“IT is time.” Those were the three words that summed up the expectations of the Guyanese people in the run-up to the 2015 elections. The change came. That was an historic change in government for only a second time in 50 years. Guyana had made its own silent, “Golden Jubilee” revolution!
But over the past two years, the criticism has been that that change did not transform our society. One of the areas that elicited varied responses, mostly negative, is the over-crowding in our prisons.
But experience has shown that there is need for a different cure for some of the old diseases that have been festering in this nation for too long. “Time for Reforms” are the three new words that summarise a fresh approach to the challenges such as over-crowding of our prisons and the demobilisation of many of our young people.
PRISON REVOLTS
We can now look back at the prison revolts of 2002, 2016 and, again, in 2017 as a direct consequence of the left-over problem of overcrowding and the conditions in prison which, at different times, have assumed terrifying images. One such image is that of the bullet-riddled, mangled bodies of boys who had joined one of the gangs of escaped criminals; the other, the charred remains of prisoners who perished in a fire that they had ignited in prison. In 2017, except for the murder of one prison warder, the heroic Odinga Wickham, surprisingly, no one died in the inferno that razed six wooden prison-blocks on July 9.
But prison break-outs would create a clanking ring long after the escape. I can still hear the voice of the former Minister of Home Affairs, Mr. Clement Rohee, as he was reading in the National Assembly the names of some of the 2002 prison escapees. With cold finality, he intoned the status of each name with: “Shot and killed”.
DEADLY DANGEROUS
The aftermath of the July escape is that there are four prisoners at large, at least two being considered “deadly dangerous.” There are in addition, some 90 prisoners among those at the Lusignan “holding” prison who are also considered dangerous – “Bad Johns,” as they were referred to in press reports. The initial process of “sanitising” the relocated prisoners resulted in an arsenal of weapons being retrieved.
While a definitive end is yet to be put to this deadly saga, and the placement of prisoners in safe and secured locations is a far-off prospect, I wish to take the liberty of saying that the situation has also occasioned the display of leadership at the levels of government, the fire, prison, police, army and other security apparata.
President David Granger led from the front and defined the strategic responses that would be needed even as the fires were raging at the Camp Street location. National Security Minister, Vice-President Khemraj Ramjattan and Public Infrastructure Minister, David Patterson, provided round-the-clock support and logistics that saw the speedy erection of alternative shelters for hundreds of prisoners at Lusignan, and the dispatch of many to more secured locations.
In the midst of an almost crisis situation, the judiciary responded creatively. Magistrates were dispatched to the ‘holding’ prison and other locations to re-assess bail for prisoners on remand, resulting in the number of inmates arraigned on petty charges being reduced. They were either granted bail, in cases of possession of small quantities of marijuana, or sent off on self-bail. Simultaneously, prisoners who had served their terms and were scheduled for early release, were granted remission by a full month and released.
FAR-REACHING REFORMS
Those innovations, though taken in an abnormal situation, would point to the need for far-reaching reforms to our justice system, which should include review of anti-narcotics laws, and the over-haul of sentencing guidelines.
Since the March 2016 prison fires, our Government has been moving in this direction, perhaps too haltingly. Immediately after that incident, I represented the Executive at a meeting with the then Acting Chancellor of the Judiciary and the Chief Magistrate, and measures were adopted to tackle the problem of over-crowding at our prisons. The State offered some $60 million for the appointment of temporary magistrates and for the re-introduction of Night Courts. Simultaneously, accommodation at every police lock-ups has been upgraded, and the overflow from Camp Street was diverted to Mazaruni, Timehri and New Amsterdam. Construction of new prison blocks was started.
The Night Courts assisted somewhat to ease the numbers on remand, but the numbers were getting bigger, since the police were cracking more crimes, resulting in prosecution and imprisonment. The campaign against illicit drugs saw more arrests and successful prosecutions, as well as the drive against trafficking against persons and illegal immigrants. Several “cold cases” were also solved.
LIBERALISATION OF LAWS
I will like to see a robust debate on the liberalisation of some of our laws, especially those that provide mandatory prison terms for certain offences, including for small quantities of marijuana. There may be sense for review or reversal of “special reasons” to be established for bail in narcotics cases.
Many years ago, I used to enjoy looking at the local experts playing dominoes at the NAACIE Club. One player who referred to himself as Budhram, in slamming a domino piece on the table, would shout, “Malik, talk to Budhram.” “Talk” was his way of teasing his opponent, whether he was named Malik or not, to respond. And, then, when Budhram countered, he would shout, “Talk to me properly, Malik.”
This is the time for “proper talk,” not just back-stabbing and condemnation, on how to reform our penal system, and to free up our jails from the unacceptable status of over-crowding.
