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CLASSIFICATION AND INSTITUTIONAL TREATMENTOF OFFENDERS IN SRI LANKA PRISONS.
and
ALTERNATIVES TO CUSTODY AND TREATMENT
OF OFFENDERS IN SRI LANKA.
by
S.C.J. Bandaragama.
Commissioner General of Prisons. Department of Prisons Sri Lanka.
Prison Headquarters, 150, Baseline Road, Colombo 9, Sri Lanka. Tele:- 0094-691976 E-mail :- jsiri32@yahoo.com
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CLASSIFICATION AND INSTITUTIONAL TREATMENT
OF OFFENDERS IN SRI LANKA PRISONS.
The Democratic Socialist Republic of Sri Lanka has for many years been committed to a correctional policy where the eventual objective is to rehabilitate convicted offenders and re-integrate them into society. The task of rehabilitation and re-integration is being handled by two Departments, viz.
1. Department of Prisons; and
2. Department of Probation and Child Care Services.
A. Institutions functioning under the Department of Prisons.
The Probation Service was a parallel organization functioning under the Department of Prisons until year 1956 when the Department of Probation and Child Care Services was created which is presently under the control of the Ministry of Social Services.
The Prison Department which functions under the control of the Ministry of Interior provides institutional treatment, primarily, for convicted prisoners classified and categorised under the first offenders – re-convicted and recidivist re-convicted prisoners. The following institutions are under its administration –
i. 03 Closed Prisons.
ii. 07 Work Camps.
iii. 02 Open Prison Camps.
iv. 01 Work Release Centre.
v. 02 Correctional Centres for Youthful Offenders.
vi. 01 Training School for Youthful Offenders [Borstal].
vii. 17 Remand Prisons for unconvicted prisoners.
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B. Categorization of Prisoners.
In Sri Lanka Prisons where males and females are both confined, male prisoners are separated from females. Male prisoners are categorized in the following manner –
i. Civil Prisoners.
ii. Prisoners not previously convicted.
iii. Prisoners sentenced to death.
iv. Prisoners previously convicted.
v. Prisoners under 22 years of age.
vi. Unconvicted prisoners.
Females under 22 years are separated from adult females.
In addition to the above classification, prisoners are further classified according to the number of admissions to prisons, viz.
First Offender.
A prisoner who is admitted for the first time to a Prison,
Reconvicted Prisoner.
A prisoner who has served one or two previous sentences only,
Recidivist reconvicted prisoner.
Any prisoner who has served over two prison sentences.
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C. Classification of prisoners in Sri Lanka in respect of individual prisons [3 main prisons] appears below.
Welikada Prison, Colombo - First Offenders.
Bogambara Prison, Kandy - All Reconvicted prisoners.
Mahara Prison, Ragama - All Recidivist Reconvicted prisoners.
D. [I] Closed Prisons. – These prisons are meant for the location of convicted prisoners, but due to severe overcrowding of unconvicted prisoners in Remand Prisons, unconvicted prisoners too are often located in Closed Prisons. These prisons can be classified as Low Medium Security institutions.
[ii] Work Camps – These camps are open institutions with no boundary walls. First offenders sentenced to terms of imprisonment up to two years and below are transferred to these Work Camps, the concept being that a large number of first offenders with comparatively short prison terms will be kept away from contamination with hard-core criminals who remain in closed prisons. The prisoners located in the camps work under minimum security conditions and these conditions are very much similar to any other collective farms in the community.
[iii] Open Prison Camps - The first camp was established in 1951 in the Central Province of Sri Lanka. Prisoners located in this camp are selected prisoners with good conduct, who would have served one-fourth of their sentence and with at least two years more to serve. Here the emphasis is to accustom the inmate to conditions and circumstances available in the community to which he would return. Hence, he is given enhanced freedom and responsibilities, and the principle guiding custody is trust. Unlike visits to prisoners in a prison, families are encouraged to meet inmates often and such
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visits are not supervised by prison officers. Inmates are encouraged to build good relationships with those in the free community, and at the same time encouraging them to participate in community projects on an entirely voluntary basis.
