Although having full confidence in the Minister of Justice Senator Moore, Inspector of Prisons Daniel Khan is somewhat worried that his first annual report on the adverse conditions in the prison system may end up 30 years later, mothballed in some government office.That was the fate of a report prepared 33 years ago by a commission of enquiry chaired by former Anglican Bishop the Rt Rev Clive Abdulah into the country's prison system.
Khan, an attorney, is extremely concerned about the adverse conditions affecting inmates and agrees with President Carmona that the authorities must think out of the box on the question of prison reform and rehabilitation of ex-prisoners.
Q: Mr Khan, former Bishop of T&T the Rt Rev Clive Ormiston Abdulah said 33 years ago conditions at the nation's prisons were virtual hell holes. Is that the status quo today?
A: (In his Port-of-Spain chambers Thursday afternoon) Well, this phrase also came out from a 2008 judgment delivered by Madam Justice Carol Gobin, where she so described the conditions at the Port-of-Spain prisons, and she said something very alarming: that the atrocities of the slave trade as well as the indentureship are well known to us and have been part of our history. Those conditions, she added, were not so different from those experienced by our forefathers.
Before going further, what are your basic duties as Inspector of Prisons? Do you go around making sure the inmates are well placed, cosy and comfortable in their cells?
(Half smiling) I consider my main duty includes the writing of an annual report. It is required that I make recommendations for the smooth running of the prisons such as their conditions, prisoners' rights, prison officers' concerns, rehabilitation–and those are the expected goals a prison inspector can achieve.
(Flipping through his 500-page document: he explains that he visits the six prisons every month, follows up serious complaints such as allegations of misconduct, ajudicate over disciplinary proceedings, etc.)
Do you have the power to discipline prisoners and prison officers?
I can punish prisoners by taking away their remissions, meaning they would have to serve longer sentences, and I even have the power to dismiss the Commissioner of Prisons. Such authority is contained in the 1943 Prison Rules, that the inspector can recommend the dismissal of the commissioner.
So you could get up one morning and send Mr Martinez home?
(Laughing) Technically you are correct, but everything has to be done within the confines of the rules.
Mr Khan, are you satisfied with the general conditions at those institutions today?
No. I don't think that anyone in his or her right mind and exposed to those conditions could say they are pleased. Even if you are the victim of the most gruesome crime and you understand the importance of the prison you will not be pleased, and improving conditions will help in reducing crime.
Prison conditions could help to reduce crime outside the prison walls?
(Emphatically) Yes. I know this is a very hard sell and it might be paradoxical to your readers, Mr Raphael, and by going easy on the criminals what you have to understand is that 98 per cent of all prisoners are released back into society, with the other two per cent there for the rest of their lives.
In 2012 it was recorded that 74 per cent, that is three quarters of them, returned to the prisons in three to five years. They are re-offending, and we need to focus more on rehabilitation programmes and treating them in a manner where they can respect themselves, their fellow citizens and to respect the law.His Excellency President Carmona said in his inaugural speech the crimerate will increase and be out of control if there is not a genuine out-of-the-box intervention.
Are you seeing that kind of intervention since you took up this position about one year ago?
Well, the prison system and investment in the system is really a reflection of the public opinion: the politicians are not going to invest in the system where voters do not want prison reform.There are many admirable non-profit organisations who volunteer doing prison social work and I will call that a kind of out-of-the-box intervention, but it is not enough.
Mr Khan, do you believe the are some prisoners who really do not want to be rehabilitated?
Yes, but I believe everyone can be reformed and some criminals, because of whatever it is to cause them to commit crimes, it would be much harder to reform them.Now, this is a very useful and spiritual belief that I have as a young humanitarian and hopeful in the beauty of mankind.
Mr Khan, as Inspector of Prisons how do you feel that big, hardback men are doing their numbers in buckets in our prisons, especially in the context of prison reform, and that we are no longer living in the so called Dark Age?
The report I submitted in December 2012 has 100 pages dedicated to conditions and how those can be improved.The Port-of-Spain Prison has to be "euthanised" and shut down. It is the only humanitarian thing to do.When you do not have an annual report for the longest while and the powers that be are not being informed of those adverse conditions and the voters do not care for them, the adverse conditions would remain as they are.
Nothing is being done on your report as yet. Do you think it is being pigeonholed?
I wouldn't say so because just like the Ryan Report, it has to be considered by the Government before it is made public, and we must give them some time to consider it. The Justice Minister seems to be very serious about prison reform, and is the first minister to firmly say that Carrera will be shut down.
That recommendation was first made by the Abdulah commission of enquiry 33 years ago...
Yes, that is true, but as I said, Senator Moore was the first minister to make a definitive statement on closing down that facility, a recommendation which I too have made in my report, because it is too expensive to run it and one of the outrageous monthly expenditures is the supping of water monthly at a cost of $20,000.
Is Carrera a hell hole?
I wouldn't say so, and I would say the priority should be to close down the Port-of-Spain prison, because Madam Justice Gobin has said it is a hell hole.
Mr Khan, how optimistic are you today that things will change now rather than later?
My moods do not change just like that, and speaking to you I feel optimistic, because I know that your readers would become aware of the problems and hopefully of their importance, and if they do not agree with my positions on it, will engage in public debate.When things get to that stage (in the public domain) and are raised by responsible media, reform is possible. The public and advocates will speak for it, against it, and it gets the attention of those who have the ability to make the change–the Government.
But there are times when I read Bishop Abdulah's report done in 1980, and I am saying, well, all this hard work was ignored. And 30 years later I am wondering if my hard work will be ignored, too.But I am hopeful that the necessary changes will come.
Mr Khan, with the use of cell phones to conduct illegal activities in the prisons, one gets the impression that it is perfectly okay to use those instruments behind bars?
No. It is not permissible. Cell phones are banned and how they get them there is really a security issue, whether they smuggle it, whether prison officers are involved...the Ryan Report spoke about corruption in the prison service and it is hard to weed out corruption in these places, because servicemen will protect their fellow officers.
I am not sure who told me this, but somebody connected with the prisons explained that 95 per cent of the calls are made for legitimate purposes and not to commit crimes.
I find it inexplicable that they can ascertain the types of calls being made, but they cannot track down the culprits especially those involved in criminal activities.
Okay, Mr Raphael, that is their belief. But I don't think they would have an accurate account of the calls because they do not monitor all of them.
