Prison System in Bangladesh

Introduction
Prison is a correctional institution where persons are confined while on trial or for punishment. Historically the prisons of Bangladesh are primarily concerned with punishing offenders through incarceration. Bangladesh is far behind in conforming to international standards for prisons. It has not yet been able to implement all the recommended reforms. Bangladesh is committed to treat "all persons deprived of liberty with humanity and with respect for the in-herent dignity of the human person. Bangladesh is also committed to segregating under-trial prisoners from convicts and juveniles from adults, to bring prisoners as early as possible to trial, and to ensure humane treatment of all persons in custody. The ! "tandard #inimum $ules for Treatment of %risoners provides guidelines for the fair treatment of prisoners and the management of prisons. It re&uires states to observe the fundamental principles of security of life, health and personal integrity, non-discrimination in the treatment of prisoners, and to create conditions that allow prisoners on release to adjust and integrate into normal community life. It further re&uires the jail administration to respect prisoners' right to information regarding jail regulations, as well as rights to religious belief and communication with the family, and to notify the family of a prisoner(s death on illness.

Bac)ground of Bangladesh %rison

The exiting prison system of the country was introduced by the British rulers. It came into being as a weapon of control and suppression to protect the colonial interest of the British rulers. It was never designed as an institution for correction. In course of time the colonial rulers felt the necessity to bring some reforms, but that also was limited mostly in the management aspects than in the system itself. A series of prison reform committees were formed in !"#, !#$, !!% and !%&. The recommendations of these committees were consolidated in !%$ and later in %'' it appeared as the first ever Prisons Act of the region. In line with this Act the first ever (ail reform too) place in %"*. The present +ail ,ode of !#$ is in fact the compilation of orders, internal circular and notifications issued from time to time since !#". The laws governing Bangladesh prisons, namely the Prison Act of !%$, its accompanying -ules, and a range of internally issued circulars, notices and orders +ail ,ode of %&'. The *ivil %rocedure *ode,+,-. the Penal ,ode !#', the ,ode of ,riminal Procedure !%!, the /unacy Act %+/ and the ,hildren0s Act %*$

The "pecial %ower 0ct,+,12

Types of prisons
There are eighty prisons in Bangladesh of which nine are central (ails, fifty1 five are district (ails and sixteen (ails are in upa2illa level 34pa2illa (ails are defunct5. Apart from these formal prisons, vagrant homes and (uvenile correction centers are the extended forms of prisons. At present there are six vagrant 6homes7 and two correction centres in the country run under the control and supervision of the 8epartment of 9ocial 9ervices. People apprehended by police on different grounds of vagrancy etc and alleged (uvenile offenders are )ept in these institutions until their legal guardians are found or terms of detention is over or are 6properly rectified7. There are nine central +ails in Bangladesh1 . 8ha)a ,entral +ail 8ha)a ,entral +ail 4nit1 ,:ashimpur,;a2ipur, 8ha)a ,entral +ail 4nit1&,:ashimpur,;a2ipur 8ha)a ,entral +ail 4nit1",:ashimpur,;a2ipur &. ,hittagong ,entral +ail ". <ymensing ,entral +ail $. -a(shahi ,entral +ail =. ,omilla ,entral +ail #. +essore ,entral +ail *. 9ylhet ,entral +ail !. Barisal ,entral +ail %. -angpur ,entral +ail The !' prisons in Bangladesh can be divided into two ma(or types>1 *entral 3ails- ,entral +ails are for the confinement of prisoners under trial, administrative detainees and convicted prisoners sentenced to a term of imprisonment, including imprisonment for life, and the death sentence. There are nine such central (ails, which could also be called maximum1security prisons.

&

4istrict 3ails1 8istrict +ails located at the head?uarters of the district, are used for the confinement of all categories of prisoners, except those convicted prisoners whose sentence exceeds = years. 8istrict (ails also hold long1term convicted prisoners if ordered by the Inspector ;eneral of Prisons@8eputy Inspector ;eneral of Prisons. There are == such district (ails, which could be called Amedium security prisons.A There are other two )inds of +ails in Bangladesh "ub 3ails- 9ub +ails are located at the administrative head?uarter of a sub1division. They mainly hold the under trial prisoners and short term convicted prisoners. The design capacity ranges from *' to &''. Thana jails-In addition to central and district (ails, there are # Thana (ails, )nown as "detention houses," located at # Thana head?uarters. If Thana (ails are included, there are some !' (ails in Bangladesh.

