Chapter-11. Introduction: The prison administration system of Bangladesh is not well enough compare to western countries. The prison administration system is relatively weak in Bangladesh. Prison is administered by the state and is used to house convicted criminals for periodsof much longer duration. Prison is a part of a larger penal system which includes other aspects of criminal justice such as courts, law enforcement, and crime labs.

A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that imposed by the state forthe commission of a crime. A prison system is the organizational arrangement of the provision and operation of prisons.

Prison administration system of Bangladesh is not good in terms of overcrowding, delays in judicial proceedings, living conditions in prison, the operational environment and management of prisons, and infrastructure and facilities.

In order to improve prison administration system of Bangladesh wehave to take certain steps such as- increase better living condition of prisoner’s accommodations, adequate protection of women and child prisoners, adequate vocational training and facilities etc.

The present system and practices of prison administration were established during the 200-year period of British domination, which ended in 1947. From 1947 to 1971, when Pakistan administered the country, no improvements were made, so that imprisonment today means punishment without training or social rehabilitation.

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Government should modernize the present system; it must make the prison service more attractive to potential recruits by providingbetter pay and higher job status to prison personnel. Recruitmentpractices should be changed so that background checks are performed and only candidates with good social and academic backgrounds are accepted. In addition, candidates should be required to pass written psychological, sociological, and personality tests.

The origin of jail administration based on a comprehensive law dates back to 1864, When the government of Bengal framed a detailed jail code.Until 1864, jail administration was carried out by means of sporadically issued circular letters and general orders. There had been in effect no uniformity in the jail procedure. However, The Bengal Jail Code of 1864 developed in thesubsequent years into a compendium of rules and regulations issued from time to time and meant for the superintendence and management of all the jails, including the subsidiary jails, throughout the province. It comprised two parts, The Bengal Jail Code and The Bengal Subsidiary Jail Code.

Chapter-2

Definition of Prison:

The word prison the Synonym of the word jail or goal or Penitentiary that has been defined as place properly arranged andequipped for reception of persons who by legal process are committed to it for safe custody while awaiting trial or for punishment. In Prison individuals are physically confined or interned, and usually deprived of a range of personal prison are4conventionally institution which from part of the criminal

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Justice System of country, such that imprisonment or incarceration is a legal Penalty that may be imposed by the statefor the commission of crime.

The first occasion on which we read of a prison is in the historyof Joseph in Egypt. Then Potiphar, “Joseph’s master, took him, and put him into the prison, a place where the king’s prisoners were bound”. The Heb. word here used (sohar) means properly a round tower or fortress. It seems to have been a part of Potiphar’s house, a place in which state prisoners were kept. TheMosaic law made no provision for imprisonment as a punishment. Inthe wilderness two persons were “put in ward”, but it was only till the mind of God concerning them should be ascertained. Prisons and prisoners are mentioned in the book of Psalms. Samsonwas confined in a Philistine prison. In the subsequent history ofIsrael frequent references are made to prisons. Prisons seem to have been common in New Testament times. The apostles were put into the “common prison” at the instance of the Jewish council and at Philippi Paul and Silas were thrust into the “inner prison”.

From Wikipedia, the free encyclopedia- “A prison, jail, or gaol, is a facility in which individuals are forcibly confined and denied a variety of freedoms under the authority of the state as a form ofpunishment. The most common use of prisons is as part of an organized governmental justice system, in which individuals officially charged with or convicted of crimes are confined to a jail or prison until they are either brought to trial to determine their guilt or complete the period of incarceration they were sentenced to after being found guilty at their trial. Outside of their use for punishing civil crimes, authoritarian regimes also frequently use prisons and jails as tools of political repression to punish political crimes, often without trial or other legal due process; this use is illegal under most forms of international law governing fair administration of

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justice. In times of war or conflict, prisoners of war may also be detained in military prisons or prisoner of war camps, and large groups of civilians might be imprisoned in internment camps.”

*1|http://en.wikipedia.org/wiki/Prison

History of Prison:

The present state of Bangladesh has to be viewed in the light of the past because, as has been said, the present “is the child of the past and parent of the future”. In order to understand the problems and predicaments which confront the country at the present moment we shall have to turn back to the past. Without understanding the past we cannot understand the present. If we look at history we would find that during the past hundred years or so phenomenal changes have taken place in what may be called the psyche of the Muslims who form the great majority of population of this region. These changes have to be explained andanalyzed in historical perspective.

