income of a regular employee, during their sentence. Prisoners currently engaged in a work
release scheme return to prison at the end of each work day, even though the scheme does
allow prisoners to be held in accommodation outside the prison.
Medical officers informed the Commission that prisoners categorized as unfit for work
during the initial assessment by doctors continued to be employed in prison work despite
their recommendations to the contrary. Inmates of certain prisons also complained they are
required to work even when they fall ill.
13. Early Release Measures
The ultimate purpose of the rehabilitation process is to incentivize good conduct and
reformative behaviour in prisoners, for the chance to be released early from prison.
Prisoners sentenced to death and life imprisonment must first be commuted to a specific
term of imprisonment, so they are able to benefit from early release measures like other
convicted prisoners. These measures include remission and the system of evaluations and
convicted prisoners may be released early on license, subject to their behaviour during
Home Leave.
13.1. Commutation Committees
Commutation committees are appointed by the Ministry of Justice to recommend the
commutation of death sentences to life imprisonment and then life imprisonment to a
sentence of 20 years, and are sent to the President for approval. Commutation was formerly
undertaken regularly, in conjunction with the evaluation process mentioned above, but
routine commutations were also disbanded along with evaluations. Ad hoc committees are
now established at the discretion of the Minister.
The offence committed by the prisoner is considered immaterial to their subsequent
rehabilitation and instead factors, such as the prisoner’s disciplinary record in prison and
participation in vocational training during their sentence, etc. are utilized to determine if
they have been rehabilitated.
A number of shortcomings are inherent in the process of commutation. The present
procedure to appoint members of the committee is not transparent as the establishment of
a new committee is carried out in an ad hoc manner, at the discretion of the Minister. The
lack of an established working practice and criteria may cause arbitrary decisions to be made
and different factors may be prioritized by different committees. The prisoner also does not
have the right to appeal the decision of the committee, as ‘commutation is a privilege and not
a right’ according to the Commissioner General of Prisons, and no reasons for rejection are
provided.
xvii