%rison 0dministration
The <inistry of Home Affairs, through the 8irectorate of Prisons, exercises overall responsibility for proper management of the prison system. Bne Inspector ;eneral wor)s as the chief of Bangladesh called I; prison. There is also a post of additional Inspector ;eneral each prison is administered by sergeants, guards and other prison staff, under the supervision of the 9uperintendent of +ails. In the districts, the highest civilian official, the 8eputy ,ommissioner, oversees the wor)ing of the (ails, and is expected, along with district (udicial officers, to visit the (ails to supervise their management and receive complaints, if any, from the prisoners. Health services to them are provided by the staff of the district hospital.

"

The hierarchy of %rison 0dministration

Inspector ;eneral of Prison

Additional Inspector ;eneral of Prison

8eputy Inspector ;eneral of Prison

9enior +ail 9uper

+unior ,onsultant

Assistant +ail Inspector

+ail 9uperintendent

9ub1+ail 9uperintendent

+ailor

8eputy +ailor

9ergeant Instructor

,hief +ail ;uard

<etron

+ail ;uard $

"tructure
<ost of the buildings providing accommodation for prisoners were built during the British period. 8ue to crac)ed rooftop, old electric wiring and inade?uate sanitation facilities, these buildings have become ris)y for the prisoners to live in. ,apacity versus Prisoners when it established first

3ail 8ha)a ,hittagong <ymensing

5stablished *!! !!= !!*

*apacity &='' '$* *&=

!umber of %risoners &''' $*'' "'''

Source :( Justice for Children, Annual Report 200 !

The government has recently established a new (ail in :ashimpur of ;a2ipur to reduce the pressure on the over1crowded 8ha)a ,entral +ail, on &' acres of land with the capacity of &''' male and "'' female prisoners. 9ome &'' prisoners have already been transferred to :ashimpur (ail. ,onstructions of new (ails are also in progress in the new districts.

*apacity
All the (ails in Bangladesh can accommodate a total of twenty four thousand five hundred and thirty eight 3&$, ="!5 prisoners. In an estimate 3in &'' 5 a total of sixty four thousand eight hundred and ninety 3#$,!%'5 prisoners were staying in the (ails which means the number of prisoners in the (ail is three times higher than the actual capacity. Bf them ,!&* are women, '&% are children, including &% girl children. In %% the figure was only forty thousand. In the last one decade the number of total prisoners has increased by twenty one thousand whereas the capacity of the (ails increased only by about three thousand. In &'' , a survey was conducted in different (ails to find out the actual number of women and their children living in the (ails against the capacity of the (ails. Comen and ,hildren living in different (ails in &'' . 3ail ,omilla -a(shahi 8ha)a ,hittagong 0ccommodation for women !umber of 6omen and *hildren && $ !$ * = *! D & ,hildren !'D= ,hildren $''D ! ,hildren %'D ' ,hildren

Source:(Justice "or Children, Annual Report 200 !

According to a government order 3order no.%$&5, women prisoners are allowed to )eep their children with them up to four years of age but it could be extended up to # years with the permission of the respective superintendent of (ail. ,hildren with their mother usually remain uncounted, as they are not sub(ect to receive any material support from the (ail. :eeping the children with the convicted and under trial prisoners is very common when even )eeping the adult convicted and under trial together is prohibited by rule 3+ail ,ode 1-ule # # and % '5. #onth78ear +anuary &'' +anuary &''& +anuary &''" +anuary &''$ +anuary &''= +anuary &''# +anuary &''* <ay &''* +uly &''! capacity &",%$& &$,%%* &=,' ! &=,"%# &#, =* &*, & &*,&=$ &*,&=$ &*,$= !umber of %risoners #',!!* #&,$!# *=, "= #%,= % *$,* ' *&,!"# #!,&*! !=,%$ !*,'

"ource9 The 8aily +ugantor, $ +uly &''!. <ost dreadful fact is that the children and adolescents have to stay with notorious under trial terrorists and drug addicts. 9tatistics show that there are children and adult who remain under trial for more than five years when the alleged offence only deserve an imprisonment of only &@" years.

*lassification of %risoners
Prisoners are divided into three categories 8ivision I 8ivision II 8ivision III 4ivision I and 4ivision II inmates- 8ivision I and 8ivision II inmates are person who 6by social status7, education and habit of life have been accustomed to superior living standards73Bengal (ail code, %"*,page1" "5. 4ivision III inmates The third category is a residual category consisting of 6prisoners who are not classified in first or second division73Bengal (ail code, %"*,page1" "5.Political prisoners are another class and generally receive better treatment in the (ails. Political prisoners according to Bengal (ail code are those who have been convicted of an offense committed with political motive rather than more common pecuniary offence. 8ivision III prisoners are further divided into 6star class7 and 6ordinary class7. The star class is comprised of convicts who are first time offenders.