Prison is just one of a number of sanctions available to the courts to deal with those who commit criminal offences. Imprisonment today is the harshest sanction available, but this has not always been the case.

16th and 17th Centuries

Sanctions for criminal behavior tended to be public events which were designed to shame the person and deter others; these included the ducking stool, the pillory, whipping, branding and the stocks. At the time the sentence for many other offences was death.

Prison tended to be a place where people were held before their trial or while awaiting punishment. It was very rarely used as a

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punishment in its own right. Men and women, boys and girls, debtors and murderers were all held together in local prisons.

Evidence suggests that the prisons of this period were badly maintained and often controlled by negligent prison warders. Manypeople died of diseases like goal fever, which was a form of typhus.

The most important innovation of this period was the building of the prototype house of correction, the London Bridewell. Houses of correction were originally part of the machinery of the Poor Law, intended to instill habits of industry through prison labour. Most of those held in them were petty offenders, vagrantsand the disorderly local poor. By the end of the 17th century they were absorbed into the prison system under the control of the local Justices of the Peace.

18th Century

Although the 18th century has been characterized as the era of the ‘Bloody Code’ there was growing opposition to the death penalty for all but the most serious crimes. Such severe punishment was counter-productive, as jurors were refusing to find thieves guilty of offences which would lead to their execution. Transportation was curtailed at the end of the 18th century. Other sanctions therefore had to be found. The two prominent alternatives were hard labour, and for those unable to do this, the house of correction. This practice lead to the use of prison hulks from 1776 until their phasing out in 1857. Prisonhulks were ships which were anchored in the Thames, and at Portsmouth and Plymouth. Those sent to them were employed in hardlabour during the day and then loaded, in chains, onto the ship at night. The appalling conditions on the hulks, especially the lack of control and poor physical conditions, eventually led to the end of this practice. But the use of prison hulks did much to

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persuade public opinion that incarceration, with hard labour, wasa viable penalty for crime..

19th Century

The first half of the 19th century represented a watershed in thehistory of state punishment. Capital punishment was now regarded as an inappropriate sanction for many crimes. The shaming sanctions, like the stocks, were regarded as outdated. By mid-century, imprisonment had replaced capital punishment for most serious offences – except for that of murder.

Pentonville was originally designed to hold 520 prisoners, each held in a cell measuring 13 feet long, 7 feet wide and 9 feet high. Pentonville operated the separate system, which was basically solitary confinement. In the next 6 years, 54 new prisons were built using this template.

In 1877 prisons were brought under the control of the Prison Commission. For the first time even local prisons were controlledcentrally. At this time prison was seen primarily as a means to deter offending and reoffending. This was a movement away form the reforming ideals of the past.

The Prison Act 1898 reasserted reformation as the main role of prison regimes. This Act can be seen to set the penal-welfare context which underlies today’s prison policy. It led to a dilution of the separate system, the abolition of hard labor, andestablished the idea that prison labor should be productive, not least for the prisoners, who should be able to earn their livelihood on release.

20th Century

The development of the prison system continues. At the end of the19th century there was recognition that young people should have separate prison establishments – thus the borstal system was

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introduced in the Prevention of Crime Act 1908. Borstal training involved a regime based on hard physical work, technical and educational instruction and a strong moral atmosphere. A young person in borstal would work through a series of grades, based onprivileges, until release. In 1933, the first open prison was built at New Hall Camp near Wakefield. The theory behind the openprison is summed up in the words of one penal reformer, Sir Alex Paterson: “You cannot train a man for freedom under conditions ofcaptivity”. The Criminal Justice Act 1948 abolished penal servitude, hard labour and flogging. It also presented a comprehensive system for the punishment and treatment of offenders. Prison was still at the centre of the system, but the institutions took many different forms including remand centres, detention centres and borstal institutions.

