suitability report by that when he was released by a public the prisons authorities. In Hong Kong, an prosecutor, his condition of illness was inmate after admission will receive treat­ fairly recovered as he was off for drug ment for withdrawal symptoms if neces­ since undergoing detention. He was hos­ sary. He is also enrolled in an induction pitalized into a mental hospit.ll by his course to assist him in adjusting to the family consent. As this hospitalization was demands of the treatment programme. An not compulsory, he was discharged from inmate is assigned to an aftercare officer the hospital three times and recommitted. who will establish rapport, give him in­ His total hospitalization was only 48 days dividual counselling, seek on the inmate's despite his serious crime. behalf reconciliation with his family, plan In Japan there is no special institution arrangements for post-release employment for the drug offenders and they are all and accommodation and give other neces­ committed into ordinary prisons. However, sary helps. At the completion of the induc­ the Ministry of Justice recently has begun tion course, the inmate is directed and

123 GROUP WORKSHOP III encouraged to undertake a particular work burden on the government to build a spe­ task based on his previous experience, cial treatment centre in all prefecture in skill if any, and aptitude for the job. Japan and therefore that all penal institu­ For the first time drug offenders will tions should set a block for only treating remain in the centre for the specific drug offenders in which different training period of 4 months to 12 months. After programmes should be introduced. release from the centre, a drug addict is required to under one-year compulsory Shifting the Climax supervision. Mr. Loh said, in Singapore under the Mr. Tjitrosomo introduced the correc­ Misuse of Drugs Act 1979, a drug abuser tional setup in Indonesia which reflects may be detained in a drug rehabilitation in full the treatment of offenders and centre (DRC) for a period of 6 months which aims to achieve the objective of to 3 years subject to 6 monthly review Indonesia's correctional system. It has four by a review committee. The review com­ stages in terms of custodial procedure. mittee is vested with the authority to select For the maximum security, a prisoner is DRC inmates for the day release scheme required to serve no less than one-third and discharge him from the centre. Upon of his sentence. Next, the prisoner is to his discharge, he has to undergo a compul­ remain at the medium security stage until sory 2 years' supervision. In addition to he has served one-half of his sentence, and the 5-stage treatment programme in the at the minimum security stage until two­ DRCs, the day release scheme was intro­ thirds of his sentence before he is eligible duced in September 1979. Under this to enter into the fourth stage for his release scheme a DRC inmate, prior to his eventual on parole. This custody procedure is strict­ discharge, may be selected to work in a ly enforced. No prisoner is eligible for his factory, firm or place of work under release on parole until he will have actually normal working condition. DRC inmates served nine months of his sentence. The on day release have to spend their night progression from one security stage into in day release scheme camps. They have another does not hinge upon the time to give a urine sample for testing every schedule alone. It is also influenced by the evening when they return to the camps. prisoner's amenibility to the treatment They are eligible to go on home leave on programmes and the disposition issued by weekends and public holidays. Inmates the head of the institution who bases his who breach the conditions of the DRS decision on the counsel of treatment and are recalled to the DRC. The objective gUidance (DPP). The DPP as a correctional of this scheme is to bridge a gap between mechanism holds periodical and special the conforced discipline in a DRC and the sessions to look into matters which affect discipline-free environment outside thus to the smooth conduct of the treatment create a sense of self-reliance and self­ programmes, and to gauge the progress discipline in the inmates. of each prisoner. The counsel is empower­ Mr. Ohta mentioned that the total in­ eel to conduct dialogues with prisoners, mates population in Japan is approxi­ and make adjustment in the treatment mately 50,000 of which stimulant drug process to suit prisoners' progress or offenders are approximately 10,000. The retrogression. In practice there is a little number in Japan is much bigger than in chance for a prisoner to retrograde because Hong Kong and Singapore. To his knowl­ he can always address himself to his advisor edge stimulant drug addicts are not serious who is a member of the correctional staff physical dependence but only mentally whose task is to guide and supervise one dependence. As such, a special tr.::atment or several prisoners all the way till their Cen tre for these drugs addicts is very release. For the duration of the maximum essential. The group were of the opinion and medium security, all prisoners are that it is very costly and causes a financial strictly required to remain within the walls

124 TREATMENT OF SPECIAL CATEGORIES OF OFFENDERS of the institution. Prisoners in the mini­ the new prisoners should be understood mum security prison can obtain permission that they are in the institution not for to leave the institution without escort for punishment or retribution but for treat­ legitimate purposes. There are four cases ment. The burden of this task rests upon which prisoners and youthful offenders each member of the correctional staff. are allowed to be outside the institution. The Pemasyarakatan correctional process First, when granted the 48 hours' furlough is a system of treatment of offenders. for qualified prisoners without escort, It does admit of security measures but nonllally for such purposes as taking part then they are applied only in support of in the yearly religious festival or attending the smooth conduct of the treatment special family occasions. Second, when programmes. It has shifted the climax granted the pre-release treatment (PRT) of judicial process from retribution within leave, the duration of which equals that the prison walls to the prisoner's healthy of the last remission, not exceeding six reintegration in to the community. months. The granting of the PRT leave is a Mr. Tjitrosomo stated that due to the prerogative of the DPP, and only offenders high requirements for the grant of parole sentenced to more than one year imprison­ only a small portion of the prison popula­ ment are eligible. Third, when granted tion become eligible. a compassionate leave; a prisoner remains At the free discussion time, when asked under escort during his absence from the any shortage of parole officers in Indo­ institution. The duration of a compas­ nesia, Mr. Tjitrosomo said that they had sionate leave varies according to its logical a recruitment exercise every year so that necessity, and lastly, when a youthful of­ they do not face any difficulty in the fender is placed under the care of foster shortage of staff. parents. At present there are open institu­ Concerning the processing of parole, tions to train prisoners of rural origin to Professor Hagiwara (Haji) quoted the become more efficient farmers, better example of Okinawa island which has its cattle raisers, and skilled estate workers. own parole board for avoiding delay of Work release programmes have also been parole decision-making since the island is going on to allow prisoners in the mini­ located far from the main island. As such mum security to be outside the institution the group consensus was that Indonesia in the day-time. They can work inde­ should set up parole board systems in pendently and earn a living. A halfway different islands and in each province in he-use has also been introduced in several order to speed up the processing of cases. big cities. Even prisoners in the maximum security should not be barred from the Sexual Perversion in Childhood assimilation scheme in order to stem the and Adolescence irredeemable effects of isolation as early as possible. Prisoners in the minimum Miss J azrawi's paper dealt with psy­ security are encouraged to show interest chosexual development of young people in the assimilation scheme so that they and the unusual sexual practice. can be made eligible for participation in According to her, biologically every work-release programmes. The integration child go through a harmoniolls progressive scheme is designed for prisoners who have changes which occur during the adoles­ reached the fourth stage in th~ correctional cence stage and this biological stage ac­ process. They are the parolees who live companies a sexual behaviour and sexual and work in the community under super­ fantacies, which may colour the general vision until the date of their unconditional behaviour of young people. Deviating from release. Assimilation starts early in the norms of society, psychosexuality might Pemasyarakatan but not until the prisoners develop as to be considered as the abnor­ have satisfactorily completed the admission mal sexual deviation in the young which and orientation procedures, during which needs special attention in terms of preven-

125 GROUP WORKSHOP III tion, education, and management. Regarding the treatment of this boy, The extent to which some activities Miss J azrawi was of following opinion; have been regarded as deviant, it is viola­ since he had severely abnormal personality tion of nOl'ms of behaviour accepted by and little ego-strength on which to build, community, which bring the young into to help him to find social satisfactions will conflict with the law. Delinquency may be make his life more rewarding, and to sup­ the prepared outlet for adolescents. The port him psychologically and to give other principle disturbance is likely to be found means of general psychiatric treatment in their family relationships. Children in a with the aids of medicine if necessary are low social class from large families with an primarily concerned with improving per­ experience of separation might be the case, sonal and social adjustment. Behaviour but a combination of adverse social factors therapy can be adopted for treatment of is probably more important. Poor educa­ homosexuality as a learned pattern of tional attainment may put the child in a sexual behaviour. He was well motivated greater risk. A high delinquency rate for treatment by behaviour therapy to neighbourhood may be ar important develop more socially acceptable forms of factor, but sometimes within areas of sexual satisfaction and to ease the emo­ high delinquency rate certain schools have tional crisis which caused his abnormal sex better records than others. activity. Group psychotherapy has proven A role of a counsellor is important in especially helpful here, because many the area of counselling for parents of sexual deviants are socially isolated and pre-delinquent children and in the area reproach themselves bitterly for their of coping with reactive illnesses occurring behaviour of which they are ashamed but in the parents when prevention has failed. which they are unable to control. In a Counselling should involve emphasis on the group session they will realize that other importance of consistency in parental people have to contend with similar prob­ care with the maintenance of an accepting lem and this fact fortifies their self-respect. warm attitude to the child. Rejection and During the free discussions, Mr. Ohta inconsistent care by parents are the family was interested in knowing whether there factors most likely to be associated with was a high absenteeism rate in Iraq school. later conviction. Miss Jazrawi commented that truancy is Miss J azrawi mentioned common forms not regarded as problematic in her country. of deviant sexuality as follows: In Hong Kong, Iraq and Singapore most 1. Prostitution; youngsters are truants from elementary 2. Exhibitionism; grades, whereas in Japan, the situation 3. Homosexuality; is somewhat different in that high schools 4. Pedophilia; students are more susceptible to pre­ 5. Fetishism; delinquency, e.g. skipping school. Accord­ 6. T"ansvestism; ing to the consensus of the group, there 7. Tlanssexualism; are many factors which can be considered 8. Sadomasochism; as criminogenic, especially in regard to 9. Voyeurism. juveniles. For instance, the majority of She related a case study. "S" is a homo­ group members emphasized that the en­ sexual boy and his sexual perversion vironment as well as the family play an brought him into conflict with law and extremely important role in SOcializing society, Through investigation it was the youngster, whereby weakening infor­ revealed that his early history of sexual mal controls can easily lead a youngster deviation came from bad relationship astray. between his parents. Family had conflicts As to this particular case, Professor and disharmony with the weak and affec­ Hagiwara (Haji) inquired as to whether oj' tiollless father and the dominating over­ not the youngster had a record of sexual protective mother. misconduct in the past. Miss Jazrawi's

126 TREATMENT OF SPECIAL CATEGORIES OF OFFENDERS

comment was that the information was not national languages for those trainees who known. In addition, the sentence given was are illiterate. Trainees with higher educa­ two years imprisonment. According to the tional certification are encouraged to group, the punishment was extremely further their studies with and provided the harsh. Upon admission to the institution, teachers attached to the centre and to Mr. Loh was interested in whether or not prepare for examinations conducted by the the centre had a special unit for segrega­ Ministry of Education. tion in which the offence was atypical and We are recognizing the importance and associations with other youngsters may social significance of recreation and cul­ pose to be problematic. Miss Jazrawi tural activities as a factor in human living. replied that there were no special provi­ Track and field meets are held annually, sions as such, and that the juvenile was televisions concerts, and similar cultural treated normally without different treat­ show are organized periodically. Extra­ ment. Thereupon, the group consensus mural activities like painting and gardening was that deviance of this nature required are encouraged to develop trainees talent. intensive counselling as well as isolation The religious needs of the inmates by way from others for the offence. of services, counselling and teachings are never overlooked, welfare programmes Reformative Training Centre are constantly planned for them while in Singapore in or even out of the centre, as when under supervision. In his paper Mr. Loh stated that the During the free discussions, Mr. Loh function of the reformative training centre brought the attention to members of the is to reform and rehabilitate offenders in group that the primary responsibility of an "open" institution which is necessary the housemaster is, in general, to take care for the successful implementation of the of the trainees' welfare, which includes training programme for the young persons activities such as advice concerning per­ of this age group. The training programme sonal problems, group counselling, and re­ of the centre is intensive and comprehen­ creational activities. All in all, the trainees sive. Besides enabling the trainee to adhere slowly begin to develop a very good to disciplinary rules and regulation, they rapport with the housemaster because, in are also extended the facilities to improve essence, the role that he performs is more themselves in their vocational and educa­ or less that of a surrogate parent. tional needs. On the other hand, the uniformed In Singapore, the reformative training officers are also acting as substitute paren­ centre has its activities programme spared tal figures, but their chief task differ. out in various fields. The training processes While the housemaster is primary respon­ in the field of vocational activities are sible for instilling values in the trainees, implemented by means of various job­ the uniformed officer is charged with the placements in the workshops. Traditional task of making sure that the trainees is industries include tailoring, matress-mak­ well-disciplined, and will take any neces­ ing, barbering, administrative block order­ sary measures to discipline the trainees ac­ lies, earning scheme officer's assistant, cordingly. Apparently, both staff officials store-keeper aSsistant, typist, laundry ser­ are endeavouring to rehabilitate the train­ vices, cooks and maintenance workers. ees, but since their functions differ, the New industries include electronic com­ trainees may view one with antagonism; ponents and assembly of bicycle parts. namely the uniformed officer. Hence, in The VITB scheme was recently introduced order for both types of staff officials to in May 1982. better appreciate their roles, the group Mr. Loh mentioned that the educational suggested that it would be extremely programme is to provide coaching for basic beneficial for the two to switch positions, knowledge in English, Mandarin and so that they could become more aware

127 GROUP WORKSHOP III of the overlapping responsibilities, as well proper handling and management of such as the differences in their jobs. In addition, long-term prisoners. the trainees would neither develop an In view of the characteristics of the exclusive attaclunent to the housemaster, long-term prisoners, it is of utmost im­ nor would he resent the uniformed of­ portance that the highest possible security ficer's job. The group hoped that by measure must be enforced to prevent them demonstrating the different tasks inherent from escape and to protect the safety of to each, both the uniformed officers and other prisoners. the housemasters would be able to work Adequate security and firm discipline more harmoniously because too frequent­ are considered the "prerequisite" for the ly, the trainees view their jobs as separate, implementation of rehabilitation or coun· whereas in reality both jobs are concerned selling programmes. Only when security, with the trainees rehabilitation. order and discipline are guaranteed, then rehabilitation projects can be implemented Managing High-Risk and Long-Term an d are meaningful. Prisoners in a Maximum In Hong Kong the programme involves Security Institution different professionals and in fact employs a multi-disciplinary team work approach. In his paper Mr. Bhagat pointed out that Different professionals work together in a the primary function of a maximum team each performing his own specific security institution is to keep high-risk role. The main skeleton of the staff, and long-term prisoners in safe custody and however, is the divisional staff-the correc· under proper management and control. tional officers, who are responsible for the In view of the specific characteristics of maintenance of order and discipline and high-risk prisoners, everyone working in for the supervision and control of the the correctional field is well aware of the prisoners. The ultimate goal of the institu­ problems and difficulties associated with tion is achieved through the joint effort the handling of such prisoners. His paper of all the different sections under the introduces the experience of management overall management and co-ordination of of the Stanley Prison, a maximum security the Head of the Institution. prison under the administration of the Correctional Services Department, Hong Description of Stanley Prison Kong. The principal punishment inflicted Stanley Prison has a total accommoda· on high-risk prisoners is the deprivation tion of 1,605 prisoners and a hospital of freedom and autonomy over a lengthy with 73 beds. A senior superintendent period of time. in charge is responsible for the over all Some prisoners tend to seek attention management. He is assisted by deputy from other prisoners and the authority. superin ten dent, a psychologist, qualified Some would like to maintain their status instructors, school masters, welfare officers quo in the criminal world by presenting and medical officers. There are different aggressive approaches. Some may just be types of industrial work provided. In doing their time while others may seek addition recreation programmes operate satisfaction from violating centre regula. for prisoners in the evening under the tions. It is apparent that in order to supervision of qualified staff. effectively handle these long-term pris­ oners, the staff and the institutional Psychological Services management must be well aware of the The service provides initial assessment specific characteristic of this category of and follow-up cOllnselling for prisoners. prisoners, their feelings, as well as the The psychologist also organizes groups problems that individual prisoners face. and acts as a resOUrce person for other Based on such information, a compre· staff involved in counselling programmes. hensive programme is devised for the

128 TREATMENT OF SPECIAL CATEGORIES OF OFFENDERS

Disciplinary Offence good institutional behaviour as remission is It must be stressed in order to maintain not an automatic entitlement but has to be good discipline and order in prison, any earned through good work and conduct. undesirable or subversive activities of pris­ The Superintendent may order the forfei­ oners must be stopped and every prisoner ture of remission as a form of punishment should be able to serve his sentence without in dealing with disciplinary offences com­ the fear of his fellow prisoners. Disci­ mitted by prisoners. plinary action is taken against prisoners who deliberately breach the rules and Prisoners under Death Sentence regulations. Prison Rules 216 to 221, Cap. 234, A prisoner is not considered problemat­ Laws of Hong Kong, apply to prisoners ic until he has been proved to have under sentence of death. According to P.R committed a disciplinary offence. It is this 217, prisoners under sentence of death type of problematic prisoners that become shall: a major concern of contemporary penal a) be confind in a separate cell apart administration and the supervision of from all other pri.soners; whom, therefore, requires special and b) be kept under constant supervision unique management strategy. by day and by night; c) not be subject to rules regarding Segregation Unit labour. The segregation unit in each penal H Block of Stanley Prison is therefore institution is established for the purpose of specially set aside to accommodate pris­ enabling correctionaJ staff to forestall oners under sentence of death (condemned serious trouble by isolating certain pris­ prisoner) with the routine and procedures oners from the prison community. It is gear to fulfill the requirements of the operated mainly as an instrument of man­ above rules. agement and control. As it is undersirable segretate prisoners for long periods, their Review of Sentences cases are reviewed monthly. A prisoner is The incentives for good institutional transferred back to his normal association behaviour is further evident in the provision as soon as he ceases to be problematic. of review of sentences by the Governor of Hong Kong. Security Section 69A of the Prison Rules, All prisoners placed in Stanley Prison Cap. 234, Laws of Hong Kong, specifies pose a high security risk, they hence receive the type of prisoners and the period for treatment according to the category af­ review: forded on admission. Category given will indicate the amount of security required Types of Prisoners Period for Review for each prisoner during his term of im­ 1. Imprisoned for a prisonment. term exceeding 6 years (other than Remission of Sentence imprisoned for life)- after 4 years and Mr. Bhagat said Seeton 69 of the Prison every 2 years Rules, Cap.234 Laws of Hong Kong, thereafter. permits every convicted prisoner sentenced 2. Imprisoned for life- after 4 years and to imprisonment for a period over one every 2 years month, by special industry and conduct, thereafter. to earn remission not exceeding one-third 3. Detained during Her of a sentence of imprisonment, provided M.ajesty's Pleasure- after 2 years and that the remission so earned does not every 2 years reduce the period of imprisonment to less thereafter. than one month. It is an incentive for

129 GROUP WORKSHOP III

4. Under 21 at the date of tion on various community resources conviction of the offence including government welfare services and for which imprisoned-after 1 year and voluntary agencies from which a discharged every year thereafter prisoner may seek help and advice. The until 21 years of aim of the briefing is to help the prisoner age is attained and due for discharge to make better prepara­ thereafter every tion in facing his future problems. 2 years. The group were generally of the view that in view of the characteristics of high­ Education risk prisoners, everyone working in the Education is provided for prisoners in correctional field is well aware of the Stanley Prison on a voluntary basis. Pris­ problems and difficulties associated with oners who wish to seek an opportunity for the handling of such prisoners. The group self-improvement may enrol either for cell consensus was that in managing high-risk study courses arranged by the School and long-term prisoners in a maximum se­ Masters of Stanley Priosn or for evening curity institution the following conditions adult education classes run by the Educa­ should be strictly adhered: tion Department or for correspondence a) Adequate knowledge of what is re­ courses offered by the local and overseas quired by the Prison Disciplinary correspondence schools. A large number Code of prisoners are engaged in studies in one b) Correct attitude in the supervision of or another form of study. inmates Upon request, arrangement can be made c) Close observation of those who exert for prisoners to sit for the public examina­ evil influences upon other prisoners tions such as Pitman Examination, Hong as well as isolating them from the Kong Certificate of Education Examina­ normal group when necessary. tion and General Certificate of Education e) Encouragement and motivation of in­ Examination. mates in all aspects of the training programme Welfare e) Effective leadership During his induction period, and f) Full consideration of legitimate com­ throughout his imprisonment, a prisoner plaints or need may seek the assistance of the Welfare Of· g) Strict control of contrabands ficer (who is a correctional officer specially h) Prompt and decisive action when the trained and qualified in welfare work), in occasion demands it solving his personal or family problems. i) Proper control of personnel who per­ form supervisory function ensuring Discharge that these personnel have the knowl­ A "pre-release" briefing is arranged for edge, experience and attitude de­ each prisoner two months prior to his mand by their role. discharge. The briefing includes informa-

130 WORKSHOP IV: Correctional Treatment Programmes for Prisoners

Summary Report of the Rapporteur

Chairman: Mr. Hirota Yamazaki Rapporteur: Mr. Fung Kwan-yuet Advisors: Mr. Thomas G.P. Garner, G.B.E., J.P. Mr. Hachitaro Ikeda

Titles of the Papers Presented of the prison must be planned according to the trends of outside industrial develop­ 1. Prison Work and Vocational Training ment, to enable plans for training skills in Hong Kong and the cultivation of good work habits by Mr. Fung Kwan-yuet (Hong Kong) to be in phase with outside industry. 2. Correctional Training Programmes in Industries should be detached from any Korea legal liabilities so that the rehabilitative by Mr. Myung Bae, Kim (the Republic programmes and prison routine will not be o/Korea) affected or influenced by any commercial 3. The Prison Welfare Services-Individual­ contractual obligations. Prison work, must ized Rehabilitation Programmes for also be of a vocational training nature Prisoners particularly for young offenders and pris­ by Mr. Chew Sin Poon (Singapore) oners serving long sentences. 4. Vocational Training for Offenders in Many organizational structures for Thailand prison industries had been examined by the by Mr. Boonsootthi Thanusiri (Thai­ Correctional Services Department such as; land) contracting prison labour to private indus­ 5. Gangsters Group in Japan: "YAKUZA" try, joint ventures with private enterprises, by Mr. Hiroto Yamazaki (Japan) manufacturing under licence, etc., but none were considered to be suitable, be­ Introduction cause such structures put a legal liability on government without any guarantee that The aims of this workshop were to share it will act as rehabilitative training for the knowledge and experience of successful prisoners for prison work is essential programmes of some countries of the part of the prison routine. The Correction­ region, and to try and solve some individual al Services Department therefore decided and common problems in treatment pro­ to industrialize the work in prisons by grammes through learning of the practical bringing in outside industrial managers and experience of the members. other professionals (who also received training as correctional officers) to plan Prison Work and Vocational Training and manage prison industries to closely in Hong Kong parallel as far as possible that of outside industry, The main thrust commenced in Mr. Fung Kwa-yuet delivered his pre­ 1978 and marketing strategy has been sentation as follows: Prion industries has directed to the supplying to government the following objectives: (a) training markets in order to avoid possible compli­ prisoners to cultivate good work habits and cations. under similar conditions and tempo as Prison industries of the Correctional outside industry , (b) training prisoners to Services Department in Hong Kong is attain a higher level of trade skills for headed by a general manager, who is better career prospects. The daily routine responsible to the commissioner for the

131 GROUP WORKSHOP IV management of resources alld all policy tiona! personnel to plan and manage the matters relating to prison work. Staff work for prisoners in order to improve supporting him comprise of i1 commercial correctional work programmes, and also as manager, a production manager both at a secondary target. To achieve savings in superintendent level, a production services Government expenditure by placing pris­ manager and a vocational training manager oners in gainful employment. at chief officer level. The commercial Rehabilitation programmes for young manager is responsible for the planning of offenders emphasize the cultivation of future capital investment, and for obtain­ good work habits accompanied by aca­ ing work for prisoners. This carries the demic training to supplement the loss of dual purpose of training in trade skills opportunity for education while in custody. and in better employment prospects for All young offenders in training centres discharge. The production manager is are required to undertake domestic services responsible for organizing production un­ in institutions to attend classes for aca­ der conditions and tempo as similar as demic instruction on subjects relative to possible to outside industry, also for their level of attainment, and to undergo ensuring accuracy in quality and quantity vocational training with emphasis career requirements. Supporting him are several outlets after release in respect of employ­ institutional industrial managers who are ment opportunities and the furtherance of responsible for supervising the industrial technical and industrial training studies. specialists in trades such as garn1ent Courses are designed to accommodate making, woodwork, fiber glass, shoe the period of custody (6 months to 36 making, etc., all at the principal officer and months), and to cater to differences in the officer level. Trade instructors are the level of training and academic attainment front line managers responsible for output on admission (from prin1ary school to and quality. This industrial management senior high school). Recently there has structure is geared to achieve all the ob­ been an inerease in admission of young jectives of prison work and in addition to offenders who were secondary school save government money. dropouts. Vocational training has therefore Prisoners are trained on jobs where the emphasized courses of a realtively higher maximum employment opportunity lies. academic and professional level. Capital investment on the various types of The levels of training at the operative prison work corresponds with employment and craftsman level are in parallel with prospects. The relevant United Nations the newly established Statutory Appren­ Standard Minimum Rules related to prison ticeship Scheme under the Hong Kong work are fully implemented. Vocational Training Council, and at the Due to the fact that the allowance for crafisman level under the Technical Educa­ elderly people under the social welfare tion and Industrial Training Department, system is not available for unemployed Courses in car repair, air-conditioning and released prisoners below the age of 70, it is refrigeration at the craftsman level are difficult for discharged prisoners aged 55 also organized; however there are no or over to get work at the ordinary skill examination authorities for these two level. Accordingly for these prisoners, courses, but there are excellent employ­ industrial work has been emphasizing the ment opportunities. Courses at the tech­ attainment of skills at trade master level nicial level include radio and T.V. repairs, as employment opportunity at this level telecommunication, mechanical engineer­ is less dependent on age. ing and welding, organized examinations of To sum up the planning of prison the City and Guilds of London, and the work in I-long Kong has been as follows: Lloyds Registrar of Shipping welders' The Correctional Services Department has certificate. A data processing course is brought in industrial and marketing profes­ organized at senior high school leaving sionals from outside industry as correc- certificate level. Bookkeeping, accounting,

132 CORRECTIONAL TREATMENT PROGRAMMES FOR PRISONERS and typewriting courses are also organized for 26 days to attend school on for the examinations of the London Sundays. For those who have com­ Chamber of Commerce and Industry. In­ pleted the course and passed the final mates have responded very well to these examination, a high school certificate courses. Examination records have shown will be given by the Ministry of Edu­ a high percentage of passes with excellent cation. At present, there are 160 ratings. boys in the first grade and 30 in the second grade of this correspondence Correctional Training Programmes course, in the Republic of Korea 4) In formal classes are also conducted for National Authorized Examina­ Mr. Kim Myung Bae presented his paper tions which are mainly entrance ex­ in detail which is summarized as follows: aminations for middle, high school and college. Background The living guidance training comprises During the Korean War, the correctional the following: services in the Republic of Korea lost many 1) "Saemaul Spirit" training-This is a of its staff and there was most damage to 43-hour training course designed to the facilities. Improvement to treatment instill into offenders a spirit of co­ programmes and the welfare of prisoners operation. Attendance is mandatory had been emphasized since the War. on at least three occasions during imprisonment. Subjects wch as na­ Con'ectional Trailling tional history, patriotism and The correctional training programmes individual responsibility for the well carry the following objectives: to change being of the country, along with the attitude and behaviour of offenders; to examples of successes of the Saemaul inculcate in them the sense of belonging Movement are taught; to the society: and to equip them with 2) Pre-release counselling and guidance trade skills for employment after release. - Within one month of release, pris­ Accordingly, training programmes have oners are informed of the current emphasized academic training, living guid­ socio-economic situation and em­ ance and vocational training. ployment channels; and Academic courses comprise the fol­ 3) Religious services are extensively lowing: used to help bring about a change in 1) Elementary schooling-Illiteracy in the personality, life style and be­ the Republic of Korea is defined haviour of prisoners, as failing to complete elementary school. Elementary school is com­ Vocational Training pulsory regardless of age for illiterate The main objective of vocational train­ prisoners; ing is to equip inmates with trade skills 2) Middle and high school courses are for employment after release. There are on a voluntary basis for those who three levels of training, nan1ely, the basic, are academically eligible; the intermediate and the advanced; There 3) In juvenile centres, correspondence are 33 trades to accommodate prisoners' high school courses are organized for and inmates' interests, aptitude, and abil­ those who have passed a special test ities. These trades include carpentry, conducted by the Ministry of Educa­ printing, tailoring, electronics, welding, tion and those who have attended milling, plastering, brick laying, etc. Voca­ junior high school. The medium of tional training can eventually lead to the correspondence course is radio the acquisition of a technician license. and T.V. The course involves 280 Many inmates have responded well to the days radio and T,V, programmes and training programmes and won prizes in

133 GROUP WORKSHOP IV nationwide sknI contests. SknIful man­ machinery this had caused vocational power is produced in correctional institu­ training to lag b~hind outside industry. Ap­ tion through vocational training. propriate measures should therefore be taken. New trades such as ceramic arts, iV/ajar Problems interior decoration, etc. should be intro­ Due to an increasing trend of reconvic­ duced and co-operation with the Scientific tion involving ex-prisoners, doubt has been Information Centre should be maintained casted on the efficiency of current pro­ and improved. grammes partiCl.llarly in the following It is understood that a correctional areas. services staff training college will be 1) prisoners' response towards training established in the near future. It was programri'es; suggested that in the interest of all correc­ 2) quality of the training programmes; tional personnel this project be expedited. 3) effectiveness of religious programmes in treatment; and Prison Welfare Service 4) co-ordination of skills and knowledge - Individualized Rehabilitative in the training conducted by correc­ Programmes in Singapore tional services and outside industry. Generally speaking, offenders can be Mr. Chew Sin Po on presented his paper described as lazy, and unattentive to voca­ outlined as follows: tional and moral training. In this respect, A scheme consisting of an institutional it has been suggested that continuing and rehabilitation programme operated by the repeated training with improved facilities Prisons Department of the Ministry of be emphasized; and that incentive schemes Home Affairs in conjunction with an in­ such as remission and bonus should be dividualized programme conducted by the introduced for those who have responded Prison Welfare Service of tlle Rehabilita­ positively towards the training programme. tive Services Branch of the Ministry of Due to a shortage of qualified staff, Social Affairs was introduced in October volunteers with inconsistent standards are 1981. The institu tional rehabilitation pro­ used for the implementation of training grammes are run by the living unit officers programmes resulting in sub-standard train­ of the Prisons Department while the prison ing. It is essential to be recruit fully welfare officers of the prison welfare qualified instructors. service work with prisoners in the individ­ Inmates who have no firm previous ualized rehabilitation programme. Institu­ belief are likely to be influenced by any tional and individual rehabilitation begins religious service. The current situation simultaneously so soon as prisoners are involving competition between missionary admitted. services causes emotional confusion to The institutional rehabilitation pro­ inmates instead of achieving its purpose of gramme provides four main services; emotional stability. It was suggested that work, education, recreational, and religioLls the management of religious activities in­ services. side the correctional services be improved The individualized rehabilitative pro­ or strengthened. Due to the recent in­ grammes provide two stages of services to dustrialization in the Republic of Korea, prisoners; namely 1) in prison and 2) after the socio-economic situation has become discharge fr0111 prison. In the prison system an industrial one just like in the United the prison welfare officers are members of States and Japan. This would suggest a a team comprising medical officers, psy­ need for psychological services for the chiatrists, psychologists, social service benefit of the prisoners and correctional officers, education officers, religious in­ programmes. structors, workshop supervisors and prison It was reported that due to a shortage officers. The main fUllctions of the prison of instructors and industrial plant and welfare officers within the prison are to