[iv] Work Release Centre – This centre consists of short-term prisoners living and working by themselves on a Coconut Estate in ‘Open’ conditions. The inmates are supervised by a residential retired prison officer.
[v] Correctional Centre for Youthful Offenders. This centre consists of Youthful Offenders. Offenders with pending cases and long-terms of imprisonment are located in a walled section of the Centre and others in an ‘open’ section.
[vi] Training School for Youthful Offenders [Borstal] – Lads between the ages of 16 and 22 who are found eligible by courts are sent to this centre for maximum term of 3 years. Unlike prisoners, these lads are not entitled to remission of sentence, but are eligible for release on licence after one year. There is only one Training School for the whole of Sri Lanka.
[vii] Remand Prisons - Persons awaiting trial or unconvicted prisoners are located in these prisons and convicted prisoners with short-terms are also located in these prisons and convicted prisoners with short-terms to attend to jail services including work in the preparation of meals.
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E. Special categories of prisoners.
Persons convicted for drug related offences - Number of drug offenders admitted
for the years 1997 - 2002 appear below.
1997 - 7139
1998 - 8199
1999 - 8938
2000 - 8351
2001 - 8002
On the analysis done by the Department of Prisons it was found that the number admitted for drug related offences had increased considerably. Drug related offenders form by far the largest category admitted to Prisons in Sri Lanka presently. Many of these offenders languish in jails for non-payment of fines imposed by court.
Suitable alternatives for these unfortunate victims of drug habits have to be found. In 1999, 39.8 percent of those admitted to prisons in Sri Lanka were for drug related offences.
A centre named “NAVODAWA” has been opened for treatment and rehabilitation of drug addicts in Sri Lanka. This institution comes under the control and management of the Department of Prisons. It is an open institution. Following are the categories of offenders sent to this centre.
(1) First offenders.
(ii) Those convicted for using drugs such as heroin, opium, hashish and other
types of dangerous drugs.
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(iii) Those sentenced to one year and above, but not more than five years.
(iv) Those without pending cases and without Police Supervision.
(v) Those prisoners who will be transferred on special orders of the
Commissioner of Prisons.
Treatment Programme.
Offenders would spend the first month in the prison of admission. During this period, Welfare Officers conduct Admission Orientation programmes for these offenders, and are produced regularly before the Medical Officer to undergo medical observations for drug withdrawal symptoms and treatment. No visits are allowed during the first two weeks of imprisonment to these offenders.
Stage Two: After completion of one month, offenders who are certified as medically fit by the Medical Officer, are transferred to the Centre. On admission to the Centre, the Chief Jailor and the Welfare Officer jointly brief the offender on the objectives of the centre, the evils of drug abuse, the Code of Discipline, rules and regulations. They are subjected to intensive counselling programmes. These programmes lay particular emphasis on religious observances.
Stage Three - During the first week of the third month, the Welfare Officer would interview each offender and fill in the necessary forms, and prepare Social Reports in respect of each offender. They are encouraged to have frequent visits and correspond with relatives. When family members visit the offender, supervising officers explain to them their responsibilities as well towards the rehabilitation of the addicts. Family reconciliation and strengthening of family relationships form an important phase in the eventual re-integration of the offender into society.
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Stage Four – With the assistance of the Education Department, Educational programmes are conducted for the benefit of these offenders. Library books and newspapers are given to them with a view to enabling them to use their leisure meaningfully. These offenders are encouraged to have daily physical exercises and actively participate in sports programmes.
Stage Five – Selection for Vocational Training is based according to the skills of the offender. Classification is by a Board consisting of the Superintendent, Chief Jailor, Welfare Officer, Vocational Instructor and a representative of the Labour Department. The Board is provided with the social report pertaining to the offender. Vocational training is organised in consultation with officials of the Labour Department and arrangements are made to issue a certificate of competence on the successful completion of the course by the offender.
Stage Six - These offenders are given intensive counselling by agencies engaged in the prevention and control of dangerous drugs. Regular films and Video shows are organised. Lectures are given in the fields of Education, Religion, Health, Social work, Drug rehabilitation and crime prevention.