21st Century

There are currently 139 prisons holding men, women and children in England and Wales. The supremacy of imprisonment as a way of dealing with offending behavior shows no signs of abating. Further new prisons are being planned. These like all new prisonswill be part of the PFI programmes and managed by the private sector. There are currently 11 privately managed prisons, howevertwo prisons which began life managed by the private sector have been brought back into public management. The Declaration of Independence cited a list of abuses related to the prisoner trade, including complaints that the Crown had obstructed justice, sent swarms of officers to harass the people, deprived many of the benefits of trial by jury, transported persons beyondthe seas for pretended offenses, and committed other offenses.

The Civil War had profoundly altered America’s system and rationale for imprisonment. Millions of slaves had been let loose, chattel slavery was ended, and penal servitude expanded. Thousands of inmates had perished in deadly prison camps kept by

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their own countrymen. Many more were badly scarred by what they had experienced. Many Americans increasingly recognized that the previous reformed. The prison camps of the Civil War proved to beincredibly lethal.. To put matters in perspective, roughly two and a half times.Until 1963, the incidence of reported crime as measured by official crime statistics actually remained relatively constant. But then serious crime began to experience an upsurge. The nation’s rate of incarceration also remained relatively stable until 1974, when it also began to shoot up. Thetotal number of adults in prison custody on a census day in 1972 showed a rate of incarceration.

**2|From the Old French-prisoun (See Douglas Harper (2001–2013). "Prison-. Online Etymology Dictionary. Douglas Harper. Retrieved 28 June 2013

**Paul Knepper and Per Jørgen Ystehede, eds., The Cesare Lombroso Handbook (2012)

Chapter-3

Present Situation In Our Prison System:

The Inspector General of Prisons, Brigadier General Md Zakir Hasan, recently discussed current jail conditions with POLOFF, and described his efforts to reform the prison system in Bangladesh. According to Him, the total prison population in Bangladesh (including those in jail awaiting trial, but not thosedetained in police stations) is approximately 86,100, which is

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3.5 times greater than the country’s maximum prison capacity. Brigadier General Md Zakir Hasan, the Inspector General of Prisons, recently discussed prison conditions and his ongoing reform of the prison system with POLOFF. As the top Bangladesh government official overseeing the prison system, He runs a network of 67 prisons across the country. He assumed his positionin 2005. Prior to his appointment, the Inspector General positionwas traditionally held by a military officer from the medical corps. He is the first infantry officer to hold the job. He provided statistics on the current prison population. He said he receives daily reports on how many prisoners have entered and departed the system, and that the current total number of prisoners that day was about 88,500. This number has been relatively stable for several months, after having risen from 72,000 at the beginning of the state of emergency in January. Between 1,150 and 1,200 prisoners enter and leave the system every day. The prison population is currently 3.5 times over its maximum capacity of 27,000. Hasan has sought to shift prisoners around to relieve the most crowded jails, in Dhaka and other major cities, but it can be difficult because prisoners often must appear in court in the city where they were convicted. He hopes to increase the prison capacity by several thousands slots this year, and will be inaugurating a new prison in Chuaganga in northwestern Bangladesh in the middle of September.

According to Hasan, when he took over the prison system in 2005 corruption was rampant, prisoners were routinely abused, and prison employees’ morale was abysmal. “My first thought was that prisons cannot be punishment centers, they have to be rehabilitation centers,” he said. He said he noticed quickly thatthe prisons held not just bad people, but also many victims of circumstance, poorly educated people, and political prisoners whowere involved in local disputes. “My job, as I saw it, was to rehabilitate them since these people are still a segment of society.”

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He said he saw firsthand major problems in the way the prisons were being run. There was no mutual respect, either amongst prisoners or between prison employees, and training for guards was non-existent. Prisoners had to bribe the guards for the rations they were entitled to, and were routinely placed in “bar-fitters” (a bar that connects ankle-cuffs and hand-cuffs) which were supposed to be reserved only for transporting prisoners. TheInspector General described a series of reforms he has initiated since 2005. He introduced several measures aimed at improving employee training and morale, including introducing a new uniform, revising the training program, creating a health programfor employees’ families modeled on that of the military, and helping to subsidize their children’s education. To address rampant corruption, he created an intelligence service within theprisons to report on abuse and bribery and to monitor prison conditions. He also managed to remove syndicates from the business of supplying prisons, a move that ran afoul of the members of parliament that ran them. To improve communication andpromote more transparency, he instituted monthly “dharbars” or public meetings for prisoners and employees in each of the 67 prisons, presided over by the head of the prison to discuss problems and concerns without fear of retribution. He also pushedthrough a major overhaul of the country’s jail code, which governs how the prison system is operated. (SBU) To provide skills for prisoners, He formalized what had been ad hoc literacyclasses, with educated prisoners as teachers. He started creatingcanteens staffed by prisoners, and opened a bakery, beauty salon,and electronic repair service in the Dhaka Central Prison to put prisoners to work. He acknowledged that poor conditions persist and that many of the changes are taking a long time to implement.