134 CORRECTIONAL TREATMENT PROGRAMMES FOR PRISONERS

help prisoners to overcome and, or alleviate depends on the recruitment and training personal and family problems arising from of suitable persons to be prison welfare incarceration; to adjust to institutional life officers. These programmes which have and to respond to the rehabilitation pro­ been in operation for 14 months, are gramme; and to make plans for his re­ bound to throw up teething troubles in the integration. After release, the aftercare early stages. However such problem in­ services are provided by prison welfare cluding that of wastage which must be officers. tackled positively. Aside from this it would At present, prison welfare services are appear that these progranlmes show much provided to the foilowing categories of promise for the future. prisoners: 1) Reformative Trainees, Corrective Vocational Training for Offenders Trainees and Preventive Detainees­ in Thailand These classes of prisoners are subject to parole and aftercare under sche­ Mr. Boonsootthi Thanusiri presented his dule of the prisoners of schedule "c" paper in detail. The following is a sum­ and "D" of the Criminal Procedure mary: Code; The objectives of vocational training of 2) First and second offenders who have the correctional services in Thailand are to been convicted of scheduled offences train prisoners to attain a higher level of and sentenced to a term of impris­ trade skills for employment after release, onment of one year or more. The to cultivate in them a habit of doing useful scheduled offences include Penal work and to maintain discipline and order Code; The Corrosive and Explosives in the prison. Substances and Offensive Weapon The allocation of government funds is Acts, and the Vandalism Act. insufficient to fully implement vocational Aftercare for first and second offenders training. To meet this need, capital is is one a non-statutory basis. The success obtained by means of a loan from the of this form of non-statutory aftercare Department of Corrections. The products depends on the willingness of discharged from vocational training will be marketed prisoners and their co-operation towards to the private sector. Of the net profit 50% counselling, and assistance provided by the is paid to prisoners, 15% shared anlong welfare officers. It has been suggested that staff and 35% kept for circulating capital aftercare should be on a statutory basis for the raw material required for vocational because those who do not volunteer are in training, or as settlement against a loan. reality are the ones who need the service This self-financing process operates with the most. government approval, and is unique among The average case10ad of a prison welfare the participating coun tires in the 61 st officer is currently 60. The problem at International Training Course. present lies in the lack of continuity in Vocational training work under com­ follow-up due to a high wastage rate of munity services orders covers farming, for­ prison welfare officers. This problem was estry, and other community work. Institu­ discussed at length, and consideration was tional vocational work include agriculture, given to a suggestion of forming prison Wickerwork, weaving with handlooms, welfare officers into teams of two. It was knitting, motor mechanics, tailoring, print­ also noted that a problem exists in relation ing and work such as hairdressing, road and to time spent waiting for 9 prisoners to building maintenance and repairs, etc. be produced lor interview. It was con­ The criteria for eligibility for prisoners sidered that this minor problem could be for vocational training are as follows: Ovel\!Ome by better co-operation between 1) prisoners sen tenced to longer than those concerned. six months; Progress in implementing programmes 2) medically and mentally fit; and

135 GROUP WORKSHOP IV

3) have the intelligence and capacity for for too long; and corruption. training. It was suggested that the problem of Vocational training and prison work lack of employment in some localities for programmes are organized under the fol­ certain types of vocational training could lowing criteria: be reduced by allowing prisoners to learn 1) pre-admission skills and knowledge more than one trade; that the problem of of prisoners act as a base for work having insufficient funds for raw materials assignment; can be reduced by better management in 2) trades and types of work are organ­ cash flow; that the problem of unneces­ ized according to the locality where sary competition between institutions can facilities and the raw materials are be solved by the regionalization of manage­ economically available; and ment for production quantity, patterns and 3) vocational training and prison work designs; that the problem of producing should lead to a good work habit and substandard goods can be reduced by to acquiring skills for better employ­ putting emphasis on management produc­ ment prospects. tion techniques instead of relying on Regional vocational training centres prisoners' individual skills; that the prob­ have been established with the purpose of lem of tying up capital by high production concentrating and imparting skills to cost can be reduced through overseas prisoners so that prisoners can benefit to marketing; and that more stringent mea­ a greater extent despite a shortage of sures should be introduced to minimize industrial staff iustructors. Agricultural corruption. development centres have also been estab­ In general, the maximum utilization lished with the proposes of giving profes­ of resources in vocational training is con­ sional agriculture knowledge to prisoners, tributing to success in Thailand, despite the carrying out of research, and of turning unfavourable conditions recently devel­ barren land into fertile land. Prison shops oped through change in the socio-economic and exibitions have also been organized situation; cities like Bangkok, Chantabury, to sell prison products. Skill training for etc., are overpopulated beyond their low capital businesses such as wood carv­ planned social facilities. ing, rattan furniture making, silversmithing, etc. is emphasized so that prisoners may if Gangster Groups in Japan: "Yakuza" they wish start a family business after release. Farming and animal husbandry Mr. Hiroto Yamazaki presented his as vocational training subjects were also paper in great detail. emphasized. In summary: "Yakuza" is a collective It was noted that the following prob­ term for organizations, or groups whose lems existed: Work in some prisons bears main business is crime. It is not a criminal no relation to employment prospects in offence to be a member of "Yakuza". their localities; sometimes raw material It has been in existence for a long time, requirements for vocational training can adapting itself to changes in society. At not be obtained because of insufficient the end of 1981, the police acknowledged capital; there is unnecessary competition the fact that there were 2,452 "Yakuza" between institutions caused by overpro­ groups with an active membership of duction of the same kind of goods, this 103,263 throughout Japan. generates a low return on investment; Current "Yakuza" groups have three selling prices occaSionally are below the different origins, namely the "Baku to" cost of materials; some prison products or the gamblers groups, the "Tekiya" or are below proper market standard due to the street stallmen groups and "Guren-tai" unskilled workmanship and a lack of or the racketeers groups. "Bakuto" and instructors; the high manufacturing and "Tekiya" originated in the middle of the material cost for some items ties up capital Edo era, 18th century and have a strong

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CORRECTIONAL TREATMENT PROGRAMMES FOR PRISONERS feudal rank system. "Gurentai" originated racing, etc. Crimes accompanying organ­ from the chaos of World War II and has no ized crimes are assault, injury, homicide, traditional organization and no feudal etc., resulting from conflict between rank system. After the War, these three "Yakuza" groups. In recent years, it has origins had mixed up in the course of been noted that the "Yakuza" has com­ socio-economic changes, and their organi­ mitted intellectual crimes such as fraud by zations, activities and territories had be­ the misuse of insurance systems, extortion, come so similar that they were generally etc., and that the "Yakuza" has extended called "Boryoku-dan" or "Yakuza" in the activities internationally in the smuggling late 1950s. of dangerous drugs and fircarms. At present each "Yakuza" group has At the end of 1980, 11,123 prisoners its own membership, territory and origin. were "Yakuza" members which accounted A "Yakuza" group has its own boss, office­ for 26.6% of the total prison population. bearers and members. Often the boss of Most of them were classified as Class B one "Yakuza" group has a "blood brother­ prisoners (high criminal tendency), under hood" relation with the boss of another Class B treatment programmes which group, and a "Godfather" relation with emphasize re-education and living-guidance. the boss of one or more groups. Such a "Yakuza" members all less likely to have structure forms a big "Yakuza" group. parole and probation in 1980, only 4.5% Tattoo and cutting off a finger are the of the total parolees and 4.7% of those particular customs in "Yakuza" society. under probation were "Yakuza" members. "Yakuza" has strict rules of its own l1nd Rehabilitation for such prisoners can not brutal punishment such as lynching, be successfully achieved unless their ties cutting off fingers or expulsion is inflicted with the "Yakuza" groups are severed. to offenders who infringe the rules. The fact, however, is that "Yakuza" More than 90% of "Yakuza" members members after serving a sentence for a have criminal records. In 1981, 8% of crime committed for the benefit of a group Penal Code offenders were "Yakuza" will get recognition and promotion in rank, members. In the same year, the number of it is also not illegal to be a "Yakuza" "Yakuza" members arrested under the member, so there is little incentive for Nerve Stimulant Control Law amounted prisoners to sever their relationship with to 10,935 or approximately 50% of the the "Yakuza"after release. While the total stimulant drug offenders. freedom of allowing people to belong to Organized crimes committed by a society is respected without reservation, "Yakuza" have been normally the tradi­ it was pointed out during the discussion tional ones such as smuggling stimulants, that "crime is the price you pay for that gambling, and illegal activities in horse freedom".

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WORKSHOP V: Community-Based Treatment and Others

Summary Report of the Rapporteur Chairlady: Miss Masako Saeki Rapporteur: Mr. Mitsuru Itaya Advisors: Mr. Yoshio Noda Mr. Seiji Kurata

Titles of the Papers Presented in different countries. Open Air Prison, often called "Prison without Bars," is a 1. Open Prisons in India with Special Re­ post-Independence phenomenon in India. ference to Anantapur Prisoners' Agricul­ In other parts of the globe, open prisons tural Colony in the modern sense came into vogue dur­ by Mr. V. Appa Rao (India) ing the 40's. All along, prisons were meant 2. Improvement of Correctional Pro­ to lodge offenders to keep them out of grammes in Nepal circulation and thus protect the society by Mr. Revati Raj Kaf/e (Nepal) from their depradations and for deterrence. 3. Probation Services in Papua New Guinea The concept of reformation and rehabilita­ by Mr. Twain POllgi (Papua New Guinea) tion appeared on the arena very late. 4. Classification of Prisoners in Sri Lanka The first British open prison New Hall by Mr. Jeoffrey Gunasekera (Sri Lanka) Camp was started in 1936. It had no walls, 5. Utilization of Halfway-house in Com­ not even boundary fence. Americans too munity-based Treatment of Offenders followed soon. by Mr. Mitsuru Itaya (Japan) Mr. Appa Rao elucidated the raison 6. The System of the Volunteer Probation d'etre of open prison philosophy which Officer in the Community-based Treat­ is as follows: ment of Offenders in Japan 1) To provide a more realistic social set­ by Miss Masako Saeki (Japan) ting to learn law-abiding behaviour; 2) To avoid institutionalizing effect of Introduction the closed prison; 3) To reverse the process of criminaliza­ The group consisted of one police of­ tion acquired during incarceration in ficer, two correctional officers, two proba­ a closed prison; tion officers and one social welfare officer. 4) To weaken the corrupting inmate­ These participants with different profes­ culture; sions and coming from different countries 5) To strengthen staff-inmate interac­ presented their respective papers, titles and tion; and contents of which varied very much, 6) To promote inmate identification but most of the discussions were related to with the rehabilitative aims of the prison administration and improvement of institution. community-based treatment. During the freedom struggle in India, in the first half of this century, hundreds Open Prisons in India with Special und thousands of prominent leaders were Reference to Anantapur Prisoners' jailed by the alien government. Half a Agricultural Colony century of prison life taught them enough lessons and soon after Indian Independ­ The first paper for the group workshop ence, some of these leaders who became was presented by Mr. V. Appa Rao of chief ministers and prime minister, brought India. He traced the origin of open prisons about myriad prison reforms. Open prison

138 COMMUNITY-BASED TREATMENT AND OTHERS is one such. The first open prison in India should have undergone some period of was started in Uttar Pradesh State in 1949. imprisonment in a closed prison and The second open prison was started in should 110t have more than 5 years to serve. Andhra Pradesh State in 1954. Now Selection is done by a committee consist­ there are 33 open prisons in India with a ing of Deputy Inspector General of prisons, sanctioned capacity of over 5,000 inmates. Superintendent of the prison, Doctors, Of all the corrective experiments under­ Jailor and Welfare Officer. Inspector taken in India, it can be said with some General of prisons approves the list. Then sense of pride and achievement that the they are transferred to the closed prison employment of prison labour in open nearest to the open prison where the conditions has prov{;d to be the most Superintendent of the open prison gives successful experiment from every point necessary orientation. of view. Inmates in open prison work under Mr. Appa Rao had vividly analyzed the minimum physical supervision. They go to origin and growth of Anantapur Prisoners' work in agricultural fields by themselves Agricultural Colony which was inaugurated and if necessary stay overnight to watch in 1965 by the ex-president of India the crops in the fields and irrigate the Dr. N. Sanjiva Reddy. Its authorized fields. They go to the District Head­ capacity is 235 inmates. The location quarters Town Anantapur for selling of the colony is very ideal and does not vegetables in the market or bringing give the impression of a prison. It looks grocery articles. However, they are to re­ like a good agricultural farm. It has 1,427 turn by 5 p.m. and stay in the colony. acres of land, where they grow various During 17 years of this colony's existence, crops like groundnuts, jawar, horsegram, only 24 prisoners escaped, out of whom cotton, caster, orchards and vegetables. 18 returned or apprehended and 6 are During 1981-82, the colony earned about still absconding. By and large there are not Rs.3,29,976. The annual recurring expen­ many recidivists. Open prison offences diture on this colony is about Rs.8 ,00,000. are; going out of the colony without per­ The colony has 3 dormitories each ac­ mission; refusal to take due care of prison commodating 80 inmates with bath and property; negligence in work; and deroga­ toilet facilities. The buildings are very tory behaviour. For these offences, the spacious. Each inmate is provided with a punishments are; warning; fine: forfeiture bed-cot, mattress, bed-sheet and pillow. of remission; and return to closed prison, The blocks are electrified and have round­ etc. the-clock running water facilities. There is Mr. Appa Rao further explained the no compound wall around the colony. special amenities given to inmates. They There is a 4 feet high green fence to are: 1) 8 days remission per month com­ prevent stray cattle from getting into the pared to 5 days remission of closed prisons; colony. There are no sentries and no 2) extra diet; 3) extra clothing and toilet firearms. items like soaps, oil, etc; 4) liberal parole Inmates are selected after careful pro­ and furlough; and 5) educational, recrea­ cessing of their cases. There is no direct tional and medical facilities. committal of prisoners to the open prisons. Crime-Wise Break~Up shows that about They are selected from closed prisons. 70% of the inmates are sentenced for Inmates should have: casual and star life-inlprisonment for committing murders class, residents of Andhra Pradesh State, and the rest 30% are concerned in bodily good physical and mental health, age offences like grievous hurts, rash and between 21 and 55 years, good conduct negligent acts resulting in death. Lifers and emotional stability, good family ties, in general are found to be very well be­ willingness to work in open prisons, haved in prisons. should not be a habitual prisoner or Mr. Gunasekera, the participant from political agitator or dangerous prisoner and Sri Lanka, explained the open prisons in

139 GROUP WORKSHOP V his country. They are almost identical with Mr. Kafle pointed out the main ob­ those of India. But the open prisons stacles in the correctional programmes in have very limited acreage and semi-trained his country which are as follows; staff. (1) The government could not pro­ The participants from Nepal,Papua New vide prison work to many prisoners. Guinea and Japan, Mr. Kafle, Mr. Pongi According to the Prison Law, the prison and Miss Saeki respectively, stated that administration is to provide work to the they had no open prisons in their coun­ prisoners. But it has not been fully tries. Advisors Mr. Kurata and Mr. Noda implemented in many prisons. Most explained that in Japan the open treatment of the prisons are very old and out­ method had been introduced in institutions dated. There is insufficient space to like Ichihara, Kakogawa prisons and establish workshops. In the new prisons Saijo branch prison and Kitsuregawa small scale industries such as handloom, Agricultural School, etc. carpentry, matting, bamboo work and In view of the great success of open handicraft industries have been estab­ prisons in some countries, the group lished. But in most of the old prisons, recommends their adoption in other prisoners have nothing to do. It seems countries also. to be a hindrance for the improvement of correctional programmes for better Improvement of Correctional rehabilitation. His Majesty's Govern­ Programmes in Nepal ment has chalked out a ten-year housing plan. According to this plan, more The second paper for the group work­ prisons are to be constructed to solve shop was presented by Mr. Kafle from this problem and to provide work to Nepal. He stated that before the advent of every convicted prisoner. democracy in Nepal, the condition of (2) There is no separate correctional prisons was not satisfactory. But after service in Nepal. Among the prison democratization, the conditions of prisons personnel, custodial staff belong to are being improved. New Prison Act was police service, medical staff belong to brought into the Statute Book in 1963 general health service and other ad­ and Prison Regulations in 1964. These ministrative staff to general civil service. laws and rules are based on the UN Stand­ Teachers for adult literacy programmes ard Minimum Rules for the Treatment of and instructors for technical training Offenders. But due to limited economic programmes come from the Depart­ resources all the goals have not yet been ments of Education and Small Scale achieved. Industries. Most of the personnel do Nepal is a developing country. It ha~ not want to be posted in the prison given priority to the basic needs of the service, because the job in the prison is people. So most of the budget is utilized difficult and there are no extra-facilities. for the developmental programmes. Cor­ Besides this, the prison officials are not rectional programme has received the well trained in their respective jobs. least priority. There is no separate training institute Correctional programmes have not for correctional personnel. There is one achieved the desired goals. Hence a high Administrative Staff College in the level Prison Reformation Committee was country, where civil staff are trained. formed in 1972 to study the conditions of Custodial staff are trained in the police prisons in the Coull try and suggest effec­ training centres and medical staff in tive remedial measures. The committee the medical institute. presented its interim report in 1973 (3) The status of correctional of­ and final report in 1974. His Majesty's ficers is not so high compated to the Government is implementing the sugges­ other departmental officers of devel­ tions presented by the committee. opmental activities. So, well qualified

140 COMMUNITY-BASED TREATMENT AND OTHERS

persons do not prefer prison jobs. The specific conditions imposed are: (4) In many parts of the country obedience to the instructions of the proba­ there are no transport facilities. Many tion officer and law; keep peace and good prisons are situated in remote hilly behaviour; keep the probation officer areas. In the plain Terai area and in informed in advance about change of those districts where transport and residence; consult him about employment; Gommunication facilities are good, the and permit his visits to the house, etc. prisons are overcrowded. There is one Unlike the adult probation service separate prison in Katlunandu for which has been introduced recently (1979) unconvicted prisoners. In the new as an alternative to imprisonment, the prisons, convicted and u'1convicted are juvenile scheme (children under 16 years) kept separately. There is no separate had been in existence since 1963. It has prison for female prisoners, but in every been modified to suit the minors but it has prison female prisoners are kept sepa­ a lot of limitations and thus cannot meet rately within the same prison com­ the current needs and situations as the pound. In many old prisons there is Chlld Welfare Act, which provides proba­ no separation of convicted and un­ tion services, was enacted 20 years ago. convicted, young and adult prisoners Although tllere is a draft on the Youth due to lack of space. Court Act, the provision for probation The prison problems are due to in­ has been overlooked and hence immediate adequate finances. His Majesty's Govern­ review to reactivate the services granted to ment has given the least priority to the juvenile offenders should be made. correctional programme compared to other As years rolled by, the number of developmental activities. Due to financial juvenile offenders placed on probation problems, the government could not es­ has been declining due to lack of knowl­ tablish a separate department for correc­ edgeable manpower and excessive staff tional service, elevate the position of mobility. The Probation Act (1979) correctional personnel, and make arrange­ provides for probation of adult prisoners. ments for suitable training programmes for The main reason for its introduction correctional staff. So, in the future it can is to save cost for the government. Two be hoped that correctional programmes centres/provinces (20 provinces in the would get better priority compared to the country) were selected in late 1980 and present correctional programmes so that probation service is being carried out as the goals set in the UN Standard Minimum pilot projects. The juvenile service has been Rules for the Treatment of Prisoners with the "Social Services" since its incep­ could be achieved. tion, with the Director of Child Welfare having to be responsible to the Minister, Probation Services in and 150 gazetted "Welfare Officers" and Papua New Guinea a handful of honorary welfare officers act as voluntary probation officers over The third participant Mr. Pongi present­ children placed on probation. The adult ed his paper entitled "Probation Services probatiol1 service is administered by the inPNG". Chief Probation Officer who is responsible The concept of "probation services" to the Secretary for Justice Department practised in PNG is identical with that of and the Minister for Justice. The service other developed and developing countries. has a Chief Probation Officer and a Senior Probation is the second chance given by Probation Officer who are assisted by 19 the court after conviction, with the very volunteers. aim of keeping the offender's family Sections 32-43 of the Child Welfare Act intact, maintaining community ties, and deal with powers of courts to make proba­ requiring hlm to engage in responsible tion orders. Persons under such orders are conduct by working for his own support. subject to supervision of the Director.

141 GROUP WORKSHOP V

With the inauguration of the Probation tions there are about 12,000 prisoners, Act, to reduce inhumanities and degrada­ the breakdown of whom is about 7,000 tion of overcrowding, people had high remand prisoners waiting for trial and hopes in the scheme. Courts had been 5,000 convicted prisoners, although the sentencing adult offenders on either (a) authorized capacity for these 20 prisons bond, (b) fine or (c) imprisonment. As is only about 7,000. Out of the 7,000 bond has no element of supervision or re­ remand prisoners more than 30% are sub­ habilitation, the introduction of probation sequently acquitted. was welcomed. But PNG experience in Convicted prisoners could be classified the last 30 months has shown that the into females and males, youthful offenders, service is not fully utilized. Indeed PNG first timers, second or third timers and record shows that 44 offenders were placed repeaters. There are maximum security on probation in 1980; 17 offenders in sections for the location of high risk or 1981, and only 2 offenders up to August dangerous prisoners and escapees in certain 1982. Obviously, this is a downward trend, institutionf:. and unless the government steps in to Because of the serious overcrowding in remedy the difficulties hampering the the prisons, it is not practicable during efficient administration of the service, the daytime to avoid contact and contamina­ situation would certainly become worse. tion between remand and convicted Mr. Pongi highlighted the obstacles prisoners, first timers and repeaters, etc. hampering effective adminstration of the A careful analysis of offenders impris­ service, namely: ignorance of subordinate oned for minor offences will show that a judiciary about the law and procedure; large percentage of the inmates could be non-availability of suitable trained staff; conveniently diverted to non-custodial alien character of the scheme; lack of treatment, because prisons in Sri Lanka support from the locals; and loop-holes in today suffer tremendously from extremely the Act and inadequate finances. short-term prisoners such as those sen­ India, PNG, Sri Lanka and Japan have tenced to imprisonment for one or two probation while Nepal has no community­ weeks. based programme for offenders. To carry out classification, prison The chairlady, Miss Saeki elucidated the officers basically need to establish the Japanese Probation System and said that identity of the inmates and need to know it succeeded in her country because of the previous experience of imprisonment, active cooperation from the community. ifany. The group unanimously recommends However, prison officers in Sri Lanka that there should be close cooperation and are usually not authorized by law to take coordination amongst the criminal justice photographs and fingerprints of the in­ agencies which can be brought about by mates. These are kept by the police, but arranging meetings, conferences, seminars, in most of the cases these are not given etc., issue of "Dos" and "Don'ts" circulars, by the police to the prison service. Hence periodical inspections, stricts selection of prison officers very often have to rely on suitable offenders and staff. newly admitted prisoners' account on whether he has previous experience of in­ Classification of Prisoners in Sri Lanka carceration or not, and if he has, how many times. As such it might happen that The fourth participant MI'. Gunasekera a man under a false name is admitted and from Sri Lanka discussed about the prob­ he is classified into a first timer although lems regarding the present classification he has experiences of incarceration several system in his country. times. According to him Sri Lanka has about As the result of an intensive discussion 15 million population and the present the followings were recommended: number of prisons is 20. In these institu- 1) It seems that to solve the problem

142 COMMUNITY-BASED TREATMENT AND OTHERS

of overcrowding is urgently needed to Utilization of Halfway House make the present system of classi­ in Community-Based Treatment fication workable and to make the of Offenders treatment of prisoners more effective. For this purpose, it was observed by all Mr. Itaya of Japan presented the fifth the participants that ways and means paper for group workshop in which he such as some system of diversion should discussed at first the importance of com­ be explored to decrease the number of munity-based treatment of offenders and remand prisoners, and that present its inherent problems. As the offender practice to sentence minor offenders to placed under community-based treatment short-term imprisonment should be lives in the community without any avoided as far as possible and instead physical restriction, it is difficult for a there should be a wider ust; of non­ supervisor to keep proper contact with custodial treatment. him, and to prevent a further crime which 2) In order to make the present may be caused by influence of bad friends. classification system workable, the He said therefore that utilization of accom­ prison service should try to have more modation facilities, i.e., halfway houses, and frequent communications with the must be considered as one of the counter­ police and other rela ted criminal justice measures against tlus problem. In his paper, authorities to make them give the prison he touched upon especially "halfway-in­ service more information on the pris­ house" which is called in Japan "Rehabili­ oners. tation Aid Hostel". In this connection the participants from Mr. Itaya then explained the actual Japan introduced the ming system in the situation of halfway houses in Japan. Japanese prisons. In Japan a prisoner is Presently there are 104 halfway houses for taken his photograph and fingerprints on adults and/or juveniles, whose total author­ admission because it is not prohibited by ized capacity is 2,593. All of them are run law. The fingerprints are sent to central by foundational juridical persons who administrative office, i.e., the Correction obtained official approval of the Minister Bureau of the Ministry of Justice and kept of Justice, and they receive reimbursement there. Then an individual me is opened and from national funds for their services, but detailed facts on his treatment, his reaction its proportion to the total income of to it and other miscellaneous matters are halfway house is only a half. So they face recorded until the day of his release. This the shortage of funds which prevents them me is kept at the prison from which he from employing young superior staff. was released. His release is notified to the Average age of all 467 staff members is Correction Bureau. If he is imprisoned about 56 years. Seven halfway houses have again, his fingerprints are sent to the their own workshops (e.g., bakery, toy Correction Bureau and automatically his manufacturing, car maintenance, printing previous experience of imprisonment is and city sewerage services) to provide a made known to the prison where he is now job for persons who do not fit for outside incarcerated and his file kept at the former employment. And there are some special prison is immediately sent to the present halfway houses for traffic offenders and prison, and there new records are added to mentally disturbed offenders. the file. There is no limitation of period Mr. Itaya analyzed the functions of a in which the file should be kept. It was halfway house into three: namely; 1) help­ observed by the participants from Japan ing livelihood, 2) living guidance, 3) re­ that this file serves for various purposes formation and adjustment of ex-offender's such as classification, decison of individual environment. He said that these functions treatment programme and parole. should be integrated for successful treat­ ment in halfway houses, but the treatment programmes for the residents in most

143 GROUP WORKSHOP V halfway houses have not well formulated. exercised by juveniles because it is relative­ He introduced two experimental treat­ ly easy for them to find jobs to live on. ment programmes which utilize halfway Secondly, due to lack of the suffichmt house concept. The first is "Special Parole fund available, halfway houses can accom­ Services Programme for Long-Term Pris­ modate them only up to 50 days in average oners" which has been launched since 1979 although the law prescribes they can stay for parolees serving the sentence of eight for 6 months after discharge. Thirdly, years or more. They are accommodated in sometimes halfway houses reject to accept halfway houses for the initial three months some troublesome ex-offenders, since they after their release on parole and given are concerned about causing troubles with intensive individual as well as group coun­ residents in the community. Mr. Itaya em­ selling in addition to the guidance to phasized this poses correction a dillemma ordinary social life from which they have because the more troublesome ex-offenders been secluded for many years. In this case, are, the greater there is a need to provide a halfway house plays a buffer zone be­ them with adequate treatment programme tween prison and community. Secondly, in halfway houses. But if they are rejected, he explained the "Give-up-drinking Soci­ they cannot be treated properly in other ety" organized in some halfway houses places since most of them are those who in order to get rid of the residents' bad have unfavourable family situations. drinking habits. In the meeting of the Mr. Pongi of PNG pointed out the half­ society, the members who have bitter ex­ way house would defeat its purpose if it periences express their drinking problems is used as a "welfare" measure. Mr. Itaya and seek solutions from other members responded that these types of welfare are during discussions. In Japanese culture, secured for every citizen without any such a mutual watch system is sometimes discrimination by the other laws. Besides, very effective. the Law for Aftercare of Discharged Mr. Itaya lastly discussed in his paper Offenders has two objectives; one is to certain problems facing the effective utili­ provide ex-offenders just released from the zation of halfway houses. The law in Japan prison with shelters, foods, employments, prescribes that in emergency cases such as etc., and the other is to provide proba­ injury, sickness or lack of proper temporary tioners and parolees with the community­ lodging, residence or job, a probation based treatment while keeping them office: can refer a subject to a halfway separate from bad company. house, but there is no provrsion to force As for staff training, Mr. Itaya said that a subject to live in a halfway house. This more than 90% of the staff in charge of fact prevents from positive utilization of treatment of offenders are also appointed halfway houses in Japan. And he further volunteer probation officers who received pointed out frictions between halfway the VPO training. In addition to that, houses and their neighbourhood. Some Rehabilitation Aid Hostels Associations halfway houses in Japan are protested by hold seminars for the halfway house staff inhabitants in the community because of on both prefectural and district levels. misconducts of halfway house residents. There are no lodging facilities similar to In reply to a question, relating to the Japanese Rehabilitation Aid Hostels in occupancy rate, Mr. Itaya mentioned that India, Nepal, Papua New Guinea and Sri it is around 60% in Japan, and stressed the Lanka. But in Sri Lanka the District Proba­ rate is much lower for certain houses, tion Committee helps ex-offenders in especially those for juveniles. There are obtaining employment, and Ex-prisoners' several reasons. Firstly, those ex-offenders Cooperative Construction Association even may leave the halfway houses earlier, since supplies constructive work to them, though the instruction to stay in the halfway the efforts of the former is not so effective. houses does not have any legally binding As for relations with the community, power. Such early leave is more frequently Mr. Gunasekera stated, in Sri Lanka the

144 COMMUNITY-BASED TREATMENT AND OTHERS staff of the work camp go around the term "inadequacies" is generally inter­ village once or twice a month to find out preted not to mean merely shortage of if there is any complaint against inmates PPOs but, in particular, special assets that among villagers, in order to keep good only VPOs possess. Special characteristics relations with the local residents. In India, ofVPOs are as follows: Mr. Appa Rao mentioned there was some resistance in the community against the 1. "Local" Nature open prison, but at present the relations As a member of the community where have been quite good, because of the severe the offender lives, the VPO's knowledge classification standard in selecting those about every facet of local life enables him eUgible for open prison treatment. to take the most suitable approach in The members of this workshop ex­ dealing with the offender. Besides, he can changed views on alcoholism and its obtain cooperation from the community's negative effects with reference to the Non­ residents and mobilize the social resources. Alcoholic-Anonymous Society and its counterparts for ex-offenders in Japan. 2. Non-Officialism They agreed that alcoholism should be The offender is always reluctant to discouraged since it easily triggers deep approach governmental agencies. But the troubles and crimes in the society. VPO can reduce his hostility against governmental authority because of the The System of the Volunteer Probation volunteer's non-official status. The very Officer in the Community-Based fact that he is working without any Treatment of Offenders in Japan payment or obligation would certainly in­ fluence the offender more than the PPO. Miss Saeki of Japan, in her paper, But recently the VPO system has been described that public participation in Japan facing some problems. One of them is refers to the community-based treatment recruitment o[ volunteers. After World of offenders such as probation, parole and War II, rapid economic growth resulted in aftercare. voluntary work being looked down by the In Japan, this treatment is implemented community people. Among all voluntary by close collaboration between the pro­ works it has been more difficult to recruit fessional probation officer (PPO) and the suitable persons to become VPOs. The volunteer probation officer (VPO) who main reasons are as folloW5: the VPO's supervise and assist probationers and/or work is different from ordinary social parolees. welfare activities; his work is very demand­ Throughout Japan there are about ing; indeed he has to sacrifice much of 46,900 VPOs who are recruited from his own time and sometimes his own among the ordinary citizens. The VPO money while engaging in voluntary work; should have the following qualifications as and so forth. per the Volunteer Probation Officer Law: As the countermeasures of this problem, 1) Having confidence and recognition in Miss Saeki proposed that the recruitment the community with respect to his of VPOs shCJuld be publicized. At present, personality and conduct; actually VPOs look for other suitable 2) Having enthusiasm and devoting his persons as the candidates of VPOs every­ time [or such works; where in Japan. But in urban areas, it has 3) Having financial stability; and been very difficult. If pUblicity is given, 4) In good health and huving energetic potential VPOs could be recruited because attitude. of their enthusiasm in the work, which is Article 20 of the Offenders Rehabilita­ the most important condition in becoming tion Law prescribes as follows; "the VPO a successful VPO. shall assist the PPO and make up for The group discussed this problem. As inadequacies of the latter's work ...". The for publicity, Miss Saeki mentioned that