In general, the division and the political prisoner are the most privileged class in the (ail. The daily and the wee)ly newspapers are supplied to the division prisoners from a government approved list and sub(ect to censorship. They are allowed more visiting time with relatives and friends. Brdinary prisoners are not entitled to have a newspaper

:iving *onditions of %risoners

0ccommodation The living conditions of prisoners in (ails are unhygienic. Two types of accommodation are available in prisons> cell accommodation and accommodation in association wards@dormitories. *ell accommodation-This is for accommodation of classified prisoners, execution of (ail punishment, segregation of confessed prisoners, and prisoners condemned to death. 0ssociation wards1 Eor all types of prisoners, including hardened criminals, occasional offenders, and youth offenders. PrisonerFs are re?uired to sleep together in single dormitories, accommodating about '' to =' prisoners.. <oreover, floor space allocation bears witness to the poor conditions in which prisoners are )ept. 4nder dormitory rules, each prisoner disentitled to "# s?. ft. of floor space. however, overcrowding has reduced the space available per prisoner to = s?. ft. In certain wards, prisoners have to sleep in shifts owing to lac) of space.

5ducation and recreation

-ecently government has introduced compulsory primary education in all (ails of Bangladesh. Besides there is a provision for appointing teacher on short term for <uslim0s to give religious teaching in all (ails. Prisoners who want to pursue formal education have to bring boo)s from outside. Go arrangement for children0s recreation is available there.

;ood
According to the ,ode each convicted prisoner is supposed to get &=' gm 3= chata)5 of rice, &= gm of roti while the persons in loc) up will get &''gm 3$ chata)5 of rice, !* gm roti everyday. Apart from these, prisoners are supposed to get "" gm of vegetables and *& gm of fish or @meat. Chatever they receive is very scanty and sub standard. They get fish@meat once a wee) and for brea)fast 3at !>'' am5 a piece of hard bread and some molasses. In the afternoon they get rice, vegetable and pulse 3at &>'' noon5. 9upper is served at $>'' pm. Eood poisoning in very common in the (ail. Bn +une &&, &'' , "'' prisoners in +essore (ail were attac)ed by severe diarrhea. As mentioned earlier, the situation is reverse for those who can pay. Again children are more vulnerable in such situation.

Eollowing is the menu for children as per law> . Geo natal1 below & months as much mil) re?uired &. &1 ! months1 mil) "''gm3# chata)5, rice ''gm3& chata)5, and pulse &=gm". !1 &$ months1 mil) "''gm 3# chata)5, rice &''gm 3$ chata)5 and pulse &=gm

4ress and cosmetic

Hach prisoner is entitled to get a plate, dish, glass, and three coarse sheets 1 one for using as pillow, one for bed sheet and another for wrapping body. Hveryone has to sleep without mos?uito net. 8uring the winter no additional clothes are provided. Bnly the convicted prisoners are entitled to dress. Hach convicted male gets & shirts, & pa(amas, & towels and a cap whereas each woman gets & saris, and & blouses. A small amount of oil and I of soap is distributed every wee). <ost distressed are vagrant boys and girls.

#eeting the $elatives

The privilege of having visitors or of visiting oneFs own family is very much restricted. Inmates are not allowed to have con(ugal or family visits under any circumstances. Prison authorities do sometimes grant a short furlough for a few hours to the division prisoner for emergency occasions, such as a death in the immediate family. Jisitors from approved family are allowed at specific inter The relatives of the prisoners can meet the prisoners thrice a wee) by paying T) & for every visit. There are allegations that such meeting can be arranged any time by bribing the prison officials.

%rogrammes in 3ails
There is no counseling or therapy provided in (ails. Inmates do not have access to telephones and law libraries. There are no day rooms, exercise area or dinning facilities for the inmates. Critten correspondence with family and outside is very limited. Brdinary prisoners can write one letter in a month, division prisoners can write twice in a month. But in reality some poor and illiterate inmates cannot ta)e this advantage

3ail industry and jail labor

According to the system prisoners sentenced to rigorous imprisonment have to render their labor in the (ail for the production of different items. There are about $& )inds of fixed trades in the (ails. Among them production of oil from oil seeds by hand mill, ?uilt ma)ing, leather products ma)ing, coo)ing, shoe polishing are common. Gew trades have been added li)e boo)binding. In the past prisoners revolted against the system of sending them as domestic helps in the private house of the (ail officers.

There are certain (obs, which are earmar)ed for the children. They are> . Catering trees@ ;ardening &. 9hoe polishing ". ;rass cutting for the ,attle of the officers $. Hntertaining 3K5 officers @ Adult Prisoners =. 8omestic Helpers 9ince %*& about &= revolts too) place in different (ails. In most cases government has controlled them with iron hands. According to government estimate about &=1%' people were )illed, who are ?uite young in age. +ail revolt ma)es children and women more vulnerable, because in many occasions they are ta)en as hostages. Eorced hunger stri)e is not new in the (ail. This also brings immense sufferings for the children and women.

