|
Response to Agenda Item 4 |
Reception, Classification of Prisoners as the key 16 Rehabilitation |
Reception and classification of prisoners under the existing systems and procedures in Cambodia do take into consideration the need for rehabilitation of prisoner at that stage of processing. The current processes for reception of prisoners are primarily systematic and guided by the following :
o Prison must admit only those prisoners accompanied by a lawful detention warrant or judgement from a lawfully constituted court.
o Each prison shall maintain a register of prisoners the register contains information on each prisoner’s individual identification, reasons for detention details of sentences and release and any additional information required by the Prison Department.
o A health care provide must review the health condition of all prisoners as soon as practicable after admission. Where a prisoners appears ill or injured on admission to prison, the Prison chief is to arrange for medical treatment as soon as possible and is to record the details of any injured illness in the prisoner’s file.
o All prisoners must be allowed to seek legal representation for the purposes of an appeal or to deal with any outstanding civil or criminal law matters, as soon as possible after their admission to prison.
o All prisoners must be photographed as soon as practicable following their admission to prison and at other times if their appearance changes significantly.
o All prisoners must be allowed to inform their families or relatives of their imprisonment, as soon as practicable after admission.
o Foreign prisoners on admission, must be provided with information in language they understand, of their right to inform their relevant Embassy, Consulate or other relevant organization of their imprisonment and shall be given every reasonable opportunity to do so, after their admission. When a foreign prisoner is unable to inform their relevant Embassy, Consulate or organization, the Prison Chief shall do so on their behalf as soon as possible in accordance with Prison Procedures.
o Every prisoner on admission must be provided with, and must study information regarding their rights, the rules and regulations of the prison, any disciplinary requirements and the authorized methods for seeking information or making complaints or requests. Provision of such information can be verbal or written but must be in a form or language that is understood by the prisoner
Prisoner Security Classification is determined in accordance with the prison procedures and are guided by the following :
o Prison chief are responsible for determining and reviewing the security classification of all prisoners in their prison. This is initially based upon the determination of the court, the nature of the offence and the history of the convicted person and is reviewed twice yearly.
o Male and female prisoners must be accommodated separately.
o The following prisoners shall be accommodated separately, where the prison permits :
§ Prisoners under the age 18 years from older prisoners.
§ Detainees from convicted persons.
§ Prisoners who have escaped from prison or have acted contrary to the security and good order of the prison.
§ Prisoners who have committed felonies prisoners are separated from prisoners who are convicted of minor offences or misdemeanours.
§ Prisoners diagnosed with a physical or mental illness or injured which impact on their own health and welfare or other prisoners must be separated.
Rehabilitation of prisoners to prepare them for reintegration into the community has been identified as issue to improve overall management of prisons in Cambodia. Whilst this is not yet in place in prisons in Cambodia, there is recognition of the need to commence this process from the point of reception of a prisoner into the system to identify and plan for individual prisoner needs for eventual reintegration into society. Introducing prisoner rehabilitation programs will required the Department to further develop the organization, the systems and processed to undertake this task. The models and lessons learnt from other countries will provide valuable information to Cambodia Prisons to undertake this process.