145 GROUP WORKSHOP V

the general public have only the vague India, Nepal, PNG, Sri Lanka and Japan, knowledge of the system of the VPO and the concept of "Doing something for are unaware of the problems which the nothing" or "voluntarism" is dying away system is faced up with. because of modernization. Even though the probation office The group concluded that to recruit and its voluntary agencies such as VPO's suitable persons to become VPOs, more Associations, Big Brothers and Sisters publicity is necessary, and stressed that Associations, Women's Associations for in rehabilitation of offenders, public Rehabilitation Aid, etc. have organized participation should also be given due annual nation-wide crime prevention cam­ consideration. paign for the last 32 years under the auspices of the Ministry of Justice, the Conclusion focus has been placed not on the matter of recruitment of VPOs but on prevention Through all discussions, the members of crime and on involving citizens in the of this workshop had a consensus that in prevention of recidivism of convicted of­ order. to improve criminal justice system fenders through accepting and helping there should be more frequent and close them. communication and liaison among all When Mr. Pongi was asked to comment agencies of it. The group also acknowl­ on the concept of volunteer system in his edged that great efforts should be made to country, he mentioned the possibility of develop and improve alternatives to im­ utilizing the experiences of ex-offenders prisonment in order to reduce the prison in the correctional system, adding that in population and to solve overcrowding PNG the juveniles who were once leaders problems in prisons with less costs. of young gangster group give advice on In addition, it was unanimously agreed rehabilitation of the other youngsters. On that the general public have the potential this point, Miss Saeki mentioned that to make an enormous contribution to the several ex-offenders have started business treatment of offenders, not only by their ventures of their own after discharged from direct help to offenders, but also by such supervision and have been employing ex­ activities as creating environments con­ offenders with the ainl of resocializing ducive to healthy development of human them into the community. But there has society. In this regard, it was also agreed been opposition as to whether they should that more efforts should be made to secure in fact become VPOs. public involvement in the treatment of Members of the group expressed the offenders by convincing and refined pub­ grave concern on the tendency or the licity and public enlightenment on the concept of materialism which "Nothing is urgency and necessity of such public free; Everything costs", as was quoted by participation. Mr. Pongi, where in the urban areas of

146 PART 4: REPORT OF THE COURSE

Improvement of Correctional Programmes for More Effective Rehabilitation of Offenders

Summary Report of the Rapporteur

Session 1: Current Correctional System of Prisons is the head of the Correctional and General Trends in Service';' In Bangladesh there are four Population in Corrections central prisons, 15 district prisons and 39 sub-prisons. All sub-prisons are used for Chairman: Mr. Bhagat Ish Kumar accommodating under-trial prisoners. There Rapporteur: Ml: Loh Siang Piow is only one juvenile institute which has @Loh Chan Pew three different functions; they are 1) Advisor: Mr. KeizQ Hagihara Juvenile Court, 2) Correctional Institution having vocational training, 3) Arrangement and Educational Institute. Staff working Introduction in the three sections totalled 42 and the number of juvenile offenders 198. It is the general consensus that the Prison population at the beginning of fundamental objective of corrections is the 1980 was as follows: rehabilitation of offenders, whether such convicted = 6,512 institutions are prisons, juvenile centres or male = 6,396 other types of correctional institutions. female = 116 Although developments in correctional under-trial prisoner = 19,830 programmes have been made within the male = 19,367 last two decades, it is still felt that further female = 463 improvements can be brought about to Since 1980 there was a slight increase improve the conditions of inmates in order in the prison population. The total number to encourage them to change their attitude of officers and staff in the service at the concerning criminal activities and to re­ beginning of 1980 was 3,587. Overcrowd­ integrate into society. Efforts were made ing is the biggest problem in Bangladesh. by the participants to review and assess the current performance and programmes 2. Fiji of corrections in their respective countries The participant from Fiji spoke about and to Introduce more effective pro­ the prisons in his country. There are 10 grammes for rehabilitation, in doing so prisons with total accommodation for 976 particular reference to the United Nations prisoners. The prison service is governed Standard Minimum Rules was made. by the Fiji Prisons Act and its authority extends throughout the country. It is un­ Correctional System and Trends der the administration and direction of the in Population Minister for Home Affair, with the Perma­ nent Secretary as the overall supervisor 1. Bangladesh under section 82 of the Fiji Constitution. The participant from Bangladesh briefly The average daily population of pris­ explaind the Bangladesh correctional sys­ oners is 1,234 and the staff strength 421. tem, which is controlled by the Ministry The prison population in Fiji mainly of Home Affairs. The Inspector General consists of convicted prisoners. Juvenile

147 REPORT OF THE COURSE inmates are usually accommodated in the present correctional system in India. institutions administered by the Social He reported the statistics from 1978 to Welfare Department. Fiji has no over­ 1980: the total number of prisoners as of crowding problem. 31 December 1978 were 185,655 and on 31 December 1980 were 140,764 out of 3. HongKong which the number under trial was 119,336 The chairman, who is from Hong Kong, and 83,427, respectively. As of 31 Decem­ presented the current correctional system ber 1978 there were 66,319 convicted and general trends in population in Hong prisoners and on 31 December 1980 there Kong. were 57,337 convicted prisoners. The Hong Kong correctional service is There are 1,200 prisons in India cate­ an integral part of the Hong Kong criminal gorized as central prisons, district prisons, justice system. The service is responsible state prisons for women, special prisons, for the safe custody of offenders sentenced open prisons and sub-prisons. He brought to prisons and other correctional institu­ to the attention of the participants the tions and to provide in the institution the overcrowding problem in Madhya Pradash, necessary environment, facilities and serv­ the Punjab, Delhi and Mizoram. He added ices for rehabilitation. In order to meet that there was a need for the construction these objectives, correctional institutions of more prisons. operate in accordance with spedfic treat­ He pointed out in addition to the ment programmes designed to deal with overcrowding problem the following major the various classes of offenders. Prisons issues facing the Indian Correctional are classified as maximum, medium and service: minimum security, otl1-'r correctional insti­ 1) Lack of coordination anlOngst the tutions include training cen tres, a detention various agencies dealing with correc­ centre for young offenders, and a drug tional services, addiction treatment centre. There is also a 2) Lack of uniformity in correctional psychiatric centre for mentally disturbed admini:-;tration in the different states offenders. As a treatment policy males of India, and females, first offenders and habitual 3) Inadequate funding, offenders, young prisoners and adult 4) Old prison buildings, prisoners are accommodated in different 5) Lack of support from the communi­ institutions. ty for correctional measures, There are a total of 18 penal institutions 6) Inadequate training for correctional and a staff training institute all administer­ personnel, and ed from a Headquarters on Hong Kong 7) Much of the prison legislature and Island. Each institution is headed by a prison manuals require revision. Superintendent with the exception of two maximum security institutions where there 5. Indonesia is a Senior Superintendent in charge. The Government agency responsible All programmes are based on a multi­ for the implementation of the system disciplinary team work approach. Pemasyarakatan is the Director General As to the correctional personnel the of Corrections under the Department of chairman explained that as of 31 Decem­ Justice in the Republic of Indonesia de­ ber 1981 the total establishment was scribed by the participant from Indonesia. 4,947. Total staff in post on that day was Within the DepartJ1lent of Justice the 4,291. The total number of prisoners held Director General of Corrections is on the in the various prisons were 6,979 excluding same level with as three other Director illegal immigrants. Generals, namely, the Director General of Law and Regulation, the Director of Im­ 4. India migration, the the Director General of The participant from India explained Ordinary Court.

148 SESSION 1

At present, the Director General has In each of these two schools there are three Directors, namely, the Director of social. workers and vocational training is Inter-Mural Treatment who deals with the given. institutional or inter-mural treatnent of She further mentioned that the Law prisoners, the Director of Extra-Mural of the State Organization for Social Re­ Treatment who deals with non-institutional form No. 104, of 1981 plays an essential or extra-mural treatment including proba­ role in the treatment of offenders which tion and parole and the newly established emphasizes the further enhancement of Director of Intra-Mural Treatment for effectiveness and humaneness in the treat­ Youthful Offenders and Juvenile Delin­ ment of offenders. quents. In Indonesia there are 365 prisons 7. The Republic of Korea including 3 prisons for women and 9 The participant from the Republic of juvenile correctional institutions, one of Korea reported that there are 28 prisons, which is for young girls. One special house 2 young offender centres, 3 detention of correction treats only male offenders up houses, 12 reformative houses in the to the age of 27 years. Republic of Korea. The inmate population Certified accommodation is for 70,000 is 50,000 of which 33,000 are convicted inmates. The total number of inmates is prisoners. The staff strength is 7,000. around 35,000. He pointed out, however, Korea is not facing any problem of over­ that owing to the remote situation of some croWding. prisons the distribution of prisoners is not even. 8. Malaysia For instance, the Juvenile Prison for The participant from Malaysia spoke on Girls in Tangerang and the Juvenile Prison the current correctional system and general for Boys in Karargasen Bali are under­ trend in Malaysia. populated. To illustrate, he pointed out The Malaysian Prison Services consists that on one particular day in 1980, only of the Prisons Department of Peninsular nine girls were in the Tangerang Girls Malaysia, Prisons Department of Sarawak Prison whereas its capacity is for 100. and Prisons Department of Saball. The overall administration of the Prisons 6. Iraq Department is vested in the Director­ The participant from Iraq reported that General of Prisons who is responsible to there are two main offices in the State the Minister of Home Affairs for the super­ Organization for Social Reform: general vision and management on all matters in office for adult reform and general office connection with prisons for the conduct for juvenile reform. As for the office of and treatment of prison staff and also for adult reform there are four prisons in all other laws relating to prisons and Iraq. Two of them in Baghdad, namely, prisoners. Abu Charib Central Prison for men and The Director-General is assisted by two the other for woman prisoners. The third Deputy Directors, the Director of Indus­ prison is in the north of Iraq in Ninevah tries, Senior Superintendent of Detention and the fourth prison is in the south of Camps, Senior Superintendent of Welfare Iraq in Basrah. and Aftercare Administration Officer, Re­ She stated that as for the office of search and Planning Officer, Superintend­ juvenile reform, it consisted of the follow­ ent of Development and Security Officer ing: detention house in Baghdad and and Education Officer. There are a total of detention house in Ninevah. 31 penal institutions in Malaysia, including In each of these two houses there are two training centres. social workers from the social services He went on to provide information on office in the Ministry of Justice: Youth the general trends in population and per­ Training School and ref0l111atory school. sonnel in the correction service in Malaysia

149 REPORT OF THE COURSE which has 5,000 staff, 160 counselling 5 borstal schools, 50 district prisons and officers and 30 technical staff. The inmate 4 women prisons. There are 34,000 pris­ population as of 31 December 1981 was oners in the various prisons of whic..:h 11,166 of which 8,117 (73%) were con­ 20,000 are remand prisoners. The number victed prisoners and 3,049 (27%) were of correctional staff is 5,000. Pakistan is unconvicted. Among the convicted pris­ facing the problem of overcrowding in oners 7,952 (98%) were male and 165 (2%) prisons. were female. Annual admission as of 31 December 1981 was 32,659 of which 11. Papua New Guinea 17,618 (54%) were convicted and 15,041 The participant from Papua New Guinea (46%) were unconvicted. In the year 1982 spoke about his country's correctional daily average admission rate is on the system which is headed by the Commis­ increase, as a result there is some degree sioner of Corrective Institutions. He iq of overcrowding. responsible to the Permanent Secretary, To solve the overcrowding problem he I-lead of the Justice Department. Under his said that the service had launched a build­ charge there are 1,600 warders and 130 cor­ ing programme: rectional officers and about 270 civilians. A new central prison at Kajang in There are a total of 23 correctional Selangor State with a capacity for 2,500 institutions and 50 to 60 rural lockups in prisoners which will be completed in Papua New Guinea. He said about 16,000 1983. A remand prison at Kajang Prison people in his country are in custody. How­ has already been completed and is now ever, among them there are only about functioning. An open prison with a 4,500 convicted prisoners. Most of con­ capacity for 1,000 prisoners at Marang victed prisoners are serving short-sentences in Terengganu state will be able to (less tllan six months) as such the Depart­ partly function by 1983. ment has found difficulty in providing Finally he said although his country is these prisoners with a proper training faCing overcrowding problems in some programme. There are approximately 400 correctional institutions, this is not so long-term prisoners throughout the country seriously felt, because preventive measures who receive some forms of training such as are being taken to ease the problem. In line handicraft, agriculture and light industrial with institutional expansion and develop­ training. He further reported that his ment, new staff will be recruited. country generally does not face any over­ crowding problem. 9. Nepal The participant from Nepal said that the 12. Peru Prison Department in Nepal administered The participant from Peru explained the 73 prisons. The number of staff is approxi­ setup of the correctional system in her mately 1,200. He did not have the latest country. convicted and unconvicted statistics. How­ The responsibility for the penitentiary ever, he stated that there is no equal system in Peru is vested in the Ministry of distribution of inmates within the different Justice with civil personnel and to the prisons, and currently five district prisons Ministry of Home Affairs with the Police have no prisoners. called Guardia Republicana, The objectives of the penitentiary are (a) to take care of 10. Pakistan the prisoners and rehabilitate offenders, The participant from Pakistan stated (b) to arrest and be responsible for the safe that the objectives and functions of correc­ custody of offenders awaiting trials. tions in Pakistan are the same like other The correctional institutions are classi­ countries and need no further clarification. fied as minimum, medium and maximum He then went on to say that in Pakistan security prisons. There are 57 penal institu­ there are 16 central prisons, 2 open prisons, tions in Peru,

150 SESSION 1

The total number of prisoners held in work training, education, religious guid­ the various institutions was 16,050 of ance, welfare services and counselling, each which 76.3% were convicted prisoners. of which forms an integral part of the re­ Peru is facing a overcrowding problem. habilitation programme. He pointed out that with the conversion 13. Singapore of the former Jalan Awan Drug Rehabilita­ The correctional system and general tion Centre into a medIum security prison trends in Singapore was reported by the and the completion of Changi Prison's new participant from Singapore. The Singapore block, the maximum capacity of penal Prisons Department executes the penal institutions was increased to 3,610. policies of the Republic and comes under He further explained that the Singapore the purview of the Ministry of FJme Prisons Department will soon be launching Affairs. It is also entrusted with the task a Two-Tier Rehabilitation Programme for of institutional treatment and rehabilita­ the Treatment and Training of Offenders. tion for drug addicts. The administration This progranlme consists of the main of of penal institutions and drug rehabilit3tion six stages: i) gathering of information on centres is vested in the Director of Prisons the prisoner, ii) classification, iii) segrega­ who is assisted by three Deputy Directors tion, iv) treatment and evaluation, v) pre­ and two Assistant Directors, heads of penal release preparation, and vi) aftercare provi­ institutions and drug rehabilitations centres sion. as well as the various supportive units directly responsible to the Director through 14. Sri Lanka the three Deputy Directors for the smooth The participant from Sri Lanka, in functioning of their establishments. speaking about his country's correctional In 1980, the Singapore Prison Depart­ services, said the Sri Lankan correctional ment administered 9 penal institutions, 3 services execute the penal policies within drug rehabilitation centres and 4 day re­ Sri Lanka. The administration of the lease scheme camps. The penal institutions correctional services is vested in the Com­ were classified into maximum, medium, missioner of Prisons who is assisted by two and minimum security. Deputy Commissioners. He reported that Correctional programmes cater for: the Prisons Department administered 10 1) Segregation of prisoners based on closed prisons, 4 remand prisons, 10 work varying degrees of security: maximum, camps, 3 open prison camps, 1 training medium and minimum setting to meet school for young offenders, and 30 lock­ the training requirements of the different ups. The overall staff strength in the categories of prisoners. correctional services in 1979 was 3,603. He 2) Separate facilities for the rehabilita­ could not provide the latest statistics on tion of female prisoners, male and female inmates for 1981 but he stated that in drug abusers. 1979 there were 11 ,115 inmates in various 3) Categorization of inmates carried out institutions of which 5,179 were convicted through a system of classification. prisoners. Overcrowding is still a problem 4) Specific treatment schemes for the in Sri Lanka. various categories to carry out such as At this juncture Mr. Garner, the visiting reformative training, corrective training, expert, made a comment to the effect that: preventive detention, detention under the to ease the problem of overcrowding in criminal law act and convicted drug of­ prisons, the courts have a vital role to play; fenders. visits to prisons by the members of the 5) A separate programme for the re­ judiciary is an important factor which will habilitation of drug abusers detained under enable them to see amongst other things the provisions of the Misuse of Drug Act, the overcrowding problem; releasing pris­ 1973. oners on bail prior to trial and diverting 6) The provision of activities such as convicted offenders to non-custodial op-

151 REPORT OF THE COURSE tions can also help to reduce overcrowding. services such as Custom Department, Im­ migration Department and as a result some 15. Thailand staff who work in the correctional services The participant from Thailand said the do not remain, and it loses staff with fundamental Correctional Law which gov­ experience. erns their correctional system is the (2) The correctional selVices in remote Penitentiary Act of B.E. 2479 (A.D. 1936). hilly areas does not have institutions in Under the provisions of tIlis act the Depart­ which to house prisoners, therefore the ment of Corrections is responsible for the department has to rent private accommo­ control and rehabilitation of youthful and dation to house unconvicted prisoners. adult convicted offenders while serving their sentence in various penal institutions 16. Japan throughout the Kingdom. By court order One participant from Japan introduced the Department of Corrections is also re­ the Japanese correctional system. sponsible for the confinement of persons In Japan, correctional services are di­ held in custody while awaiting trial. He vided distinctly between two departments explained that the administration of the of the Ministry of Justice: institutional Department of Corrections is divided ac­ correction belongs to the Corrections Bu­ cording to the Royal Decree of the Admin­ reau while non-institutional services belong istrative Organization of the Department of to the Rehabilitation Bureau and the Corrections, Ministry of Interior of B.E. agencies under its jurisdiction. 2516 (A.D. 1973) into two main parts: The Corrections Bureau of the Ministry 1. The Central Administration-The of Justice is responsible for the administra­ central administration is a structurally tion of all kinds of correctional institutions oganized along functional lines as fol­ for both adult and juvenile offenders. At lows: present, there are six kinds of correctional 1.1 Office of the Secretary institutions under the jurisdiction of the 1.2 Personnel Administration Divi­ Corrections Bureau, totalling 304 facilities sion including 7 detention houses, 106 branch 1.3 Finance Division houses of detention, 58 main prisons, 9 1.4 Personality and Rehabilitation branch prisons, 9 juvenile prisons, 52 Division juvenile classification homes, 60 juvenile 1.5 Penology Division training schools, and 3 women's guidance 1.6 Central Prisons homes. Among them, the detention house 1.7 Special Prisons detains remand prisoners wllile the prison 1.8 Correctional Institution is used for convicted prisoners. The juvenile 1.9 House of Confinement training school accommodates juvenile 1.10 House of Relegation delinquents committed by the family court, 2. The Provincial Administration and the juvenile classification home detains 2.1 Provincial Prisons juveniles awaiting adjudication by the 2.2 District Prisons family court. The women's guidance home He stated that there is a overcrowding is a facility for the treatment of women problem in Thailand. At the end of March offenders committed of violation of the 1982, there were 71,561 prisoners in Thai­ Anti-Prostitution Law. land. However, in the year 1982 Thailand The number of officers working in celebrated its bicentennial and to mark correctional institutions was totally 20,636 this auspicious occasion 19,201 prisoners as of 31 December 1980; 16,874 including were released under Royal Pardon. This about 1,265 instructors and medical of­ helped to ease the congestion in prisons. ficers in prisons and detention houses; Some other problems are: 3,762 in juvenile training schools and ju­ (1) Correction service personnel are venile classification homes, of which more subject to transfer to other government than 80% were instructors and specialists in

152 SESSION 2 charge of academic education, vocational Session 2: Accommodation training, counselling, classification and medical treatment. The ratio of officers to Chainnan: Mr. Twain Pongi inmates is about 1: 3 in prisons and deten­ Rapporteur: Mr. Mian Shaukat tion houses, and 1: 1.2 in juvenile training Mehmood schools. Advisor: M,: Toichi Fujiwara He stated that at present Japan is not facing any overcrowding problem. How­ ever, according to him the correctional Introduction services in Japan may face some problems in the near future because the Government The quality of the accommodation has reduced the Department's budget by provided for prisoners is of great lll1- 5 percent. portance for the success of correctional programmes, for living accommodation is Conclusion one of the three fundamental necessities of human life i.e. food, shelter and clothing. From the discussion, it was evident that Living conditions are important, for their in developing countries in the region the environmental effect shapes and largely first priority is economic development with moulds the thinking levels which are consequent provision of employment op­ ultimately reflected in human behaviour in portunities for a large section of the society. It was therefore agreed by all population and uplifting the standard of participants that conditions of accommo­ living. Therefore the natural tendency of dation playa vital role in the reformation the Government of these countries is to of prisoners. accord less importance to the development of penal services in order to meet other Present Situation of Accommodation commitments. As a result, correctional systems in most of these countries have not 1. Types ofAccommodation made rapid progress. The major problems Generally there are two types of accom­ which came to light were; 1) overcrowding, modation provided in the prisons of Asia 2) lack of finance, and 3) shortage of and Pacific region i.e. individual cells and trained staff. dormitories. The individual cell was well It \II as generally recognized that cor­ understood with one definition by all the rectional services in the region are only participants. However, different views were partially suceeding in their important func­ expressed by various participants regarding tion of dealing constructively with the the size of dormitories. In some countries offender. However, it should be noted that like India, Pakistan, Sri Lanka, etc. the some of the failures are mainly attributable d0n11itories were designed to hold from 60 to a lack of interest and enthusiasm shown to 100 prisoners, whereas in some coun­ by some of the heads of the correctional tries like Japan a dormitory would mean a services in obtaining necessary financial big room to accommodate 8-10 prisoners. support and understanding. It is, therefore, After discussion it was considered for the necessary that their efforts should be more purpose of deliberation on this subject that forceful and strategic. If correctional serv­ all types of accommodation meant to ices are to make contributions to the house two or more prisoners in association society by rehabilitating the offender, they may he deemed to be dormitory accommo­ must have adequate funds and trained per­ dation. sonnel plus facilities which provide reason­ able living conditions for inmates in their 2. Ratio ofIndividual Cells to Dormitories custody along with sufficient work and Discussion took place regarding the rehabilitative treatment programmes. ratio of individual cells to dormitory accommodation in various countries of the

153 REPORT OF THE COURSE region. For example, the participant from Overcrowding was due largely to the num­ India stated that there was no cellular ber of remand prisoners in custody. In accommodation for ordinary prisoners. some Japanese institutions, there is 10% The cells were used only for the confine­ overcrowding but in the overall asses~ment ment of violent and insane prisoners or overcrowding is not a problem. Similarly they could be used fOr disciplinary cases some countries have no overcrowding. In in order to effect segregation. the remote area of Nepal there were five In Japan during the period of classifica­ prisons without prisoners. In Japan, be­ tion, 70% of the prisoners are lodged in cause of speedy trials, the grant of bail and individual cells and 30% in dormitories. efficient prosecution, the number of re­ After the classification period, the ratio of mand prisoners has decreased considerably. the prisoners in individual cells to those in dormitories is approximately 1 to 3. 4. Present Prison Buildings/Plans for There appeared to be a leaning towards New Prison Buildings increasing the number of individual cells The discussion revealed that there is no in new prisons, so as to provide privacy country which ha~ completely modernized for the occupant. However, one Japa­ its entire institutional buildings. The situa­ nese participant was of the view that tion in Hong Kong and Japan was good, domlitories are more important, as living but it was not so good in Bangladesh, in groups is more conductive to re-sociali­ India, Pakistan, Sri Lanka and some other zation. countries of the region. In India alone The participant from Hong Kong said there are 23 jails, which were constructed that in his country the ratio of individual before 1850. Thirty prison buildings have cells to dormitories was about 1 to 3. been added in the last 10 years which He favoured small sized dormitories for have modern facilities. It is similar in security reasons. Bangladesh. In Sri Lanka there is a pro­ It was reported that the Republic of gramme for the construction of new prison Korea has 90% donnitory accommodation. buildings, phased over four years subject Indonesia has two types of dormitories, to the availability of funds. In Pakistan a accommodating 5 or 15 prisoners. In 90 million rupee scheme has been com­ Singapore, dormitories house from 40 to pleted during the last 10 years and new 60 prisoners, while in the Philippines a projects worth 150 million rupees are dormitory would have 20 prisoners. In under way. Malaysia has recently com­ Nepal the ratio of cell to donnitory was pleted the construction of a new institution 1 to 10. Iraq has no individual cells. and is planning further construction of new There was an interesting discllssion on buildings. individual cells vs. dormitories, which In some other countries the problem of ended with the unanimous view that both buildings was not so acute, however every types of accommodation have merits and country expressed the need for further a lot depend on climatic conditions, type improvements and modernization of build­ of institution, nature of prisoners and ings. many other factors in the local context Financial constraints were the chief which determine how many and what type cause for the poor condition of prison of accommodation i.e. cells or donnitories bUildings. It was observed that some gov­ is suitable in a particular situation. ernments were not giving a high priority to this important social services in allocating 3. Overcrowding/Standard funds for various development schemes. Accommodation Sri Lanka reported 100% overcrowding 5. Sleeping Arrangements/Timing of in cells and dormitories. In Bangladesh Confinement 60%, Pakistan 30% and in Peru 10%, it was In most countries including Bangladesh, also a problem in some states of India. Fiji, India, Indonesia, Malaysia, Nepal,

154 SESSION 2

Pakistan, Sri Lanka and Thailand, prisoners baths. In considering reasons for such sleep on the ground or OIl a raised platfoml conditions, it was stated that financial off the ground which is made of concrete problem was the major hurdle in improving and covered with a mat, or mattress. In such facilities. Japan, prisoners sleep on wooden floors It was observed during the discussion covered with a tatami mat. Korean prisons that drinking water was available to pris­ have also wooden floors. Hong Kong and oners at any time. In cases where running Singapore provide separate beds. In Papua water was not available, water was supplied New Guinea prisoners sleep both on wood­ in containers of various types. en beds and on the floor. Prisoners who are admitted to hospital Problems and Solutions invariably get better sleeping arrangements in almost all countries. Every participant acknowledged that In all countries prisoners are locked up living conditions involving accommodation for the night except in open institutions. Witll toilets and baths are of great impor­ In Japan first grade prisoners have no locks tance in correctional planning and most of on their dormitory doors at night. Patrols the developing countries in the region lack and a security system of some form are the desired standards in this important practiced in all countries to supervise the area. It was also considered that in coun­ prisoners at night. tries which have very old prison buildings, it is difficult to implement the philosophy 6. Lighting, Ventilation and Heating of present-day treatment programmes. All participants commented on the Towards the end of the discussion, the arrangements for lighting (artificial as well chairman recounted the principal problems, as natural) to read and work, as well as faced by several countries in achieving ventilation and heating. No country kept basic standards within correctional institu­ prisoners constantly in darkness or cells tions. During a brief exchange of views it without sufficient light. All participants was agreed consensually that there are two agreed on the inlportance of light and major hurdles blocking development i.e. ventilation. (1) overcrowding, (2) financial constraints. In certain parts of Bangladesh, India, To overcome the problem of overcrowd­ Pakistan and Sri Lanka, it was very hot in ing, various solutions were suggested in summer and there were no arrangements in addition to the construction of new in­ prisons for mechanical ventilation systems. stitutions which require time and a large On the other hand, in the Republic of financial outlay. Korea and some other countries the severe (a) A meaningful close liaison should cold affected some of the prisoners during exist between the prisons, police and the winter. However, the Republic of Korea judiciary in order to make known the is planning to have central heating for all of conditions prevailing in prisons so that its prisons. Some Japanese prisons already each agen"cy can effectively harmonize and provide a satisfactory system in cells. co-ordinate efforts aimed at relieving over­ crowding. Policies adopted by the police Z Toilets, Water and Showers and tile judiciary will obviously affect the In Fiji, India, Nepal, Papua New Guinea, accommodation factor in prisons. Igno­ Sri Lanka and some other countries, there rance of each other's difficulties by these is no flush toilet system and a night soil three important branches of law and order bucket system exists. In Pakistan half of will make matters worse. the prisons have a flushing system. It is (b) Alternatives to imprisonment and important from a viewpoint of health and development of community-based treat­ hygine to improve toilet facilities. Similar­ ment programmes. ly many couutries have unsatisfactory or (c) Fines in lieu of imprisonment insufficient arrangements for showers or (d) Earlier release through grant of re·

155 REPORT OF THE COURSE

mission, parole, etc. 1) In Bangladesh, convicted prisoners (e) Speedy investigation and trial are grouped into three divisions. Prisoners (f) More liberal use of bail for remand in the first division may wear their own prisoners clothing. Convicted prisoners serving shn­ (g) Development of open or minimum pIe imprisonment are also permitted to security institutions. wear private clothing. (Simple imprison­ Regarding financial difficulties which ment refers to short-term imprisonment, mainly relate to the economic conditions normally six months or less, without in a country, participants agreed that forced labour.) most correctional services are given a lower 2) In Chile, Nepal and Peru, convicted priority in development and building pro­ prisoners are allowed to wear their own grammes, this applies to almost all coun­ clothing if so wish. tries in the region. The Heads of the 3) In some states of India, convicted Correctional Services ~hcillld forcefully prisoners are divided into three; class A, project their point of view and inform class B and class C. Prisoners in the highest those concerned of the importance of good class are given privilege of wearing their correctional programmes and their sub­ own clothes if so Wish. sequent effects on the society. It is in the 4) In Indonesia, the Republic of Korea interest of every countfy to promote im­ and Japan, special clothing is issued to provements in correctional services which prisoners working in the workshops. would lead to a reduction in the recidivist 5) In Indonesia and the Republic of rate. Korea, juveniles are also provided with scout uniforms. 6) In Hong Kong, there are different scales of clothing for summer and winter, Session 3: Clothing, Bedding and Food also protective clothing is issued for use in some workshops. Chairman; Mr. Sirmaal Jeoffrey 7) In the Republic of Korea and Japan, Manilal Gunasekera private underwear is allowed in institutions Rapporteur: Mr, Chew Sill Poon for convicted prisoners. In police jails Advisor: Mr. Hachitaro Ikeda inmates use their own clothing. 8) In Papua New Guinea, female con­ victed prisoners serving sentences not Introduction exceeding six months are pennitted to wear their own night attire and underwear. The third session discussed the subject 9) In Pakistan, prisoners are allowed to of clothing, bedding and food for prisoners. supplement warm clothing of their choice All participants were invited to speak on from their own resources. the current practices in their respective 10) In the Philippines, Juvenile Training countries with reference to the United School issues sports uniform, casual wear, Nations Standard Minimum Rules for the night wetif and Sunday wear. The juvenile, Treatment of Prisoners. however, are allowed to wear their own clothes if it is considered appropriate by Clothing the staff. 11) In Singapore, only young adult of­ 1. Clothing for Convicted Prisoners fenders undergoing reformative training at In most cC~lI1tries, convicted prisoners the Reformative Training Centre are per­ are issued with prison clothing by the mitted to wear their own underwear. authorities upon admission in accordance with scales laid down. Some variations in 2. Clothing for Unconvicted Prisoners the application of the rules among the In all countries, except for Sri Lanka, participating countries are: prison clothing is supplied to ul1convicted

156 SESSION 3 prisoners. They are, however, allowed to Bedding receive from private sources their own clothing if they so wish. Some of the rules 1. Bedding for C011J1icted Prisoners governing the practice are: Convicted prisoners are su ppJied with 1) In Fiji, they must maintain them­ essential bedding upon admission. How­ selves fully and are not allowed to do it ever, the items issued differ from country in part. to country. 2) In India, marks or symbols of politi­ In Bangladesh, the prisoners in Divisions cal parties can not be exhibited on private I and II are supplied with beds, thin clothing. mattresses, pillows, mosquito nets, etc. 3) In the Republic of Korea, only Division I prisoners may be provided with clothes of a grey or white colour are per­ other bedding at their own expense. Divi­ mitted. sion III prisoners, on the other hand, are issued with tatputee, cotton bedsheets and 3. Clothing for Prisoners outside the blankets. institutions In Fiji and Papua New Guinea, only Whenever the prisoners are allowed to some of the prisoners are issued with beds go outside the institutions for authorized and mattresses. purposes, such as attending court, attend­ In Hong Kong, fiberglass beds are used ing functions or hospitalization, they wear also double bed bunks. their own clothing. If the prisoners are not In India it is stipulated that a separate able to provide themselves with sufficient bedstead or raised platform, mattress and or decent clothing, they are issued with bedsheet are provided to every prisoner. garments which are not of the prison Prisoners in a higher class inevitably enjoy pattern. Generally there is no variation in better bedding than those in the lower this practice in most countries. class. Class A prisoners are permitted to use their own bedding. 4. Religious Beliefs In Indonesia and the Philippines, some In issuing prison clothing, the religious institutions provide beds and mattresses to factor is also taken into consideration in its inmates, some issue bed boards covered Bangladesh. EVelY male Muslim convict is with a mat, while others supply wooden furnished with a long pair of trousers beds with kappok mattress. reaching to within four inches above the In Iraq, evelY prisoner is issued with a ankles instead of jungheas. bedstead and mattress. In Singapore, prisoners are given either 5. Cleanliness wooden or iron beds. With regard to the maintenance of In Japan, prisoners sleep on tatami hygiene, it was generally reported that all mats. clothing was issued clean and in proper In other countries like the Republic of condition. Korea, Malaysia, Nepal, Pakistan, Sri Lanka Clothes are either washed by the pris­ and Thailand, prisoners are supplied with oners themselves individually as in the case mats, mattresses and other bedding. They of Bangladesh, Chile, Fiji, Indonesia, Nepal, either sleep on the ground or on a raised Peru, Sri Lanka and Thailand, or washed platform. in the prison laundry, as in the case of Hong Kong, Malaysia, Singapore and Japan. 2. Bedding for UncOIlJIicted Prisoners In Bangladesh, arrangements are made Bedding is issued to unconvicted pris­ for the regular washing of private clothing oners as in the case of the convicted for Division I prisoners without charge. prisoners. However, in some countries, un­ convicted prisoners are permitted to use their own bedding. These countries include Bangladesh, Fiji, India, Indonesia, Nepal,