<ealth ;acilities in %rison

Bver the years, the steady rise in the prison population has not been accompanied by any initiative to set up new hospitals or to improve health care facilities in existing (ail hospitals. According to the 8I; 3Prisons5, AGot only the general prisoners, every one in (ails suffers because of the shortage of doctors and other health care facilitiesA. -eportedly there are only # doctors against ** posts to loo) after about %',''' inmates in (ails all over the country. Hospital facilities are available in twelve prisons only and the remaining prisons lac) any such health service facilities. none of these hospitals has an ambulance for emergency transport. 4sually, these hospital beds are occupied by rich and powerful prisoners. so that other prisoners in serious condition are denied access to appropriate treatment. Bn the other hand, the JIP prisoners get extra priority and advantages in treatment. they even occupy all beds for prisoners available in speciali2ed prison wings of ;overnment hospitals. <ost of their prison time in hospital bed. The Inspector ;eneral of Prisons said, 6There is a tendency of ailing high profile prisoners to get hospitali2ed and stay there as long as possible. It was also revealed that in many cases the doctors concerned at hospitals let them prolong their stay citing various made1up causes and excuse.7 3 "ource> The 8aily +ugantor, % Bctober &''!.6:aragare baitho)er roshoshsho ummochon shiggire7 9hamo)al, 9eptember &''!. In?ilab, &$ April &''!. 5

%roblems in Bangladesh %rison

It is noted that prisons still follow the outdated statute boo)s of the British colonial rulers, which were framed in the %th century. According to these old statutes, the main ob(ective of the prison system was the confinement and safe custody of prisoners through suppressive and punitive measures. There has been no significant modification in the (ail code, nor have the vital recommendations of the +ail -eform ,ommission been implemented. A full transformation of this punitive system is re?uired in order to stop violation of the legal rights and human security of prisoners, as guaranteed by Article $$ of the ,onstitution. The recruitment and training procedures of prison officers and staff under existing rules and procedures are insufficient for the needs of prisoners. Prison services in most developed countries are considered to be ?uite advanced as correction officers are educating offenders, as part of the effort to facilitate the reform and eventual reintegration of prisoners into society. This contrasts with the prison system in Bangladesh, which is geared towards containment and punishment of prisoners, and does not facilitate their reform. Hence, prison officers and staff are not recruited with appropriate s)ills nor trained ade?uately to encourage reform. Thus the main problems are as follows> L Inade?uate medical facilities inside prisons. L /ac) of monitoring of prisons. L /ac) of welfare measures and reform programmes. L ,orruption in tendering contracts and interviews. L Inade?uate attention to women and child prisoners. L Inade?uate vocational training facilities.

=ver *rowding
Bver crowding continues to be a chronic problem in Bangladesh prisons, and is a ma(or cause of poor prison conditions. In the recent past, overcrowding of prisons has worsened significantly. Although there are !' (ails in the country, # of these are not yet functioning. And whereas the official capacity in the remaining #$ (ails is & ,=! prisoners, the actual prison population was about $#,$$$. Bf these, " ,'&' were under trial, i.e. detained prior to conviction, while only ", *! 3less than one third5 were convicted prisoners. Mear %%" %%$ %%= %%# %%* -egistered capacity &',%!' & ,&$* & ,&$* & ,=! & ,=! Actual population $ ,# ! $ ,!# $&,*#! $",'%= $=,$$" ,onvicts =,'=! =,=#$ =,*'= &,* $ ",'*! 8etainees !&" %! ,&= ,""$ ,"$=

Source: Human Security In Prisons: The Quest For Protection And Reform Of Prisoners

'

4nder trial prisoners include those waiting for trial and those whose trials are in progress Hence, overcrowding of prisons is due mostly to the large number of prisoners awaiting1trail. This is considered to be one of the main causes of human security violations in Bangladesh. In +anuary &''!, the total number of prisoners stood at about *!,''' against a capacity of &#,''' only. This number exceeded !#,''' in +une when the capacity had increased up to &*,"#!.Prisoners, even women prisoners. have to sleep in shifts due to shortage of sleeping space. The 8ha)a ,entral +ail has above Prison population between +anuary &'' to +uly &''! <onth@Mear +anuary &'' +anuary &''& +anuary &''" +anuary &''$ +anuary &''= +anuary &''# +anuary &''* <ay &''* +uly &''! capacity &",%$& &$,%%* &=,' ! &=,"%# &#, =* &*, & &*,&=$ &*,&=$ &*,$= Gumber of Prisoners #',!!* #&,$!# *=, "= #%,= % *$,* ' *&,!"# #!,&*! !=,%$ !*,'

