It was noted that the segregation standards mandated by SMRs and domestic legislation are
not strictly being adhered to by the prison administrations, as will be discussed at length in
the relevant subsections below. One of the main reasons that segregation is not always
possible is due to the severe lack of space, as described by the ASP in charge of industries at
WCP who stated:
“We don’t have enough space to segregate these people. We need more
buildings, more officers. Then we can identify and segregate prisoners
according to their personality traits. I’m sure we can even reduce a lot of
crimes outside, by doing that.”
Reportedly, a contributing factor that prevents segregation is the reported allocation of
wards with better facilities to persons in positions of power within society, or those who are
known to the officers, or have provided financial inducements, resulting in other wards
becoming highly congested.
2.1. Process of assigning accommodation
It was noted during staff interviews and prison inspections undertaken by the Commission,
that it is the SP or the CJ of the institution, sometimes with the help of the officers of the SM
Branch and the Location Branch, that decides on the allocation of wards.
Overall, the allocation of wards did not appear to be done by the SP or the CJ alone, even
though they made the final decision, as many factors would have to be taken into account
and different officers are knowledgeable on different factors. For example, in WCP, factors
such as age, the number of on-going cases of a prisoner (to check whether a prisoner qualifies
to be categorized as ‘special’), sentence period, disabilities, a prisoner’s social standing etc.
are reportedly considered. Generally, the allocation of wards/cells appeared to be the result
of a consultative process.
2.2. Men and women
SMR 81105 contains the standard regarding the segregation of men and women. The national
provision on the segregation of men and women is outlined in Section 177 of the SRs, which
states that male prisoners shall be rigorously separated from female prisoners. Section 102
105 SMR 2015, r 81 (1), In a prison for both men and women, the part of the prison set aside for women shall be
under the authority of a responsible woman staff member who shall have the custody of the keys of all that part
of the prison.
2. No male staff member shall enter the part of the prison set aside for women unless accompanied by a woman
staff member.
3. Women prisoners shall be attended and supervised only by women staff members. This does not, however,
preclude male staff members, particularly doctors and teachers, from carrying out their professional duties in
prisons or parts of prisons set aside for women.
73
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