Dhaka Central Jail:

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In general, the criminal codes and procedures in effect in Bangladesh derive from the period of British rule, as amended by Pakistan and Bangladesh. These basic documents include the Penal Code, first promulgated in 1860 as the Indian Penal Code; the Police Act of 1861; the Evidence Act of 1872; the Code of Criminal Procedure of 1898; the Criminal Law Amendment Act of 1908; and the Official Secrets Act of 1911.

The major classes of crimes are listed in the Penal Code, the country’s most important and comprehensive penal statute. Among the listed categories of more serious crimes are activities called “offenses against the state.” The Penal Code authorizes the government to prosecute any person or group of persons conspiring or abetting in a conspiracy to overthrow the government by force. An offense of this nature is also defined as“war against the state.” Whether or not an offense constitutes a conspiracy is determined by the “intent” of the participant, rather than by the number of the participants involved, so as to distinguish it from a riot or any other form of disturbance not regarded as antinational. Section 121 of the Penal Code makes antinational offenses punishable by death or imprisonment for twenty years. The incitement of hatred, contempt, or disaffectiontoward a lawfully constituted authority is also a criminal offense punishable by a maximum sentence of life imprisonment. Among other categories of felonies are offenses against the public tranquility (meaning unlawful assembly), rioting, and public disturbances; offenses relating to religion; and offenses against property, such as theft, robbery, and dacoity (robbery bya group of five or more persons).

Punishment is divided into five categories: death; punishment, ranging from seven years to life; imprisonment; forfeiture of property; and fines. The imprisonment may be “simple” or “rigorous” (hard labor), ranging from the minimum of twenty-four hours for drunken or disorderly conduct to a maximum of fourteen

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years at hard labor for more serious offenses. Juvenile offendersmay be sentenced to detention in reform schools for a period of three to seven years. For minor infractions whipping, not exceeding fifteen lashes, may be prescribed as an alternative to detention.

Preventive detention may be ordered under the amended Security ofPakistan Act of 1952 and under Section 107 of the Code of Criminal Procedure when, in the opinion of the authorities, thereis a strong likelihood of public disorder. Bangladeshi regimes have made extensive use of this provision. Similarly, Section 144of the Code of Criminal Procedure, frequently invoked by magistrates for periods up to two months, prohibits assembly of five or more persons, holding of public meetings, and carrying offirearms. In addition, the Disturbed Areas (Special Powers) Ordinance of 1962 empowers a magistrate or an officer in charge of a police contingent to open fire or use force against any persons breaching the peace in the disturbed areas and to arrest and search without a warrant. The assembly of five or more persons and the carrying of firearms may also be prohibited underthis ordinance.

Persons charged with espionage are punishable under the Official Secrets Act of 1911, as amended in 1923 and 1968. As revised in May 1968, this statute prescribes death as the maximum penalty for a person convicted of espionage. In 1966, in an effort to prevent information leaks, the central government passed a regulation prohibiting former government officials from working for foreign diplomatic missions. In general, all persons seeking employment with foreign embassies or any foreign government agencies were also required to obtain prior permission from Bangladeshi authorities.

The custody and correction of persons sentenced to imprisonment is regulated under the Penal Code of 1860, the Prisons Act of 1894, and the Prisoners Act of 1900, as amended. The prison

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system has expanded but in 1988 was basically little changed fromthe later days of the highest jail administration official is theinspector general of prisons or, if this office is not separatelyassigned, the inspector general of police. At the division level or the police range level, the senior official is called directorof prisons; at the district level, he is the jail superintendent.Below the district jail level are the sub district and village police lockups. Dhaka Central Jail is the largest and most secureprison and has more extensive facilities than those at the successive lower echelons. All installations are staffed by prison police usually permanently assigned to this duty. In general, prisons and jails have low standards of hygiene and sanitation and are seriously overcrowded. Rehabilitation programswith trained social workers were rudimentary or nonexistent through the late 1980s. Overcrowding–the most serious basic problem–was likely to worsen as the 1990s approached because of the mounting number of arrests connected with opposition campaigns to oust Ershad from office.