Source: The Daily Jugantor ! July "##$%

',''' inmates, three times more than its actual capacity of &,#!& only.= The ,hittagong ,entral +ail accommodated #,$#! prisoners, against a capacity of ,='* only. The usual overcrowding were exacerbated by the sudden (ump in Nmass arrestsF. -eportedly between &! <ay1 & +une, on average some ,#%! persons were arrested every day, compared to ,&% in <ay1+une &''*. The conse?uent over crowding, and scarcity of food space and facilities has encouraged further corruption and malpractice in the (ail administration. -eportedly the prison authority terminated at least "' prison staff to control corruption. Bangladesh has a capacity of holding &!,"%$ prisoners in all its prisons. Cith !", "# inmates in these prisons, the occupancy ratio is &%& per cent. Bvercrowding is obviously more acute in 8ha)a ,entral +ail, as with a capacity of &,#!& inmates, it currently occupied by ,' $ prisoners. This is $ ' per cent of the prescribed habitation. The other ## prisons outside 8ha)a have a current occupancy ratio of &!' per cent, where *&, && people are living in a space for &=,* & people. Eor the prisoners ordained to die, there are # cells in the country. The occupancy ratio of these cells is $ per cell in 8ha)a, and ' per similar cells in the country0s other prisons.39ource> Hasanat Alamgir and Habibur -ahman,the 8aily 9tar,+une ",&''$5

4elays in 3udicial %roceedings

8elayed processing of criminal cases is mainly due to 3a5 a bac)log of cases in which bails are not granted. 3b5 non1attendance of wit1nesses on the date of the hearing. 3c5 unnecessary ad(ournment. 3d5 delays in completing investigations. 3e5 acute shortage of (udges and magistrates. 3f5 tendency of lawyers and par1ties to delay trials. and 3g5 lac) of vigilance on the part of (udges and magistrates 3as agreed by learned (udges, magistrates and eminent lawyers5.The categories of crimes for which prisoners are accused in prison are illustrated in Table ,ategories of crimes for which prisoners are accused "l. !o. . !ature of crime Possession of illegal arms <urder 8acoit and dacoit with murder ,ruelty to women and children Theft and others #ale =,"$$ ;emale "" Total =,"** & %er cent

&. ".

',#=$ #,#'=

"=' "!

,''$ #,#$#

&$ =

$.

$, $

"%%

$,=$'

'

=. Total

*,&'& $",%$#

#*! ,$%!

*,!!' $=,$$*

"% ''

Source: Human Security In Prisons: The Quest For Protection And Reform Of Prisoners

nhygienic :iving *onditions =f %risoners

The living conditions of prisoners in (ails are unhygienic. This is due to overcrowding of the prisons with the large numbers of6undertrials7. Two types of accommodation are available in prisons> cell accommodation and accommodation in association wards@dormitories. ,ell accommodation-This is for accommodation of classified prisoners, execution of (ail punishment, segregation of confessed prisoners, and prisoners condemned to death. Association wards1 Eor all types of prisoners, including hardened criminals, occasional offenders, and youth offenders. Prisoners are re?uired to sleep together in single dormitories, accommodating about '' to =' prisoners. Hardened criminals influence occasional ,ategories of crimes for which prisoners are accused youth &

offenders who form gangs within the prisons, mostly with a view to committing serious crimes after they are released. Hence (ails have become 6storehouses7 to train criminals. <oreover, floor space allocation bears witness to the poor conditions in which prisoners are )ept. 4nder dormitory rules, each prisoner disentitled to "# s?. ft. of floor space. however, overcrowding has reduced the space available per prisoner to = s?. ft. In certain wards, prisoners have to sleep in shifts owing to lac) of space. Einally, life in prisons is made worse byte smells of carbon dioxide, nicotine, sweat, and urine emerging from uncovered urinals, which create an unsanitary atmosphere inside the congested wards. These are painful ex1amplest of the denial of the legal rights of in1mates. PrisonersF food There are two )inds of diets for inmates. Br1denary prisoners receive &,!'' to ",''' calories per day, which is considered satisfactory by the Institute of Public Health Gutrition. However, so1called 6classified prisoners7 receive an additional amount of food. The existence of this privileged class of prisoner creates dissatisfaction among ordinary inmates. Eurthermore, the manner in which the prisoners are re?uired to eat their mealsOsitting on the ground under the open s)y, rain or shine, is unacceptable.

:ow ;acility in *lothing and bedding

The current striped, coarse uniform worn by ordinary prisoners is considered most demorali2ing. A bed consists of two blan)ets, one to spread on the floor, and another to use as pillow. This is both inade?uate and degrading. 9uch conditions are detrimental to prisonersF physical and mental health, and in violation of their human rights.

