Protect rights and safety of prisoners

Jun 17, 2020

There is also need to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Protect rights and safety of prisoners

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@New Vision

By Josephine Namukasa

Releasing petty offenders from prisons is one of the measures that has been taken during the COVID-19 period to improve prison conditions in Uganda.

It is evidence that we suffer congestion in our prisons, an aspect that goes against social distancing.

Besides congestion, there are quite a number of problems which hinder the full realisation of rights of those in custody.

The United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules - NMR) have consolidated criminal justice and human rights standards in one document — protecting the rights of prisoners, and also providing reliable and up-to-date guidance for prison staff and administrations.

The rules are not entirely new, but are an updated version of the 1955 Standard Minimum Rules for the Treatment of Prisoners (SMRs).

Application of the NMR emanates from admission to release. They cover all aspects of prison management and outline the agreed minimum standards for the treatment of prisoners — whether pre-trial or convicted. A person in custody should not serve two punishments. And now that rehabilitation other than retribution is being advocated worldwide, the rules are very handy in ensuring a safe haven for those in custody.

The NMR are classified into seven themes: prison management, safety, security and dignity for all, incident prevention and response, restrictions, discipline and sanctions, contact with the outside world, healthcare and external monitoring.

There are obligations and guidelines under all the seven themes, all of which can be implemented regardless of the situation. Emphasis today is on external monitoring, which appears as inconsequential, but very significant. It sees to it that all the other six themes are implemented.

External monitoring extends to cover contact with family and friends, communication and visits, access to legal aid advice, representation and legal aid and notification about imprisonment, transfers, death, serious injuries to family members or legal representative. 

At the moment where the pandemic COVID-19 has brought life to a standstill, such external monitoring has been suspended. This is very understandable, but may have repercussions on the full realisation of rights of the inmates. The external monitors are more or less the guiding light to the prison staff in the execution of their respective duties.

This is not to underestimate the good work being done by prison staff. There are conditions that may appear normal because there is no other way of doing otherwise, but such can be noticed by a monitor and a solution can be attained.

Also, visits from relatives or friends are of great importance. An inmate who receives a visit from his or her relative(s) can easily manage the anxiety or whatever mental condition he or she is experiencing by the mere fact that he or she is in custody. The prolonged disconnection from the outside world causes dire mental health situations and may render rehabilitation impossible.

Uganda Prisons Service is doing a great job in bridging the gap between those in custody and the outside world, but in such uncertain times of the pandemic COVID-19, they need to be innovative to ensure that a wall is not built too high.

 Even other rights can still be realised as stipulated in the rules. Implementation of the rules in full requires time and resources, but with the right governance, training and a culture of respect for human rights, many of the Nelson Mandela Rules can be put into action without significant cost.

There is also need to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), where parties agree to establish an independent National Preventive Mechanism to conduct inspections of all places of detention and closed environment.

This will also bring in the UN sub-committee on the prevention of torture, which deals with the State on confidential basis and cannot publish reports and recommendations unless under agreement with the state party.

(The writer is a research associate at Penal Reform International)

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