Types Of Prisons:The 64 prisons in Bangladesh can be divided into two major types:-

Central Jails- central jails 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.

District Jails- district jails are located at the headquartersof the district, are used for the confinement of all categories of prisoners, except those convicted prisoners whose sentence

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exceeds 5 years. District jails also hold long-term convicted prisoners if ordered by the Inspector General of Prisons/Deputy Inspector General of Prisons

Development of Prison System in Bangladesh:

Bangladesh’s prisons are part of the criminal-justice system, which is under immense pressure. Case backlogs run into the millions, crippling the overburdened system. Corruption is also alleged to be rife among criminal-justice agencies. Moreover, there is a clear focus on punitive as opposed to restorative justice, and imprisonment is primarily seen as a way to gain retribution, but rarely considered as an opportunity to change inmates’ ¬attitudes towards law and society.

Prisons in Bangladesh have historically been closed institutions.It is a very recent phenomenon that they are discussed in public and at an international level. Recent developments illustrate just how far Bangladesh is moving in relation to prison reform, and just how much of an ¬example to the rest of the developing

world Bangladesh could become. Chapter-4

OBSTACLE OF PRISON SYSTEM:

Problems In The Prison Administration System of Bangladesh:

The problems that Bangladesh prison administration system has:14

Inadequate medical facilities inside prisons. Lack of monitoring of prisons. Lack of welfare measures and reform programmed. Corruption in tendering contracts and interviews. Inadequate attention to women and child prisoners. Inadequate vocational training facilities.

Unhygienic Living conditions Of Prisoners Accommodation: The living conditions of prisoners in jails areunhygienic. This is due to overcrowding of the prisons with the large numbers of under trials. Two types of accommodation are available in prisons: cell accommodation and accommodation in association wards.

Outdated Prisons Laws and Rules: Prisons still follow the outdated statute books of the British colonial rulers, which wereframed in the 19th century. According to these old statutes, the main objective 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 jail code, nor have the vital recommendations of the Jail Reform Commission beenimplemented.

Recruitment and Training Procedures of Prison Officers and Staff: 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 quite 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

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prisoners, and does not facilitate their reform. Hence, prison officers and staff are not recruited with appropriate skills nor trained adequately to encourage reform.

Lack of Monitoring Of Prisons: 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 maltreatment, thus worsening the conditions in prison even further. Hence, few prisoners currently dare to complain to inspecting officers.

Lack of Welfare Measures and Reform Programmes: Welfare measures for the benefit of prisoners are extremely inadequate. 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 workers or psychologists to provide for the psychological needs of prisoners.

Inadequate Protection of Women and Child Prisons: The confinement of male and female prisoners in the same jail withoutseparate areas is harmful to women who are more easily subjected to physical and sexual abuse. Serious violations have occurred inthe past, such as in Khulna Jail, during the 1980s. In addition, the practice of male prisoners cooking and serving food to femaleprisoners is also open to abuse by the male prisoners.

Inadequate Vocational Training Facilities: Vocational training programmed currently available in prisons include barbershop training, laundry work, woodwork, metalwork, carpet and cloth weaving, and wool knitting. However, these programmed are not sufficiently developed to cater for all classes of prisoners.Activities are allotted to prisoners by the jailer without any consideration of skills, whereas these should be assigned under

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supervision of the superintendent to reduce the risk of corruption.

According to Mr. Karzon, prison authorities in Bangladesh have failed to satisfy the Standard-

Minimum Rules for the Treatment of Prisoners set by the United Nations. Food supply is generally insufficient and poor quality. The water supply is inadequate and has to be secured from a container located in the bathing area of prisoners outside their cells. Besides poor prison conditions that make the maintenance of proper health and hygienic practices nearly impossible for prisoners, hospital facilities and services inside prisons are also reportedly inadequate.

*3|Good prison management for prison personnel of Bangladesh,BDlegal Aid services Trust And penal reforninternational,Dhaka,2000,Pg 9-12.

