Dear Editor,
I write with respect to the recent tragedy at the Georgetown Prison where seventeen prisoners died and several others were injured. The Government of Guyana within a matter of days set up a Commission of Inquiry and the taking of the evidence by the commissioners is now evolving as a spectacle in the media.
It is my humble view that the setting up of this new Commission of Inquiry was a huge mistake and no new tangible recommendations will come out of it. Before proceeding I would like to clearly state that some of my views have been expressed by others in the media, but I believe that the plurality of ideas and opinions both similar and dissimilar by members of the public is extremely good as it will get the attention of the government, opposition and those others who may influence the decision making.
The truth will not come out of the evidence as the major players are the prison officials and the prisoners and each side will generally want to cast blame on the other. It is my view that former Director of Prisons Dale Erskine should not have been a member of the commission as his retirement from the service was not too long ago, and there may be a perception that it may be difficult for him to disassociate himself from the system and some of the prison personnel. I have the greatest respect for him as a man of honour and character, but in the public eye, perception is what counts.
The evidence from the prisoners should not be in public since they will not want to give full disclosure as at the end of the day they will have to return to the prison and be controlled by the same prison officers or system that had caused the problems. The prisoners will also not want to snitch on other prisoners as they will then place their lives in jeopardy when they return to the prison. Likewise the prison officers will be reluctant to state publicly any fault of any of their superior officers, fellow officers or the system in place because this may affect their promotion or may cause them be to be transferred to other locations. Even if their evidence is taken in camera they will, at the back of their minds, see Mr Dale Erskine as the man who would have had some of these officers under his command, and think that what they say would get back to them.
I note that former Chancellor Cecil Kennard had stated recently that the recommendations in the prison inquiry he headed for the 2002 prison disturbance did not seem to have been really implemented. I started out by saying that this current Commission of Inquiry was a mistake and what the government should have done was to examine the recommendations of the Kennard Enquiry and all other recommendations from both the internal and external sides. I am certain that the Director of Prisons would have been making reports to his minister and requesting implementation. How much has been acted upon would be the crucial question!
The problems in the prison have been simmering for years, and unfortunately nothing constructive has been done. The major problems are: (1) delay in trials, (2) overcrowding in the prison, (3) food being given to prisoners, (4) need for prisoners to have more time with family and (5) remuneration.
(1) There is no doubt that generally there is too long a period from when a person is charged to the conclusion of his trial. A lot of blame is being heaped on the magistracy but that is not being completely fair as delays in the trial are caused when the police do not have their files completed or do not have their files when the matter is called up in court or the file may not have been returned from being sent to CID Headquarters or for advice from the DPP or the prisoner was not brought to court or brought late or an application from defence counsel for an adjournment, or the witness has not attended court because the witness summons was not served, or the witness cannot be located. This is where the magistrate has to be firm and ensure the system in his/her court is working. If the police are repeatedly at fault then the magistrate can start dismissing cases.
I recall that when I was the Chief Magistrate, I had to resort to this tactic and even got the then Commissioner of Police Laurie Lewis to attend court for a session in order to see the disarray on his side of the coin. The magistrate has to balance the equation in order to give justice both to the victim and the defendant. One problem with our magistrates is that their experience both in life and in the legal field is limited and they must appreciate that their decisions impact upon the lives of persons who appear before them.
The delay is not only with the magistracy as there are numerous cases where prisoners have been committed to stand trial at the High Court before a judge and jury and their wait is for years and at times in excess of eight years. The fault here is with the Director of Public Prosecution not being able to have the cases tried; the shortage of judges to deal with the heavy load of cases; inexperienced judges taking too long to complete a case; police not getting their witnesses to attend; witnesses cannot be found as they have moved or migrated; or witnesses dying. This is without a doubt an injustice to an accused person as if he is found not guilty there is no compensation given him, and apart from this his family life may have been demolished and he comes out of prison a bitter person. The injustice is also extended to the victim as he/she has to wait so long for justice and becomes frustrated and disillusioned with the system.
(2) I do not think that I need to say anything on this point as it is an accepted fact, and this state of affairs has been ongoing for several years now. A lot of talk is that magistrates need to alleviate this by granting lighter bail and expediting trials, but sometimes it is not that easy as quite a lot of accused persons have previous convictions, other pending cases, violence was used in the commission of the alleged offence or it is not in the public interest for an accused person to feel that if he is charged for an offence then the court will send him away without bail or at a nominal amount. Bail is not to punish a person but to ensure the attendance of an accused person at his trial, and the magistrate has to be both subjective and objective in arriving at a decision. At times a magistrate has to refuse the granting of bail in the public interest and public policy because of the type and prevalence of the offence.
The government also has to deal with overcrowding as it is their responsibility and the need for a new prison outside of Georgetown is a must; the quicker plans are put into action the better. Prisoners cannot be housed up with nothing constructive to do. There must be put in place programmes with a view to education and the learning of skills or trade, eg, masonry, carpentry, plumbing, electrical, mechanical repairs, so that upon release a prisoner has the option to choose the path he wishes to traverse – work and live a decent life or go back to crime. Numerous housing schemes are going up around the country and there is a great need for these skills. Sport is an important element for a prisoner to be occupied with and to utilize unused energy. It also instills a sense of playing by the rules and being disciplined ‒ good traits for every prisoner. Prison takes away the liberty of a person but his other human and constitutional rights are not extinguished. The period of imprisonment should be used to mould and prepare prisoners for life after their release, so that they have something to look forward to.
(3) The inmates of the Georgetown Prison have been complaining about the food being given to them and this must be looked into and rectified as quickly as possible. The prisons at Mazaruni and Lusignan must be encouraged to begin to cultivate crops and rear chickens, etc, in order to supply the prison population. Prisoners involved in this exercise will learn and should be encouraged to farm after their release. One way is to set aside acres of land for released prisoners to farm individually or as a co-operative with help and advice from a responsible body, eg, Guyana School of Agriculture. If most of them or a small percentage is encouraged to live a good life then it will be a success and be a platform for further success. The closure of the Wales Estate will give the authorities the opportunity to have available land and plans should begin immediately for the use by released prisoners. The land can be leased for periods and once it is successfully farmed then consideration can be given for ownership of it.
(4) I would encourage some prison reform for there to be some more interaction with prisoners and their families, especially spouses, so that the ties are not broken and whenever he/she is released the reunion can be restarted easily. Here we would need the social workers to assist and make recommendations, and perhaps the University of Guyana can assist with their social science programmes. More community based sentences can be imposed by the courts, and as a magistrate I found that this worked.
(5) There is no doubt that there is a shortage of prison staff and the major reason is the salary. A prison officer’s job is not rosy, and some people look down upon it. It is dangerous and a good salary and ancillary benefits must be offered. Giving duty free allowances for certain purchases, securing a plot of land for building a home, easier loans to build a home and other enlightened benefits can indeed attract recruits.
At the end of the day prisoners have to realize that they are being punished for offences to society and that all will not be rosy in prison, but they must be treated fairly and upon their release from prison they should have some hope that they can be reintegrated back into society if they do not resort back to crime. We all have to be involved in order to make this happen as one way or the other our action or inaction will have an effect.
I will in conclusion again say that the current Commission of Inquiry is a waste of time and money and that it was hurriedly set up in order to deflect from the government the horror of what took place and the perceived failure to maintain order at an institution where this is mandatory.
Yours faithfully,
K A Juman-Yassin
Attorney-at-law
