THE NEED FOR AN ACTIVE PRISON VISITING COMMITTEE

Prisons are places for the detention and rehabilitation of those who fell foul of the law. The restriction of the liberty of the person is considered to be the punishment for any alleged wrong doing. However, the deprivation of liberty is to be combined with the provision of conditions in prison which are fit for human existence.

Section 21 of the Prisons Act gives responsibility to specific authorities to monitor what happens in our prisons so that no one is detained in them without the authority of the law and further ensure that the rights and duties of those lawfully held in custody are safeguarded.
Section 21 of the Prisons Act states that
“Judges of the Supreme Court and members of cabinet shall be ex-officio prison visitors to all prisons.”
Secondly, “Every Commissioner or Governor shall be an ex-officio prison visitor to all prisons within his or her Division”
Thirdly, “Every Justice of the peace shall be an ex officio prison visitor to all prisons within his jurisdiction”.
Such people may visit prisons and record any abuse in the visitors’ book. Section 22 also adds that “There shall be established a visiting Committee for each prison”
“The Committee shall consist of not less than five members and three members shall Constitute a quorum.”
The Committee is required to meet as it deems fit but must meet at least once in every three months to hear any complaints by prisoners.
The Prison Visiting Committee is empowered to “enter the prison at any time and have access to all parts and all persons detained and take note of any shortcoming or abuse.

What the Committee Should Address
First and foremost, Section 19 of the Constitution states that “No one shall be subjected to arbitrary arrest or detention.” A person who is arrested and is not released “shall be brought without undue delay before a Court and in any event, within seventy two hours.”
A court may remand a person in custody pending trial, the fulfilment of bail conditions or the payment of fines. It may also sentence a convicted person to a term of imprisonment.
However, an accused person who is discharged should not be detained indefinitely in any prison without the order of a court.
This is why Section 31 (1) of the Prisons Act states that “No prisoner shall be admitted to a prison unless accompanied by a remand warrant, a warrant or order of detention, a warrant of conviction or an order of a court martial.”
It is therefore absolutely essential for the Secretary of State for the Interior to order the Director General of prisons to prepare a list of all those who are in prison without warrant or lawful order so that they may either be taken before the courts or released.
Foroyaa is also calling on the National Assembly members to raise parliamentary questions regarding the number and names of people who are detained in prisons without warrant and those detained at police stations for more than 72 hours and ask the Secretary of State what the government intends to do regarding their plight.

The Right to Appeal
Prisoners who have a right to appeal should be afforded all facilities to prepare their appeal.
Section 33 (1) of the Prisons Act states that “Immediately on admission every convicted criminal prisoner, shall if he has a right of appeal, be informed thereof and of any conditions governing such appeal.
(2) Any prisoner who properly notifies the officer in charge of his intention to appeal shall be given all necessary facilities for prosecuting such appeal.
(3) From the date of entering into a recognisance to prosecute an appeal each prisoner shall be known and treated as an appellant.

The Right of Civil or Unconvicted Prisoner
According to Section 37 of the Prisons Act “A civil or unconvicted criminal prisoner may be permitted to maintain himself and purchase and receive from private sources at proper hours, food, clothing, bedding and other necessaries, but subject to examination and to such conditions as may be prescribed.”

According to Section 3 “If a Civil or unconvicted criminal prisoner does not provide himself with food, clothing and bedding, he shall receive the regular prison food, clothing and bedding.

Visits
According to Section 56 of the Act prisoners who are not convicted “shall be given all reasonable opportunities of communication with his friend or legal adviser and may write and receive letters.
(2) Every visit to such prisoner shall take place within sight and hearing of a prison officer, provided that such prisoner shall be allowed to see his legal adviser within sight but out of hearing of a prison officer, unless for some special reason the officer in charge shall order otherwise.”

A convicted prisoner shall be allowed one visit from friends after he has served three months of his/her sentence but will receive more visits as time elapses and as a reward for good conduct.

Exercise
Rule 55 states that “a prisoner awaiting trial shall, if practicable, and if he desires it, be allowed two periods of exercise each day. It is specially desirable that prisoners awaiting trial should not be deprived of exercise on the day they are produced in court, or subsequently as far as may be possible.”

Communication
Rule 58 states that “A prisoner awaiting trial or remand shall be afforded immediate and ample facilities communicating friend and legal advisers. Letters should be sent by post or otherwise with the least possible delay, telegrams shall also be sent at once if a prisoner so desires.

Photographs
According to Rule 7 of the Prison Rules
“Prisoners shall be allowed to receive and retain in their cells photographs and memorial cards of their relatives, respectable friends and family groups, and birthday cards and Christmas cards, provided they do not exceed four in number in all..”

Food and Weight
According to Rule 11 “prisoners shall be weighed in ordinary dress without cap and shoes, whether on reception, discharge, or at any intermediate period.
(2) Every prisoner shall be weighed within twenty four hours after admission and before discharge, and the weight shall be recorded in pounds.
(3) Every prisoner with a sentence three months and over shall be weighed by the medical orderly at the end of every month, and the weight shall be recorded for the information of the medical officers.”
According to Section 60 “The diet of prisoners shall be in accordance with one or other of the dietary scaled specified in the third schedule of these rules. Every prisoner shall receive the diet specified in the scale which, in the opinion of the medical officer is suitable to his mode of life.”

Foroyaa will publish the content of the dietary scales in subsequent issues. We will also look at the budget of the prisons to determine whether what is allocated is sufficient to meet the terms of the dietary scales.
In our view, the Magistrates and judges should visit the prisons to determine whether remanding prisoners, giving them custodial sentences or subjecting them to detention without trial is contributing to the reduction of crime or is inflating the prison population to the detriment of the economy, the families, the prison and the society at large.
If prison populations are small and manageable, government expenditure will reduce, families will be able to be better fed, prison conditions would improve and rehabilitation of those who could benefit from custodial sentences will be facilitated. Prison reform is necessary to decongest our prisons and enhance the quality of our criminal justice system.
The release of detainees, the adoption of alternative punishment to custodial sentences, the granting of general amnesty to prisoners who can use their skills to promote National Development Constitute the way forward.