7. Accommodation
“We need to change this place that smells like death, that smells like a
graveyard. We must change this.”
Remandee, CRP
1. Introduction
The state of the infrastructure of the detention facilities is an element that has an impact on
the physical and mental wellbeing of prisoners during the period of imprisonment. The SMRs
provide minimum standards to be followed with regard to the physical conditions of prisons
and outlines the responsibilities of the State, not only to implement the minimum standards
of living within prisons, but also to conduct and facilitate monitoring by MOs and Public
Health Inspectors (hereinafter referred to as PHI) to ensure that the facilities continue to be
of habitable state. At the onset, it must be highlighted that SMR 3 states imprisonment is
afflictive ‘by the very fact of taking from these persons the right of self-determination by
depriving them of their liberty and therefore the prison system shall not aggravate the
suffering inherent in such a situation’. Furthermore, SMR 5 requires the prisons
administration to seek to ‘minimize any differences between prison life and life at liberty
that tend to lessen the respect due to prisoners’ dignity as human beings’. Both these factors
must form the basis of assessing the physical conditions of detention facilities.
This chapter focuses mainly on two different aspects of accommodation facilities in prisons;
namely, segregation of living areas of prisoners belonging to different categories and the
conditions of the accommodation facilities.
2. Segregation
SMR 11101 stipulates that different categories of prisoners shall be kept in separate
institutions or parts of institutions, taking account of their sex, age, criminal record, the legal
reason for their detention and the necessities of their treatment. SMR 93 102 states that the
purpose of classification shall be to separate those prisoners who, by reason of their criminal
records or characters, are likely to exercise a bad influence, and hence to divide prisoners
into classes in order to facilitate their treatment with a view to their social rehabilitation.
In national legislation, Sections 178 and 183 of the SRs describe the rules for the segregation
of prisoners in the male and female sections of the prison, and Section 183 specifically
requires that ‘known prostitutes’ shall be kept in a separate ward by themselves. Section 9
mandates the CGP to display, for the information of the prisoners, a summary of rules
relating to the classification in conspicuous places in prisons. Section 39 of DSO states that it
101 SMR 2015, r 11.
102 ibid r 93.
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