157 REPORT OF THE COURSE

Papua New Guinea, Pakistan and Japan. and health conditions. In Indonesia, a meal is basically a com· 3. Cleanliness bination of staple food and side dished Bedding is aired and washed regularly. which consists of about 2,250 cal. per day. In Iraq, no pork is served in penal insti­ Food tutions. In Malaysia, there are several dietary 1. Food for Convicted Prisoners scales to cater for the various nationalities In all the participating countries, meals and the prisoners' religious beliefs. For are served three times a day in accordance example, there are diets for Asian, Euro­ with the dietary scales laid down by the pean, Indian, Sikh and vegetarian prisoners. government which ensure adequate nutri· In Nepal, prisoners are given some rice tional value. The head of institution and and cash if they do not want to consume sometimes the medical officers have to prison food. They are able to cook their ensure that the rules are complied with. own food and ingredients can be purchased In Bangladesh, separate dietary scales either in the prisons; through the staff; or are prescribed for the different divisions through the orderlies who are appointed of prisoners. Division I diet consists of among convicted prisoners by the author­ over 3,200 cal. per day and Divisions II ity. The quality of the food is checked by an III diets consist of over 2,800 caL per the prison officials. day. Beef is not served to Hindu prisoners. In the Philippines, the menu in the In Fiji, there are three types of dietary Juvenile Training School is worked out by scale which cater for the Fijians, the the institution's medical officer and the Indians and the other races. Prisoners, nutritionist who take into consideration however, are allowed to select any of the the special needs of the juveniles. A snack three dietary scales on admission. is also served daily. Chinese diet is served in Hong Kong. In Singapore, five types of diet are However, it can be varied by the medical served in view of the racial composition officer, taking irto account the lifestyle of the prisoners. Food given to inmates of the prisoner. No beef or pork is served undergoing treatment in the drug treat­ to Indian prisoners. The heat value of the ment centres is equivalent to the food diet is about 3,500 cal. per day. In addi· served in the public hospitals. tion, an egg and fresh fruit is issued to In the Republic of Korea, Pakistan, every prisoner daily, a snack is also given Papua New Guinea, Sri Lanka and Thai­ before the prisoner returns to his cell at land, the standard of food in prison is in night. A dietician, who is in overall charge, accordance with the general standard of ensures the high quality of food issued to the community. the prisoners, he also assists in varying In Japan, food given in the Child Educa­ the menu. tion and Training Home is required to have In Hong Kong, each institution has as much variety as possible and should catering instructors who supervise the contain the necessary nutrition for the preparation and cooking of food. Meals are sound growth of the children. Meals issued to prisoners via a serving hatch provided in the prisons are basicically a similar to a cafeteria system. Cooking facil· combination of staple food and side dishes. ities are modern, and rations are delivered Staple food, which consists of 65% dce daily to each institution by a contractor. and 35% barley I is supplied to prisoners However, a 14 days' supply of dry rations on a five-grade basis according to their age, is stored in each institution as an emer· sex, and work assignment. The heat value gency measure. of the food paries from 2,500 cal. for the In India, five types of diet, ranging from fifth grade to 3,200 cal. for the first grade. 2,400 to 2,800 cal. in value, are served to Samples of the food are kept for 48 hours prisoners based on their religious beliefs after serving. In the police jail, food sup-

158 SESSION 4 plied is similar to that served in the prison. the differences in items of clothing and A Food Supply Committee consisting of bedding issued to prisoners in different selected inmates is fonned in every prison. countries, he commented that it is not Its main function is to collect feedback appropriate to compare the items issued, from the inmates regarding changes in the without first taking into consideration the menu. climatic conditions prevailing in individual In all countries, extra food or special countries. dishes are prepared for sick prisoners, From the deliberations it was apparent pregnant women, nursing mothers, etc. on that in general the United Nations Stand­ the recommendation of the medical of­ ard Minimum Rules for the Treatment of ficers. Generally, the food supplied is Prisoners on the matters of clothing, wholesome in quality, prepared and cooked bedding and food are adhered to. Gen­ in clean receptacles. erally, the standards in prisons are in accordance with the general standards of 2. Food for Unconvicted Prisoners the public in the respective countries, in Unconvicted prisoners in all countdes line with the rising living standard in are allowed to have their own food sent in individual countries, the standards would with the approval of the head of the insti­ be revised from time to time with a view tution. Generally, they must be able to to improvement. afbrd three meals a day if they choose not to take prison food.

Drinking Water Session 4: Medical Services

Prisoners in all countries are provided Chairman: Mr. Tadashi Watanabe with adequate drinking water which is Rapporteur: Mrs. Florcelia E. Rosas accessible to them at all times. Advisor: Mr. Hidetsugu Kato

Conclusion Introduction The participant from India felt that using prisoners as cooks is far from satis­ The session commenced with the chair­ factory as they are not trained for the job. man briefly describing the meaning of He suggested that qualified l'ersons should medical services in the correctional service. be employed by the prison department. It was stated that medical services for adult One partiCipant from Hong Kong stated prisoners and juvenile offenders must in­ that cooking itself is a trade and prisoners clude the promotion of health, prevention could be trained as cooks. He added that of disease and disability, the cure or mitiga­ in Hong Kong the catering instructors are tion of disease and the rehabilitation of the diploma holders and some of the prisoners patient. who have worked under them are engaged in the job in a similar capacity after their Current Practices of Medical Services release. With regard to class distinction in The current practices of medical services prisons in which prisoners in the higher in the countries of the Asian and Pacific class enjoy better facilities, Mr. Thomas region were focused Oll in order to make G.P. Garner, Commissioner of Correctional an assessment within the context of the Services, Hong Kong, and the Visiting UN Standard Minimum Rules for the Expert of the 61 st International Training Treatment of Prisoners. It was stated that Course, pointed out that everybody is the in most countries, a qualified medical same before the law and there should not officer is assigned to every prison assisted be any distinction in prison. With regard to by trained nursing staff. Medical services

159 REPORT OF THE COURSE

are organized in close co-operation with Individual medical case findings involving the Ministry of Health in the respective psychiatric, internal vital organs including countries. ears, eyes, nose, throat, etc. are referred In Malaysia, a seconded doctor from the to medical specialists, for diagnoses and Government General Hospital is assigned to treatment. every prison who visits the prison hospital In Hong Kong, it is worth mentioning twice a week and is assisted by a full-time that a prisoner requiring treatment in a Health Hospital Assistant. general hospital can be easily accom­ However, it was pointed out by par­ modated by means of custodial wards ticipants from Fiji, Papua New Guinea and which provide security within the hospital. Thailand that they do not have a full-time The participants from India and Sri Lanka doctor in all their prisons and for those pointed out that a security risk was created without they rely on the public hospitals when prisoners with different medical to attend to major emergency cases. An complaints were referred to outside hos­ appointed doctor regularly visits each pitals due to a shortage of staff. In I-long prison either three times a week or as the Kong administrative arrangements exist for need arises. Some minor medical cases are the medical officer to recommend to the dealt with by staff who have some basic Governor of Hong Kong the release from training in health services, major cases are the prison of a sick prisoner whose medical referred to outside health agencies. condition is such that he may not survive In India, one unique feature is that his full sentence. A number of such cases sometimes the superintendent of a prison is have been approved. a doctor, therefore regular medical observa­ The issue of food poisoning and con­ tion and treatment is readily available. tagious diseases was referred to. One par­ In Singapore, one participant pointed ticipant pointed out that the risk of food out that they have close coordination with poisoning could be greatly reduced if food the different hospitals, and medical services is first tasted by the staff before it is served are available at any time. to the prisoner, also, if medical officers Most of the participants stated that it is inspect the food served and check that it is the practice of their departments that in a balanced diet. For prisoners with a the case of a serious medical problem, contagious disease, the medical officer will immediate referral to the nearest hospital immediately segregate hinl from others is undertaken. to avoid any contamination. In some coun­ In Indonesia, they have a special place tries with full-time medical officers, there designated for sick prisoners and for those is a ruling that all prisoners will be seen needing dental service. It is equipped with by a medical officer on admission. In medical equipment, phannaceutical sup­ Japan, for example, the classification plies, and a sufficient number of para­ unit has a role to play in this whereby all medics. prisoners needing medical service are In the Philippines, the medical special­ classified and separated from normal ists extend free-service to prisoners who prisoners on admission. need specialized treatment. As for daily visits by the medical officer The matter regarding the frequency of to prisoners undergoing punishment (UN medical examinations was highlighted and Standard Minimum Rule 32) the authori­ most participants said that the prisoners ties in some prisons which have no full­ are examined by medical officers to deter­ time medical officer have some difficulties mine their state of health or to evaluate in complying with this rule. However, the whether he or she can undertake work deficiency is to some extent met by the which is enforced by the correctional visit of a qualified nurse who performs her authorities. Should a prisoner suffer from duties under the supervision of a medical a serious illness, immediate transfer or officer. referral to an outside hospital is arranged. It was pointed out that prisoners under

160 SESSION 4 separate confinement, and punislunent by medical officers to work in prisons, the close confinement shall be regularly visited participants from Hong Kong, the Republic by the doctor who shall advise the super­ of Korea, Pakistan, the Philippines, Sin­ intendent or director of the prison if he gapore, and some other countries adhere to considers termination of the punislunent the policy that the doctor in the prison necessary on the grounds of physical or must have the same qualifications required mental health. by the Health Department or Ministry of The group agreed that the duties of med­ Health. Noteworthy is that in Japan's ical officers should include the following: Correctional Services in order to get medi­ (1) Subject to the administrative con­ cal staff, Correctional Medicine Scholar. trol of the superintendent, the medical ships have been awarded since 1961. officer shall be responsible for the health Medical students who wish to become of all prisoners. doctors in the correctional services may get (2) He should medically examine all a loan of some 29,000 yen a month for prisoners on admission and prior to dis­ four years. charge. In Japan an Assistant Nurses' Training (3) He should examine regularly the Institu te has been attached to a medical prisoners in separate confinement and prison in order to meet the need for as­ ascertain that every prisoner is in good sistant nurses in prisons. physical and mental health. Regarding the treatment of insane and (4) He should regularly inspect and mentally abnormal prisoners, it was stated advise the superintendent about the ob­ that the law in most countries provides for servance of the rules concerning physical, cases where a person is charged with a mental, social, and the emotional develop­ criminal offence and who is mentally ab­ ment of prisoners. This includes the neces­ normal at the time of the commission of sity for a balanced diet. the offense so it is not punished by law, The pre-natal and post-natal care and instead he or she is referred for psychiatric treatment of pregnant female prisoners is treatment. also important. However, in Peru, where One participant from Hong Kong dis­ there are no medical facilities for such closed that prisoners who are mentally ill special needs, referral to outside hospital are treated in a psychiatric hospital which is made on the very rare occasions when is under the control of the correctional this is necessary. In Japan, special diets are services. In Japan, mentally ill prisoners served to women prisoners who are nursing categorized by the classification unit are mothers. In India, pregnant female prison­ transferred to a medical prison. The par­ ers are generally transferred to women ticipants from MalaYSia, Nepal, Singapore prisons where facilities are available, they and other countries disclosed that they are allowed to have her infant with them have coordination with outside hospitals, for up to three or four years, they are so referral of sick prisoners was easy. however usually advised to place the in­ With regard to the problem of a short­ fant with grandparents or relatives. In like age of medical staff in the correctional manner in Fiji, Indonesia, the Republic of services, the following alternatives were Korea, Malaysia, Papua New Guinea, the proposed as countermeasures. Philippines, Sri Lanka and Thailand, pre­ 1) to provide scholarships for medical natal and post-natal care and treatment is students who wish to work in the provided by either referral to the public correctional services hospitals or maternal and child health 2) to increase training of para-medics clinics. Arrangements can be made to place 3) to improve public relations with out­ the infant either with parents, relatives or side hospitals, to provide or extend in some countries in an infant home or medical services to prisoners a child welfare institution. 4) to secure government support for On qualification and recruitment of advanced training for medical offices

161 REPORT OF THE COURSE

so that their field of specializations is restraint. widened. Current Practices Conclusion 1. Bangladesh Concerning the UN Standard Minimum The participant from Bangladesh point­ Rules, the participant from the Republic of ed out that the prison offences and punish­ Korea discreetly pOinted out that only ments in his country were contained in developed countries could afford to Sections 45 and 46 of the Prison Act and comply with them 100 percent, although Rules 704 to 734 of the Jail Code. Prison most countries have been trying to meet offences include: use of criminal force, the UN Standard Minimum Rules at least use of bad language, disorderly behaviour, in part by utilizing the community re­ damage to prison property, etc. The sources through coordination and collab­ Deputy Inspector General of Prisons or oration with hospitals outside the prison. Superintendent of Jails adjudicates and The session ended with a consensus that decides on each case. Ifhe feels that it was every prisoner is entitled to good medical due to ignorance that the offence was services at all times. committed, the prisoner is let off with a warning without it being recorded in the punishment register. If he comes to the conclusion that it is a willful offence, he Session 5: Discipline and Punishment; punishes the prisoner and records it in the Instruments of Restraint punishment register as per the Jail Code. The recent jail commission and some legal Chairman: Mr. Shigent Ohta experts have opined that the prisoner Rapporteur: Mr. Voolta Appa Rao should be given adequate opportunity Advisor: Mr. Seiji Kurata to consult a lawyer and have free legal aid. They also feel that prison offences should be investigated by independent agencies Introduction and tried by independent judges and not by prison officials. Discipline is the cornerstone of all Article 35 (5) of the Constitution of correctional work. Discipline does not Bangladesh prohibits torture or cruel, warrant regimentation or blind adherence inhuman or degrading punishment or to harsh, repressive measures. The main treatment. Instruments of restraint like emphasis should be on the re-education of handcuff and rope are used to ensure safe the offender in terms of his interests, custody in transit and to prevent a prisoner attitude and motivation. The tone of from injuring himself or others or damag­ discipline should be adjusted to the re­ ing property. quirement of each inmate. Punishment should be balanced in relation to the gravi­ 2. Chile ty of the offence. As inmate discipline In Chile punishment can include com­ largely depends upon staff discipline and pensation for damage to prison property, morale, the staff should set a very high forfeiture of all benefits up to three standard. months, warning, prohibition of visitors up The position prevailing in the various to one month and close confinement for countries of Asia and the Pacific region a month without a bed during the day. was discllssed at length by the overseas Punishments are imposed by the director and Japanese participants. Seemingly all of the jail. Shackles are used as a precau­ countries have codified laws, rules and tion against escapes when other means to defined procedures governing discipline, control him fail, The Directol' of the Prison punishment and the use of instruments of has the authority to order the use of

162 SESSION 5

shackles. An attempt to escape or escape 28 days, forfeiture of remission up to one from prison is not an offence. month (If he considers that his power of award is not sufficient, the case can be 3. Fiji referred to the Commissioner, who can The participant from Fiji said that award forfeiture of remission up to six Subsidiary Legislation lists out 24 prison months.), forfeiture of privileges up to offences. They include mutiny, encourage­ three months, deprivation of whole or part ment to mutiny, assault on prison staff of his earnings and deduction of the value or other prisoners, escape, quarrel, making if property is damaged. An under trial baseless complaints, disobedience of orders, prisoner can be punished by forfeiting his absence without permission from place of remission in advance because from the work or cell, etc. moment his plea in court is taken all tinHl Rule 125 of the Legislation lays down he spends in prison even while under­ the procedure of adjudication for prison going trial will eventually be counted offences. First the prisoner is presented against the sentence if awarded. The pris­ with the charge followed by the recording oner is given the facility of an interpreter if of the statements of witnesses, cross­ required and told about his offence and is examination and examination of defence given an opportunity to present his de· witnesses. No documentary evidence is fence. The prisoner hears the charge and used unless the prisoner is given access to statements of witnesses and exanlines them it. The evidence need not be taken down in and presents his defence witnesses. He may full but the substance shall be recorded in appeal to the Commissioner against any writing and read over to the defendant. award by the Superintendent within a Offences are reported and investigated period of 48 hours. within a day. The Commissioner can im­ Doctor's concurrence is required to pose the following punishments: forfeiture keep the prisoner in close confinement and of remission up to three months, depriva­ the doctor visits him daily and gives his tion of earnings up to three months, advice on continuation or otherwise. forfeiture of privileges up to three months, Rule 67 of the Prison Ordinance deals cellular confinement up to one month, with instruments of restraint. Handcuffs reduced diet for 14 days and solitary and straight jackets may be used. Hand­ confinement up to 14 days. Senior officers cuffs are used to ensure safe custody are able to impose lesser punishments than during a journey except by sea. A straight the Commissioner but the latter has the jacket is used to prevent a prisoner from power to review all punishments given by injuring hinlself or others or damaging the former. property or creating a disturbance. It can only be used on the order of the Super­ 4. Hong Kong intendent with the approval of a Justice The participant from Hong Kong drew of the Peace and the concurrence of the our attention to Rules 57-63 of the Prison medical officer of the prison. Ordinance, Chapter 234, Laws of Hong Kong. Rule 61 which stipulates that a pris­ 5. India oner shall be guilty of an offence against The Prison Manuals of the various state Prison Rules if he uses bad language, governments contain rules about discipline, commits an assault, damages prison pro­ punishment and instruments of restraint. perty, possesses contraband, escapes or The prison offences cover endangering the attempts to escape, mutinies, makes false security of a prison, disobedience of an allegation, leaves cell or place of work order, abetment to commit prison offences, without authority, etc. For the above making false and malicious complaints, offences, the Superintendent is empowered quarrelling, assault on staff or inmates, to inflict one or several types of punish­ mutiny, escape, smuggling, theft, refusal to ments, namely, separate confinement up to eat food, neglect of work, sending messages

163 REPORT OF THE COURSE surreptitiously, etc. Each prison has a disci­ that the Director of the Prison is the pline board consisting of the Superintend­ competent authority to impose penalties ent, and one or two other prison officials after social workers scrutinise the cases. who inquire and award punishments. Minor The punishments are; solitary confinement, offences can be disposed of via orderly forfeiture of home leave, loss of parole, room inquiries. In major offences, state­ etc. Punishment of reduction of diet is ments of witnesses are recorded, they are not used. cross-examined and the defence witnesses Handcuffs are used during journey under are heard. No prisoner can be punished the order of the Director of the Prison. unless he has been given the charge sheet and an opportunity to present his defence. 8. The Republic of Korea No prisoner shall be punished twice for the The participant from the Republic of same offence. The types of punishments Korea pointed out that the regulations in are: forfeiture of remission up to 30 days, respect of prison discipline are issued by stoppage of recreational activities up to 30 the Minister of Justice. The punishments days, stoppage of canteen facilities up to are: warning, prohibition of books up to three months, warning, cellular confine­ three months, deprivation of earnings, ment up to seven days, etc. Superintend­ prohibition of interviews and correspond­ ents can order the imposition of above ence up to two months, solitary confine­ punishments. The doctor visits the prison­ ment up to two months, and reduction of ers undergoing cellular confinement. food up to seven days. The disciplinary The instruments of restraint are covered committee decides the penalty. under the rules. The instruments in use are There are four kinds of instruments of handcuff and arresting rope. They are used restraint: arresting rope, handcuffs, gag to prevent escape during transit. They are and chains. Handcuffs and arresting rope not used as a measure of punishment. are used under the order of the warden Superintendent of the prison can order during escort or if the prisoner becomes their use; they are removed when the pris­ violent. Gag is used for shouting and oner is produced before a judicial or ad­ defying an order to stop. Gag is not used ministrative authority. beyond six hours but when it is deemed necessary, the time period can be extended 6. Indonesia by up to three hours. There is a provision The participant from Indonesia explain­ for use of chains, but they have not been ed 11 types of offences like riot, destruction used since 1945. of property, escape, fighting, blackmail, gambling, smuggling illegal goods, instiga­ 9. Malaysia tion, etc. For these offences, the following The participant from Malaysia pointed punishments may be inflicted: warning, an­ out that to maintain discipline and order in nulment of remission, forfeiture of privi­ a prison, prisoners found guilty after in­ leges, solitary confinement up to eight quiry into a major or minor offence will be days, etc. After the new correctional sys­ dealt with by the officerin charge who may tem Pemasyarakatan was implemented in order the prisoners to be kept apart frol11 1964, dietary punishment, whipping, lash­ other prisoners pending ad~'.ldication. The ing, flogging were discontinued as such punishments are: confinement in a cell, punislm1ents are considered inhuman and reduction in stage, postponement of degrading. promotion in stage, forfeiture of privileges Only one type of instrument of restraint, and remission, removal from the earning l:e., handcuff is used to prevent escape dur­ scheme, reduction in earning grade and ing a journey. corporal punishment. To prevent a prisoner's escape or in­ 7. Iraq fliction of physical violence, handcuffs, The participant from Iraq explained straight jacket and fetters are used. No

164 ------

SESSION 5 mechanical restraint can be applied to a fighting among prisoners, arson and homo­ prisoner as a punishment. A mechanical sexuality. For these offences, punishments restraint is applied in cases of urgent can include a warning or close confinement necessity only. Notice is immediately given from two to 30 days in a special area. to the medical officer and the Director The doctor visits prisoners undergoing the General of Prisons. Such restraint cannot latter punishment. be continued for more than 24 hours without the approval of the Director 14. The Philippines General of Prisons and certification by the The participant from the Philippines medical officer. explained the position about juvenile in­ stitutions. Smoking, quarrelling and dis­ 10. Nepal obedience are considered minor offences The participant from Nepal pointed out for which the juvenile is isolated from that handcuffs and chains are used to pre­ others for three days and is assigned an vent escape of a prisoner during his journey additional work load. During this period or to prevent him from injuring himself he is barred from talking to other juveniles. or others. No instrument of restraint is However, he can talk to a social worker, used for female prisoners. The officer­ psychologist and the staff. Individual in-charge of the prison is the competent counselling is extended to make him realise authority to order the use of instruments his failings. For major offences and in of restraint. case the offender is violent or is a bad influence he is locked up and isolated 11. Pakistan from the others. He also receives individual The participant from Pakistan analysed counselling. If it is not effective, the juve­ the position prevailing in Pakistan, which is nile is referred to the psychiatrist and the almost identical to that of India. The isolation of the juvenile maj' be extended Prison Manual lists out the prison offences, to more than one month. the types of punishments that can be inflicted, and the procedure to be adopted. 15. Singapore Some of the prevalent offences include: The participant from Singapore pointed stealing, damage to prison property, out that there were 58 minor and 10 major injury to others, quarrelling, disobedience prison offences. For minor offences there of orders, etc. The common punishments are three punishments: confinement in a are forfeiture of remission, separate con­ punishment cell for up to seven days, finement, and whipping for very serious forfeiture of remission for up to seven offences. days, and reduction in grade, or postpone­ ment of promotion for a specific period. A 12. Papua New Guinea record of such punislunent is kept. The The participant from Papua New Guinea Superintendent may punish a prisoner if stated that there are 40 prison offences after due inquiry it reveals he is guil1v of as per the Corre(;tive Institutions Act. an aggravated (major) prison offence. The Different punishments are awarded for punishments are: corporal punishment not such offences. There is no appeal against exceeding 12 strokes of the cane (in rare punishment. Handcuffs and waist belt are cases), confinement in a punishment cell used as instruments of restraint during up to seven days and forfeiture of remis­ transit and to prevent violence. sion up to 20 days. If the Superintendent considers that the prisoner deserves more 13. Pent severe punishment, he may report the The parti;:ipant from Peru pointed out matter to the Visiting Justice who, after that a prisoner has to be obedient and investigation, may order confinement in respect the prison staff. Prison offences are a punishment cell for up to 30 days or escape, smuggling, theft of prison property, corporal punislunent of up to 24 strokes

165 REPORT OF THE COURSE

(in rare cases), or forfeiture of remission suspension of good treatment for reward over 20 days. up to three months, discontinuation of Instruments of restraint are not used good treatment for reward, prohibition of for punishment. Handcuffs are used reading books and seeing movies up to to prevent escape. No prisoner is hand­ three months, suspension of work up to cuffed before a judicial or administrative 10 days, suspension of using own clothings authority. Straightjacket is also used when and bedding up to 15 days, suspension of necessary. self-supply of food up to 15 days, whole or partial deprivation of remuneration for 16. Sri Lanka work in prison, reduction of food up to The participant from Sri Lanka pOinted seven days, minor separate confinement for out that the Prison Manual contained disciplinary punishment up to two months, provisions relating to discipline and punish­ and major separate confinement for disci­ ment. The Superintendent is the competent plinary punishment up to seven days. The authority to award punishment but serious last punishment has never been imposed cases are referred to a prison tribunal. A since 1947 under an administrative order local judge and two visitors constitute the and it is proposed it be abolished together board. No lawyer is allowed. There is no with the reduction in diet in an anticipated appeal against such punishment. The usual revision of the law. punishments are: warning, forfeiture of Article 19 of the Prison Law provides remission, punishment diet and confine­ for the use of instruments of restraint. ment in a separate cell. They are straightjacket, gag, handcuffs, and arresting rope. Except in the emergency, 17. Thailand they can be used only with the order of the The participant from Thailand explained warden. The straightjacket is used only that for violation of prison rules and when an inmate is likely to behave violent­ regulations, the competent prison official, ly or try to commit suicide. The gag is after due consideration, can inflict anyone used for an inmate who utters a loud noise or more of the following punishments: defying an order to stop. Handcuff and admonition, postponement of promotion, arresting rope are used for an inmate who retrogression in class, deprivation of visits is violent or tries to escape or attempts except for legal purposes for three months, to commit SUicide or during escort. The reduction or suspension of the whole or straightjacket can not be used for over part of a benefit or reward, solitary con­ 12 hours and gag for over six hours. How­ finement up to three months. ever, it may be extended every three hours Instruments of restraint like fetters, in special circumstances. handcuffs and chains are used for security reasons like prevention of escape, suicide, Conclusion or damage to property. In almost all countries, prison offences 18. Japan are the same except in Chile where an The participant from Japan pointed out escape from prison is not an offence and that Article 59 of the Prison Law provides in some countries like Bangladesh, Hong that a prisoner who offends against prison Kong, Singapore, smoking is not an of­ deseipline is liable for punishment. The fence. The Visiting Expert, Mr. Garner prison offences include; murder or violence pointed out that smoking had become a against inmates or prison staff, escape, common habit amongst adults and if it quarrel, destruction of property or things, was not permitted, somehow or other, illegal possession, giving or receiving of prisoners would try to procure cigarettes goods without authority, theft, gambling, and it is likely that cigarettes would be­ negligence at work, infliction of self-injury, come currency in a prison. However, etc. There are 12 punishments: reprimand, young offenders should not be permitted

166 SESSION 6

to smoke. While discussing the use of redress for genuine grievances must be instruments of restraint, Mr. Garner also created, withou t which all correctional pointed out that in some countries they efforts will fail. It is, therefore, considered were forced to use them due to a shortage essential that the authorities in a correc­ of staff for escort purposes to the courts tional institution give due consideration to and hospitals and also due to a shortage this important matter. of accommodation in secure institutions. The United Nations have laid down An interesting trend noted in some certain Standard Minimum Rules in this countries was the abolition of dietary respect, which are covered by Rules 35 and punishment. The original purpose of this 36 of "the Standard Minimum Rules for punishment was to control an inmate's the Treatment of Prisoners". At the begin­ behaviour. However, some participants felt ning of the discussion, the chairman of the that the desire for food is so basic that a session discussed the existing rules on the reduction in diet may have an adverse subject and invited comments from indi­ effect on the programme. vidual participants. The importance of these rules were recognised by all the participants, who also expressed their opinion. It was noted that all the countries Session 6: Information to and Complaints represented have their own rules and by Prisoners regulations in implementing the Standard Minimum Rules depending upon the socio­ Chairman; Mr. Mohd. JaffaI' Bin economic and other relevant factors. Yaacob The methods of implementing the rules Rapporteur: jlt!r. Mohammad Salam were then discussed in detail. Advisor: Mr. Hidetsugu Kato lnfonnation to Prisoners (Rules 35 (1) & (2» Introduction Most countries provide written informa­ Freedom and right of expression has tion to prisoners on admission, with regard generally been recognized as a fundamental to the regulations governing treatment in human right. The right to express one's prisons, disciplinary and other administra­ grievances for early redress is important for tive provisions and method of seeking a prisoner whose liberty has been curtail~d information and making complaints and within walls, which isolate him from the endeavour to help a prisoner understand outside community including his relatives his rights and obligations. Fiji, Hong Kong, and which have put him into a timed pro­ India, Malaysia, Singapore, Sri Lanka gramme for the period of his stay. and Thailand supply such information in Most countries through rules and regu­ several languages including English. The lations confer certain rights and privileges participant from India added that in case on a prisoner. Everyone wants offenders, of a foreign prisoner who does not under­ who have been imprisoned for committing stand the local language or English, the a crime, to revert back to a normal life services of the respective country's embassy in society after release from prison. Cor­ staff are utilized. The participants of other rective programmes for resocialization are countries also expressed simi/ar views. The therefore necessary. To help make the participant from Malaysia stated that such environment within the prison conducive information is repeated to the prisoner to reform a prisoner is given certain rIghts once in every three months. The partici­ and privileges depending 011 the socio­ pant from Sri Lanka stated that a prisoner economic condition in the respective coun­ on admission is brought before a welfare tries. However, along with this, a congenial officer whose duty is to acquaint the atmosphere where a prisoner can find prisoner with the rules, regulations and

167 REPORT OF THE COURSE standing orders. A participant from Japan advisor is handed over to the advisor by the stated that in addition to what had been prison authonties without examination. said earlier, a copy of the information is In Hong Kong, every prisoner can have placed in each cell. The participant from an interview with the superintendent on the Philippines stated that a juvenile on any matter either by submitting a request admission appears before a team consisting in writing or by approaching him direct of a head of the institution, social worker, during his daily inspection of the prison. psychologist and a doctor, who explain the In addition, the prisoner can also request infom1ation to him. to see the Commissioner of Correctional The participant from Hong Kong in Services and/or the justice of the peace explaining the system prevailing in his during their visit. Interview is also allowed country stated that in addition to the to be private if the prisoner so wishes. An written information, talks are also arranged entry will be made in his record and the by psychologists, medical staff and correc­ result of the interview fully explains to tional officers. The information is also him. Request and complaints are' allowed displayed on notice boards located at to be passed without censorship to the prominent places. Information regarding governor, judicial authority and the justice visits is also given. There is provision for of the peace. A complaint, once submitted, passing infom1ation to deaf and dumb can not be withdrawn and all are thorough­ prisoners by using sign language in which ly investigated. Punitive action can be some of the correctional officers are taken for making a false or malicious al­ trained. He further added that officers legation against a prison official depending are trained in Thai and Japanese languages upon the circumstances. as interpreters. In Hong Kong, Indonesia, The participants from Bangladesh, the Republic of Korea, the Philippines, Sri Lanka and Japan mentioned that they Singapore and Japan, the prisoner is given do not have the justice of the peace as in a one to two week induction course on the case of Hong Kong. admission to assist him or her to under­ The participant from Singapore added stand his rights and privileges. that there is a prison welfare officer in every prison who maintains a 'request Complaints by Prisoners book' for requests and complaints. He added that if after due enquiry a complaint Participants from almost all the coun­ against a prison official is found false, the tries stated that prisoners are allowed to complainant may be awarded punishment. make requests or complaints to the office­ The partiCipant from Fiji stated that in-charge of the prison or other correction­ complaints for committing criminal assualt al institution, the inspecting authority and are investigated by the police and appro­ legal representative. They are also allowed priate action is taken promptly. He stated to write petit.ions (to Ombudsman in Fiji) that all petitions addressed to the Ombuds­ which are not censored. The systems in man are not censored. He added that in some countries differed from others. The the case of a petition for submission by an partiCipants from Indonesia and Malaysia illeterate prisoner, the petition is written stated that all prisfoners are allowed to for the prisoner by an officer, who records make a request or complaint to the officer the actual words spoken by the prisoner, in charge of the prison, visiting justice, on completion it is read back to the Director General of Prisons and other prisoner, who if satisfied signs or puts his appropriate authorities appointed for the thumb mark to it. No prisoner is allowed purpose but not to any subordinate prison to draft or write a petition on behalf of staff except if reporting sick. The officer another prisoner. in charge may grant a confidential hearing. The participant from Nepal stated that Any confidential legal (appeal) representa­ all prisoners can make requests or com­ tion made by a prisoner for his legal plaints to the officer in charge of the

