fellow prisoners to the officers. This has the effect of creating an unequal power dynamic among inmates, which can be exploited by inmates who wield more influence. 9. Discipline and Punishment The Commission observed that physical violence is often used as a form of punishment for committing offences inside prison and is also an integral component of maintaining discipline and order. Prison officers were noted engaging in beatings for a range of reasons but are primarily seen to be inflicting violence on persons from impoverished backgrounds. Prisoners reported being beaten by various instruments, such as clubs and wires in the presence of other inmates, often while kneeling or being hung up by their wrists. Prisoners could be beaten by all ranks of officers, with even Superintendents and Chief Jailors being implicated in perpetrating violence. In many prisons it was alleged that officers inflicted violence while intoxicated. Violence is seen as the primary means of maintaining order inside the prison, which may be why prisoners reported being beaten for even inconsequential reasons, in order to affirm the unequal inmate-officer power dynamic and remind prisoners of officers’ superiority and the coercive and retributive power they possess. Prison officers do not receive training on non-violent means of restraining prisoners and maintaining order. The Commission was also informed that the conditions of their work environment and associated stress and burnout causes prison officers to resort to violence in dealing with inmates. As mentioned above in the section on Inmate-Officer Relationships, persons from higher socio-economic backgrounds did not report being subject to violence or ill-treatment by officers. A key contributory factor to the use of violence by prison officers is the fact they are rarely sanctioned for inflicting violence on inmates, which creates a culture of impunity. Since, during the prison study the presence of the Commission at prisons across the country increased, it was reported that the frequent presence of the Commission has had the effect of curbing violence in certain prisons, as offices reportedly feared the Commission would initiate inquiries into allegations of violence. This indicates that disciplinary sanctions against officers as part of a zero-tolerance policy against violence, and/or prosecutions under the Torture Act would have a deterrent effect on the use of violence by prison officers. Another commonly cited punishment is the use of solitary confinement. The Commission found punishment cells to be dark, damp and less-ventilated, often without toilet facilities, thus exacerbating the conditions of punishment. This is contrary to international standards on the use of confinement as a means of punishment, which prohibit inhuman living conditions. A Prison Tribunal may be convened to decide the culpability of an inmate accused of committing a prison offence and decide the sentence. A district judge is typically called upon to adjudicate and the maximum punishment that can be awarded is five years imprisonment. xii

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