The Board of Review consisting of the following, carefully monitors the progress of the offender monthly, and prepares him to be sent either on Home Leave, normal release or premature release on stipulated conditions –
Commissioner of Prisons.
Superintendent of Prisons.
Chief Jailor.
Welfare Officer.
Vocational Instructor.
Representative of the Labour Department.
Representative of the National Dangerous Drugs Control Board.
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Follow-up and After Care. – On discharge under normal circumstances or release under conditions, Prison Welfare Officers and Volunteers in the area where the offender resides, supervise the prisoners at least for a period of three years to ensure that the offender has completely given up addiction to drugs and would lead a drug-free life. To make rehabilitation and re-integration a success, arrangements have also been made to get the co-operation of Non-Governmental Organisations, Temples, Churches and Mosques.
F. Prisoners involved in Organised Crimes – Prisoners who are admitted to prisons are also classified as Organised Crime Offenders or Hard Core on the basis of reports forwarded by the Police. On admission to Prison, the Police furnish a report on the previous history, modus operandi and the nature of crime committed by the offender. If there are more than two prisoners in the same case, they are not located in one prison but are located in different prisons to prevent close contacts with each other. They are segregated from normal prisoners and their custody is under close supervision and special security. As there are no maximum security prisons in Sri Lanka to locate these types of prisoners, special sections have been constructed within some of the large closed prisons for their location. The location therefore of this category of prisoners is under maximum security conditions.
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G Prisoners Admitted to Prisons from Foreign countries.
The table below indicates foreign nationals admitted to Sri Lanka Prisons.
M F M F
1997 12 02 7, 9, 15, 121 15 2, 6, 7, 9, 15, 19, 23.
1998 10 -- 2, 6, 7 55 07 2, 3, 6, 7, 9, 10.
1999 01 01 3. 47 07 1, 2, 34, 6, 7, 9, 21, 23
2000 10 01 6, 7 87 11 9, 6, 7, 4, 15, 21, 10
2001 04 01 6, 7, 18 158 19 6, 7, 14, 10, 9, 21, 2,
8, 12, 5
* - Country Nos.
1. America 2. England. 3. France. 4. Australia.
5. Austria 6. India. 7. Pakistan. 8. Bangladesh.
9. W. Germany 10. Japan. 11. Ireland. 12. Italy.
13. Thailand. 14. Indonesia. 15. Switzerland. 16. Argentina.
17. Holland. 18. Maldives. 19. Philippines. 20. Nigeria.
21. China. 22. Iraq. 23. Canada.
The offences committed by these foreign nationals are in the main drug related. Communicating with these offenders have posed a serious problem to prison staff as many of them are unable to speak, read and write English. With difference in religion, customs, culture, climate conditions and food, these offenders languish in Prison custody in virtually self-imposed isolation. These prisoners do not have, understandably, regular visits. Visits generally are from the respective Embassies or Consular offices.
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H. Terrorists.
In Sri Lanka, special laws, particularly the Prevention of Terrorism Act No. 48 of 1979, and Emergency Regulations have been enacted to deal with terrorism. Under this Act, persons who are involved in terrorist activities are detained on orders, issued by the Minister of Defence. Therefore, depending on the nature of the offences committed, these persons are eventually produced in courts of Sri Lanka where justice takes its normal course. This category of offenders are placed under maximum security conditions.
Terrorists detained from 1995 to 1999 are as follows –
1997 1998 1999 2000 2001
Terrorrist Remandees - Males 570 215 210 860 642
Terrorists Convicted - Males 22 15 13 36 29
Terrorists Convicted - Female. -- -- 03 01 --
I. Female Prisoners.
Statistics of Convicted Female Prisoners according to the nature of offences committed, appear below –
1997 1998 1999 2000 2001
Theft 29 102 28 22 12
Lodging in Verandhas. 10 27 15 24 04
Excise offences. 358 332 304 221 159
Drug offences. 86 126 148 51 91
Other offences. 173 258 306 215 201
656 845 801 533 467
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In each closed prison there is a separate section to locate unconvicted female prisoners. Women prisoners who are sentenced to over one month are transferred to the Female Prison in Colombo for location. These convicted prisoners are given a training in various vocations viz., Tailoring, Knitting, Weaving. In addition to vocational training provided by the Prison Department, there are many services provided by non-governmental organizations to female prisoners.