168 SESSION 7 prison. Prisoners are also allowed to' make India added that in the case of abuse of requests or complaints confidentially to authority and any violation of prison rules the Chief District Officer and Zone Com­ which constitute a criminal offence, any­ missioner, who have the authority to body including a prisoner can institute inspect the prison. He added that any criminal proceedings in the court against request or complaints to these officials are a prison official after serving notice to the forwarded without censorship and they official concerned. If after enquiry, a take appropriate action after giving a prima facie case is proved, the trial is held hearing to the prisoner. All prisoners are in the court by a magistrate as per the allowed to make requests or complaints to Criminal Procedure Code. His Majesty the King of Nepal through the proper channels. Conclusion One participant from Japan stated that when an inmate is dissatisfied with the From the overall comparative study of action of the prison authority, he may systems prevailing in participating coun­ submit a petition to the Minister of Justice tries, it was clear that almost all the or an official visiting the prison for inspec­ countries adhere to the Standard Minimum tion. The petition aims at ensuring that all Rules on this subject. The organization, actions of the prison authority are legal method of passing information and redres­ and appropriate and prisoner's complaints sing grievances, however, vary in some are received at any time they wish to make countries because of differences in the them. Making a petition is a legal right of rules. a prisoner. However, the petition does not put the authority under a legal obligation to give a reply to the prisoner. In other words, the authorities have discretion in Session 7: Contact with the Outside World deciding whether or not they will take action. The prisoner may, however, file a Chairman: Atb: Yoichiro Yamato petition to the court. The prisoner is Rapporteur: Mr. Ish Kumar Bhagat also allowed to interview the warden who Advisor: Mr. Yoshio Noda will give him the opportunity to have free discussion regarding treatment in prison and conditions. Although a request for a Introduction warden's interview obligates the warden to grant an interview, it does not give the The maintenance of a link with the inmate a legal right to be interviewed by outside world is an important factor in the warden personally and this can be helping a prisoner to overcome any diffi­ delegated. culties he may face during his incarcera­ Another participant from Japan added tion. It also helps his reintegration in the that all prisoners are allowed confidential community after his discharge. Visits of hearings whenever they request them family members and friends and written (Article 7 of Prison Law Enforcement Re­ communication with them should be gulation refers). He further added that the encouraged. Regarding prisoners with no Prison Law in J apn is being revised. In family ties, arrangements should be made that, the question of the disposal of peti­ with volunteer agencies to pay them tions will be stipulated clearly and the regular visits so that they feel they are part prison rules will be modernized keeping in of the society. Access to radio, newspaper view the Standard Minin1Um Rules. The and other periodicals play an important inspection of prisons, which is at present role in that prisoners are kept informed of once in two years, will be made O!1ce in what is happening in the outside world. It every year. was the consensus of participants that The participants from Bangladesh and contact with the outside world is an

169 REPORT OF THE COURSE important factor and plays a vital role are allowed to prisoners as an incentive towards the rehabilitation of prisoners. for good behaviour and in the intent of rehabilitation during the period of in­ Current Situation of Contact carceration. with the Outside World 2. Correspondence 1. Visits All participants agreed that facilities for Visiting facilities are available to all writing letters to friends and relatives by prisoners either convicted or unconvicted prisoners were permitted in their respective inside the prisons of Asia and Pacific countries. A number of countries have countries. Facilities of different kinds are restricted correspondence to one letter a provided and a number of countries have week, however, in some countries the adopted an open visit system. Countries restriction is lifted depending on the grade like Bangladesh, Fiji, the Republic of of a prisoner. As to incoming letters, most Korea, Malaysia and Japan have a system countries stated that prisoners may receive where the number of visits are given to a any number of letters from friends and prisoner in accordance with his grade. The relatives, however letters are subject to frequency of visits is from one visit a week censorship. Assistance is rendered by the to one a month. In the case of Chile, correctional officers to those prisoners Hong Kong, India, Indonesia, Iraq, Nepal, who are illiterate to write letters. In some Pakistan, Papua New Guinea, the Philip­ countries it was noted that such assistance pines, Singapore, Sri Lanka and Thailand, is often rendered by prisoners who are visits are limited either daily or up to twice literate. a month depending on the situation and Correspondence in a foreign language is circumstances of the prisoner. Notices of permitted by prisoners of other nationali­ visiting hours for the information of ties in all the countries in the region. The visitors are displayed in the reception censorship of letters is enforced by all offices and outside the main gate of each and with the exception of Japan corre­ institution. In most of the countries re­ spondence with their legal advisors is presented visits are conducted within the forwarded as soon as possible without sight and hearing of correctional officers, censorship. with the exception of Chile and Indonesia where visits are not within the hearing of 3. Access to News the staff. The majority of the countries Participants from mpst countries re­ allow close friends and relatives of the presented reported that prisoners have prisoners to visit them but the number of access to newspapers, periodicals and books persons allowed differ from a minimum of which are provided by the authorities. In three upwards. some countries radio programmes are Facilities for visits by volunteers, volun­ transmitted to prisoners through a public tary agencies, government agencies and address system. Television is also available legal advisors exist in all the countries and in 1110st countries where prisoners are able most of these visits are conducted in to watch T.V. during their leisure time. private, within the sight of but out of the Iraq provides colour T.V. for all classes of hearing of a correctional officer. prisoners. In the case of I-long Kong and The participant from the RepUblic of Japan, colour T.V. is provided for certain Korea men tionecl difficulties experienced classes of prisoners. Educational T.V. is in the control of ex-prisoners who visit the provided for young offenders in I-long prisoners uncler the pretext of being a Kong and the same system is currently relative, however, every effort is made to under consideration in Iraq. In the case of detect such persons to prevent them from Fiji, Nepal and Papua New Guinea, they misusing the facilites provided. It was have no T.V. service for prisoners, and the tioted that in SOme countries extra visits participant from Sri Lanka reported only

170 SESSION 7 two of its institutions have T.V. for pris­ Remand prisoners have reasonable ac­ oners. The participant from Papua New cess to material for correspondence and Guinea reported that prisoners may buy they may communicate with their families newspapers at their own expenses once a and friends. All correspondence is subject week, however they are not permitted to to censorship. In the case of Indonesia all buy radios. incoming and outgoing letters are censored A number of countries reported that by the public prosecutor. prisoners are allowed to make arrangements Though Japan provides facilities for un­ to produce their own newspaper and radio convicted prisoners to visit and correspond programmes. with their families and friends, such facili­ ties can be stopped by a judge on the 4. Foreign Prisoners' Communication with request of a public prosecutor, when there Diplomatic or Consular Representatives is reasonable grounds to suspect that an Participants from all the countries unconvicted prisoner may escape or stated that facilities are provided for destroy evidence. Generally unconvicted foreign nationals to communicate with and prisoners with such serious charges as receive visits from the representatives of gangster activities, bribery, offering a bribe their respective countries. Such visits and and in possession of stimulant drugs, etc. letters carry no restriction and are trans­ are prohibited to have visits from relatives mitted without censorship. Participants owing to the fact that the prisoner may try from Hong Kong, Indonesia, Malaysia, to interfere in the normal COUrse of justice Singapore and Thailand reported that on by committing an unlawful act. the admission of a foreign national, a All participants stated that remand pris­ letter of notification is immediately sent oners are allowed to correspond with their to his country's embassy infonning those legal advisors who may visit them in the concerned of his admission to prison. In institution at any reasonable time 011 any addition consular representatives may, if day of the week except on public holidays they so wish, arrange a defence counsel for and in some countries on Sundays. Any the prisoner to assist him in his trial or on correspondence addressed to their legal appeal. Information is also usually passed advisors is sent without undue delay and to the consular staff on the transfer of a without censorship. prisoner from one prison to another. In Prisoners awaiting trial have access to Hong Kong, in the case of a prisoner radio, T.V. and newspapers in most of the seriously ill or admitted to an outside participating countires. Foreign nationals hospital, the consular staff are also notified are allowed to correspond and have visits first by telephone then in writing. from the representatives of their countries.

5. Conditions for Remand Prisoners Conclusion (prisoners under arrest 01' awaiting tdal) It was reported that visiting facilities To conclude the session it was evident and materials for correspondence were that U.N. Standard Minimum Rules 37 to available to all remand prisoners in the 39 for all prisoners and Rules 90 to 93 countries in the region. Prisoners awaiting specially for the unconvicted prisoners are trial are allowed daily visits from 15 either fully or partly implemented by all minutes to two hours in a few countires. participating countries. Though there ap­ However, in others such visits are either peared to be no standard formula, taking restricted to once a week or three times into consideration the resources available a week. All visits are conducted within the and the culture of each countly, prisoners hearing and sight of a correctional officer are kept informed of events in the outside with the exc\"ption of Chile and Indonesia world. Prisoners who are foreign nationals where visits are not within the hearing of whether convicted or unconvicted have correction a1 staff. access to visits and communication with

171 REPORT OF THE COURSE

the representatives of their respective of separating different categories of pris­ countries. oners in separate institutions or sections of The participant from the Republic of institutions, taking into consideration their Korea was concerned with the problem of sex, age, criminal record, and treatment ex-prisoners who try to visit prisoners programmes. Through a programme of under the pretext of being a relative. It classification we separate the sexes, iden­ was suggested that to solve this problem tify the young prisoner from the adult a system should be introduced whereby a offender, the first offender from the prisoner on admission must declare the habitual offender. Likewise after admission names and addresses of relatives and and after studying the personality of each friends whom he wished to have visit him, prisoner with due regard to the length of accordingly no person other than an au­ sentence, one would wish to arrange for thorized visitor may visit him. This should a programme of treatment and training overcome the problem. Such a system is which is best suited to him. currently in practice in Bangladesh, Hong He concluded that a good classification Kong, India and Japan and has proved to system and individualization of treatment be successful. will assist the correctional service to en­ A participant from Japan pointed out hance and expand programmes directed that in Japan visits to unconvicted pris­ towards rehabilitation of the inmates and oners can be prohibited (except to his help to facilitate their treatment with a defence counsel) by a court order under view to their social rehabilitation. In so circumstances stipulated by law. Such a doing, this will improve the efficiency and practice was not reported by any other effectiveness of the treatment of prisoners participants, however, the participant from as well as correctional administration and the Philippines pointed out that in certain will benefit the individual prisoner. circumstances a judge may issue a prohibi­ tion order for visits and communication Current Systems and Situations against an untried prisoner. Note was taken, however, of Japan's 1. Bangladesh new bill in respect of Penal Institution Law The separation of the different catego­ which is currently under preparation, in ries of prisoners is implemented. In some which it is likely that the law relating to institutions different categories of prisoners visits, communications and censorship of are kept separately in different compounds. legal communications may be varied. Classifica tion standards are based on type of offence, first offender or not, background, age, sex and prospects after release. All classes of prisoners are placed Session 8: Separation 01' Categories; in the same institution but in different Classification and wards or sections. Sometimes they are Individualization transferred to prisons which have a par­ ticular type of correctional progran1me. Chairman; M,: Boonsootthi Thanusiri Juvenile offenders are accommodated in a Rapporteur; Mr. Mohd. Ja!!arBin separate training institution. Rehabilitative Yaacob treatment programmes are available at the A dllisor: Mr. Keizo fJagihara central and district prisons. Subjails meant for prisoners on remand do not have any rehabilitative programmes. Introduction Overcrowding and a shortage of trained staff hamper classification programmes. To The chairman in his opening remarks alleviate this, more correctional institutions referred to the Standard Minimum Rules are reqUired to be constructed and correc­ which he said underline the significance tional officers need special training.

172 SESSION 8

2. Chile Likewise females are accommodated in The separation of the different catego­ institutions specially allocated for females. ries of prisoners is generally implemented. Civil prisoners (DEBTORS) are kept apart In each region there is an institution for from all other prisoners. Remands are Women. Where there is no separate institu­ kept separate from convicted prisoners, tion, male, female and young prisoners are the greater majority in one institution. accommodated in separate sections of the The classification board when classi­ same institution. fying a prisoner takes into account his Problem arises from a shortage of sepa­ age, character, present offence, previous rate institutions for the different categories offence, physical and mental health, of prisoners. An allotment of government involvement in triad activities if any and funds is required to build the necessary other relevant factors. A prisoner will buildings and other facilities. be categorized and admitted to an institu­ tion considered best suited to his needs. 3. Fiji All prisoners upon reception will appear The separation of the different catego­ before a classification board for the pur­ ries of prisoners is generally implemented. pose of classification and categorization. Female prisoners have a separate institu­ Members of the board include the head of tion. Untried and civil prisoners have the institution, medical officer, officer of separate sections in the reception institu­ the reception office, welfare officer and tion. such other staff as required. Such classifi­ Factors for classification include length cation can not be altered except by a of sentence, type of offence, previous crim­ subsequent board and each institution will inal history, previous prison history, social submlt monthly to Correctional Services history, occupational history, personality, Headquarters a return of such proceedings. etc. There are separate institutions for different classes of prisoners. 5. India The Allocation Board at Suva Prison The separation of t:1e different catego­ classifies and allocates prisoners received ries of prisoners is generally inlplemented. from the central division (serving sentence There are seven exclusive prisons for of six months and above), and prisoners women and young prisoners. In other received at other divisional prisons (18 institutions, different categories of pris­ months and above) who are transferred to oners are segregated in different buildings. Suva Prison. Naboro Classification and Categurization criteria involve age, phy­ Allocation Board periodically reviews the sical and mentai health, length of sentence, placement of prisoners serving sentence at degree of criminality and character, ten­ this prison cvmplex. dency of contamination risk, educational and vocational training need, rehabilitation 4. Hong Kong need, etc. The separation of the different catego­ ries of prisoners is fully implemented. All 6. Indonesia prisoners are classified as "star" or "or­ The separation of the different catego­ dinary". "Star" class prisoners are first ries of prisoners is implemented, however offenders, or prisoners with previous there are no civil prisoners. Female pris­ convictions of a minor nature and have not oners, juvenile and young prisoners have been in any category other than 'D'. All separate facilities. In prison the convicted, other prisoners are ordinary class. Star lInconvicted, young prisoners and juveniles and ordinary classes of prisoners are kept are kept in different buildings or sections. apart from each other mainly in different Classification criteria rest on sex, age, institu tions. type of sentence, tenn of sentence and Young prisoners are accommodated in nationality. Prisoners are classified into institu tions classified for young prisoners. first offenders and recidivists and they are

173 REPORT OF THE COURSE accommodated in the same institution but chief of work section and supply section, in separate sections. chief of education section will analyse the The council for treatment and guidance personality of prisoners and decide on comprises of a medical officer, security individualized programmes of treatment. officer, education officer, welfare officer, With regard to the separation of catego­ and others. The council will investigate and ries, the major obstacle is the insufficiency prepare respective individualized treatment of buildings for accommodation of the and training programmes for prisoners. different categories of prisoners and the lack of other facilities. There is now a 7. Iraq provision of government funds to meet The separation of the different catego­ these needs. As to the classification sys­ ries of prisoners is implemented, but in tem, there exists a shortage of specialists. same institution, separate blocks are used To overcome this, new staff at college for the different categories of prisoners. graduate level will be recruited, in addition, Classification criteria rest on sex, nation­ a new correctional college will be built. ality, and potentiality to commit crimes, physical condition, sentence and age. 9. Malaysia There are separate sections and special The separation of the difl'~'r~~lt catego­ treatment programmes for the treatment ries of prisoners is implemented. Young of different classes of prisoners. prisoners are accommodated in a special In the reception section, a social worker prison for young prisoners. Female pris­ studies inmate's personality, background oners and untried prisoners are kept following which a doctor will certify his separate from each other and confined in fitness. This coupled with the technical different buildings. Likewise civil prisoners committee which consists of specialists in so far as it is practicable are placed in psychology, sociology, vocational train­ separate from convicted prisoners. ing and a psychiatrist will recommend Prisoners are classified having regard to suitable treatment. age, character, previous history and type of Problems of implementation of classifi­ sentence, as follows: cation and individualization stem from a 1) Young prisoners: (convicted pris­ shortage of trained staff. Remedial mea­ oners under the age of21 years) sures include the establishment of an insti­ 2) Star prisoners: (first offenders and tute for training personnel from Arab well-behaved prisoners) countries and the setting up of a training 3) Ordinary prisoners: (recidivists and programme for the staff. all other convicted prisoners) 4) Unconvicted prisoners: (persons on 8. The Republic ofKorea remand, awaiting trial, etc.) The separation of the different catego­ 5) Juveniles: (young offenders between ries of prisoners is generally implemented. 14-21 years under the Juvenile Court Untried prisoners are detained at a deten­ Ordinance) tion house, likewise young prisoners at a Young prisoners are accommodated in juvenile prison. Female prisoners are se­ a special prison and have their own pro­ parated from male counterparts in differ­ gramme of treatment and training. Juvenile ent sections of the same institution. offenders are detained at Henry Gurney Prisoners are classified into A, B, C, School with a set programme of treatment and D classes according to the degree of and training. Where there is no separate corrigibility and each class has its own institution, unconvicted and convicted accommodation and programmes for treat­ prisoners are accommodated in the same ment. prison but in different buildings with The classification and treatment com­ respective programmes of treatment. Star mittee which comprises assistant warden, class and ordinary class of prisoners are medical officer, chief of security section, placed in the same buildings and receive

174 SESSION 8

similar tr~atment and training. Arrange­ 12. Papua New Guinea ments are made whereby prisoners in The separation of the different catego­ each class are segregated in so far as is ries of prisoners is generally implemented practicable both at work and in sleeping except that there is no separation of accommodation. civil and criminal prisoners since they are The reception board, at every prison, accommodated in the same compound. comprises the superintendent, deputy su­ Expatriate prisoners are kept in a special perintendent, industries officer, medical section of a central major institution. officer and welfare officer. Coupled with In the same institution, females are kept the medical officer's report (on state of separate from males, and untried prisoners health, mental and physical) the board will and young offenders are kept separate in classify prisoners sentenced to imprison­ different sections. There are four separate ment taking into account age, character, juvenile institutions (under 16 years old). type of sentence and previous history. Classification criteria include previous Then the board interviews the prisoner and conviction, seriousness of offence, length allots him work for which he is considered of sentence, nationality, sex, age and best suited depending on the work re­ environmen tal background. sources available. Major obstacles faced are the lack of funds to improve or build accommodation 10. Nepal and inadequacy of trained personnel. To The separation of the different catego­ improve the classification system, amend· ries of prisoners is generally implemented. ments or revision of the present act and Prisoners are classified in to Classes A regulations is also essential. and B. Class A is given to prisoners with a higher education and standard of living. 13. Peru Likewise prisoners convicted under the The separation of the different catego­ public security act and political prisoners ries of prisoners is generally implemented. come under Class A. Class B consists of Female and male prisoners are placed in habitual criminals, those convicted of different sections of the same institution. immoral acts and offenders involving pre­ Young prisoners are accommodated in a planned crimes. special institution. There is inadequacy of special buildings 11. Pakistan and to construct them a special allocation The separation of the different catego­ of government funds is required. ries of prisoners is generally implemented. Female and young prisoners have separate 14. The Philippines institutions. In the same institution, un­ The separation of the different catego­ tried and convicted prisoners are segregated ries of prisoners is implemented. There are in different sections. separate institutions and buildings for Prisoners are classified into recidivists, different categories of offenders. Examples, casuals, condemned prisoners, those con­ National Prison for adult prisoners (21 victed for serious crimes, those convicted years above), National Prison for young for drug offences, dangerous prisoners, prisoners (18-21 years), Correctional Insti­ long-termers/lifers, short· termers, and per­ tution for female prisoners (21 years above), manently sick prisoners. All classes of Rehabilitation Centre for drug addicts, prisoners are kept separate. National Training School for girls (below The classification committee consists of 18 years old) and National Training School a superintendent, deputy superintendent, for boys (below 18 years old). and medical officer who will analyse the Classification norms are according to personality of prisoners and suggest in· age, sex, nature of offence, mental capaci­ dividualized treatment and training. ties, security, first offender or recidivist. There are separate institutions and special

175 REPORT OF THE COURSE treatment programme for the different officer. The board will analyse the person­ classes of prisoners. ality of prisoners and arrange individualized The committee board for adult prisoners training and treatment. In the training is headed by the warden, psychologist, school for youthful offenders, the board correctional officers, security officer and a consists of a superintendent, school master, vocational officer from Headquarters. medical officer, and vocational instructor. Major obstacles involve overcrowding, 15. Singapore no new institutions, and a lack of reliable The separation of the different catego­ infomlation. ries of prisoners is generally implemented. Women and young prisoners have separate 17. Thailand institutions. Untried prisoners and civil In Thailand the separation of different prisoners are kept in separate sections. categories of prisoners is implemented with The prison classification board assesses the exception of civil prisoners. individual inmates in terms of educational, Classification is based on age, sex, term social and employment background, etc. of sentence and number of offences com­ and estimates specific treatment schemes mitted. Long termers are accommodated in for various categories such as reformative the central prison, short termers in provin­ tral11ing, corrective training, preven tive cial prisons, young prisoners in young detention, etc. There are the reformative offender institutions. Women prisoners are training centre for trainees between 16-21; kept in separate sections in district or medium security prison for offenders provincial or central prisons or a women's sentenced not more than three years; correctional institution. Prisoners are remand prison for civil prisoners and classified into excellent class, very good person awaiting trial and also maximum class, good class, fair class, bad class and security prison for long-term prisoners. very bad class. Each institution has a classification The classification committee in the committee chaired by the head of the in­ central prison consists of the warden, chief stitution and comprises a representative of custody and security, chief of general from "SCORE", education officers, prison administration, chief of education and vo­ officers and welfare officers/social services cational training, a social worker and officers. The committee determines the chaplain. At a provincial prison it com­ institutional treatment programme and the prises the warden, chief of custody and individualized programme for prisoners. security, chief of clerical and vocational training and chaplain. The committee will 16. Sri Lanka classify and arrange the respective indivi­ The separation of the different categories dualized programme and training. of prisoners is generally implemented. In the In connection with the separation of same institution, female prisoners are locat­ categories some obstacles still exist which ed in different sections from males likewise stem from a shortage of accommodation the untried prisoners. Young prisoners are and buildings. To ease the problem, the placed in a separate institution or in a building of new prisons with the necessary separate section of the same institution. facilities is essential. Prisoners are classified into youthful of­ fenders, first offenders, prisoners convicted 18. Japan twice, prisoners convicted over three times. The separation of the different catego­ Prisoners sentenced up to three mon ths im­ ries of prisoners is fully implemented, and prisonment are placed locally and located it has no civil prisoners. There are 48 separately. Special treatment programmes prisons for males 5 prisons for women, 9 are available to young prisoners. juvenile prisons, 5 medical prisons for The committee board consists of a su­ convicted prisoners, and 7 detention houses perintendent, welfare officer and medical and 106 branch detention houses for un-

176 SESSION 9 convicted prisoners. in the following countries: Fiji, Hong Under the present classification sys­ Kong, Indonesia, Iraq, Malaysia, Papua tem, prisoners are grouped into allocation New Guinea, the Philippines, Singapore categories and treatment categories. Criteria and Thailand; and there are laws to this ef­ for allocation categories rely on sex, na­ fect. In Bangladesh, India, the Republic of tionality, type of sentence, age and term of Korea, Pakistan, Sri Lanka and Japan, two sentence, degree of criminal tendency and types of sentences exist: one is imprison­ physical and mental disorder. For treat­ ment without forced labour, another with ment categories the norms of selection are forced labour. Prisoners sentenced to the need for vocational training, academic imprisonment without forced labour opt to training, social education, therapeutic treat­ work in most countries. Rule 71-2 can ment, special protective treatment, etc. therefore be applied to a high percentage Prisoners of a particular categolY are al­ of the total sentenced prisoners in the located to a corresponding institution countries represented. As regards India the providing a specific treatment programme. actual situation could not be ascertained The classification committee consists of due to a lack of available statistics. In officials relating to investigation and treat­ Chile, Nepal and Peru, there is no imprison­ ment in each prison. Moreover, in each ment with forced labour; of prison work region a prison is designated as a regional on a small scale is, however reportedly classification centre for improved investiga­ provided to a small percentage of prisoners tion methods and function of the classifica­ who opt to work: 35% of all the prisoners tion system. The classification centre has work in Nepal. qualified classification specialists and all It was therefore concluded that the necessary supporting facilities. fundamental principle, that all prisoners under sentence who are determined by a medical officer as fit for work, shall be required to work, is either in practice or Session 9: Prison Work in the law of the countries participating in the 61st International Training Course, Chairman: Mr. Revati Raj Kafle with some exceptions. Rapporteur: Mr. Fung Kwan Yuet Advisor: Mr. Hachitaro Ikeda 2. Nature of Work In most countries prisoners are classified by medical officers into different condi­ Introduction tions of fitness, such as: fit for normal work, for light work, for therapeutic work The study was conducted in five sec­ and unfit for work of any form, with the tions: a) the fundamental principle of exception of a few countries where there is prison work; b) the nature of work; c) no medical classification determining the prisoner's working hours, interests, re­ physical fitness of a prisoner or fitness muneration and expenses; d) administra­ requirements to perform any type of work. tion systems of prison work; and e) in­ In general most countries claim that work­ dustrial safety. ing conditions are not of an afflictive nature, that means: no chains are used for Current Practice of Prison Work outside work; prisoners are not supervised with firearms and reasonable shelter, light­ 1. The Fundamental Principle ing and ventilation is provided for indoor The United Nations Standard Minimum work. Rules 71-2, "All prisoners under sentence Fiji, Hong Kong, India, Iraq, Malaysia, shall be required to work subject to their Pakistan, Singapore, Sri Lanka, Thailand physical and mental fitness as determined and Japan have a sufficient supply of work by medical officers" has been implementtld for prisoners. Bangladesh, Indonesia, the

177 REPORT OF THE COURSE

RepubHc of Korea, Papua New Guinea and ing hours for prisoners are stipulated taking the Philippines have insufficient industrial into consideration the working hours in and productive work, prisoners are how­ outside industry, and there are laws govern­ ever occupied in some forms of useful ing prisoner's maximum working hours, work. In Nepal, only 35% of prisoners are with the exception of Chile and Peru. provided with work; in Chile and Peru, In Chile, Hong Kong, India, Indonesia, very little WOIl\. is provided for prisoners. Iraq, the Republic of Korea, Nepal, Peru, Most countries are not favoured with the Philippines, Singapore, Sri Lanka, Thai­ securing work for prisoners with the ex­ Idnd and Japan prisoners are paid for their ception of Hong Kong. In some countries, work in accordance with a laid down prison work is comparable to that outside earnings scheme. In Fiji prisoners are paid which in the main involves agricultural and according to their response to treatment handicraft industries. In countries such as and in Malaysia for both output and Hong Kong, Iraq, the Republic of Korea, response to treatment. There is no pay­ Malaysia, Singapore and Japan, there exists ment scheme for prisoners who work in some problem in organizing prison work Bangladesh and Paki~tan. involving management know-how, and In Chile, Fiji, Hong Kong, India, Iraq, manufacturing techniques comparable to Malaysia, Papua New Guinea, Peru, the outside industries and the nature of work Philippines, Singapore, Sri Lanka and which involves a technical training aspect. Japan, there are approved canteen items on Singapore and Japan, both use the contract which prisoners can spend their earnings. system, which means that plant equipment, All countries except Chile and Peru have manufacturing technique and know-how compulsory saving schemes. are provided by outside contractors, con­ Prisoners are generally allowed to make sequently almost 100% of the work is a request for the type of work they like organized in a manner comparable to best which is considered in the interest of outside industries. resocialization with the exception of The ainl of cultivating a good work Indonesia and Sri Lanka. habit under similar condition as outside In most countries, the rehabilitative is achieved. however, the career outlet nature of prison work is not subordinate to of prisoners are in. the main at a non­ financial profit. In Pakistan and Singapore, skilled operative level (such as assembly­ prison work emphasizes both rehabilitation line workers) and semi-skilled worker level: and commercial profit while in Hong Kong the rehabilitative need for a higher tech­ and Malaysia the financial profit in temlS nical training for better ;;areer ou tlet is of government savings generated fwm therefore subordinate to the cultivation of prison work facilitates future expansion of a good work habit. In Hong Kong, the rehabilitation programmes particularly in­ Republic of Korea and Malaysia, prison volving prison industries. industries has its own management and manufacturing know-how provided by gov­ 4. Administration System of Prison Work ernment. I n all countries, the administration of It was considered that a prison industrial prison work lay& solely with the govern­ scheme with long-term manufacturing and ments concerned. In countries such as market planning can better fecilitate in­ Singapore and Japan, under the contract dustrial training which will enable prisoners systems, private sectors are only responsi­ to attain a higher technical skill level than ble for the manufacturing supervision a contract system and at the same time whereas the responsibility for the ad­ cultivate good work habits. ministration of the workshop and the supervision of prisoners is shouldered by 3. Prisoners Working Hours, Interest, correctional staff. Remuneration and Expenses Participants stated that maximum work-

178 SESSION 10

5. Industrial Safety tion; In most countries providing work for 2) to assist them to make a profitable prisoners, the general standard of industrial utilization of their leisure time dur­ safety is reported as being comparable to ing incarceration; outside industries. The measures taken for 3) to develop a better understanding of achieving safety standards are (i) by ap­ the duties and obligations of a pointing professional safety officers in the citizen and a sense of social respon­ case of Hong Kong, Iraq, Malaysia and sibility; Singapore, (ii) by seeking guidance from 4) to improve their ability to get along the authorities concerned such as LaiJour with people through individual and Department, Fire Services Department, group guidance in social living; Medical and Health Department, etc. and 5) to guide and assist them to earn an (iii) by training correctional officers in honest living as members of a free industrial safety. society engaged in a type of work for which they are most suited; Conclusion h) to stimulate sustained interest and effort towards self-improvement. The Unitl'::d Nations Standard Minimum To achieve the above goals, the edu­ Rules 71 to 76 is genrally adopted by most cational programme should consist of countries with some exceptions stated physical, moral, cultural, vocatioflal and hereinbefore. academic education, with these ;'oints in mind. The situation prevailing in the coun­ tries of Asia and the Pacific region as well as in Chile and Peru has been discussed Session 10: Education and Vocational at length by the participants. Training Current Situation of Educational Chainnan: Mr. Victor Jorge Diaz Activities Navarrete Rapporteur: Mr. V. Appa Rao 1. Bangladesh Advisor: Mr. Yasuo Hagiwara The participant from Bangladesh ana­ (Haji) lyzed the system of education in his coun­ try. For juveniles and convicts, primary, secondary, religious, technical and social Introduction educational programmes ain1ed at rehabili­ tation are organized. For illiterate remand The raison d'etre behind prison educa­ prisoners, there arc religious and primary tion and vocational training programmes is educational programmes. For illiterates to encourage the all-round development of and juveniles, education 1S compulsory. inmate's mental and physical faculties The prison educational programmes are the in the right direction. It is the Alladin's same as for outside education. The services Lamp by which his knowledge, character of literate prisoners are utilized to meet the and behaviour can be moulded along the shortage of teaching staff. right lines to help him to acquire knowl­ The various trades for vocational train­ edge and skills so as to assist in his rehabili­ ing are tailoring. carpentry, bamboo, cane, tation. plastic, oil milling, blacksmith, coir and The ideals of a good educational and blanket manufacturing, etc. By and large, vocational training programme are as tile supply of tools is adequate. For wom­ follows: en there are some special trades like tailor­ 1) to provide opportunities to the ing, cane, plastic, bamboo works, etc. For illiterate or semiliterate inmates to juveniles, courses involve radio and T.V. achieve a reasonable level of educa- as well as motor mechanics. Inmates may

179 REPORT OF THE COURSE select a trade but it has to be approved by ers attend voluntary education classes and the board. These trades resemble the can study amongst other subjects English, trades pursued in the community and are Chinese, mathematics and social studies. aimed to help inmates in their rehabilita­ Correspondence courses are available. The tion. By and large, the inmates after their teaching staff who are fully qualified be­ release are able to earn a livelihood from long to the Correctional Services Depart­ the knowledge gained dUring incarceration. ment. Juveniles have to attend half-day The interests of the inmates are foremost compulsory educational classes of the in the minds of the vocational training appropriate standard. Syllabus is approved staff rather than making a profit. by the Education Department and attain­ ment tests are conducted monthly. Educa­ 2. Chile tional T.V. and teaching aids are provided. The participant from Chile explained Handicapped inmates have a special pro­ the setup pertaining to his country. Adult gramme. Education classes in Drug Addic­ education is on the same lines as the tion Treatment Centre are conducted in country's educational policy. It aims at the evening by staff from the Education the development of the inmate and pro­ Department. Remand prisoners are allowed vides technical support, the principal self study. objective being to root out illeteracy. The trades offered in vocational training There are three stages in the education are tailoring, fashion design, book-binding, programme: elementary, higher and supe­ carpen try, printing, car repairing, air­ rior. There are no special education pro­ conditioning, refrigerator repair, radio grammes for juveniles, it is the same for repair, T.V. repair, welding, electric wiring, everyone. Education is compulsory espe­ typing and hair-dressing. Tools, work­ cially for the illeterates. There is no shops, and trained personnel are adequate. shortage of teaching staff. There are special trades for juveniles and Inmates' rehabilitation is planneJ by women. The inmate may choose a trade imparting technical-professional educa­ which will help him on discharge. Voca­ tion and they work in the "Educational tional training is not production-oriented and Work Centres" (CET). There are hence there is no question of making a closed, semi-closed and open institutions profit. like penal colonies, workshops, farms and labour units. Tools and workshops are 5. India adequate. Inmates can choose their own The participant from India explained trade. the system of prison education in his country. It is organized at three levels ror, 3. Fiji beginners, intermediates and advanced. The participant from Fiji felt that the Education of illiterate adolescents and scarcity of resources is a major constraint adult prisoners is compulsory. Literate in­ and is hampering prisoners' education and mates assist in teaching. Self study and vocational training. The government is correspondence courses are encouraged. considering enlisting qualified persons to Library facilities are available. undertake and supervise educational and Vocational training in India aims at vocational training. in,pr'.lVing work habits and skills, develop­ Trades at present are carpentry, motor ing a sense of self-confidence and pride. mechanics, tailoring, cooking, fanning. The trades are plumbing, tailoring, pencil baking, upholstery and handicrafts. and leather industries, agriculture, soap, bleaching, poultry, farming, etc. These 4. fiongKong trades are similar to ou tside trades and The participant from Hong Kong spoke they help in rehabilitation. There is a scar­ about educational and vocational training city of equipment and trained personnel. programmes in Hong Kong. Adult prison-

180 SESSION 10

6. Indonesia secondary levels. On completion of studies, The participant from Indonesia ex­ they appear for the prescribed examina­ plained the system in use in his country. tions and those who are successful are There is a national development pro­ awarded certificates by the Ministry of gramme for the juveniles. Education. Book-keeping, commerce, ac­ The trades in vocational training are counting, civics, typing, agriculture, etc. printing, tailoring, farming and shoe­ are taught. Prisoners who learn Malay are making. encouraged to attend classes and appear for examinations. Correspondence cOUrses 7. Iraq and private studies are encouraged. For The participant from Iraq described the others, it is not compulsory. Prison educa­ prison education programme in her coun­ tional programmes are on the same lines try. Juveniles and prisoners have a special as the national education system. programme to overcome illiteracy. Re­ Juveniles have the opportunity for mand prisoners have no educational vocational training in carpemry, tailor­ programme. Education is compulsory up ing, shoe-repair, boat making, laundry, to high school. Education programme in motor/T.V./radio repair, farming, etc. Pris­ the prison is the same as that throughout oners are trained in tailoring, carpentry, the country. There is no shortage of teach­ shoe-repair, metal work, farming, etc. ing staff. Sufficient workshops with adequate equip­ The various vocational training involve ment and trained personnel are available. sewing, hair-dressing, typing, plumbing, Inmates cannot choose a trade, this is done carpentry, welding, engraving, electrical by the prison authorities who do the installation, motor mechanics and farming. selection. Trades are similar to trades Inmates can choose a trade they like most. pursued outside. On release, the inmates These trades closely resemble the trades can get remunerative employment and can pursued in the community. lead a self-supporting life.

