Places of incarceration are largely impermeable to the outside world. Inaccessibility and lack of accountability, coupled with indifference of the public towards prisoners lead to gross violation of their rights. To counter this situation, the traditional institution of prison visitors is available in many countries of the world where people independent of the prison system are appointed as prison visitors. The prison visitors are obligated to visit prisons and report on the actual conditions therein. CHRI works in India through this institution of prison visitors to reach out to a large number of prisons as well as to address a vast number of problematic issues concerning prisons, prisoners and the prison staff. The system of prison visitors is faulty in most states since appointments are carried out on grounds of political affiliations than on any knowledge and experience of prison related matters. Still CHRI has found a lot of potential in this institution given the eagerness shown by many prison visitors and governments to work better, if they are provided with training and information on good practices. Many problems in prisons are also due to financial constraints given that prisons figure at the bottom of the budgetary priorities of most governments. CHRI sees the potential of expanding the mandate of the prison visiting system to mobilize community resources to meet the crunch to an appreciable extent. CHRI works towards re-invigorating the institution of prison visitors by researching on the performance of prison visitors; assessment of local needs; conducting capacity building training programmes for prison visitors; advocating for – better recruitment standards for visitors and better working conditions for prison staff. CHRI also tries to encourage an attitude of cooperation in place of indifference and discrimination between the different wings of the criminal justice system. CHRI works with National and State level Human Rights Commissions, Commissions for Women and other government departments, non-governmental institutions and individuals. ISBN: 81-88205-02-8 Printed by Matrix, New Delhi The Commonwealth Human Rights Initiative (CHRI) is an independent, non-partisan, international non-governmental organisation, mandated to ensure the practical realization of human rights in the countries of the Commonwealth. Sixteen years ago, several Commonwealth associations founded CHRI because they felt that while the member countries had both a common set of values and legal principles from which to work and a forum within which to promote human rights, there was relatively little focus on human rights issues. CHRIs objectives are to promote awareness of and adherence to the Harare Commonwealth Declaration, the Universal Declaration of Human Rights, and other internationally recognised human rights instruments, as well as domestic instruments supporting human rights in Commonwealth member states. Through its biennial CHOGM reports and periodic fact finding missions CHRI continually draws attention to progress and setbacks in human rights in Commonwealth countries. In advocating for approaches and measures to prevent human rights abuses, CHRI addresses the Commonwealth Secretariat, member-state governments and civil society associations. By holding workshops and developing linkages, CHRIs approach throughout is to act as a catalyst for activity around its priority concerns. The nature of CHRIs constituent groups* - journalists, lawyers, legal educators, trade unionists, doctors and parliamentarians - ensures for it both a national presence in each country and a local network. More importantly, these are strategic constituencies, which can effectively steer public policy in favour of human rights. By incorporating human rights norms into their own work and acting as a conduit for the dissemination of human rights information, standards and practices, their individual members and collectives are themselves capable of affecting systemic change. In addition, these groups bring knowledge of local situations, can access policy makers, highlight issues, and act in concert to promote human rights. The presence of eminent members of these professions on CHRIs International Advisory Commission assures CHRI credibility and access to national jurisdictions. Originally based in London, United Kingdom, CHRIs headquarters moved to New Delhi, India in 1993. It currently has a Trustee Comittee office in London, and a new office in Accra, Ghana. CHRI presently focuses on issues related to: Right to Information Police Reforms Prison Reforms Constitutionalism Human Rights Advocacy * Commonwealth Journalists Association, Commonwealth Trade Union Council, Commonwealth Lawyers Association, Commonwealth Legal Education Association, Commonwealth Medical Association, Commonwealth Parliamentary Association, Commonwealth Press Union and the Commonwealth Broadcasting Association. Copyright © Commonwealth Human Rights Initiative 2003 ISBN 81-88205-02-8 COMMONWEALTH HUMAN RIGHTS INITIATIVE CHRI New Delhi Office CHRI London Office CHRI Ghana Office N-8 Second Floor Institute of Commonwealth Studies The British Council Green Park (Main) 28, Russell Square PO Box GP 771 New Delhi - 110 016, INDIA London WC1B 5DS, UK Accra, Ghana Tel: +91-11-2685 0523, 2652 8152 Tel: +44-020-7-862-8857 Tel: +233-21-244744, 663979 Fax: +91-11-2686 4688 Fax: +44-020-7-862-8820 Fax: +233-21-240330 Email: [email protected] Email:[email protected] Email:[email protected] http://www.humanrightsinitiative.org Checking, Correcting and Preventing Human Rights Violations through Community Involvement in Prisons Handbook for Prison Visitors Author: R. Sreekumar, CHRI Design & Layout: Chenthilkumar Paramasivam, CHRI CONTENTS Introduction............................................................................................................................................1 Chapter 1 - Prisoners Rights ....................................................................................................................4 1.1 The Basis of Prisoners Rights..............................................................................................................4 1.2 The States Obligations.....................................................................................................................4 1.3 The Basis for Standards of Treatment.................................................................................................5 1.4 Enumeration of Prisoners Rights........................................................................................................5 Annexure 1A - Free Legal Services...........................................................................................................15 Annexure 1B - Order of Justice S.P. Bharucha on Access to Lawyers...........................................................17 Annexure 1C - NHRCs order to report Custodial death within 24 hours.......................................................18 Annexure 1D - NHRCs clarifying order on reporting Custodial death within 24 hours ....................................19 Chapter 2 - Duties of Prisoners ..............................................................................................................20 Chapter 3 - Prison Visitors: Traditional Concept and New Model .............................................................21 3.1 Traditional Concept of Prison Visiting System ....................................................................................21 3.2 New Model: The Positive-Engagement Approach ............................................................................22 3.3 The Publics Responsibilities .............................................................................................................22 3.4 Two Forms of Public Participation in Corrections ...............................................................................23 3.5 Selected Recommendations of the Mulla Committee .....................................................................23 Chapter 4 - Categories of Prison Visitors based on the system in Madhya Pradesh ..................................25 4.1 Prisons in Madhya Pradesh .............................................................................................................25 4.2 Official Prison Visitors in Madhya Pradesh .........................................................................................26 4.3 Non-official Visitors - Their Appointment and Number ........................................................................26 4.4 Period of Appointment...................................................................................................................26 Chapter 5 - Board of Visitors ..................................................................................................................28 5.1 Importance of the Board of Visitors.................................................................................................28 5.2 Composition of the Board of Visitors................................................................................................28 5.3 Functions to be performed by the Board ........................................................................................28 5.4 CHRIs suggestions for Non-official Visitors ........................................................................................29 Chapter 6 - Duties of Visitors .................................................................................................................30