Australia has reformed its policy in Criminal Justice System and made developments in corrections policies specific to female prisoners. In this regard architecture of prisons were designed, gender-specific needs of female prisoners were considered ie, reception, transportation, physical & mental health, education, employment, security, pregnancy and parenting.
Establishments of national health indicators (complex personality disorders, mental health screening unit, psychological and/or psychiatric issues, smoking cessation, diabetes prevention, heart health etc.) for female prisoners were introduced. Such practices significantly reduced the recidivism in Australia as good prison practices are essential for wellbeing of prisoners.
Moreover, Mandela Rules mandate that prisons provide health-care services that evaluate, safeguard, and enhance the physical and mental health of inmates. The guidelines discourage the application of disciplinary measures for prisoner behavior linked to mental illness. Also prohibited is solitary confinement for convicts with mental or physical problems. Unfortunate as it may be, this physical examination is a cursory, visual evaluation with a focus on bodily symptoms or diseases. If a prisoner’s mental state is not chronic or at the extreme end of the spectrum, it may be difficult to discern and, as a result, not appropriately examined.
In general, inmates are categorized as either convicted or awaiting trial. Chapter 18 of the Pakistan Prison Rules of 1978 addresses “psychiatric patients.” The Manual differentiates between the treatment of criminal and non-criminal detainees within the category of detainees with mental illness. Mental patients and first-class criminals may, at the discretion of the Medical Officer, be housed in the prison hospital or in a ward established for this purpose; these wards are chronically underequipped and significantly under resourced to treat offenders with mental health issues.
Thus, infractions of fair trial and due process are widespread among the second group of offenders. Because their cases have been delayed, many inmates fall through the gaps of the criminal justice system. The Superintendent is required by Prison Rules 1978 to apply for the prisoner’s transfer to a mental hospital unless and until the trial is renewed. It has been observed that these prisoners suffer the most because they are often incarcerated until their sickness gets severe enough to require intensive medical care. Due to prolonged detention without necessary medical care, prisoners endure years of torture, misery, and forgetfulness without meaningful rehabilitation.
Thus, overcrowded prisons with mainly pre and under trail prisoners manifest a dysfunctional justice system and state’s neglect to both preventing & prosecuting crimes and protecting the rights of prisoners. The dismal condition of marginalized prisoners like women, minorities, juvenile, drug addicts and mentally retarded prisoners is also reflection of flawed system. Ultimately, improving prison administration, conditions and policies must be part of a broader shift to rule of law and expanding the writ of the government. Mere concentrating on brick & mortar and harsh corrective measures will not bring the desired results. It indeed requires a more integrated approach aiming at softer interventions like drifting from retributive rational to utilitarian come restorative perspective.
For reformation there is need for change in various policy frameworks along short, medium, and long term parameters. Around seven policy frameworks are worth exploring i.e. (1) Institutional & (2) legal frameworks along with (3). Vulnerable inmates (i.e. women, juvenile, mentally impaired, & drug addicted prisoners etc.), (4). Education & Skill Development, (5). Reformation, Rehabilitation and Re-Integration, (6). Human Resource Development, (7). Enhancing Efficiency.
Due to prolonged detention without necessary medical care, prisoners endure years of torture, misery, and forgetfulness without meaningful rehabilitation.
Institutional framework: On short term, Prison Ombudsman shall be appointed and notified as an independent oversight body to ensure transparency and professionalism. Implementation of Destitute Litigant Fund Rules 1974 and activation of District Legal Empowerment Committees for rendering legal assistance to the deserving prisoners involved in non-bail able offences. Session Judges as head of the committees to ensure utilisation of the amount allocated for this purpose. On medium term, there is need to make the prisons department independent by making IG prisons the ex officio Secretary in order to ensure administrative autonomy; Activating section 340 CrPC which calls for conducting a pre-trial conference between all stakeholders to decide on matters relating to witnesses, evidence and other documents, and establishment of model jails strictly in accordance with the International best practices as a commitment to progression.
Legal Framework: On short and medium term, Revision of laws, rules and procedures to reflect international standards and principles (Mandela, Beijing, Tokyo, Bangkok and Riyadh guidelines) by reviewing them threadbare, Coordinated efforts be put in place to expedite Criminal Justice Process by liberal use of bail, reluctant use of Sec.169 CRPC by Police, expeditious trials and timely production of UTPs, Legal aid for prisoners by bar councils and NGOs for pro bono services, through Remission & Relief, old aged prisoners should be released from jails on attaining the age of 70 years or who have completed 28 years of imprisonment irrespective of remaining part of their sentences.
Vulnerable Inmates: An alternative to imprisonments as mentioned in Tokyo Rules and non-custodial measures by Bangkok Rules in the form of granting bail to pre-trial prisoners, probation, and house arrest, electronic monitoring, monetary sanctions should be implemented to avoid human rights abuses due to overcrowding in jails. Women should be given psycho-social support with special attention to their specialized health care needs, assistance & support to access counsel & special education and training for building their life skills. To prevent violence and abuse, an effective system of prison inspection & oversight should be established by an independent body that includes a confidential complaints system.
For Juvenile prisoners, Young offenders should not be kept in institutions meant for adult and habitual offenders and similarly provision of separate prisons vans to transport juvenile from prisons to trial court must be ensured; Implementation of Supreme Court judgment (2022 PLD 551 SC) to release juveniles accused of heinous crimes on bail u/s 6(5) of JJSA 2108 to reduce their overcrowding should be ensured. Till the time more borstal institutes are established, existing borstal institutes in Pakistan must immediately be made fully functional; As an alternative process for socio-psychological rehabilitation of juvenile delinquents without resorting to prison incarceration, establishment of rehabilitation centers must be a priority area.
For mentally impaired prisoners, adequate safeguards must be enacted to ensure that evidence of mental illness was properly reviewed at the appeals stage, regardless of whether such information was presented at trial or not; trainings and awareness programs for judges, attorneys, medical professionals, police, and correctional personnel should be a fundamental component of this reform structure.
For policy framework pertaining to Educational Skill & Development, there is need for reputable institutions including TEVTA to open schools, computer training institutes and vocational training facilities for education and skill development of the prisoners. Punjab government model be replicated in other provinces; Liaison between federal ombudsman office and prison department may be initiated to implement these programs; Psycho-social treatment and counselling for prisoners to mitigate the chances of recidivism by respective provincial governments be ensured. For long term, there is need to incorporate international best practices in the syllabus of Prison Training Academies, including Universal Declaration of Human Rights and International Covenant on Civil and Political Rights to sensitise the inmates of their rights.
Concluded
Ommama Usman is Public Administration undergrad at Lahore College for Women University (LCWU). Saud Bin Ahsen works at public policy think tank.