8. The Republic oj Korea 10. Nepal The participant from the Republic of The participant from Nepal pointed out Korea spoke about the prison educational that the Prisons Department has no teach­ programmes in his country. Juveniles at­ ing staff, however teachers are seconded tend primary, middle, and high school from the Education Department. Educa­ courses depending upon their past achieve­ tion is encouraged and in the central ments. Remand prisoners get "Saemaul prison in Khatmandu, systematic efforts Spirit Training". Education up to the are being made to impart education. Moral primary stage is compulsory. There is a lectures are also given. slight shortage of teachers. Twenty-three vocational trades are pro­ 11. Pakistan vided. There is no shortage of equipment The participant from Pakistan gave a am! workshops but there is a shortage of description of the system in his country. trained personnel.· Juveniles get training in Education is compulsory for every iI­ welding, milling, etc. Women are trained leterate prisoner, in particular reading and in hair-dressing, sewing and embroidery. writing which assist their rehabilitation. All inmates can choose a trade. Inmates Juveniles have separate classes. The educa­ who attain a certain standard can find tional programme is patterned on the employment on release. national education system. Teaching staff belong to the Prisons Department. 9. Malaysia Vocational training is provided for The participant from Malaysia spoke prisoners to help in their adjustment in about the system in his country. Juveniles society after release. The trades are handi­ get academic educution of primary and crafts, carpet manufacturing, carpentry,

181 REPORT OF THE COURSE radio and T.V. repairing and ceramics. spoke about the system in her country. For juveniles, education is compulsory and 12. Papua New Guinea it is integrated with the educational cur­ i i,.~ participant from Papua New Guinea riculum of the country. There is no short­ gave a rundown of the prison education age of teaching staff. system in his country. Section 146 of the The various vocational courses for Corrective Institutions Regulations pro­ juveniles are: taUoring, carpentry, wood vides for the Commissioner to make avail­ carving, welding, hair-cu tting, poultry and able educational programmes for all the farming. The allotment of a trade to an inmates who should attend classes without inmate depends upon the result of the fail. Education is aimed to facilitate aptitude test conducted by psychologists. rehabilitation and reduce recidivism. There Ilmlates on their release have good em­ is an acute shortage of teachers and class­ ployment opportunities. rooms. The services of literate inmates are utilised for teaching proposes. Juvenile 15. Singapore offenders are equated with adult prisoners A participant from Singapore pointed for the purpose of education. Young out that education for juveniles and offenders (under 16 years of age) are sent convicts is organized at different levels; to rehabilitation centres where they learn elementary, intermediate and advanced. mathematics, English and social studies. Remand prisoners have no programme. At Trades involve carpentry, welding, elec­ the elementary level, every inmate learns trical and mechanical work, bricklaying, arithmetic, Malay, Chinese and English. piggery, poultry, tea and coffee. There is At the intermediate stage, inmates undergo a shortage of tools, workshops and trained courses such as those provided in trade personnel. schools integrating them with vocational training in the workshops. At the advanced 13. Peru stage, they would be encouraged to de­ The participant from Peru spoke about velop their own intellectual interests and the educational programmes available in prepare for public examinations. Educa­ Peru. For juveniles it is the same as the tion is not compulsory but all, especially educational system of the country. Educa­ the juveniles, are encouraged to study. tion for juveniles under 18 years of age is The education programme is based 0n the given in "Special Institutions for Minors". national educational system. Qualified They study elementary and high school teachers from the Ministry of Education education. Adult education is based on are seconded to the Prisons Department. the national educational policy. Teaching The variolls trades in Which vocational staff from the Education Department visit training is imparted are: electrical wiring, the prison for the purpose of teaching. For welding and plumbing. There are adequate juveniles and illiterates, education is tools, workshops, trained personnel, etc. compulsory. There is no shortage of f nmates may choose a trade subject to the teaching staff. approval of the classificatiol1 board. These Equipment is adequate and the trades trades resemble the trades outside the for juveniles involve agriculture, craftsman­ prison and help ill rehabilitation. About ship. shoemaking. masonry, etc. For wom­ 80% of the inmates are able to obtain en, tailoring and agriculture are taught. employment on release in their relevant Inmates may choose the trade they wish to trade. Vocational training is nonprofit follow, which resemble the trades pursued making. outside and ultimately help in their re­ habilitation. 16. Sri Lanka The participant from Sri Lanka portray­ 14. The Philippines ed the system in his coulltry. Juveniles The participant from the Philippines study up to the sixth grade which is com-

182 SESSION 10 pulsory with the Education Department through correspondence courses. Book providing the teachers. Books are given keeping, auto-meChanics, English, general free to inmates. There is no planned educa­ academic courses for high school and tion for remand prisoners. Prisoners have college credits are popular courses among educational schemes in the larger prisons. inmates. "Living guidance" or social Steps are being taken to expand this to education is an integral part of prison other prisons. Officers are used for teach­ education. It includes moral training in ing wherever there is a shortage of trained daily activities with a view to cultivating teacher. a proper attitude and a healthy mind. The trades taught in the prisons are According to the rules for vocational carpentry, tailoring, laundry, shoe-making, training for prisoners, there are three cOir, brush, soap, printing, bakery, knitting, types; intensive vocational training, special agriculture, etc. There is an acute shortage vocational training and ordinary vocational of tools, workshops, trained personnel and training under the auspices of the institu­ finance. The special trades for juveniles tion. The trades taught are Japanese mat involve agriculture, aninlal husbandry, manufacturing, wood carving, painting, motor mechanics, carpentry, etc. Women tailoring, hair-cutting, motor mechanics, specialize in tailoring, matmaking, handi­ farming, plumbing, carpentry and electric crafts and cloth manufacture. With the wmng. Certificates of completion of permission of the superintendent, inmates training are issued by the Director of can choose a trade they wish to follow. To Vocational Training Bureau. Inmates are some extent these trades resemble the also encouraged to take the various public trades pursued ou tside. Employment op­ examinations in these trades. portunities are very meagre. Conclusion 17. Thaila/ld The participant from Thailand spoke Most of the participating countries have about the adult education scheme which educational programmes of some form or is taught at four levels; primary 2, primary other in some of their prisons. One notice­ 4, primary 6 and secondary 3. It is on a able trend is that for juveniles, education par with the curriculum of the Education is compulsory up to a certain level. Even Ministry who conduct examinations and for illiterate adults, it is compulsory in award certificates. Remand prisoners have many of the countries. Every countlY has no educational programme. realized that some basic level of education There are vocational training courses in is essential for the rehabilitation and re­ carpentry, brick manufacturing, weaving, socialization of offenders. Prisons in many printing, hair-cutting, tailoring, cloth man­ countries have severe constraints such as ufacturing and farming. There is a shortage inadequate classroom facilities, trained of equipment, workshops and staff. The staff and equipment. special course for women is hair-dressing Vocational training is considered im­ and for juveniles motor-mechanics. portant in most countries. The trades pursued are almost the same with few 18. Japan exceptions. Special emphasis is given to the A participant from Japan explained the vocational training needs of adolescent educational system in his country. Prison­ offenders and young adult offenders. ers who have not completed nine years' However, inadequate finance, workshops compulsory education are given basic and untrained staff are barriers to the education in the Japanese language, math­ promotion of a good system of vocational ematics, civics, etc. Academic education training. is actively and vigorously imparted to juveniles, Opportunities are provided to pursue general and specialized education

183 P,EPORT OF THE COURSE

Session 11: Exercise and Sports; Fiji, Hong Kong, India, Indonesia, Iraq, the Recreational and Cultural Republic of Korea, Malaysia, Nepal, Paki­ Activities; Religious Activities stan, Peru, the Philippines, Singapore, Sri Lanka and Thailand stated that all pris­ Chairman: Mr. Kim, Myung Bae oners not employed in outdoor work are RappoNeur: JVfI: Mohammad Salam given at least one hour's physical exercise Advisor; Mr. Seiji Kurata daily in the open air, if the weather permits, or else in the dormitories or a gymnasium (most countries do not have Introduction a gymnasium in the prisons). They also indicated that prisoners are allowed to play l.Junislunent which was previously con­ such games as football, volleyball, baseball, sidered as the dominant function of the badminton, table tennis, etc. Occassionally prison has gradually been replaced by a friendly matches are organized with outside new awareness of the necessity to assist teams. Athletic meets are also organized prisoners to maintain their physical health in the prisons of some countries. Cultural and mental equilibrium. However, it is a functions, mm shows, perforrnancesby fact that prisoners are prone to undesir­ outside groups and other special activities able influences if they are left without taken place on the days of national cele­ constructive sport, recreational, cultural brations are usually arranged inside the and other extra-curricular activities. Re­ prison. Libraries facilities are available ligion too plays a vital role in the reforma­ in almost all the prisons in the countries tion of an individual. The teachings of any represented. religion, i,e., "Dos" and "Don'ts" put the The participant from Nepal stated that onus on a person not to commit an of­ physical training for young offenders is fence, in addition, it is a human right to be not compulsory, while the participant able to follow one's own religiOUS beliefs from Bangladesh added that juveniles in even behind the walls of a prison. Bangladesh receive intensive physical train­ The United Nations has set standard ing and are allowed to play games in the minimum rules covering sports, recreation, evening as part of the daily programme. cultural and religious activities in prisons. The participant from Fiji added that These are set out in Rules 21, 41, 42, 77 overseas cultural groups on tour in his and 78. At the beginning of the session, country sometimes visit and perform cul­ the chairman briefly explained the relevant tural shows in minimum security prisons. Standard Minimum Rules. All the partici­ The participants from Chile, Indonesia, pants took an active part in the discussion the Republic; of Korea, Pakistan, Singapore and presented in brief the position prevail­ and Thailand added that a prisoners band ing in their respective countries. The is one of the attraction not only for the importance of implementing these rules prisoners but for members of the pUblic. was emphasized by all and it was generally Malaysia and Japan have a band in some observed that the above mentioned Stand­ juvenile prisons. ard Minimum Rules have been generally The participant from Hong Kong stated implemented in most of the countries that physical exercise for a minimum of rcpresented. The mode of implementation. one hour is given to all prisoners to pro­ however, varies from one country to an­ mote health and normal physical fitness. other depending upon the socio·economic A medical officer grades the prisoners position in each country. "A" and "B" according to their age and fitness. They then attend physical educa­ Exercise, Sport, Recreational and tion classes appropriate to their grade. He Cultural Activities added that remand prisoners are also allowed to participate in physical educa­ Participan ts from Bangladesh, Chile, tion classes subject to a fitness test by the

184 SESSION 11 medical officer. Young prisoners/inmates formulating plans and programmes. Co­ receive no less than two sessions of phys­ operation is often received from an or­ ical education each week and these are ganization known as the Big Brothers regarded as part of their normal wOlking and Sisters Association and from nearby hours. All classes are conducted by quali­ schools. Friendly matches are played oc­ fied staff. Prisoners over the age of 35 casionally with outside bodies. Film shows, years upon application to the medical cultural shows, tea ceremony and other officer may undertake physical education events are also organized. There is a provided if they pass a physical fitness library in each prison and in juvenile test. institutions more intensive physical train­ The participant from the Philippines ing is organized. Athletic meets are also stated that the juveniles are given 30 organized annually. minutes' physical training in the morning and 30 minutes' sports/games in the Religious Activities afternoon. She further stated that it is obligatory for juvenile, who are physically All the participants indicated the fit, to undergo one hour's physical training percentage of prisoners of the different daily if weather permits, otherwise indoor religions in their respective countries. It games are arranged. Cultural activities are would appear that with few exceptions the also arranged like in other countries. prisons in most countries house prisoners Picnics and a cultural show every Friday of different religions. As expected in are also arranged as part of the recrea­ Bangladesh, Indonesia, Iraq, Malaysia and tional, cultural activities for juveniles. Pakistan, the most majority of prisoners The participant from Papua New Guinea are of the Muslim faith whereas in Chile, stated that prisoners are allowed one hour's Fiji, the Republic of Korea, Peru and the physical exercises in the open air if the Philippines, the majority of prisoners are weather permits. He added that although Christian, while in Thailand they are provision for recreational activities/games mainly Buddhists. All the participants is provided for in the Corrective Institu­ stated that prisoners of the different tions Regulations, there are still some religions are allowed to practice their own problems involving in1plementation which religion and satisfy theH religious needs. stem from; a) lack of facilities, b) lack of They added that visits by representatives of trained staff, and c) lack of funds. the different religious groups are allowed, However, he added that special attention is as this is considered to be one of the now being given on how to improve the important in the reformation of prisoners. situation. Films and cultural shows are Religious books are allowed to be retained periodically arranged inside the prison. in the cell or dormitory. The p:uticipants from Japan stated that In the prison in Pakistan and Peru there the Japanese Prison Law Enforcement Reg­ are full-time chaplains as religious teachers. ulations stipulates physical exercise for 30 Hong Kong, Indonesia, Iraq, Malaysia, minutes. But in actual practice 45 minutes' Papua New Guinea and Thailand have full­ physir,aJ training is given in almost all the time and part-tinle chaplains and religious prisons, in the open air if weather permits, teachers; while Chile, Fiji and Sri lanka otherwise in the dormitories. For the have them on part-time basis only. In prisoners in solitary confinement, physical Bangladesh, India, the Republic of Korea, exercise is given for one hour daily. The Nepal, Singapore and Japan visits are exercise is incorporated in the work arranged by voluntary chaplains/religious hour of the prison. One improtant fealUre representatives to lead prayers at ap­ in the Japanese system is the participation propriate times and for other religio 11s of prisoners in planning sports, recreational purposes. and cultural activites. A committee is The participant from Papua New Guinea fOfmed from among the prisoners for added that permanent chaplains are rec-

185 REPORT OF THE COURSE

ognized as officers of the correctional Session 12: Social Casework, Counselling services and 3re appointed by the Public and Psychotherapy Service Commission. Visiting chaplains are appointed by the Commissioner of Correc­ Chairwoman: Miss Sana Francis J azrawi tive Institutions Services to serve prisoners Rapporteur: Mr. Oveti Laladidi of their own denomination of a part-time Advisor: Mr. Keizo Hagihara basis. The work of the chaplains is super­ vised by the chaplains advisory council. The participants from Malayasia and Introduction Thailand added that separate programmes for Buddhist, Muslim and Christian pris­ Social casework, counselling and psy­ oners are available in all prisons. In chotherapy are part and parcel of the Thailand, Buddhist prisoners are also given correctional system in order that rehabilita­ ethical instruction using radio and televi­ tion (socialization) in its truest sense can sion. The prisoners of the Muslim faith in be achieved. Although these subjects were Bangladesh, Indonesia, Iraq, Malaysia, considered to be the most difficult ones Pakistan, Singapore and some other coun­ in the comparative study sessions, the tries are allowed to observe the holy month participants were able and well prepared of "Ramadan". In Indonesia and Malaysia to contribute valuable information regard­ an annual "Koran Competition" (recitation ing their respective countries. of the Holy Koran) is arranged inside the The chairwoman in her opening address prison. defined the subject matters as a wide The participant from the Republic of variety of methods and procedures for Korea added that they have a number of helping individuals or groups of inmates in prisoners who do not believe in any re­ one way or another to readjust into society ligion, however they are allowed to attend upon release as law abiding citizens and services of the different religions, if they so to maintain family ties during their im­ wish. Unduly it was noted that ministers prisonment. of different religions sometimes try to influence the prisoners who do not believe Social Casework in any religion in an attempt to try and get them to accept their religion. Such actions In all countries represented, although sometimes cause emotional conflict in a the concept of implementing social case­ prisoner's midn and steps are being taken work differs slightly from one another, to stop this practice. their ultimate goals are the same.

Conclusion 1. Bangladesh The participant from Bangladesh stated Sports, exercise, cultural, recreational that they do not have organized social and religious activities are important fOf casework, however institutional casework the physical and mental health of a pris­ is organized by prison officials. They have oner. Such activites are essential and are strong family ties in the society and as considered to be of the utmost value hI such discharged prisoners are accepted the rehabilitation of the prisoner. From back into the family and for that matter this comparative study session it appeared into society without much difficulty. that the Standard Minimum Rules on the subject are generally implemented in al· 2. Fiji most all the countries represented. In Fiji the prison welfare officer or in cases of institutions where there is no welfartl officer appointed, the welfare officer from the Welfare Department in that particular district, upon request, carry

186 SESSION 12 out soci:!l casework for prisoners. They conditional release. interview prisoners and their families and help to solve problems e.g. if a prisoner's 6. Iraq family is in financial difficulties he will The role of social caseworkers is to investigate and make application and re­ maintain and improve relations between commendations to the Social and Welfare the prisoner and his family. All prisoners Department for payment of a monthly are entitled to home leave. After discharge, allowance. the social caseworker will also follow up on family problems through visits to the ex­ 3. Hong Kong prisoner and will assist him to obtain any In Hong Kong, as stated by one of the appropriate documents and identification participants from that country, the after­ papers so as he can obtain work through care officer has a dual role to pluy. On the the employment office. There is a need one hand, he is a law enforcement officer for more well trained staff. responsible for the statutory supervision of an ex-inmate and, on the other hand, 7. The Republic ofKorea he is concerned with the reformation of As stated by the participant from the the same individual. The aftercare pro­ Repubic of Korea, in the correctional gramme consists of integrated stages which institutions, the educational officials who are closely intenelated and when put are well trained carry out social casework. together form a thorough system. The Each juvenile refon<1 home has on the staff three stages are: i) induction, ii) incentre social workers and volunteer probation care, and iii) aftercare. Aftercare plays an officers. He also mentioned that there are important role in the life of an inmate who not at present sufficient well trained staff is released under supervision, accordingly to fully implement such programmes. the officers on aftercare duties work as a team, usually two to a team, to ensure 8. Malaysia continuity. In Malaysia they have full-time welfare officers or visiting welfare officers from the 4. India Welfare Department to look after the The duties of the prison welfare officer welfare of the needy prisonerJ including as mentioned by the participant from that their families. On request a welfare officer country are: investigates prisoners problems and if 1) To study the inmate through per­ possible visits their homes and when neces­ sonal interview and also his family. sary will make application to the Welfare 2) To identify problems of the inmate Department to request assistance for the and deal with them. family. To resolve any difficulties, the 3) To participate in the classification Welfare Department will usually grant a and re-classifica tion programmes. monetary allowance to the family on a A caseworker makes a plan for the client monthly basis. based on i) an evaluation of the client and his family, ii) what other staff think of 9. Pakistan the client, and iii) limitations of the According to the participant from this agency. country, social casework is carried out by the prison staff training institute or 5. Indonesia by university researchers. There is no The participant from Indonesia men­ organized social casework by the Prison tioned that social casework is conducted Department. by social workers of the Probation Office which takes care of the non-institutional 10. Papua New Guinea treatment of adult and juvenile offenders; The participant from Papua New Guinea probationers, parolees and juveniles on mentioned that social casework in his

187 REPORT OF THE COURSE country is done by welfare officers who a probation officer. Members of the Prison visit the prison every now and then. Welfare Association play an important role to help to maintain and improve relation­ 11. The Philippines ships between prisoners and their families The participant from the Philippines in order to restore them back to society pointed out that social casework is a as better men and women. method used by social workers in helping the prisoners or juveniles understand their 14. Thailand problems, strength and weaknesses. The The participant from Thailand mention­ social worker plans with each individual ed that in Thailand, there are Case Work ,1'1 effective measure to eradicate or solve Section which is responsible for the follow­ his problems. In so doing, the social ing: caseworker gives professional service by 1) Carry out inmate classification pro­ involving the prisoner in meaningful activi­ gramme. ties which can modify negative selfconcepts 2) Follow up and study the behaviour and attitudes towards the home and of the inmates. society in general. 3) Supervise parolees in the community. 4) Take appropriate action when parole 12. Singapore conditions are violated. A participant from Singapore said that 5) Contact the prisoners' family. in his country social casework for prisoners operates at two levels: i) the institutional 15. Japan level under the Prison Department and ii) A participant from Japan stated that, the individual level under the Prison at any time while an inmate is confined Welfare Service. Institutional casework is in a prison, a probation officer and/or run by the living unit officers and the volunteer probation officer can visit his individualized programme by the prison family or any other persons concerned and welfare officers. Both of these programmes consult with them about matters relating begin simultaneously and are carried out to reintegration into society after a pris­ concurrently by the officers concerned. oner's release. Such visits are made in order The living unit officers who are in daily to prepare the way for his eventual return contact with prisoners, assist their wards to society, to help in re-adjustment with to understand their new environment, the his family and the neighbours in the area prison rules and regulations, rights and in which he is expected to live. Moreover. privileges. They also try to resolve dif­ the result of these contacts is helpful to ficulties arising from institutional rehabili­ the parole board, and is part of the overall tation programmes. They maintain case correctional programme. records of each inmate under their charge A prisoner's family usually have some and also conduct physical education and reservations, such as: recreation programmes appropriate to the a) Whether he will be accepted by prisoners. The prison welfare officer also society helps inmates to cope with problems b) Whether he will be able to get ajob emanating from outside. He meets each c) Whether he will continue to behave prisoner and his family almost immediately d) Whether he will be able to maintain after admission and looks into their needs a meaningful relationship and problems. e) In addition they have some reserva- tion concerning life in prison. 13. Sri Lanka The prisoner usually has the same anxieties In Sri Lanka social casework is mainly as his family, so the environmental adjust­ carried out by welfare officers and other ment is carried out by means of social trained staff and in training schools for casework techniques. At the initial stage, youthful offenders by the manager who is a volunteer probation officer has an inter-

188 SESSION 12 view with the inmate's falTIily or other inmates and to help them have a better persons named by the inmate as those insight into their problems through an with whom he will have a close relation­ adequate counselling service. Counselling is ship following discharge. In addition, conducted both individually and in group. correspondence and visits, and discussions A medical officer (psychiatrist) who is between the inmate and members of his the medical superintendent at Siu Lam family are of vital importance in the light Psychaitric Centre assisted by other medi­ of mutual understanding and good re­ cal officers (psychiatrists) is in attendance lationships. However, practically speaking, daily to treat all patients and to prepare correspondence and contacts with the psychiatric reports required by the court. outside world is not used as frequently as Full-time psychologists are employed to it should. Accordingly, the professional assist in the treatment programmes. Train­ probation officer or the VPO should en­ ed and full-time psychiatric nursing staff courage the inmate and his family to assist the medical officers in the running correspond with family members and of programmes for prisoners suffering from encourage them to make more frequent a mental illness. In institutions where there visits. is no full··time psychologist, psychological assistants are avaiJable who work under Counselling and Psychotherapy the guidance of a clinical psychologist.

1. Bangladesh 4. Iraq According to the participant from As mentioned by the participant from Bangladesh the rate of recidivism in his Iraq, they have a shortage of specialists in country is one of the lowest in the world. the field of counselling and psychotherapy. This is achieved by the following: But now the technical committee which is 1) Institutional counselling by prison the head of the correctional programme officials. guides the social worker to counsel the 2) Counselling by religious groups which offenders by studying their cases, then includes the teaching of Koran and lead them through the discussion tt) help direction and advice of the prophet. them discover the motive for committing Prisoners needing psychotherapy are trans­ a particular crime and help them to correct ferred to hospitals where adequate spe­ their attitude towards themselves and cialists are available. society.

2. Fiji 5. The Republic ofKorea The present emphasis in Fiji on the The participant from the Republic of institutional approach to the treatment Korea mentioned that the services of the of offenders entails the enforcement of specialist in phychotherapy are available discipline. As such, there is very little or in two juvenile classification houses and no time available for a personalized ap­ juvenile reform houses and a prison. proach to treatment. Hence counselling in its true sense does not exist. However, a 6. Malaysia form of counselling is done by welfare In Malaysia counselling officers at every officers, correctional officers and ministers prison perform remedial and reformative of religions. Prisoners requiring psycho­ duties working with drug offenders trying therapy treatment are referred to the to resolve the problems they face. The mental hospital. counselling adopt specific techniques suit­ able to individual drugs addicts, making the 3. Hong Kong necessary modifications so as to try and In Hong Kong one of the main aims of produce the desired result. Techniques of all correctional programmes is to strength­ counselling include establishing rapport, en the confidence and determination of cultivating self understanding, advising in

189 REPORT OF THE COURSE planning a programme of action; carrying the offender in developing a better under­ out the plan and referral to other workers. standing of institutional living and tlle In case where psychotherapy treatment requirements of a free society. Group meth­ is required, prisoners are referred to a ods such as group therapy, group counsel­ Government general hospital. ling, and guided group interaction have been used widely in Japanese correctional 7. Pakistan institutions. He also said that group meth­ The participant from this country ods appear to be gaining ground in cor­ pointed out that acute cases of neurosis are rectional treatment, they are economical referred to medical officers in mental because they allow one leader to handle hospitals. The average inmate has no more than one client at a time. The use of psychological problems and they are men­ peer groups appears to be even more help­ tally healthy as the reasons for crime are ful. Psychotherapy is part of the clinical rooted in the customs of an illiterate services. The staff members ordinary em­ society and crime generally is not com­ ployed in clinical services are psychiatrists mitted due to psychological disorder. and clinical psychologists. The methods Counselling is carried out in the community used frequently involve psychoanalytic to which the prisoner belongs. He is therapy, reality therapy and psychodrama. assisted by his friends and relatives who frequently visit him. Family ties are strong. Conclusion

8. The Philippines Social casework, counselling and psycho­ The participant from the Philippines therapy generally exist in most countries stated that the services of qualified coun­ represented. Although the approach vastly sellors, psychologists and psychiatrists are differs from one country to another mainly available in juvenile centres in her country. due to different environment, culture, In the case of mental disorder or emotional economy, etc., however the ultimate goals disturbance displayed by a prisoner are the same. There is a need to greatly or juvenile a psychologist is consulted. improve the standard in some countries and to recruit more specialists along with 9. Singapore well trained staff in order to fully imple­ A participant from Singapore mention­ ment social casework, counselling and ed that individual and group counselling psychotherapy programmes. was done in Singapore and prisoners requir­ ing psychotherapy treatment were referred to a psychiatric hospital where special services are available. Session 13: Extramural Treatment

10. Thailaild Chainnan: Mr. Rudy Tjitrosomo The participant from Thailand stated Rapporteur: Mr. Jeoffrey Gunasekera that they have individual counselling and Advisor: Mr. Hachitaro Ikeda group counselling. In the case of a prisoner who is found to be abnormal, he will be removed to a correctional hospital or Introduction men tal institution. Originally prisons were used as in­ 11. Japan stitutions for punishment. However, in One of the participants from Japan many countries this objective has now stated that properly trained sub-profes­ altered to correction and rehabilitation. sionals under the careful supervision of To achieve this, many gradual and mean­ the professional specialist, can, as a group ingful changes have taken place within leader and an individual counsellor, assist the prisom where treatment programmes

190 SESSION 13 of various kinds have been introduced, eligible when they have less than 12 months tested and successfully implemented. to serve. In such cases they will have to Most of the participating countries make an application to the court which have accepted the need for extramural will decide on each application. The treatment for inmates, and even though criteria for release is (a) good behaviour, available facilities vary from one country (b) availability of accommodation, (c) to another, a large number of countries availability of work, (d) ability to work. represented have a variety of extramural Prisoners released on extramural treatment treatment programmes, including such will be supervised by an officer appointed facilities as open camps or centres, fur­ by the Commissioner of Prisons. Release lough or home leave, special or compas­ under supervision in Fiji reduces the over­ sionate leave, release under licence, work crowding problem and also provides an release, study release and aftercare. In incentive to prisoners. addition there are a number of voluntary organizations a.ttending to the various 4. Hong Kong needs and requirements of the inmates as The system of extramural treatment well as their family members. in Hong Kong is as follows: Home leave may be up to five days for any prisoners Current Situation who has been sentenced to not less than of Extramural Treatment four years' imprisonment and is within six months of his earliest date of discharge. 1. Bangladesh Leave of absence not exceeding 24 hours Prisoners in Bangladesh are granted or 48 hours in granted for inmates of a remission but there are no open prison detention or training centre respectively. camps, or probation schemes. Short leave Leave of absence not exceeding 72 hours is granted to inmates in exceptional cases. may be granted to inmates in a drug ad­ Good conduct and behaviour enables diction treatment centre. Never Again prisoners to earn remission. Prisoners who Associations which are self-help groups are of good conduct and work and having involving both inmates and family members less than six months of a sentence un­ play an important role in promoting better expired can work without supervision on family relationships and restoring the con­ the prison farms, which are mostly located fidence of the inmate. Pre-release courses outside the prison comp'ound. Juveniles are given to assist prisoners to prepare for can be released on probation, leave of reintegration into society after discharge. absence, compassionate leave, controlled Such courses have proved beneficial spe­ work release and on study leave schemes. cially to those who have served a long There are semi-open institutions where sentence of imprisonment. inmates may obtain permission to go out Voluntary agencies such as the Dis­ of the institution. charged Prisoners' Society work closely with the Department in providing accom­ 2. Chile modation and other forms of assistance Prisoners in Chile are employed in after release. Experience has shown that prison workshops. They may be granted institutional treatment, no matter how permission to visit sick relatives. The effective, must be supplemented by sup­ correctional programmes in Chile include portive programmes by the community. extramural treatment. Community based programmes therefore are an essential part of rehabilitative treat­ 3. Fiji ment. A work release scheme is due to Prisoners in Fiji arc eligible for extra­ commence in the near future after the mural treatment if their sentence is below completion of a pre-release centre which 12 months. Prisoners who have long is now being built and the introduction of sentences (above 12 months) will become new legislation. Under this scheme suitable

191 REPORT OF THE COURSE prisoners serving a sentence of two years Open prisons are mainly for short termers. or more and who are within the last six Prisoners may be allowed to visit their months of their sentence will be given an homes under escort in case of the death of opportunity to take up ordinary employ­ a family member. Inmates are also granted ment in the community during the day seven days' leave of absence providing they returning to the centre at night. meet the following criteria: 1) serving a sentence of less than four years with not 5. India more than four months to serve, 2) with The types of extramural treatment the approval of the Director General of available in India are: 1) furlough, 2) pro­ Prisons providing his work, conduct and bation, 3) open prisons, 4) emergency progress merit such privilege. leave. A prisoner convicted for a period of more than one year but less than five years Z Iraq may be released on furlough after serving In Iraq a furlough or home leave system one year in prison. Tllis is granted to pris­ is in use. A prisoner who is released on oners with good behaviour. The period is home leave must serve one third of his for two weeks at any given time and is sentence in prison prior to his being gran ted once a year. The Inspector General considered for home leave. The term of of Police grants all such leaves and this imprisonment should not be less than one period is also counted towards their sen­ year and he or she must be of good be­ tence. Probation in India is the suspension haviour, and the crime convicted must of a sentence by courts on a conditional not be a serious one. Physical and mental release dependent on good behaviour. This health, possibilities of social adjustment are form of treatment is administered by all taken into consideration. The punish­ probation officers on a case work basis. ment for violation of the regulations in­ Probation is extended to an offender ir­ cludes exclusion from the work release respective of his age or past criminal programme. The requirements include: to record, except that the offence committed return within the stipulated time, be on should not be one punishable by the route, prohibited from drinking intoxi­ penalty of death or life imprisonment. cants, and association with bad company. Emergency leave or parole as it is know in There are no open institu tions in Iraq. India is granted in cases of serious illness, Juveniles are permitted to continue studies death, marriage, etc. of any close relative in outside institutions during the day, or for any other valid reason. The period returning to the prison in the evening. on parole will not count as part of their sentence. There are 33 open prisons, the 8. Peru first one of which was opened in 1949. In Peru, the Discharged Prisoners' As­ Agriculture, farming, sheep rearing, etc. are sociation assists discharged prisoners. In carried out at open prisons. These institu­ open prisons inmates may go out to work tions have proved quite successful and and return at night and they are not under inmates after discharge have generally any supervision. Prisoners in grades 2 and settled down as peaceful and law-abiding 3 are permitted to go on home leave in citizens. There are no work release pro­ the case of death or sickness of a family grammes in India. member.