=utdated %rison :aws and $ules

It is noted that prisons still follow the outdated statute boo)s of the British colonial rulers that were framed in the %th century Ac1cording to these old statutes, the main ob(ective of the prison system was the confinement and safe custody of prisoners through suppressive and punitive measures. There has been no significant modification in the (ail code, nor have the vital recommendations of the +ail -eform ,ommission been implemented. A full transformation of this punitive system is re?uired in order to stop violations of the legal rights and human security of prisoners, as guar1anteed by Article $$ of the ,onstitution.

Inade&uate #edical ;acilities inside %risons

There is no medical staff within the 8irectorate of Prisons to provide medical services in (ails. <edical staffs currently are 6borrowed7 from the <inistry of Health and conse?uently often refuse to follow instructions from prison officers to ensure the efficient running of prison hospitals, causing serious setbac)s with respect to ade?uate medical treatment of ailing prisoners. This creates dissatisfaction among prisoners, as well as disciplinary problems for the administration. There are no paid nurses in the hospitals. /iterate convicts wor) as hospital attendants without training. There are no doctors available at night to attend to emergency cases and no women doctors or nurses to at1tend to female patients in the female sections of (ails. <ale doctors attend to female patients, thus exposing these women to possible sexual abuse or violence. This is considered to be serious violation of womenFs rights, as guaranteed in the "

,onstitution. In addition, the number of doctors is ?uite disproportionate to the si2e of the prison population. Go pathological, radiological, or cardio logical facilities are available in the prisons. A very predictable result of overcrowding, malnutrition, unhygienic conditions, and absence of medical care is the spread of contagious diseases, often leading to premature disability and deaths in prisons. Tuberculosis continues to devastate prison populations around the world, and there is no reason why its havoc should be any different in Bangladesh. 9ic) inmates carrying virulent pathogens, infect other new prisoners, and constitute a serious threat to public health when they are released. It is important to )eep a prisoner with a contagious disease in ?uarantine, or in a separate cell.

:ac) of #onitoring of %risons

8istrict magistrates and@or deputy commissioners are re?uired to visit the (ails once a wee) under rule $! of the +ail ,ode, vol. . How1ever, they seldom perform this duty, thus al1lowing serious violations of prison rules by prison officers to go undetected. This can lead to discipline problems in the (ails, potentially leading to insecurity throughout the country. The (udicial authorities concerned often fail to perform their duties. This causes delays in the disposal of long1pending cases, which remain undetected, denying prisoners their rights to put forward grievances to the relevant magistrates or (udges, and to end prolonged detention without trial. The irregularity of monitoring visits can be detrimental to the rights of prisoners. It is also evident that complaints against prison staff from prisoners to inspecting officers and visitors often result in mal1treatment, thus worsening the conditions imprison even further. Hence, few prisoners currently dare to complain to inspecting officers or visitors.

:ac) of 6elfare #easures and $eform %rogrammes

Celfare measures for the benefit of prisoners are extremely inade?uate. There are no trained social welfare officers in prisons to investigate physical aspects such as food, clothing, medical care, sanitation, and water supply within the prisons. There are no trained social wor)ers or psychologists to provide for the psychological needs of prisoners. The use of corporal punishment, such as hand1cuffing and the use of fetters, shows that the concepts of punitive treatment and physical repression are deeply rooted in the system. 8uring discussions with prison officials, it should be noted that most were in favor of using fetters in case of breaches of prison rules, as well as to restrain prisoners. It should be mentioned that there are no programmes in BangladeshFs prisons for the reform and rehabilitation of offenders. These contribute to the rising crime rate, since most prisoners return to society, not as reformed individuals, but as hardened criminals. This is caused in part by the absence of ade?uate training for prison officers and staff. Internal assessment procedures for the promotion of officers and staff are also lac)ing, which leaves the administration of prisons in the hands of untrained and inefficient officers and staff. This can be cited as one of the main reasons for the mismanagement of prisons and the denial of legal rights to prisoners.

*orruption in Tendering, *ontracts and Interviews

$

There are two committees, one for the selection of tenders and the other for acceptance of tenders, composed of department officers 3under governmental executive order5. The committee for selection of tenders is headed by the 8eputy Inspector ;eneral 38I;5 of Prisons. he meets concerned parties at the various (ails biannually for selection. But ten1dears are accepted centrally by the Inspector ;eneral of Prisons, with the help of a commit1tee formed with his officers at the prison directorate. It is felt that selection and acceptance of tenders by department officers can promote corruption. The existing interview system is also inade?uate and open to corruption. At present one interview per month is granted to an ordinary convict. ,orrupt practices prevail among certain classes of officers in granting interviews to inmates.