Prisoner Lost in jail:

Thirty-two year old Rahim (not his real name), a CNG driver andthe main wage earner for a seven-member family, was arrested onaccusation of theft in 2007. The case was filed with a localpolice station and he was taken to a jail – and forgotten.

Rahim is a victim of the “on call” situation prevalent inBangladesh. When the court announced a date for his trial, theyissued a production warrant to the prison authority. However, theproduction warrant never reached his prison. When the case datearrived, Rahim failed to appear in court and was thus recorded asan absconded. Oblivious to his court order, Rahim was in prisonawaiting his court date. This went on for three years. Rahim’sstory is only one among hundreds of others who languish in prisonwithout a trial; 72% of inmates in Bangladesh are untried and

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therefore legally innocent. In most cases, they are poor peoplewith no lawyers to defend them and with no idea about their legalrights.

The government’s human rights record remained poor, and thegovernment continued to commit numerous serious abuses. Thefollowing human rights problems were reported:

• Extrajudicial killings

• Arbitrary arrest

• Politically motivated violence and killings

• Impunity for security forces

• Physical and psychological torture

• Lengthy pretrial detention

• Restrictions on privacy

• Violence against and restrictions on journalists

• Infringement on religious freedom

• Extensive government corruption

• Violence against women and children

• trafficking in women and children

• Limitation on workers right

Political Prisoners:

The government stated that it held no political prisoners;however, opposition parties and human rights monitors claimed thegovernment arrested many political activists and convicted themon unfounded criminal charges NGOs did not have access toprisoners. On April 30, a Dhaka court granted bail to and

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released Salah Uddin Shoaib Chaudhury, who was detained at theairport for his attempted 2003 travel to Israel. The ordinancealso gives the government the authority to prevent phoneoperators from delivering messages, in the interest of nationalsecurity. In cases of national emergency, the government canrevoke any permit to provide communications services, withoutproviding compensation to the holder of the license. Theordinance went into effect during a recess in parliament, butmust be approved as soon as parliament returns to becomepermanent law. Police, even in cases not affiliated with the SPA,rarely obtained warrants, and officers violating these procedureswere not punished. Reporters Without Borders (RSF) claimed thatpolice monitored journalists’ e-mail. The Special Branch of thepolice, National Security Intelligence, and the DirectorateGeneral of Forces Intelligence employed informers to report onand conduct surveillance on citizens perceived to be politicalopponents of the government. The censor board requested thedeletion of a line in the movie “My Architect” that misidentifiedthe country as the poorest in the world during an Augustscreening of the film. In April 2004 the government confiscatedthe April 2 issue of the Indian magazine, Desh, for usingindecent words about Adam and Eve. In April 2004 the governmentforbade Time magazine from being placed in governmentestablishments, including on the national airline, because of itsnegative portrayal of the country.

Bangladesh’s prisons are severely overcrowded with people who have yet to be convicted and are awaiting trial. They make up a staggering 72% of the ¬prison population. These prisoners rarely have access to legal assistance. The length of pre-trial detention is often extended with many prisoners spending months or years awaiting a court date. Many will stay in prison for far longer than the sentence they would have served if they had been convicted of their accused crime. It is also a common occurrence

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for people to be detained for minor offences – which can be associated in many cases to poverty. No doubt, the sheer number of prisoners is the prison services’ most pressing issue. Ten years ago there were 44,000 prisoners; today the number has risento approximately 70,000. The prison system, however, was designedto house a mere 28,969 inmates. The country is incarcerating morethan two and a half times as many. The severe overcrowding in theprison system prevents resolving issues that with a smaller population could be tackled. For example, crowded ¬prisons are renowned across the world to contribute to high levels of infectious disease. The lack of space impacts upon resources available for rehabilitation; there is only very basic education available in Bangladesh prisons and the availability of work or vocational training is inconsistent.

Within a prison system that is struggling with such daunting challenges, the young, the mentally ill, those addicted to alcohol or drugs and women suffer the most. Prisons are simply not designed to support vulnerable inmates such as these. It is accepted practice in Bangladesh to hold vulnerable people in “safe custody”, where they will be imprisoned for their “safety” rather than because they have committed any sort of crime. Furthermore, there are neither procedures to assess the needs of prisoners nor the risks they may pose to others. Many prisoners are treated as ‘high risk’ when they may not need to be, wasting precious resources and money.