6. Indonesia 9. Pakistan Prisoners in I1JJonesia are required to be In Pakistan, apart from parole and pro­ within the wails of maximum and medium bation the following facilities are available security prisons. However, prisoners from as extramural treatment to prisoners. Ap­ minimum security institutions may leave proximately 2,000 prisoners go out daily the institutiop without escort for a legiti­ for work and return to the institutions in mate purpose such as religious observations. the evening under semi-security conditions.

192 SESSION 13

There include prisoners with good conduct unsupervised visits are allowed. Short some of whom have been sentenced to sentenced prisoners are employed in 10 life imprisonment. There are three open work camps where agriculture, animal prisons where prisoners are mostly employ­ husbandry, pineapple cultivation are done ed on agriculture. Visits are unsupervised on a large scale. There is a work camp for and this has proved to be a successful recidivists and they are employed on agri­ system in Pakistan. They may also be culture, cattle rearing and the cultivation granted a short period of leave in case of of fruit. Inmates who are selected for the the death of a close relative. open prison camp are first offenders and must have six months of their sentence to 10. The Philippines serve. They are located in a camp without Young offenders are released on com­ any resident supervisory staff. They are passionate leave if any member of his provided with food and an officer visits family is seriously ill or in the case of the camp once a week or when ever neces­ death. Up to 15 days leave is granted by sary. A portion of the profits of this a court on the recommendation of the camp is distributed among the inmates Head Social Worker for good behaviour. which is handed to them at the time of Offenders over 18 years of age may avail discharge. Prisoners in security institutions themselves of the work release programme as well as in open camps may be given under the supervision of a social worker. home leave for up to 14 days to visit his Suitable young offenders are permitted to family, all travelling and other expenses are continue studies in ou tside institutions. paid for them. They may also receive a portion of their wages prior to going on 11. Singapore home leave. Inmates released on licence Even though there are no open prisons are supervised by prison welfare officers. in the real sense in Singapore, there are The Prisoners' Welfare Association renders four semi-open insitutions within the treat­ much assistance to discharged prisoners. ment programme. Reformative trainees, There is also a discharged prisoners' co­ correction trainees as well as preventive operative (construction) society which trainees are required by law to undergo a employs a number of them. The staff period of post-release supervision under training centre located in Colombo was probatilln and aftercare officers. Home constructed by this society under the su­ leave and compassionate leave is granted pervbion and assistance of a prison officer. to prisoners according to merit and cir­ Home leave and parole facilities as well cumstances. Inmates from drug treatment as the opportunity to gain experience in centres may be allowed on day release for various trades are also available. selected work in a factory, a firm or other place of work under normal conditions, 13. Thailand however he must return at night to the day Inmates of good conduct are transferred release centre. Such inmates are eligible for to open establishments after serving a part home leave on public holidays. of their sentence. In order to encourage transfer to such institutions many privileges 12. Sri Lanka are granted and more freedom is given to The variety of extramural treatment prisoners in these institutions. There are available to inamtes in Sri Lanka is as five open institutions and 15 semi-open follows. There are three open prison camps institutions in Thailand. for 11rst offenders as well as inmates im­ prisoned for a second or third time. These 14. Japan institutions are mainly for long sentenced Even though open prisons in the truest prisoners where agriculture. pig farming, sense are not available in Japan, there are poultry, cattle and goat rearing and orchid many open treatment institutions. Traffic growing are carried out. Any number of offenders are on the increase and they are

193 REPORT OF THE C0URSE better treated in open institutions. Their Current Practice of Parole rooms remain unlocked at night and only a minimum flUmber of guards are employ­ Many participating countries do not ed for security duties. There is one institu­ have a system of parole. However, in some tion of the same type for juveniles and of these countries, there exist a system young offenders and in all the institutions of release under supervision for certain some 940 inmates are housed. Most of categories of prisoners therefore the dis­ them in these institutions work outside cussion also included conditional release, the institution on farms in open conditions release on compulsory supervision, release with minimal security, some are employed on licence, and compulsory aftercare. A in dock yards and in other workshops prisoner has to meet certain criteria before outside of the institution. Of the total he is considered for release under super­ prison population 1.3% are employed in VlSlOn. Such conditions include good such type of work. conduct and industry, a positive response to prison treatment, etc. are generally Conclusion applied in all participating countries which have provision for the release of prisoners In the countries represented, extramural under supervision. If the supervisee/parolee treatment involving different programmes violates any of the conditions while under exists. Some countries have well financed supervision, he is subject to recall to the and organized centres, while in other institution, in which he was serving his countries, a determined effort is being sentence immediately prior to release to made to manage with the resources avail­ serve the balance of his sentence. able and it would appear right to assume In Bangladesh, Nepal, and Papua New that outlook for future development of Guinea, there is no provision for the release such programmes is bright. of prisoners under parole/supervision. In Chile and Peru, all convicted pris­ oners are eligible for conditional release. A convicted prisoner who has served half of Session 14: Parole, Aftercare his sentence may be considered for condi­ tional release if he satisfies the following Chairman: Mr. Mitsunt Itaya requirements: Rapporteur: Mr. Chew Sin Poon 1) he is able to secure a job after his Advisor: Mr. YoshioNoda release; 2) he has a family; and 3) he is able to read and write. Introduction After release, the prisoner is required to report to a prison official weekly. Generally, penal institutions are regard­ In Fiji, the Minister may at any time ed as places where convicted offenders direct the release of any convicted prisoner have the opportunity to learn the attitudes on compulsory supervision for such period and skills needed for a successful commu­ as the Minister may think fit. The Com­ nity reintegration upon release. However, missioner is empowered to subject any the effectiveness of rehabilitation cannot prisoner who is serving imprisonment for depend solely upon the activities that are 3 years or more, to a 1 year compulsory conducted within the prison. Post-release supervision if he considers it necessary or tactors may create conditions adverse to desirable to do so. Prisoners who are the programme, hence the importance of undergoing imprisonment for 3 years or Parole and Aftercare. The discussion was more and have been sentenced to impris­ divided into three sections: 1. Parole; 2. onment on not less than two previous Remission; and 3. Aftercare services for ex­ occassions, are required to undergo 1 year prisoners. compulsory supervision.

194 SESSION 14

Supervision is conducted either by a period is 12 months. They are subject to police officer, the welfare officer, or an recall, the period to serve is the period of appointed government official depending remission previously granted. on the place of residence of the supervisee. As soon as an inmate is admitted, two If the supervisee fails to comply with any aftercare officers working as a team from condition of the order, he is guilty of an the area in which he lives will be assigned offence and liable to imprisonment for a to his case, right through from induc tion to maximum period of 3 months. If he is the expiry of the supervision order. They released on a Minister's Order, he is also will follow his case and during the period required to serve the unexpired portion in custody will commence to build up a of his term of sentence after making allow­ bond of confidence and friendship with ance for remission earned. the inmate and his family. In Hong Kong, there is no proviSion for In India, all prisoners except those who parole or release on licence for adult are convicted for rape, forgery, robbery, prisoners. However, young offenders of the terrorism, corruption and black-marketing following categories are subject to statutory are liable for parole according to the fol­ supervision: lowing standard scale: (1) Training Centre inmates undergo a 1) non-habitual woman offender: after treatment programme of 6 months to 3 serving half of the sentence, includ­ years. The supervision period is 3 years and ing remission. subject to recall, which can be multiple. 2) non-habitual adolescent offender: The recall period is the remaining portion after serving half of the sentence, of 3 years from the date of sentence or including remission. 6 months, whichever is the longer. 3) habitual adult offender: after serving (2) Drug addiction Treatment Centre in­ two-thirds of the sentence, including mates undergoing a treatment programme remission. of 4 to n months. The supervision period 4) life convicts: after serving two-thirds is 1 year and subject to recall. The recall of the sentence, including remission. period is the remaining portion of 12 The convict or his family can file an ap­ months from the date of sentence for treat­ plication for parole to the head of the ment or 4 months, whichever is the longer. institution. Upon receiving an application, There is no multiple recall for this category the opinion of the superintendent of police of offender. is obtained. A prisoner may be released on (3) Young adults in a Detention Centre parole for such period as the Government undergoing a treatment programme of 3 may order. During this period, he is under months to 12 months. Inmates under su­ the supervision of a probation officer. pervision are subject to multiple recall. The In Indonesia, a convicted prisoner can recall period is the remaining portion of be released on parole if he has served at 12 months from the date of sentence or least two-thirds of his sentence, but not 3 months, whichever is the longer. less than 9 months. A prisoner who is (4) Young offenders in Detention Cen­ released on parole is required to undergo tres undergoing a treatment programme of supervision administered by a probation 1 to 6 months. The supervision period is officer for a period of 12 months in 12 months. The inmates under supervision addition to the unexpired portion of his are subject to mUltiple recalL The recall sentence. lf the parolee fails to comply period is the remaining portion of 6 with the release requirements, he will be months from the date of sentence or reimprisoned. In addition, he will be dealt 3 months, whichever is the longer. with by the court. Three months before (5) Young prisoners with a sentence of the prisoner is released on parole, after­ 3 months or more (those sentenced before care a'rangement will be made by the 21 st birthday and released before 25th authorities. birthday are eligible). The supervision In Iraq, parole may be granted to all

195 REPORT OF THE COURSE convicted prisoners (except dangerous of­ may be committed to a welfare institution fenders, recidivists, and rapists), who have for a period of not less than 3 and not completed 75% of their term of impris­ mroe than 5 years. The juvenile offender onment and have shown good conduct can be considered for release on parole throughout the period. Application for by the Parole Board after he has stayed 12 parole can be initiated by the prisoners. If months and has made sufficient progress the parolee commits an offence and is in his training. Young adult offenders sentenced to more than 30 days impris­ between 16 to 21 committed to a Reform­ onment, he will be recalled to serve the ative Training Centre for training will be unexpired portion of his original sentence. detained in the centre for a minimum In the Republic of Korea, there is period of 18 months up to a maximum provision for granting parole to convicted of 36 months. Discharge is followed by prisoners who have served one-third of statutory supervision for 48 months from their sentence. In practice, a first offender the date of his admission to the centre. serves about 60% of his sentence. For The Advisory Committee to the Reforma­ second and third timers, they have to tive Training Centre comprising of the complete about 80% and 90% of the prison Visiting Justices, considers the release of term respectively. Upon release, a parolee trainees. If a trainee breaches any of the has to report immediately to the police conditions of his licence, the committee station nearest to his home. Subsequent may recall him to the centre for a period contacts are made at least once in 6 of 6 months. months. The following categories of convicted In Pakistan, prisoners who have not prisoners are eligible for release on licence: committed heinous crimes, are selected for 1) corrective trainees: young habitual parole when they have served one-third of offenders (above 18 years of age) their sentence. Those eligible are inter­ who are sentenced to undergo viewed jointly by the Superintendent of corrective training for 3 to 7 years. the Prison and an officer of the Parole 2) preventive detainees: older habitual Department and no formal application for offenders (above 30 years of age) parole is necessary. The process of con­ who are sentenced to preventive sideration for parole includes obtaining the detention for 5 to 14 years. opinion of the District Magistrate and local Corrective trainees and preventive detainees police of the area in which the parolee can be considered for release under stat­ resides. utory supervision after they have served In the Philippines, all convicted pris­ two-thirds of their sentence. oners who have served 80% of their A drug abuser may be detained in a sentences are eligible for parole. The parole Drug Rehabilitation Centre for a period board will decide the period of parole after of 6 months to 3 years, subject to six taking into consideration the gravity of the monthly reviews by a Review Committee. offence committed. Upon release, the Upon release, he is subject to '2 years com­ parolee is required to report to the pro­ pulsory aftercare supervision administered bation office, a treatment plan will be by the Central Narcotics Bureau and the formulated and a volunteer probation Singapore Anti-Narcotics Association. officer will be assigned to supervise the In Sri Lanka, long-term prisoners who parolee. are first offenders and second or third In Singapore, pre-release preparation timers are liable for release on licence after and statutory supervision for juvenile and serving two-thirds of their sentence. aduit offenders released from welfare Habitual offenders with a good record may institutions/prisons is administered by the also be considered for release on licence. Rehabilitative Services Branch, Ministry of The supervision period ranges from 2 to Social Affairs. 3 years. The supervision is done by a wel­ Juvenile offenders, between 7 to 16, fare officer who visits the supervisee once

196 SESSION 14 a month. The supervisee is also inter­ Iraq, Papua New Guinea, the Philippines viewed by the welfare officer in the prison and Japan. monthly. In Bangladesh, a convicted prisoner In Thailand, the terms under which a undergoing imprisonment for more than 3 prisoner may be granted parole are as months is granted remission if he fulfils follows: the following conditions: 1) A prisoner of the excellent class who 1) is of good conduct. has completed 2/3 of the term of 2) has voluntarily taken part in prevent­ imprisonmen t. ing any incident or commission of 2) A prisoner of the very good class a prison offence; an act to prevent who has completed 3/4 of the term escape of another prisoner; or other of imprisonment. good work of a similar nature. 3) A prisoner of the good class who has 3) has been involved in a conservancy completed 4/5 of the term of im­ job or job of a special nature. prisonment. There are various types of remission: Other pre-requisite requirements in­ 1) ordinary remission: 5 days remission clude: per month granted by the Super­ 1) he has a family; and intendent of the Prison. 2) it has been certified bya local official 2) annual good conduct remission: 30 that he would not disturb the peace days remission per year granted by of his community. the Deputy Inspector General of The parolee is placed under the supervision Prison. of a parole officer. 3) 60 days remission granted by the In Japan, all convicted prisoners are Inspector General of Prison annually eligible for release on parole if they fulfil for good conduct. the following requirements: 4) unlimited period granted by the 1) served no less than one-third of a Government on the occasion of a determinate sentence, or 10 years special national celebration. of a life sentence; However, the total period of remiSSIOn 2) proves repentant and makes good can not exceed one-fourth of the total progress; sentence. 3) there is no likelihood of recidivism In Fiji, every convicted prisoner under during the period of parole; and sentence of imprisonment for more than 4) society will accept his parole. one month is eligible for remission of one­ The majority of the parolees serve 70%- third of the total sentence of his imprison­ 89% of their prison term before they are ment. However, the remission earned shall released on parole. Parole casework is car­ not reduce the period of imprisonment to ried out through the collaboration between less than one month. On the recommenda­ professional and volunteer probation of­ tion of the Commissioner, the Minister ficers. may grant further remission to any pris­ oner on special grounds such as exceptional Remission (Good Time Credit) merit and health grounds. In Hong Kong, prisoners serving a fixed In most of the participating countries, term of imprisonment of not less than one convicted prisoners serving a term of month are eligible for remission of one­ imprisonment are entitled to a deduction third of their sentence. Persons of the of a fixed term from their sentence begin­ following categories are not eligible for ning from the day of sentence. Remission remission: earned can be forfeited as a punishment 1) persons detained under the Vagrancy for idleness or bad conduct. Ordinance, No remission or good time credits are 2) prisoners serving a life sentence, awarded to convicted prisoners in Chile, 3) debtors,

197 REPORT OF THE COURSE

4) prisoners detained under the Mental or Governor (Malaysia)/President Health Ordinance. (Singapore) pleasure In India, all convicted prisoners are In Nepal, special remission is granted to granted remission except for the following the following categories of prisoners twice categories of prisoners: a year on the occasion of His Majesty the 1) those undergoing imprisonment for King's and Her Majesty the Queen's birth­ less than 3 months, day: 2) those sentenced for default of pay­ 1) ill prisoners who are not expected to ment of fine, be cured inside the prison, 3) those punished for prison offences. 2) old prisoners who are 70 and above There are three types of remission: and have served more than half of 1) ordinary remission awarded by the their sentence, Superintendent, which includes: 3) others, such as monitors and sub -3 days per month for good be­ monitors who have good institutional haviour, conduct and have completed more -2 days per month for doing con­ than 75% of their sentence. servancy job, In Pakistan, all convicted prisoners -15 days per year for good conduct. sentenced to more than 3 months im­ 2) special remission of not more than prisonment are awarded remission quarter­ 60 days may be given by the Chief of ly ranging from 12 to 21 days depending the Prisons Department for extra­ upon the nature of work. The Superintend­ ordinary services rendered by a ent of a prison and the Inspector General prisoner. of Prisons may award 30 days and 60 days 3) special remission may be granted by special remission respectively to a prisoner the State Government on National every year, continuous good conduct by Days and days of rejoicing. a prisoner for one year also makes him In Indonesia, convicted prisoners serving eligible for an additional 15 days each year. imprisonment for more than 6 months are Special remission is also awarded to con­ given remission according to a standard victs for passing various academic examina­ scale: tions at the national level and for other 1) 1st-3rd year-3 months remission outstanding achievements. On national 2) 4th-6th year-6 months remission days and religious festivals, the government 3) 7th year and above-9 months remis­ also grant special remission. The total sion remission (exr.>pt amnesty granted by the 4) for the "tamping" or foreman, they state) should not exceed one-third of the are given extra remission which is total length of sentence of a prisoner. equivalent to one-third of the remis­ In Peru, [('mission is granted to all sion given to other prisoners. convicted prisoners who have served 75% There is no remission system in the ('If their sentence except those who have Republic of Korea. However, special committed crimes involving drugs or remission may be granted by the Presiden t terrorism. on special occasions to first offenders who In Sri Lanka, all convicted prisoners are have committed minor offences and have liable to receive normal remission. Inmates served more than 50% of their prison term. in open prison camps are entitled to In Malaysia and Singapore, a convicted receive normal remission and in addition, prisoner sentenced to a term of imprison­ special camp remission, in which they are ment exceeding one month is granted given one month's special remission for remission of one-third of his sentence. every year of sentence. However, the following categories of All convicted prisoners in Thailand are prisl)ners are not liable for remission: eligible for remission according to a stand­ 1) Prisoners serving a life sentence ard scale: 2) Prisoners sentenced under Ruler 1) excellent class prisoner - 5 days a

198 SESSION 14

month the community. One of the functions of 2) very good class prisoner-4 days a the District Probation Committee is to month provIde services to ex-prisoners for a period 3) good class prisoner-3 days a month of one year. Some of the services given are: employment, legal advice, cash assistance, Aftercare Services for Ex-Prisoners etc. Voluntary organizations involved in aftercare services for ex-prisoners are the In Bangladesh, ex-prisoners may seek Discharged Prisoners' Aid Society and the help from the Discharged Prisoners Welfare Child Guidance Clinic. Society or the Employment Exchange for In Indonesia, material aids and assist­ Employment assistance as in the case of ance are provided by the Department of normal citizens. Social Affairs and some other social In Fiji, on admission, a prisoner is seen organizations. by the Welfare Officer who investigates the In Iraq, the Social Work Department is problems of the prisoner and his family responsible for giving aftercare assistance and, where necessary, arranges for govern­ to ex-prisoners according to their needs. ment and private assistance. Employment In the Republic of Korea, the probation and assistance on release is to a large ex­ office is responsible for the pre-release pre­ tent arranged by the Prison Discharge paration for prisoners. Ex-prisoners can Board and the Prison Welfare Office. How­ stay in a governmental hostel for a period ever, some assistance in this regard is given of six months. The director of the proba­ by the Prisoners' Aftercare Society, mem­ tion office, at his discretion, may extend bers of the Visiting Committee, individual the period for another three months. Dis­ citizens and certain voluntary groups such charged prisoners can approach the govern­ as the Salvation Army, and other Church ment, private organizations or religious organizations. bodies for assistance. In Hong Kong, pre-release briefing is In Malaysia, there is a Discharge Board arranged for the prisoner two months in every prison. The board within three prior to his discharge. The briefing includes months of a prisoner's due date of release information on various community re­ will decide the form of assistance to be sources including government welfare ser­ granted to him or her. The Welfare Depart­ vices. The Discharged Prisoners' Aid ment will also help needy prisoners, either Society, a voluntary agency, provides a while serving the sentence or after release. wide range of services and assistance for In Nepal, the government provides cash discharged prisoners. Such services include loans to skilled ex-prisoners who want to employment placement and guidance, set up their own business. group social therapy centres, recreational In Pakistan, there are Prisoners Aid facilities and hostel accommodation. Social Societies in all the districts centrally workers from the society make regular organized at provincial levels. The societies visits to the prisons. The Never Again are required to maintain a liaison between Association involves both the inmates and prisoners and their families and provide their family members in its activities and jobs for released prisoners. All members plays an important role in promoting are also required to pay frequent visits to family relationship and restoring the con­ prisons. fidence of the inmates. Inmates with an In Papua New Guinea, aftercare services accommodation problem are housed in the are catered for by church agencies and New Life House for a specific period. charitable organizations on an ad-hoc basis. Social Welfare Department's services are In Peru, the Guardianship, a Govern­ available to prisoners upon request. mental body, and some social organizations In India, prisoners due for release render services to ex-prisoners and their undergo a pre-release programme to pre­ families. pare them for eventual reintegration into In the Philippines, discharged prisoners

199 REPORT OF THE COURSE can approach the government or some Governmental aftercare services are pro­ social organizations for assistance such as vided by the probation office. Services financial aid, employment, counselling, provided include, (1) providing money for religious advice, etc. food, (2) providing clothing, (3) arranging In Singapore, convicted prisoners serv­ for urgent medical care, (4) providing ing sentence of one year or more are under travel expenses, (5) furnishing certificates the care of the Prison Welfare Officer upon for half-fare train travel, and (6) providing admission. The one-year follow-up after lodgings through referral to rehabilitation discharge is undertaken on a non-statutory aid hostel. During incarceration, prisoners basis. The Singapore Aftercare Association, are visited and counselled by the volunteer a voluntary organization, supplements the probation officers. work of the Prison Welfare Service in providing service and assistance to dis­ Conclusion charged prisoners who are not covered by the existing laws and system of parole and A person who has spent a period of time aftercare. The association provides hostel in prison requires some form of guidance accommodation, employment, cash grants, during the initial period of re-entry to the and loans to cover immediate needs of community. It will be a waste if what has discharged prisoners and their families. been done in the prison is left to wither In Sri Lanka, pre-release preparation for the lack of positive supervision and are looked into by the authorities. Travel­ assistance. Therefore, parole or reJease on ling expenses, clothing, letters of introduc­ supervision in advance of normal release tion, etc. are made available to prisoners is particularly desirable. upon discharge. Ex-prisoners can also Mr. T.G.P. Garner, Commissioner of apply for land through the government in Correctional Services, Hong Kong, and colonization schemes. The Prisoners' After­ visiting expert of the 61 st International care Association, Discharged Prisoners Training Course, pointed out that a period Co-operative Building Society, Mahila of post-release supervision is cruciaJ to a Female Society and the Crime Prevention discharged prisoner, especially a young Association provide various services to ex­ offender. prisoners as well as prisoners in custody. In order to assist in rehabilitation of a In Thailand, full-time welfare officers prisoner, the correctional services should are appointed in all institutions to perform have to follow-up after discharge till the the duties of helping released prisoners ex-prisoner is ready and able to manage on who are in need of assistance. Upon re­ his own. Post release supervision should be quest, released prisoners are given clothing undertaken on a statutory basis in order or travelling expenses. The Swasdee After­ to achieve this objective. From the de­ care Hostel provides discharged prisoners liberations, the following points were with various kinds of services. The hostel is noted: administered by the staff of the Depart­ (1) The period of post-release super­ ment but jointly funded by the Phiboon­ vision for parolees/supervisees in most of songkroh Foundation and the Social the countries represented are relatively Welfare Council of Thailand. short as the prisoners are required to serve In Japan, the Law for Aftercare of Dis­ a large portion of their term of imprison­ charged Offenders states that the respon­ ment. sibility for the provision of aftercare to (2) In some countries, supervision ex-prisoners should rest with the Govern­ casework given to parolees/supervisees is ment. The eligibility for aftercare is limited minimal and there is a lack of active to a maximum period of six months from involvement by the supervisors. the date of release. Offenders who are not (3) In most countries, prisoners are eligible for aftercare are subject to general able to undergo a pre-release programme to social welfare services. prepare them for release and aftercare

200 SESSION 15 arrangement such as employment, accom­ services: medical (both general and psy­ modation, etc. are looked into by the chiatric), psychological, religious, and authorities prior to their discharge from an moral training, education, sports, recrea­ institution. tion, welfare, industrial training, vocational (4) Some assistance or support is avail­ training, aftercare, non-institutional proba­ able to di&d13rged prisoners in most of the tion or parole except that: countries. Normally such services are (i) the medical services in Papua New provided by the authorities in addition to Guinea are provided by outside hospitals voluntary organizations. to the correctional service for the treat­ ment of sick prisoners; but do not meet the daily health requirements of the in­ stitution under the Standard Minimum Session 15: Correctional Personnel Rules; (li) the psychological and psychiatric Clzainlloman: Miss Gina Nony Portugal services provided by visiting consultants Hidalgo in countries such as Bangladesh, Chile, Fiji, Rapporteur: Mr. Fung Kwan-yuet Malaysia, Nepal and Papua New Guinea, Advisor: Mr. Toichi Fujiwara cover the treatment of pnsrlJ1ers and in­ mates with mental illness, but not for such purposes as classification, counselling, Introduction therapeutic treatment, etc.; (iii) religious services are not provided It goes without saying that correctional in Nepal; treatment programmes can be effectively (iv) aftercare services to keep offenders and fully implemented only with sufficient from relapsing into crime are not available and well-trained staff of the right calibre. in Chile, Nepal and Papua New Guinea; The matter of correctional personnel there­ (v) probation service as an alternative to fore is a primary concern for any correc­ imprisonment is not in use in a number of tional administration. countries; The discussion was conducted in two (vi) a public relations unit is essential parts: 1) the nature of correctional services to a correctional service in order to call and staffing; 2) the quality of the staff. the attention of the public to the fact It was emphasized by the rapporteur that correctional work is a social service that one could claim one's service to be of great importance. of a rehabilitative model comprising spe­ Within the correctional services of most cialist services which were essential for of the countries represented, there is a rehabilitative work including services such problem of a shortage of specialist staff. as, psychological, psychiatric, religious, The magnitude of this problem differs educational, sports, industrial, vocational from country to country. Such a lack of training, etc. However, after comparing the specialsit staff will hamper the implemen­ existing staffmg situation with the staffing tation of rehabilitative treatment pro­ requirements needed for a service to be grammes. It appears therefore that in most truly rehabilitative this claim might not be of the countries represented except for a justified. few, the treatment programmes which are essential for rehabilitation can not be fully Nature of Correctional Services implemented. In most countries, in addition to the In addition to the primary function of responsibility for supervising prisoners and custodial services, it was said that the inmates, custodial staff have the following correctional services in the countries repre­ responsibilities: (i) giving advice to pris­ sented in the 61st International Training oners in variolls matters; (ii) playing a Course had facilities for the following leading role in group work; and (iii) solving

201 ---~----~

REPORT OF THE COURSE problem for prisoners on the spot in order while in some other countries the monitor­ to reduce the risk of emotional outbursts ing systems, if any, are less active. and disturbances. It was reported by all the countries In the countries where specialist services represented that correctional personnel are exist there are meetings between the subject to punishment if found guilty of a specialists and custodial staff to plan and disr;iplinaryoffence. discuss the rehabilitation and management of individual prisoners. The frequencies 2. Recntitment Requirements of such meetings vary depending on the Rules 46-1, and 47-1, 3 call for a staffing situation. careful selection in recuitment and for a Staff may only resort to the use of programme of in-service training for staff. firearms when it is absolutely necessary. Recruitment therefore must be so or­ No firearms are carried by staff in direct ganized as to attract and retain persons of contact with prisoners. Very stringent rules the right calibre. In most countries, mini­ govern the use of firearms. mum recruitment conditions have been It can therefore be said that while all established. The academic qualifications the countries participating in the 61 st fO! the junior staff differ from country International Training Course aim at the to country, although it was said that rehabilitative model in their correctional nearly all countries were recruiting the services administration; and some countries subordinate staff at the junior and senior have already introduced and implemented high school levels, and for officers at the rehabilitative service:; according to the university levels. The minimum age re­ United Nations Standard Minimum Rules, quirement differs flOm country to country others are hampered by a shortage of staff. too, but ranges in general from 18 to 21 years of age. The standard of intelligence Personnel; Correctional Staff and capacity for receiving training (R-47) is also considered to be adequate by the Although a service may have sufficient representatives of the participating coun­ staff in number for the implementation of tries. Specialist staff are recruited at rehabilitative programmes and services, professional level. such staff need to have integrity and In general, training given to recruits maturity as well as the capacity for being involves both theoretical and practical trained in order to perform their duties training. satisfactorily. Some participating countries reportedly conduct in-service training at suitable 1. Integrity of Correctional Personnel intervals for correctional staff. These train­ In some countries, the duties and ing courses are provided through either responsibilities of correctional service per­ internal or external facilities, and involve sonnel at all levels are specified by Jaw, refresher courses, middle-management and particularly regarding the Us'e of minimum senior-management courses and social work (necessary) force in order to carry out their and aftercare courses. It was also stated by lawful duties, the avoidance of malpractice some participants that their countries have and the prevention of corruption. An been actively participating in international internal monitoring system know as the seminars and overseas trainings, the latter "inspectorate" has been set up in Hong particularl~1 at UNAFEI. Kong and Singapore, and an independent agency to fight against corruption has also 3. Status of Personnel been established in Fiji, Hong Kong, All participating countries reported that Malaysia and Singapore to' ensure the correctional personnel, particularly custo­ integrity and good performance of all gov­ dial staff were appointed on a full-time ,ernment personnel. In these countries, the basis; that they had civil service status and monitoring systems are extremely active that such service was pensionable.

