Extortion and unfair dealings in prison cells

Dr. Forqan Uddin Ahmed :
At present there are 80 prison cells in Bangladesh. Among them four are central jails, 30 district jails, 27 sub-jails and 16 thana jails. About fifty thousand prisoners are accommodated in these jails. But in reality more than one lakh prisoners live in the prison cells. All prisoners are not guilty; majority of them are under trial. Besides the jails, there are many correction centers in our country and many children’s and women are sent to these correction centers. From a report in 1998, we get information about 34 children, who were taken to Dhaka Central Jail. All 34 were not found guilty. Among the list, 24 were found innocent. The remaining alleged 10 were detained in the name of safe custody.
The Prison Administration is controlled by several government organs. It is housed under the Ministry of Home Affairs but is also controlled by the Ministry of Establishment in respect of the promotion, posting and appointment of the officials. It is operated by the Directorate of Prisons, which includes the Inspector General of Prisons (IG Prisons), Additional and Deputy Inspector Generals of Prisons, Superintendent of Prisons, Jailers, Deputy Jailers etc. Since November 1977 to this day, the Prison Administration in Bangladesh has been handled by members of the Armed Forces – except the period of 1981, during President Sattar’s regime. The Bangladesh Prison Administration is an absolutely Civil Administration and the Officers and Staff (Department of Prisons) Recruitment Rules, 1984 provides that the provision of recruitment of the Inspector General of Prisons should be ” by Promotion on the basis of merit-cum-seniority from amongst the DIGs of prisons and, if none is found suitable for promotion, by transfer on deputation of a suitable officer holding a post equivalent to the post of Joint Secretary”. The qualifications have been laid down in the rules that the Person to be Promoted should be 18 years of service in the Department including 3 years of Service as D.I.G of Prisons.
A preliminary investigation report by Odhikar, a coalition for human rights, found that the condition of the prisons and their inmates in Bangladesh are deplorable. In all the prisons, especially in the old, ill-equipped ones, over-crowding, poor hygiene, almost non-existent sanitation facilities, lack of proper health care combine with corruption to create a nightmare scenario. Furthermore, inmates are sometimes denied visiting rights or their family is turned away at the jail gate if they are unable to pay bribes. They suffer further humiliation in the fact that within 24 hours their numbers are counted several times. Prison security in some jails also needs to be questioned. It is not only corruption that is affecting the jail system, but also the inattentiveness of the prison guards. Recently, nine inmates of Sherpur District Jail tried to escape. Two managed to find freedom. Among the others, one was killed. Investigators from Odhikar found that escape had been made simple due to the lapse in security measures.
Moreover, we come to know about the sad picture of their lives through interviews and surveys of the journalists and research centers. As per the information from different sources, we find very horrible picture of living in jail. Most of the jails are overcrowded where people in disproportionate figure live, which is very inhuman and unhealthy. There is only one toilet allocated for a large number of people and there is no provision of privacy by jail code. But, there should be minimum privacy for all the prisoners out there. These types of confinement are very detrimental for the children’s who are kept in the jail or correction center for their future life. There are other reports of jails and correction centers, which I might focus. Sometimes, we hear that, the jail authorities do not provide sufficient food to the prisoners as they require. Whenever, any prisoner raises his/her voice, he is mercilessly beaten and finally, he/she is compelled to stop her voice against irregularities or anomalies coming from jail authorities. There is a tendency of the jail police to use slang against the prisoners. If any prisoner fails to comply with any reply, he or she will have to face difficult situations, by the punishment. Sometimes, they have been given severe punishment which is very unethical. In correction centers or in jails, a growing aged female prisoner is mal-treated. She is, at times, subjected to the matter of enjoyment by the male jail prisoners, as well as the authorities. Sometimes, captives are found with a single piece of cloth. From jail, they are not afforded, or given as they demand. As a result, the prisoners have to suffer from cold in the winter season. By jail code, the prisoners are supposed to follow many visits to the correction centers on a regular basis which gives out a very negative thing, government officials or detail Magistrates do not pay a visit to the centers.
Given the above circumstances, it is to be noted that we should develop our prison system to ensure the human rights and fundamental rights of the inmates in the prisons in Bangladesh. They too are citizens of the country and protected by the constitution. In 1980, the Justice Munim Commission Report suggested a total of 180 recommendations necessary to improve prison conditions. Out of this number, only 64 recommendations have been fully executed, 28 partly executed and 88 still to be implemented. Bangladesh is a state that promises to defend human rights for all, and hence, it cannot ignore the international mandate and requirements for proper treatment of its prison population. As the healthcare services in prisons are evidently poor and sub-standard, the government must immediately and seriously address the issue of health-care of the prisoners and take effective measures as per the UN Standard Minimum Rules for the Treatment of Prisoners.
The Social Welfare Ministry and Home Ministry of government should take pragmatic steps for reformation. In some cases, structural changes need to be brought for the welfare of destitute and helpless prisoners. Government should focus on humanitarian program and projects highlighting values, regularities and moreover, the principle of socialization. Again, sensible demonstration of equality, brotherhood, mutual understanding must be taken into consideration, as a priority case. Otherwise, this will affect the development process of our country. So, our prison premise should be structured not with untoward or evil frameworks or the shield of cruelty. We should concentrate on making a humanitarian Bangladesh keeping our eyes towards the fire reconstruction of our prevailing jail condition and finally making our life docile and magnificent in the global arena.  

(The writer is former Deputy Director General, Bangladesh Ansar & VDP).