Detention Centre upon his/her release from prison until his/her deportation to the domicile
country. At the same time, the SP usually informs the relevant embassy of the prisoner’s
nationality, which has to then take responsibility for the expenses of deporting the person.
13. General observations
The process of admission into each prison was observed to be uniform and consistent,
although the Commission observed flaws in the implementation of the admission process.
With regard to recording whether the prisoner has been subjected to any form of assault
prior to his/her admission to prison, it was observed that there is no mechanism in place to
follow up on complaints made by prison authorities on behalf of prisoners about police
assaults suffered pre-imprisonment to the police hierarchy. There is also no follow up
mechanism in place to ascertain whether any action was taken by the police hierarchy or the
NPC to make the perpetrators accountable. Further, the process of referring a prisoner
subjected to violence to a JMO is not uniform in every prison. This may be owed to the fact
that there is a lacuna in the law, which does not make it mandatory for MOs to refer prisoners
to a JMO in instances where visible marks of injury are observable. Further, the Commission
observed that in certain prisons the medical check-up upon admission, which is mandatory
according to the law, was not being conducted due to the lack of facilities as well as lack of
MOs in certain prisons.
Body searches of a prisoner upon admission to a prison are considered vital as a mechanism
to prevent the entry of contraband into prison. Although there are restrictions set out in law
with regard to body searches, it was observed that certain violations of privacy and dignity
of prisoners take place while body searches are conducted. Unavailability of new technology
in most of the prisons was observed to be the main reason officers engage in manual body
searches. However, the available scanners in certain prisons were also observed to be
dysfunctional due to technical issues.
Once a prisoner is admitted to prison, the Commission observed that certain prisoners have
attempted suicide or have had suicidal instincts due to the pressure and sadness they felt
inside the prison. The Commission further came across instances of violence to which
prisoners were subjected on their first night in prison.
The Commission observed that most prisons have become accustomed to different methods
of prisoner file documentation and file management. Although certain procedures set out by
the law in admitting a prisoner to a prison have been met, the Commission observed certain
loopholes and inefficiencies on the part of the relevant authorities in following such
procedures. The records of every prisoner are maintained by the RC Branch of every prison,
but the methods practiced in maintaining the files of every prisoner were observed to vary
from prison to prison. The lack of an efficient and consistent method of maintaining prisoner
records was found to be an obstacle in locating as well as monitoring prisoners. It was further
observed that a digital centralized database to maintain prisoner records exists in certain
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