It should be noted that the period of punishment awarded by the Tribunal would constitute
an extension of the period of imprisonment.
Prisoners stated that when proceedings are conducted at the prison itself, rather than in a
courtroom, they are concerned about the impartiality of the proceedings. The setting is rife
with power disparity because the prisoner is at a disadvantage as they are without anyone
to speak on their behalf. It is general practice to allow a prisoner to hire legal representation,
but calling lawyers to the prison is an additional financial burden, and hence the individual
would ordinarily have to represent himself before a judge. Prisoners alluded that judges
simply listen to the statement of the Superintendent without conducting their own inquiries,
thereby creating an appearance of bias.
While possessing contraband is one of the main reasons for receiving a beating, prisoners
from every prison alleged the involvement of officers in smuggling contraband into the
prison, which was also acknowledged by senior members of the Ministry of Justice and the
Department of Prisons. It was highlighted to the Commission that the prevention of
contraband entering prison is currently one of the key challenges faced by the Department
of Prisons. Further, despite initiating disciplinary action against officers and introducing new
policies, such as body and parcel scanners, to restrict the supply of contraband in prison,
measures taken by the Department of Prisons reportedly fall short of addressing it
effectively. This points to the need to take into account the root causes of and the systemic
factors that fuel corruption, in order to prevent the smuggling in of contraband. Within such
a complex environment in which illegal activities can take place, coupled with the inmateofficer unequal power dynamic, it is highly possible for prisoners to be sanctioned for
possessing contraband, which was smuggled into prison by prison officers, while the officers
responsible are not penalized. Such a phenomenon does not effectively prevent the spread
of contraband in prison.
10. Death in Prison
While inquiring into the deaths that occurred in prison during the study, the Commission
was able to uncover a number of patterns which contribute to the cause of death of inmates
in custody. Violence inflicted by prisoners and prison officers which ultimately caused death
was noted. In all such cases reported to the Commission, the deceased were in a state of
distress, often appearing to suffer from drug withdrawal symptoms or the effect of a
psychological disorder. Due to this they caused disruption and violence was used as a means
of subduing them.
The Commission found that recording identifying marks and photographing an inmate upon
entry is crucial as it could place a timestamp on any injuries acquired by prisoners prior to
imprisonment, and hence allows a determination of whether an assault was committed on a
prisoner inside the prison or prior to entry. However, new prisoners who arrive in the
evening may only be examined the following day. Therefore, if a new prisoner is assaulted
on their first night prior to registration, it may not be possible to ascertain whether the
injuries were inflicted in prison or during arrest. The prison administration also responds to
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