202 SESSION 16

4. Female Prisoners agencies outside the institution as may Rules 53·1, 2, and 3 call for female promote the best interests of his family prisoners to be attended and supervised by and his own social rehabilitation". It female officers, and male officers such as further calls for "services and agencies, doctors, teachers, etc., entering institutions governmental or otherwise, which assist for women to be accompanied by female released prisoners to re·establish themselves officers. The representatives from partici· in society ... (and that they) ... be pro­ pating countries stated that these rules vided with appropriate documents and were fully implemented. identification papers, have suitable homes and work to go to, are suitably and ade­ Conclusion quately clothed having regard to the climate and season, and have sufficient While the efficiency of the correctional means to reach their destination and main­ services in rehabilitative work differs from tain themselves in the period immediately country to country to a significant extent, following their release. The approved the problems contributing to a lower representatives of such agencies sh:tll have standard of performance in some countries all necessary access to the insti tu tion and are: (i) a lack of an appropriate level of to prisoners and shall be taken into con­ staffing, particularly a lack of specialist sultation as to the future of a prisoner staff; and (ii) a lack of proper monitoring from the beginning of his sentence. It is system for government personnel. desirable that the activities of such agencies shall be centralized 01' co-ordinated as far as possible in order to secure the best use of their effects': Session 16: Cooperation, Public The topic of the session, "Cooperation, Participation; Research on Public Participation ..." stems from the the Effectiveness of Treatment italicized sentence above, whilst the latter component, " ... Research on the Effec­ Chainnan: Mr. Loh Siang Piow tiveness of Treatment" stems from the Rapporteur: Mr. Twain Pongi need to find new methodologies, strategies, Advisor: MI'. Yasuo Hagiwara techniques, etc., to improve on present systems or methods of services delivery. The discussions on the theme, "Social Re­ Introduction lations and Aftercare" centred around the three issues mentioned above That is: (A) The focus of the session was to highlight co-operation between the criminal justice the need for keeping an offender's family agencies; (B) public participation or non­ intact, maintaining community ties and governmental organizations' support and encouraging the offender to be responsible assistance in the rehabilitation of offend­ by supporting himself and his family ers; and (C) research on the effectiveness through a meaningful occupation. In this of treatment. connection, we referred to the United Nations Standard Minimum Rules 60, 61 Inter-Agency Co-operation and 64 which were dealt with in Sessions 13 and 14 and the Rules 79-81 which call It is agreed that if one is to ensure a for" ... the maintenance and improvement gradual return to normal life in the com­ of such relations between a prisoner and munity by a prisoner, all the criminal his family ... ; from the beginning of a justice agencies must work together instead prisoner's sentence consideration should be . of in isolation on an ad hoc basis. Govern­ given to his future after release and he shall mental agencies such as the court, police, be encouraged and assisted to maintain or prosecution, corrections, social welfare, establish such relations with persons or etc. have duties ..... of lending the re-

203 REPORT OF THE COURSE leased prisoner efficient aftercare directed agencies, the participants identified the towards the lessening of prejudice against following measures; him and towards his social rehabilitation" 1) Lectures/seminars to be arranged to (UN Standard Minimum Rules 64). explain each other's roles, powers In the above context, all countries and responsibilities; revealed that although the degree of co­ 2) Regular inter-agency meetings and operation and coordination varies from conferences held at various levels of situation to situation, in general there is government to sort out problems a reasonable relationship between all the impeding effective communications; criminal justice agencies in their respective 3) Visits by the judiciary and other countries. For instance, it was observed laymen (public prosecutors, medical that as a rule most things are done through officers, social workers, etc.) to ob­ official channels. However, sometimes one serve the realities of imprisonment has to get things done through personal and gain better knowledge to assist acquaintances. Furthermore it was asserted them in the performance of their that the degree of cooperation and coordi­ duties. It was felt that more frequent nation by some of the relevant agencies visits should be made to penal insti­ would vary from level to level. For ex­ tutions. ample, there could be a high degree of Other means of promoting understand­ cooperation at the highest level but at the ing amongst criminal justice agencies are: lower level, it could be the exact opposite, -creation of a liaison officer/public rela­ or vice versa. The degree of cooperation tions officer within departments like could also depend on the level of govern­ corrections and/or police services. A ments e.g. provincial/prefectural authorities case in point is a senior police officer could be working hand-in-hand to rein­ attached to the Correctional Service in tegrate prisoners in the society or perhaps Hong Kong. not at the national level. -in connection with public relations/ An important factor which came out liaison, it is necessary to publish regular­ through the discussions is that several of ly circular instructions or newsletters so these functions or bodies are housed with­ that there is a free flow of information in a single Department/Ministry (police at all levels. and Correctional services under the same -last but not least, it is proposed that authority in the following countries: Ban­ where appropriate, a "coordinating com­ gladesh, Fiji, India, Malaysia, Nepal and mittee/council" on criminal justice Singapore; corrections and probation are systems be established, similar to the housed in the same authority in the case Correctional Advisory Council of Japan. of India, Indonesia, the Republic of Korea and Papua New Guinea; Corrections, Public Participation Prosecution, Probation and Parole in the case of Japan). It was observed that in In delivering his lecture during this some countries (Hong Kong, Iraq, Singa­ course, Mr. T.G.P. Garner, Visiting Expert, pore, Japan, etc.) where they employ full­ had this to say on the issue of community time personnel like social workers and support and assistance; "to function effi­ medical officers, a problem of resettling cien tly a correctional service requires the prisoners is less serious than In the coun­ .>upport of the community. For it is from tries which do not have such full-time the community that a prisoner comes and specialists. However, it must 110t be over­ to the community he will return". Public looked by prison administrators that the or community participation then can form use of outside specialists does give a more a bridge between institutional treatment positive public image to the service. and free life in the community. To facilitate full cooperation and co­ The term "public participation" is taken ordination between the criminal justice here to mean non-governmental services

204 ------_._---

SESSION 16

and agencies which support and" ... assist prevention of crime and rehabilitation of released prisoners to establish themselves offenders. in the society ..." (UN Standard Minimum Rules 81 (1). The utilization of efforts of 2. Big Brothers and Sisters Association citizens to aid their fellow citizens would (BBS) be seen as a healthy sign by most of the The BBS Association is an association of participating countries, and in particular young people who take a personal interest the countries in which traditional extended in individual boys and girls who have been family ties have broken down because of brought before the juvenile court or the urbanization. It is believed that only a few probation office, or have shown tendencies of the countries in the region are still toward delinquency. preserving and thus practicing traditional community-based programmes as against 3. Rehabilitation Aid Hostel (RAH) the nearly developed community-based The RAJ-Is are licenced and supervised programmes which are being practiced by by the Minister of Justice. Currently about countries like Hong Kong, Malaysia, Singa­ 100 organizations run the hostels which pore and Japan. accommodate probationers and parolees In these countries, they have adopted, who are referred to them by the head of as one of the programmes, the concept of the probation-parole office as well as other "half-way houses" where such centres categories of ex-offenders discharged from provide: prisons, detention houses and other institu­ -a transition from an institutional life tions who voluntarily seek shelter and aid. to freedom; The services provided are somewhat -a home (including meals) to live in; welfare in nature, which include some or -help to find suitable employment, all of the followings: -if necessary, such centres provIdf' finan- a) temporary board and lodgings; cial support; b) monetary assistance for various needs; -such centres have an environment con­ c) job finding and placement; ducive to psychological and emotional d) voca tional training faciIi ties; support. e) hostel facilities for the homeless ex­ Japan has fine models of the sort of offenders; public support in the social rehabilitation f) welfare assistance and social guidance of offenders outlined above. The examples for prisoners, ex-prisoners and their of such voluntary organizations are: dependents; g) casework and counselling services; 1. Women's Associatioll for Rehabilitation h) medical services; and Aid (WARAJ i) acting as a referral agency by other There are about 1,100 WARAs with a social agencies in relation to prob­ membership of more than 200,000 women lems confronted by ex-offenders. who in their roles as housewives and At this juncture, it is worthwhile men­ mothers are concerned about the preven­ tioning the other Asian countries which are tion of crime and the rehabilitation of known to have formed similar voluntary offenders. These women, among whom agencies for the welfare of discharged the VPOs play a leading role, have been offenders: engaged in various programmes such as 1) The Discharged Prisoners Aid Society fund raising needed for rehabilitation - Hong Kong services, cooperating as a group with VPOs, 2) The Discharged Prisoners' Aid So­ rehabilitation aid hostels (RAtl), correc­ ciety - Malaysia tional institu tions, and probation-parole 3) The Singapore Aftercare Association offices in giving aid to the offenders and - Singapore their families and in assisting with publie These organiza tions assist in the reso­ relations and other activities for the cialization of prisoners.

205 REPORT OF THE COURSE

Other voluntary activities which are contribution to work in which they are practised in some of the countries in the engaged in addition. One needs to test the region are: effectiveness of such methodology. -spititual guidance; it is accepted as a Countries that have research, planning principle in the including of good char­ and evaluation units within their establish­ acter and personality into a person. ments include Hong Kong, India, Indonesia, -charitable/services clubs and organiza­ Iraq, the Republic of Korea, Malaysia, the tions like Lions, Apex and Rotary, Red Philippines, Singapore, Thailand and Japan. Cross, etc. The countries which are not doing research The final issue which is related to public work relating to the criminal justice system participation is the role which the prisons state that this is due to manpower or themselves need to play so as to build a financial difficulties, or that such research better community spirit and public rela­ is being carried out by other organiza­ tions. tion(s). The participants highlighted a number of areas, including: Conclusion 1. Exhibitions of prison products. In this regard, perhaps a special month/week Both the governmental and voluntary be set aside annually for a e.g. "Police/ agencies must work together in the reso­ Corrections Day". cialization of offenders. Their work must 2. Sporting teams made up of adult always be seen as complementary to each prisoners to be allowed to play against other and not being in competition. Some­ outside teams. It was noted that the Girl times well-intended efforts are hampered Pipe Band and Marching Team of the Hong because of financial constraints, and espe­ Kong Correctional Services makes a posi­ cially those organizations which receive tive contribution in the area of publicity. their funds from Government. Voluntary 3. Students of colleges and universities organizations can do more in the field of should be allowed to visit prisons and "social services" if they have sufficient other correctional institu tions. funds and manpower. Unfortunately, more 4. Use of professional volunteers like often than not, when there is a budget cut teachers, psychologists, social workers and in government spending, the cut always social agencies like the Parents and Teach­ hampers correctional and social services. ers Association in the case of juveniles­ Sometimes it helps, particularly when such volunteers could be used to bring an faced with economic recession if provision outside influence into the institution and for public participations is provided in thus improve a juvenile institutional en­ the legislation. Again countries like Hong vironment. Kong and Japan have taken the lead on 5. The role of the mass media to help such issues as research projects, public educate the community on the role of information activities, pre-release assistance prisons and other correctional institutions. programmes, etc. By researching and eval­ It was noted that more often than not, uating, one is able to know the direction prisons receive adverse press coverage and the necessary measures to take, and rather than reporting on actual situations. to avoid a situation of the "blind leading It was stressed that what is reported by the the blind". mass media should be professional and well balanced.

Research

Staff in any profeSSion must do research and evaluation of their methodologies, strategies, etc. if they are to make a useful

206 SESSION 17 & 18

Session 17 & 18: Standard Minimum Rules Current Status of Implementation for the Treatment of of the Rules in Asia and Prisoners: Its Implication the Pacific Region for Asia and the Pacific, and Proposal for Its 1. Accommodation Modifications from Asia It was unanimously agreed by all the and the Pacific participants present that suitable and adequate accommodation for inmates is Chairinan: Mr. Mian Shallkat the starting point for any successful cor­ Mehmood rectional programme. Rapporteur: Mr. Ish Kumar Bhagat Bangladesh, Chile, India, Malaysia, Advisor: Ur. Masaharll Hino Pakistan, Peru, Sri Lanka and some other countries are facing the problem of over­ croWding. With the exception of a few Introduction countries, the majority of them have no plans for new buildings. Owing to current Special emphasis was placed on this budget restrictions and the high price of session as it is considered a special subject land, it is difficult to build new prisons or in order to sum up the main points of the add new buildings to existing institutions. 16 sessions of comparative study. In addi­ The resultant effects of overcrowding ham­ tion it was intended to consider ways and per complete implementation of Standard means of improving the effectiveness of the Minimum Rules and affect the number of Standard Minimum Rules. inmates in a cell, floor space per inmate, In wording of the Standard Minimum cubic content of air, ventilation and clean­ Rules, the word "minimum" was consid­ liness. ered to be the most important. Many Concerning Rule 9 regarding individual countries with varying socio-economic cells and dormitories, the participants conditions and cultural con trasts must have agreed that the allocation of two inmates minimum goals in the treatment of of­ to a cell may be determined according to fenders and organize efforts against crime. the nature of the institution and type of If we fail to reach the minimum, the inmates in Asia and the Pacific region who chances of losing the war against crime will may prefer dormitory-type accommoda­ be increased. A co-ordinated international tion and confinement in association. approach is necessary because we are living As reported by participants representing in a world which has made advances in the various countries, Rule lOis generally every field. Events in one country often implemented, except in countries where have an effect on others. Gangsters operate overcrowding is the main obstacle. Heating internationally, drugs are produced in one arrangements are not satisfactory in a country, smuggled and consumed in an­ number of countries. Moreover, this par­ other, etc. It is essential that problems now ticular rule does not cover cooling systems being faced by the participants from the in countries where conditions are extreme­ different countries be identified, discussed ly hot throughout the year. and improvements should be made in this Rules regarding natural and artificial field. In doing so, reliable information on light, and drinking water are implemented existing conditions in every participating in the region. country is necessary. Rule 10 with regard to health and Rule 12 concerning sanitary installations are not completely implemented in some develop­ ing countries where proper arrangements for flushing and sewerage do not exist, and the use of conventional latrines with surface drains pollute the air and threaten

207 REPORT OF THE COURSE health. officers. There was a consensus among all Rule 13 regarding showers and bathing the participants regarding continuous em­ is generally implemented in all the partici­ phasis on intensive training for correctional pating countries. personnel which will inlprove their pro­ The participants agreed that in order to fessional capabilities and enhance their reduce overcrowding, means should be promotion prospects. adopted which do not necessarily involve finance, such as better use of parole, non­ 3. Vocational Training custodial sentences, speedy trial, extension Vocational training programmes aim to of bail etc. It was also indicated by the assist in inlparting the knowledge and participants that in most of the countries skills which will assist an inmate in his their respective Governments do not assign rehabilitation. It provides him with an due importance and priority to correction­ opportunity to earn an honest living as a al institutions when allocating funds. member of the community engaged in the type of work for which he is best suited. 2. Correctional Personnel Following a study of the vocational train­ It was unanimously agreed that the ing programmes carried out in the 18 correctional services in the participating participating countries, it was noted that countries are working on the rehabilitative a number of the countries already have model. In most countries rehabilitative vocational training programmes. Vocation­ programmes comprise medical treatment, al training is non-profit-making and the nursing, phychological services, psychiatric trades taught include electric wiring, services, religious and moral training, welding, cooking, embroidery, plumbing, education, sports, recreations, welfare, tailoring, radio, T.V. and motor macha­ industrial and vocational training, after­ nism, agriculture, hair-cutting, laundry and care, parole, public relations, extramural carpentry, etc. These trades are similar to works and open prisons. A shortage of the trades pursued outside. On release, an specialist staff hampers the implementation inmate can obtain employment and lead of the above services. However, in most a self-supporting life. In some countries of the countries, custodial staff are in­ an imnate may choose his own trade. volved in counselling, problem solving Problems identified include inadequate and basic psychological analysis. Both workshops and tools, a lack of finances specialist and custodial staff meet at and inadequate technical staff. However, regular intervals to exchange views and it was encouraging to note that many of experiences dealing with individualized the countries represented have realized treatment for prisoners. Internal and that voca tional training is essential for the external monitoring systems are established rehabilitation and resocialization of of­ to guarantee the performance and integrity fenders but some also have a long way to of correctional personnel. Some of the go to overcome the various constraints countries have arrangements for pre-service preventing the implementation. and inservice training programmes to im­ It was noted that education also plays prove skills and the efficiency of the staff. an important role in the rehabilitation of The United Nations Standard Minimum a prisoner. However, it was realized that Rules 46 to 54 are adopted by most of education alone is insufficient to assist the participating countries, with a few most inmates to earn a living after release. exceptions where socio-economic condi­ It was also noted that prisoners with short tions do not permit. The efficacy of the sentences, many of whom have lost the correctional services differs, however, from habit of working, can not take advantage country to country depending on the of vocational training programmes. It is, staffing situation and the performance of therefore, necessary to instill good working the monitoring system for ensuring the habits amongst this group of prisoners by integrity and efficiency of correctional engaging them in useful work.

208 SESSION 17 & 18

4. Medical Services advanced training for medical of­ While most participants reported that in ficers and nursing staff to improve their respective countries the Standard their medical expertise. Minimum Rules pertaining to medical services were generally observed. It was 5. Social Case Work however noted that some countries do not Participants from the 18 countries have full-time doctors in all their institu­ represented agreed that social case work, tions, but instead maintain a community counselling and psychotherapy are part and link3ge with outside hospitals from where parcel of the correctional system offering the medical officers regularly visit penal rehabilitation and re-socialization to of­ institutions. fenders in the truest sense. It was agreed For major surgical treatment inmates that this is the most effective method to are generally transferred to hospitals in the transform inmates into law-abiding citizens. community. In Hong Kong, two geriatric In most countries represented, social units have been established to serve clini­ case work is performed by welfare officers, cally old prisoners, where a different probation officers, volunteer probation treatment programme is carried out based officers, aftercare officers, educational on age and health. officials and prison officials, and group In Hong Kong and Japan, classification counselling exists in most of the countries units playa vital role in the medical aspect represented. because prisoners needing medical care In countries where facilities for psy­ are discovered and separated for transfer chotherapy are not available, prisoners are to medical prisons or hospitals during referred to outside hospitals. Some coun­ classification. tries indicated a need to improve the stand­ Most of the countries reported that ard and recruitment of specialized staff. prisoners under separate confinement are regularly visited by medical officers. At Procedures for the Effective this juncture it was pointed out that the Implementation of the Rules visit by the medical officers to segregation (Reporting System, Dissemination units is all the more important as any of Infonnation, etc.) prisoner so confined could speak freely with the doctor about any problem. More­ All countries are required to report over, the medical officer will be in a progress on the implementation of the position to check on his state of mental Standard Minimum Rules to the United health. Nations once every five years, but there is Pre-natal and post-natal care for preg­ no mechanism which can force member nant women prisoners is an important as­ countries to report in detail. As such, it pect for all correctional services. Some was noted that among the countries re­ countries which do not have adequate presented, only a few had forwarded such facilities for pregnant women make refer­ information regularly. rals to outside hospitals. It was also revealed by many partici­ With regard to the problem of a short­ pants that the Standard Minimum Rules age of medical staff, improvements of were not knowrt to most of the personnel existing medical services should be required within the correctional services of their in some of the participating countries. respective countries. However, all agreed The following suggestions were proposed: in principle that efforts should be made to a) To award scholarships to medical ensure complete dissemination of the Rules students to encourage them to work among all staff. It was suggested that the in prisons, period of five years after which progress b) To improve the training of para­ is reported to the United Nations is too medical staff, long. However, it was noted that such a c) To secure government support for period coincides with the United Nations

209 REPORT OF THE COURSE

Congress which meets once every five Major Obstacles to Implementation years, and it takes about two years to of the Rules analyze the information received. Other factors to be taken into consideration are 1. Shortage of and Outdated the economic conditions in the various Accommodation and Other Facilities countries as well as a lack of interest on plus the Problem of Overcrowding the subject. With the exception of a few participat­ Mr. T.G.P. Garner, visiting expert, said ing countries, all the participants reported that maybe one of the reasons for poor that the majority of their institutions are reporting is the fact that replies are sent or overcrowded. This situation is further ag­ required to be sent to the United Nations gravated owing to the age of many of the main body. 1he reporting system could be prison buildings which were built either improved if the information is collected at before the World War II or in the last a regional level, i.e., in the case of Asia century. Lack of funds hampers renovation and the Pacific region by UNAFEI and in programmes which prevents new and the case of Latin America by ILANUD. modern programmes from being intro­ Such reports could then be consolidated duced. Owing to the high cost of land in and forwarded to the United Nations some of the participating countries new Secretariat. Tlus suggestion was fully prisons would be very expensive. In some supported by all the participants of the 18 cases prisons situated in urban areas were countries represented. sold to raise funds for new prisons which It was also stressed that the implementa­ were built in rural areas. However, this is tion of the Rules by some countries is not practical in all countries. There are difficult owing to geographical conditions new prisons being built in a number of and location of prisons in remote areas. countries but it will still not overcome the It was also stated that the Standard Mini­ overcrowding problem. mum Rules should form part of the cur­ Some participants from the countries riculum in training courses for prison staff. with cold climates indicated that there is Staff of good calibre could do much to no proper heating facilities in their prisons help in implementing the Rules. and as such the Standard Minimum Rules It was noted that in some of the coun­ pertaining to heating cannot be fully im­ tries represented, the Rules were properly plemented. disseminated whereas in others only partly. It was pointed out that in Hong Kong Some countries have translated the Rules the accommodation in hospitals and segre­ into their own language whereas others gation units is over and above the certified have not. accommodation of each institution. It was It was proposed that the Rules be further suggested that prison labour under translated into the language of all the the supervision of professionals be utilized countries represented and copies sent to to build new accommodation. This would UNAFEI. It was also suggested that copies not only alleviate the overcrowding prob­ of the training syllabus in use in the various lem but would also save revenue for the countries be sent to UNAFEI. Government. The matter of whether the Rules should It is a known fact that every service is be made available to prisoners was dis­ faced with problems, some more than cussed. It was agreed that the Rules are others. However, problems have to be in the main embodied in the legislation of recognized and solved and not to be left many countries which is made available to as being too difficult to tackle. the prisoners. 2. Shortage of Suitable and Qualified Personnel It was unanimously agreed that for a good correctional services to implement

210 REPORT OF THE COURSE

2. Concentration on Positive, Human are It was recommended that Rule 9 regard­ Scientific Aspects of the Treatment ing accommodation in individual cells Process should be relaxed according to the nature All participants agreed that a prisoner of the institution and the type of prisoners must be treated in a humanitarian way so accommodated, as the safeguards em­ as to help him avoid committing another bodied in this Rule may not be required offence. The emotionally disturbed and in all situations. abnormal prisoner requires special treat­ Some of the participating countries ment, and in this case the services of a are facing an overcrowding problem and clinical psychologist will prove most there are no immediate plans to build new helpful. It is recognized without doubt prisons owing to financial difficulties. that a humane and scientific approach can Respective Governments should pay more bring about desired changes in a lot of attention to obviate the problem of over­ inmates and so make them law-abiding crowding by allocating more funds for citizens. prison projects. In addition, speedy trials, extension of bail, better use of parole, 3. Public Relations, Public Participation etc. would also assist in obviating the and Utilization of Social Resources overcrowding problem to some extent. in the Treatment of Prisoners Similarly the heating arrangements are Visits to prisons by voluntary social also not satisfactory in some countries. organizations are important. If the com­ There is no provision for cooling systems munity does not know the real situation within the Standard Minimum Rules; in prisons, programmes and goals of the countries like Bangladesh, India, Pakistan rehabilitation effort will be hampered. and Sri Lanka have temperatures which Prisons should be open to public spirited exceed 44°C in summer months, therefore citizens who will contribute towards the it is difficult, if not impossible, to confine welfare of the prisoners. Moreover, prison­ prisoners indoors. The situation is aggra­ ers can be involved in community projects vated by overcrowding. It is necessary for thus promoting good relations with the some provision to be made for a cooling public. Such projects are currently under­ system within the Standard Minimum taken in some participating countries and Rules. It is also interesting to note that the have been found very effective. penal popUlation on the Indian Sub­ In Hong Kong a public relations unit Continent alone exceeds two hundred has been set up which co-operates with thousand. the mass media in promoting good re­ A shortage of trained medical staff lationships. Similarly Bangladesh, India, also hampers programmes in the countries Malaysia, Pakistan, Singapore and some represented from Asia and the Pacific other countries have formed voluntary region. Difficulties are being experienced agencies to assist with the welfare of the in employing medical officers owing to prisoners and the prisons. poor service conditions and lack of fringe In Japan, volunteer prison visitors and benefits. In some countries the lack of Women's Association for Rehabilitation funds allocated to correctional service Aid, etc. are contributing much by estab­ hampers advancement of medical facilities. lishing good relationship between the More effort is needed to improve the prisoners and the community. medical services. Similarly a lack of pro­ fessional staff also hampers implementa­ Conclusion tion of programmes. All the participants agreed that every In concluding the session it was evident service has problems, some small some big. that most of the Standard Minimum Rules However, the problems of the different are either fully or partially implemented countries must be recognized, discussed by all countries represented. and tackled and not left as they are.

212 SESSION 17 & 18 modern programmes and the Standard Clubs, etc. to attract right calibre of person Minimum Rules, it is essential to have good to the service. It was noted that in Japan a professional staff at all levels. It is also university is running a course on correc­ important that each prisoner should be tions. Such kind of courses may be intro­ able to serve his sentence without fear of duced in other countries. Prisons should other prisoners. It is therefore necessary to be open to community leaders who in have the correct number of staff necessary turn can speak about prison work. It is to supervise and to man essential posts. A important that corrections should not shortage of qualified staff is felt in almost be silent. all the participating countries. The main problem is a lack of funds provided to the Measures and Ways to correctional services. In some countries Overcome Obstacles prisons are not included in national devel­ opment plans. 1. Collaboration and Co-operation with It was agreed that correctional service the Other Organizations in the administrators should urge their respective Criminal Justice System governments to provide adequate funds All the participallts from the 18 coun­ and they must be prepared to push home tries represented agreed that co-operation their case. It is also necessary to have with other Government Departments (spe­ priorities and the Standard Minimum Rules cially the police and judiciary) is very may be found useful to convince the rele­ important. It came to light that in some vant authorities concerned. Community countries they enjoy regular and cordial support is also necessary and community contacts however in others there is no leaders on their visit to institutions may be systematic procedure and they rely on asked to give their support to the drive to personal contact only. obtain funds to achieve goals. It has to be recognized that each service It was pointed out by Dr. Neudek, has its own pride. It is important that all visiting expert, that the United Nations services co-operate with one another in the is making continuous efforts to make field of criminal justice. The introduction clear to all countries that crime prevention of a correctional "police liaison officer" and the necessary funds go hand in hand. is a step forward towards such cooperation. An alternative of non-custodial sentences However, it is important that all agencies should be given to prisoners which will should hold regular meetings at a high help in the problem of overcrowding. level to sort out mutual problems. In Hong Kong there is a police liaison officer who 3. The Lack of Factual Knowledge works in the correctional services. He has Concerning Corrections within the been found to be most useful in strengthen­ Community ing relations between both services. It All participants agreed that there is a is also important to have judges pay reg­ problem in this field. Legacies of memories ular visits to correctional institutions to of what happened in the last century still gain first-hand information of what is linger. The community is ignorant about going on. the realities and problems found within the It was pointed out by Mr. Ishikawa, the prison walls and are reluctant to lend a Director of UNAFEI, that the UNAFEI helping hand. In order to overcome the Alumni Association is now established in problem, the public has to be educated some of the countries in Asia and the about the role of the prison in society. Pacinc region and by all members who It should be emphasized that right type of belong to the criminal justice system. staff is required and they cost money. Regular meetings among them would Career talks should be arranged at univer­ certainly iron out any irritating problems sities, in high schools, and talks should be which may arise for instance between given at meetings of Rotary and Lions police and correctional services.

211 The 59th International Seminar (February 22 - March 20,1982) UNAFEI

On Top: Ishikawa (Director: from 5 March) Back Row: Tani (Staff), Shibata (Staff), Ikeda (Coordinator), Koike (Japan), Ogawa (Japan), Yonezawa (Japan), Taya (Japan), Kuroda (Japan), Shastri (India), Wijesinha (Sri Lanka), Tohi (Tonga), Suzuki (Staff), Nagaoka (Staff) Middle Row: Ahmed bin Mubarak (U.A.E.), Gunter (Jamaica), Frempong (Ghana), Witono (Indonesia), Pradhan (Nepal), MoM. Onn (Ma­ laysia), Ueshiba (Japan), Gonzaga (philippines), Fujiwara (Japan), Cruz (philippines), Hossni (Morocco), Chaudhry (pakistan), Aburada (Japan), Hwang (Korea), Na Takuathung (Thailand), Soon (Singapore), Campos (Brazil), Navas (Costa Rica) Seated: Nishikawa (Faculty), Yamaguchi (Faculty), Murayama (Staff), Harada (Faculty), Hagilma (Faculty), Hino (Deputy Director), Puno (Visiting Expert), Shikita (Director: upto 4 March), George, .Tr. (Visiting Expert), Ikeda (Faculty), Umemura (Faculty), Fuji­ wara (Faculty), Noda (Faculty) The 60th International Training Course (April 27 - July 3, 1982) UNAFEI

Back Row: Shibata (Staff), Tani (Staff), Sakamoto (Japan), Kawabata (Japan), Yamamoto (Japan), Takai (Japan), Nanbu (Japan), Kobayashi (Japan), Miyamoto (Japan), Inoue (Japan), Toyoda (Japan), Mori (Japan), Edussuriya (Sri Lanka), Fujioka (Staff) Middle Row: Maruyama (Staff), Patamarajvichien (Thailand), Mahmoud (Sudan), Brueckner (Brazil), Malisa (Tanzania), Pereira (Singapore), Wong (liong Kong), Liew (Malaysia), Huq (Bangladesh), Ranjitkar (Ne­ pal), eha (Korea), Mahurkar (India), Smahman (Indonesia), Hormachuelos (philippines), Hirai (Staff) Seated: Kurata (Faculty), Fujiwara (Faculty), Ikeda (Faculty), Kato (Faculty), Hino (Deputy Director), Ishikawa (Director), Dr. Wilkins (Visiting Expert), Mrs. Wilkins, Hagilma (Faculty), Suzuki (Staff), Hagiwara (Faculty), Noda (Faculty) The 61st International Training Course (September 7 - November 27,1982) UNAFEI

On Top: Saeki (Japan) Back Row: Tani (Staff), Maruyama (Staff), Shibata (Staff), Yamato (Japali), Ohta (Japan), Masuda (Japan), Pongi (papua New Guinea), Wata­ nabe (Japan), Laladidi (Fiji), Yamazaki (Japan), Kasuga (Japan), Chew (Singapore), Kafle (Nepal), Loh (Singapore), Aoki (Japan), Dcegami (Japan), Hirai (Staff) Middle Row: Fujioka (Staff), Mian (Pakistan), Kim (Korea), Fung (Hong Kong), I' Itaya (Japan), Tjitrosomo Ondonesia), Bhagat (Hong Kong). 'I " , Gunasekera (Sri Lanka), Appa Rao (India), Jazrawi (Iraq), Salam, (Banglauesh), Rosas (philippines), Mohd. Jaffar (Malaysia), Portugal (peru), Thanusiri (Thailand), Suda (Japan), Diaz (Chile) , Seated: Kurata (Faculty), Fujiwara (Faculty), Ikeda (Faculty), Kato (Faculty), Hino (Deputy Director), Ishikawa (Director), Mr. Garner .. :' (Visiting Expert); Dr. Neudek (Visiting Expert), Hagihara (Faculty), Suzuki (Staff), Hagiwara (Faculty), Noda (Faculty) " I