Rights of Prisoners

Mohammed Tipu Sultan *

Prisons have not been high on the list of institutional reforms, even though their conditions
demand immediate attention. This chapter highlights some reforms which were accepted by the
Cabinet this year, and others which had been recommended by the Jail Reforms Commission. Its
description of conditions in prisons points to an urgent need for measures to be adopted in line
with Bangladesh’s commitments under the ICCPR and the UN Standard Minimum Rules for the
Treatment of Prisoners.
International and National Standards

Bangladesh is committed under the ICCPR, among others, to treat “all persons deprived of
liberty with humanity and with respect for the inherent dignity of the human person,” to
segregate under trial prisoners from convicts and juveniles from adults and to bring prisoners as
speedily as possible to trial.

The UN Standard Minimum Rules for Treatment of Prisoners [1] requires 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 for prisoners to adjust and integrate
into normal community life.

The Jail Code

Prisons are managed under the Prison Act of 1894, its accompanying Rules, and a range of
internally issued circulars, notices and orders which together form the Jail Code of 1920. Prisons
were earlier treated as punitive centres of confinement and they have remained as such in
Bangladesh. Little effort has been made by governments to change these into rehabilitative and
correctional institutions. Human rights of the prisoners, unfortunately, has never been a serious
concern for the public either. Human rights and legal aid organizations have drawn attention to
conditions in prisons which amount to inhuman and degrading treatment and can be a source of
violation of a person’s right to life and personal integrity. They have also pointed out that prisons
as they currently operate offer little scope for correction and reintegration into society.

The four types of prisons in Bangladesh set up under Rule 2 of the Jail Code maintain different
levels of security. There are six high security Central Jails in divisional headquarters for convicts,
under trials and detenus, which include prisoners serving life or death sentences. There were 32
medium security District Jails for all prisoners except long term convicts, and 26 sub-jails in
district headquarters which offered minimum security were for under trials and convicts
sentenced to less than five days. Sixteen thana jails were not functioning.

The Jail Code has divided categories of prisoners into those serving death or life sentences,
convicts, under trials, detenus, juveniles, women, and those in safe custody. There is a further
classification of prisoners entitled to ‘division’ or special privileges, determined by the ‘status of
the prisoner’. Male prisoners are not segregated, so that under trials or juveniles may live
alongside hardened convicts. Women stay in separate wards and it was planned to transfer them
to a separate jail.

Guidelines for the jail administration are also to be found in the Penal Code, 1886, the Code of
Criminal Procedure, 1898, the Code of Civil Procedure, 1908, the Lunacy Act, 1912, Police Act,
1861, Special Powers’ Act, 1974 and the Children’s Act, 1974.
Jail Reforms

Prison reforms are urgently needed. While Commissions were set up in 1957 and in 1978 to
recommend reforms, the process of implementing these has been extremely slow. The Munim
Jail Reform Commission Report recommended reforms in 1980, which have yet to be
implemented.

In 2002, the Government set up a Ministerial Committee for Jail Reforms, headed by the then
State Minister for Home Affairs.

The Committee held thirteen meetings between 2002 and 2006, and made several
recommendations. The Cabinet approved the draft proposals submitted by the Jail Reform
Committee for amendment of 146 out of 1,388 articles in the Jail Code 1920, [2] and withdrawal
of 192 articles. Some of the amendments were to:

 Appoint in each jail a social welfare officer, with a background in psychology or

sociology.
 Appoint a pathologist, radiologist, lab-technician and part time dentist along with
provisioning of medical supplies, to facilitate primary medical treatment and dental care.
 Install generators to overcome current outages.
 Construct watch towers and provide binoculars and wireless for improved security.
 Authorise the Jail Superintendent to grant a higher division (better grade of facilities) to
prisoners included in the warrant of precedence between one to eighteen, to prisoners
awarded with titles of Bir Uttam , Bir Bikram , Bir Protik , Independence and Ekushey
Awards, to Presidents and Secretaries of political parties represented in Parliament,
Professors Emeritus and commercially important persons.
 Allocate one bar of toilet soap and two detergent packets per month to each general
prisoner. Previously, prisoners were given soda only. Quantity of coconut oil for female
prisoners was increased.
 Reduce imprisonment periods to one third of the sentence.
 Reduce by half the sentences of prisoners not convicted for major offences.
 Not to impose hard labour such as brick breaking or earth-digging on prisoners.
 Provide necessary tools and skill training in sewing, bamboo and cane work for
rehabilitation of women prisoners.
  Supply additional cosmetics and other items to prisoners in the upper division wards.
 Provide fly proof nets, television and electric fans to each ward.
 Increase the quantity of food and improve nutrition of all prisoners irrespective of their
status.
 Improve nutrition for child prisoners of upto six years.
 Allocate extra clothing for women prisoners.
 Appoint imams for religious education of both male and female prisoners at an
honorarium of Taka 250.0 per visit.