Inade&uate %rotection of 6omen and *hild %risoners

The confinement of male and female prisoners in the same (ail without separate areas is harmful to women who are more easily sub(ected to physical and sexual abuse. 9erious violations have occurred in the past, such ass :hulna +ail, during the %!'s. In addition, the practice of male prisoners coo)ing and serving food to female prisoners is also open to abuse by the male prisoners. There are about &=* children below the age of # under trial in various prisons of the country. Bf these, about '' children are detained in 8ha)a ,entral +ail. Erom the available statistics, we gather than some =,='' adolescent convicted prisoners between the ages of # to& are confined in various (ails of the country. They are exposed to serious contamination by the adults in the (ails meant for all classes of prisoners.

Inade&uate >ocational Training ;acilities

Jocational training programmes currently available in prisons include barber shop training, laundry wor), woodwor), metalwor), car1pet and cloth weaving, and wool )nitting. How1ever, these programmes are not sufficiently developed to cater for all classes of prisoners. Activities are allotted to prisoners by the (ailer without any consideration of s)ills, whereas these should be assigned under supervision of the superintendent to reduce the ris) of corruption. ;overnment pro(ects ;rowing awareness of the problems identified above has led the ;overnment to adopt the following pro(ects to improve the state of prisons .Chen these pro(ects are completed, the over1crowding problem will be eased to some ex1tent, and a more congenial atmosphere will be created for reform activities, by way of ex1tending vocational, religious and academic training facilities to inmates. It may also be possible to grant some monetary remuneration to wor)ing convicts in the newly expanded industries for their future rehabilitation. 9ome G;Bs and businesses are already assisting released offenders by providing them with employment for their re1sociali2ation. Einancial support for the new and additional pro(ects will be made available from government agencies and international

%rison >iolence
=

In general it is hoped that whatever inhuman environment exists in (ails lives are secured there. But in (ails of Bangladesh prisoners have not only been attac)ed and in(ured but also )illed in the hands of terrorist prisoners. The terrorist prisoners in (ails abuse children and adolescents every now and then. >iolence is common at the prisons. Inmate1on1inmate violence is an unsurprising result of official slac)ness. By neglecting to ta)e charge of the inmates within their facilities, by failing to act in response to incidences of violence, by wic)edly allowing the entry of armaments into the prisons, and by generally abetting the domination of the strongest prisoners over the wea)est, prison authorities are directly liable for the violence. 5?tortion by prison staff and corruption of the guards is common. ;iven the extensive power that prison guards exercise over inmates, these problems are obvious. The poorly paid guards try to complement their regular earnings by exploiting the prisoners as bait for their friends and relatives. In exchange for smuggled goods or special attention and treatment, inmates supplement guards0 salaries with bribes. Powerful and rich inmates often en(oy rich diets and comfortable lodgings, while their less opportune brethren live in nastiness. It is alleged that some criminals, in collaboration with the prisons guards, )eep on operating and networ)ing their gang activities outside while being loc)ed up inside the prisons.

4eaths in %rison
According to A9: documentation, # prisoners including "* under trial prisoners died in (ail or in (ail hospitals up to "' 9eptember, &''!3+ugantor, $ +uly &''!. && 6<oulviba2ar +ail Turns into a -ectification ,entre7, Gew Age, ' April &''!. &" 6Eactory opens inside 8ha)a (ail to rehabilitate prisoners7, The 8aily 9tar, $ Govember &''!.5 . According to the prison authorities, many died from sic)ness. It was reported that at least $% prisoners were admitted into 8ha)a ,entral (ail hospital with serious in(uries and wounds but failed to get re?uired urgent treatment outside the prison. Besides the deaths for various causes, two convicts were hanged to death upto Govember this year and one convict 3who was a freedom fighter5 sentenced for hanging was pardoned by the President (ust a few hours before his execution at the personal re?uest by the Army ,hief of 9taff.

%rison >ans9 another instrument of punishment and abuse

In 8ha)a there are nine prison vans for transporting prisoners to and from the court. Bn an average at least two of them remain out of order. About #'' under trial prisoners come from (ail and another #'' come from & police stations of the capital city daily. Hach van can carry only twenty1five prisoners at a time, which means these seven vans would re?uire two days to bring all these prisoners to the court and ta)e them bac). To cover the time prisoners are brought to the court inhumanly in the overcrowded prison vans. In such a situation separate room for women and children in the prison van is unthin)able.