J. Prisoners admitted according to Ages.
Appended below are the details of convicted prisoners admitted to Prisons according to ages for the years 1995 – 1999.
1997 1998 1999 2000 2001
16 and under 22 years. 2120 2652 2771 1866 2212
22 and under 30 years. 7975 9793 11174 8321 9854
30 and under 40 years. 5276 5590 5837 4487 4736
40 and under 50 years. 1708 1721 1651 2424 3373
50 and under 60 years. 744 754 728 930 1190
Above 60 years. 294 281 286 676 757
18143 20807 22466 18715 22239
In Sri Lanka, prisoners over 60 years of age are normally classified as Aged prisoners. This category of prisoners admitted to prisons with sentence of hard labour cannot be employed in a meaningful work due to their old age and physical weakness. The majority of them are employed in light work such as sweeping, jail service, etc. Majority of them have no permanent dwellings, unemployed, maintain no relationship with their family members, feeble and illiterate. It is difficult for them to adjust their lives to suit institutional life and to rehabilitate and reform them and reintegrate them to society.
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In terms of the Prison Rules when a Medical Board certifies that further incarceration of a prisoner, irrespective of age, would endanger his life, such a prisoner is given a special pardon by the State.
K. Vocational Training in Prisons of Sri Lanka. Every convicted prisoner sentenced to rigorous imprisonment is required to work for approximately eight hours a day. This requirement is met both in the form of vocational training in industries as well as on job training in prison workshops. The dual objective is to train the offenders in order to enable them to find suitable employment upon release from prison custody as well as to utilise their services for the benefit of the State. The whole range of trades that are available in the free community are made available within Prisons, viz, Computer, Carpentry, Tailoring, Laundry, Smithy, Motor Mechanism, Printing, Bread making, weaving, Knitting, Masonry, Soap making, Mat Making, Brush making, Polishing, Tat , shoes & caps making and the manufacture of coir goods and training in computer. The Prisoners are paid wages according to a graded scheme depending on their skill and training.
Agriculture and Animal Husbandry.
In the Prison Work Camps for short-term and medium-term offenders and in the Open Prison Camp for long-term offenders, training is largely in the fields of agriculture and animal husbandry.
L. Education, Recreation and Religious Activities.
The Department of Education conducts Adult Education classes for the benefit of prisoners. In some of the institutions, volunteers too help the Department in these educational programmes. Facilities are also provided for the prisoners to sit public examinations.
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Prisoners are also encouraged to take part in both indoor and outdoor recreational activities. Facilities are provided for Scouting, Wrestling and Boxing.
After cease labour, facilities are provided for offenders to follow religious activities in keeping with their faiths. All prisons, Work Camps, Open Prison Camps and Training Schools have places of worship such as Shrine Rooms, Chapels, Mosques within the premises and prisoners are allowed unrestricted access to these places. On important religious occasions, prisoners in Open Prisons and Work Camps are permitted to participate at functions organised by the members of the community. Prisoners are allowed to sit religious examinations, if they do desire, after following classes held in the institution.
M. Capital Punishment.
Capital punishment was suspended in 1956. In 1959, a Commission was appointed on the death penalty under the Chairmanship of Prof. Norval Morris and it was re-introduced in 1960. Last execution was carried out on 23rd June, 1976.
N. General
Prisons in Sri Lanka continue to be grossly overcrowded. Available space in Sri Lanka Prisons is for approximately 7641 prisoners. [Convicted – 5443 and Unconvicted – 2198]. A major cause for this problem is the large number of unconvicted prisoners admitted to Prisons. The following table illustrates the problem [Daily Average Population].
Convicted. Unconvicted. Total
1997 6037 6702 12739
1998 6469 7530 13999
1999 8442 7960 16402
2000 8167 8245 16412
2001 8186 9028 17214
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The effects of over crowding are felt not only in the area of space but discipline and control, hygiene and effective treatment programmes. Overcrowding of the prison has made the task of the prison officers arduous and difficult.