Further Recommendations by the Ministerial Committee

The Ministerial Committee on Jail Reforms, at its meeting on 13 August, chaired by the Minister
of Law, recommended that:

 Sick prisoners given ‘division’ (better facilities) shall be entitled to treatment by the same
doctor whom they consulted before being imprisoned.
 Prisoners granted division may be allowed to receive food and bedding from their
families.
 Separate utensils should be supplied for use in toilets and for food.
 Prison authorities must justify in writing the use of bar fetters.
 Bar fetters should be made of plastic and leather instead of steel.
 No work that violates prisoners’ dignity should be assigned to inmates.
 Prisoners’ toilets must be clean and hygienic.

By the end of the year the recommendations had not been approved by the Cabinet, and are
therefore not yet in force.

Overcrowding

According to the jail authority, the number of prisoners in November 2006 stood at 66,778,
which exceeded the capacity of jails by 2.5 times. The number of inmates recorded in October
2006 was even higher at 72,013, which could have been because of the large number of arrests at
political rallies and demonstrations. [3] Sixty four per cent of the total number of prisoners were
awaiting trial. The number of women prisoners was 2,219 against the capacity of 1,131. There
was a decrease in under trial prisoners and detenues between 2005 and 2006.

Since the Upazilla jails were not functioning, prisoners were concentrated in central and district
jails, thus adding to the overcrowding. As the information maintained by the jail authorities was
consolidated for jails in each division, as given in Table VII.1, unlike in previous years, it was
not possible to assess the numbers of prisoners separately for central and district jails. The
highest number of prisoners was accommodated in Dhaka Division jails and the largest number
of under trial prisoners were in Dhaka, Chittagong and Sylhet jails .

Deaths in Jail Custody

Reportedly, 71 prisoners died in 2006 as compared to 86 in 2005 and 104 in 2004. [4] According
to the jail authorities 35 died of illness and 11 of heart attack. Of the 71 prisoners reported to
have died in 2006,

Table VII.1: Number and Category of Prisoners in all Jails (November-2006) [5]

Divisions Capacity Prisoners in Jail Number

Name foreign
………..Convicts …………… Under trials …………….Detainees prisone
under awaitin
…………………………………………………………………………. repatriat
SPA
M F Total M F M F M F M
Dhaka 8,231 328 8,559 8,150 264 15,360 593 07 – 27
Division(19
jails)
Rajshahi 5,186 287 5,473 4,382 152 7,298 263 – – 29
Division(16
jails)
Chittagong 6,965 218 7,183 5,273 119 12,438 407 05 – 144
& Sylhet
Division
(15 Jails)
Khulna & 5,714 298 6,012 4,957 170 6,463 244 01 – 25
Barisal
Divisions
(16 jails)
Total (66 26,096 1,131 27,227 22,762 705 41,559 1,507 13 – 225
jails)

45 were awaiting trial. Thirty one deaths occurred in Dhaka Division jails. Four prisoners were
reported to have died after torture and one committed suicide. Although post mortems are
supposed to be carried out in such cases, there was no public information regarding the
conditions which led to a prisoner’s death or whether any action was taken against the jail
official who may have been responsible.

Table VII. 2: Deaths in Jail Custody in 2006

Reasons for Dhaka Chittagong Rajshahi Khulna Barisal Sylhet Grand
death Division Division Division Division Division Division Total
Ct UT Ct UT Ct UT Ct UT Ct UT Ct UT
Illness 11 7 1 3 2 5 3 1 – 1 1 – 35
Torture – 3 – – – 1 – – – – – – 4
Heart
– 4 1 2 1 – 1 2 – – – – 11
Attack
Suicide – 1 – – – – – – – – – – 1
Coma – – – – – – – – – 1 – 1 2
Old age – 1 – – – – – – – – – – 1
Cause not
2 2 – 3 1 4 2 3 – – – – 17
known
Total 13 18 2 8 4 10 6 6 – 2 1 1 71

Source: Compiled by ASK Documentation Unit from ten national newspapers

The trend in deaths of prisoners showed a decline between 2001 and 2006 (see graph below). A
larger number of deaths occurred amongst prisoners awaiting trial. It reached its peak in 2002. In
the last six years, the highest number of deaths amongst convicts was reported in 2004 while the
highest number of under trial prisoners died in 2002.