$ecommendations and $eform 0genda

Butdated laws and procedures concerning prisons should be amended to institute a more humane and sophisticated approach. It is important to promote the concepts of prison reform and the protection of human rights and security of prisoners based on the evidence that such treatment is more effective than retributive treatment. This is particularly true for vulnerable groups such as children and women. 9o speedy implementation of the recommendation of the Bangladesh +ails -eform ,ommission -eport of %!' in order to reform the current punitive emphasis of treatment in Bangladesh prisons is imperative. . It is recommended that there should be separate prisons for female prisoners, near the larger central and district (ails. The Prison 8irectorate should have its own medical services, with doctors who are interested in providing medical services in prisons as a career, to be recruited by the <inistry of Home Affairs through the Public 9ervice ,ommission. Pathological, radiological and cardiological personnel and facilities should be made available in (ail hospitals. There should be one part1time cardiologist with a technician for each central (ail and complicated cases from the district (ails could be transferred to the central (ails for diagnostic tests and treatment. one well1 e?uipped operation theatre for minor operations should be at every central (ail.

&. Patients with complex cases should be sent to external hospital for speciali2ed treatment. There should be separate segregated wards in prison hospitals to treat prisoners suffering from infectious diseases and drug addiction. The re?uired number of modern appliances 3P1ray, H,;, and reagents5 should be procured from the central medical store or other sources. Eacilities for the speciali2ed treatment and ma(or operations of ailing prisoners as existing in many developed countries, as well as in some developing countries, should be made easily available 3such as postgraduate 3P;5 prison annex5 The following initiatives should be ta)en for medical facilities in prison a. Improvement in the prison laboratory facilities b. Perform culture sampling of suspected cases which have negative sputum microscopy results c. Improve prison x1ray facilities 3for AEB 1ve suspected cases5 d. Prisoner education@motivation 3TB signs@symptoms, stop spitting, regular anti1TB drug inta)e5 e. 8evelop proper referral system post (ail release f. 9trengthening TB control programme in other (ails of country

". Better monitoring of the performance of prison staff should be underta)en in order to remove anomalies existing in prison administration. Eormal complaint mechanisms for prisoners are recommended to reduce human security violations. The system of visits should be improved so that it provides chec)s and balances to the administration of prisons. There is a need to increase the capacity of the police to cope with improved techni?ues adopted by criminals and the alarming rise in crime rates.

$. Better monitoring of the performance of prison staff should be underta)en in order to remove anomalies existing in prison administration. =. Eormal complaint mechanisms for prisoners are recommended to reduce human security violations. All prisoners should have access to court proceedings, Prisoners should also be allowed to send complaints against prison officials directly to the <inistry of Home Affairs, without censorship by (ail authorities to obtain redress of grievances and stop security violations inside prisons. The system of visits should be improved so that it provides chec)s and balances on the administration of prisons. Julnerable groups should be able to put forward their grievances to visitors for redress. Jisitors should have free access to all classes of prisoners, except political prisoners. This will enable visitors to hear complaints from prisoners on possible security violations by prison officerFs guards, and to ta)e them up directly with the <inistry of Home Affairs. The conditions for prison officers and staff should be improved. 9ince prison officers are wor)ing under difficult circumstances they should be allowed better scales of pay and allowances, at a par with the police.

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!. A reform programme should be introduced whereby individual prisoners are given treatment based on their different needs. Jocational, academic, and religious training facilities should be made available to individual prisoners for their reform and resocialisation. 8iagnosis of individual prisonerFs treatment needs is essential. <ore emphasis should be placed on the diagnosis of the specific problems. 9uch a reform programmes should include modern methods of classification of offenders through psychological, psychiatric and sociological tests. A7 classification board7 consisting of the head of prisons, a psychologist, a psychiatrist and technical and medical staff, could be established. The following should be the basis of classification system for offenders, in terms of custodial and treatment considerations %. Bangladeshi prison officials and guards need to be educated and trained to treat prisoners with due respect for their intrinsic self1respect and value them

as human beings. Pre(udice on the basis of race, sex, religion, political or other opinion, and national or social origin must be done away with. '. Prisoners should be allowed to practice their religious rituals. All prisoners should have the right to ta)e part in cultural activities and education directed to the full advancement of human potential . Policy formulations are needed to enable prisoners to underta)e meaningful wage1earning (obs inside the prisons, which will allow them to contribute to their own financial support and to that of their immediate family members, and facilitate their reintegration into the country0s labor mar)et when they come out after serving their time &. Prisoners must have the right of entry to the health services available in the country without unfairness on the standing of their legal status.

*onclusion
Eailure to improve the living conditions in Bangladesh prisons may lead to extreme anguish among the prisoners, and may direct them to ta)e violent public attention drawing activities, li)e hunger stri)es, self1mutilation, rioting, and other forms of dissent incident. Anyway -eforms, particularly prison reforms to deal with human security in our prisons, are understandably difficult to achieve. However, they can be brought about if concerted efforts are made by both govt. agencies in charge of prison administration and G;Bs and civil society to improve prison systems. The govt. has ta)en up some pro(ects to promote welfare of the inmates and bring them bac) to be integrated in society. Hopefully all concerned will ta)e it as a moral commitment for upgrading the human dignity.