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.
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