Deaths of Prisoners in Jail Custody: 2001-2006

Women Prisoners

The Government decided to release women convicts on parole, except those serving death and
life sentences or convicted for anti-state activities. [6] A law entitled The Special Privileges for
Convicted Women Act , 2006 was enacted by Parliament to facilitate rehabilitation of convicted
prisoners. It provided for parole for specific periods to women prisoners who were sentenced to:

 more than five years, and less than ten years, and had already served 40 per cent of their
sentence;
 more than three years and less than five years and had served 25 per cent of the sentence;
 less than three years who had served 20 per cent of the sentence;
 one year’s sentence who had served 20 per cent of the sentence.

The law provided for the constitution of a national committee under the Secretary of Social
Welfare to recommend release of women convicts sentenced to more than ten years. Another
committee formed under the District Magistrate was to monitor the behaviour of women
prisoners sentenced to less than ten years in order to recommend their parole. One Probation
Officer was assigned to monitor prisoners on parole. Any one found violating the conditions of
parole was to be sent back to jail, and made to serve the full sentence.

The Ministerial Committee on Jail Reforms, at their thirteenth meeting held in August 2006, had
recommended that women prisoners be housed in a separate jail. This new jail was under
construction in Kashimpur and over 2,000 women were therefore still held along with 72 of their
children in otherwise overcrowded jails.

Children in Contact with the Law

The number of children in contact with the law was 1,100 in 2005. The National Task Force on
Juvenile Justice representing 27 Government and non-government agencies found that their
number had decreased by December 2006. Nevertheless, there were 78 children below 18 years
in Dhaka Central Jail. This was despite directives from the High Court, in 2003, making it
mandatory for juveniles to be kept in Child Development Centres rather than in jails.

Foreigners in Prison

In 2006, there were 232 foreigners in prison, including seven women, who had completed their
sentences. In 2005, there were 292 foreigners including seven women. Of this number, 144 men
and five women were in the Chittagong division jails, as their embassies had not arranged for
their repatriation.

Ain o Salish Kendra (ASK) served a notice on the Ministry of Home Affairs seeking their
assistance for the repatriation of foreign prisoners, and implementation of the High Court
judgment in Criminal Miscellaneous Case No. 2737 of 2000. In most cases, it was pointed out,
the prisoners could not be repatriated because the embassies concerned could not trace their
correct particulars.

Capital Punishment
Human rights defenders and legal experts, amongst others, expressed concern at the increasing
number of death sentences imposed by the Special Courts. It was reported that four prisoners
were executed this year and 890 prisoners were held in condemned cells, which had a capacity
for 83 persons only.

Prisoners’ Strike in Chittagong Jail

Approximately 150 prisoners in Wards 22 and 23 in Chittagong Central Jail went on a hunger
strike on 22 September, in protest against irregular food supply, and its low quality. According to
a report in Prothom alo of 24 September, about 90 prisoners took two foreign prisoners hostage
from an adjacent ward for about 20 hours. Another 72 prisoners of whom 45 were foreigners
were taken as hostages from Ward 25. The Inspector General of Prisons went from Dhaka on 23
September 2006 to resolve the crisis. At about 9 pm that day, after the prisoners’ demands were
met, the strike was withdrawn.

Recommendations

 The Jail Code of 1920 should be revised in compliance with the UN Standard Minimum
Rules for the Treatment of Prisoners and after consulting legal experts, psychologists,
social workers and human rights defenders.
 Amendments to the Jail Code 1920 should be implemented promptly and effectively to
ensure rights of all prisoners.
 As recommended by the Munim Jail Reform Commission a Jail ombudsman should be
appointed to resolve grievances and to monitor progress on reforms.
 All prison officers/staff should be trained in the UN Standard Minimum Rules for the
Treatment of Prisoners.
 To avoid overcrowding, prisoners held for minor offences should be released after
quarterly review of each case.
 Child prisoners should be transferred from jails to Child Development Centres.
 The release process for foreign prisoners who have served their sentences should start
three months prior to their release date.
 ccupational therapy, counseling, skill training and advisory services should be made
available to all prisoners.
 Access to legal aid services from Government and non-government agencies should be
coordinated and facilitated by jail authorities.

Notes
* The author is Deputy Director (Acting), Investigation Unit, ASK.
[1] Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment
of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its
resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977.

[2] Ministerial Committee on Jail Reforms, Ministry of Home Affairs, Meeting held on 13
August, 2006.

[3] See Chapter 5, p.59-60.

[4] H.Hossain (ed.), Human Rights in Bangladesh 2005 , ASK, 2006, p 108 and Human Rights in
Bangladesh 2004 , ASK, 2005, p 62-63.

[5] Computed by ASK. Source withheld.

[6] Ittefaq , 24 August, 2006 .