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Comparison between Bangladesh & others country:

Bangladesh is not alone in facing challenges regarding prison reform. Typically, South Asian criminal-justice systems are stillgoverned by colonial-era laws. In October last year, Bangladesh hosted an international conference with participants from across the region, other developing countries and Europe to discuss prison reform. The conference illustrated that Bangladesh is playing a leading role in this area. Participants from member countries of SAARC (the South Asia Association for Regional Cooperation) passed “The Dhaka declaration on reducing overcrowding in prisons in South Asia”. The declaration highlights the need for reform; it urges governments to take steps to tackle the problem of overcrowding in prisons and stresses the need for alternatives to imprisonment. The declaration further highlights that imprisonment should be a

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remedy of last resort, which should only be used when the seriousness of the offence makes any other sanction or measure clearly inadequate. It also urges governments to use pre-trial detention less frequently and for shorter periods and recommends to amend relevant laws accordingly.

The Government of Bangladesh is now considering to host an SAARC summit of law and home ministers on the matter. Such a forum would facilitate the sharing of good practice on a more formal and consistent basis.

Canadian   Prison Conditions: Canada’s correctional facilities are suffering from “wear and tear,” according to a recent article by the Citizen, with 80% of the nation’s correctional officers (about 4,700) set to retire inthe next 5 years. Spokespeople from CSC acknowledge that prison infrastructure is failing, saying that most of the service’s 54 institutions are over 40 years old. While the prison system receives about $1.6 billion a year, Public Safety Minister Stockwell Day says his government may have to funnel another $225million over the next 5 years to add, repair, and rebuild new prison cells for the expected growth in inmates due to the Conservative government’s plan to stiffen prison sentences. Because more prisoners have historically been sentenced to shorter prison terms, the prisons experience a “revolving door syndrome” that taxes the stability of the facilities. CSC says there is an added burden of prison populations changing, such as an increase in younger and gang-related offenders that require different housing specifications.

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Capter-5Prisons, Jails & Probation – Overview:

1. (prisons & jails – writ of habeas corpus) “By way of background, thewrit of habeas corpus is a venerable legal procedure thatallows a prisoner to get a hearing before an impartialjudge. If the jailer is able to supply a valid legal basisfor the arrest and imprisonment at the hearing, the judgewill simply order the prisoner to be returned to jail. Butif the judge discovers that the imprisonment is illegal, hehas the power to set the prisoner free. For that reason, theFramers of the American Constitution routinely referred tothis legal procedure as the “Great Writ” because it wasconsidered one of the great safeguards of individualliberty.”

2.  (prisons & jails – detention until trial) “In the U.S., when a personis charged with an offense they may be detained in jailuntil their trial or they may be released to await theirtrial in the community through a variety of mechanisms whichwill be discussed later. In many other nations, people aresaid to be “remanded,” which is a summons to appear before ajudge at a later date. If they are not released pretrialthey can be “remanded to custody” until their courtproceeding; if they are convicted, they can be remanded tocustody prior to sentencing or during an appeal process.”

3. (prisons & jails – pretrial detention) “Pretrial detention isassociated with a higher likelihood of both being foundguilty35 and receiving a sentence of incarceration overprobation,36 thus forcing a person further into the criminaljustice system. In the United States, this is particularly

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important because of the sheer numbers: with 20 percent ofthe total number of people incarcerated being pretrial, thatmeans nearly 500,000 people each year are more likely to befound guilty and sentenced to incarceration, thussignificantly adding to the total number of people inprison.”

4. (prisons & jails – parole – definition) “Parole is a period ofconditional supervised release in the community following aprison term. It includes parolees released throughdiscretionary or mandatory supervised release from prison,those released through other types of post-custodyconditional supervision, and those sentenced to a term ofsupervised release.”

5. (prisons & jails – probation – definition) “Probation is a court-orderedperiod of correctional supervision in the community,generally as an alternative to incarceration. In some cases,probation can be a combined sentence of incarcerationfollowed by a period of community supervision.”

6.  (prisons & jails – local detention facilities) “Jails, which are alsoprimarily local in nature, detain not only persons arrestedfor local offenses, but also virtually all persons chargedand awaiting trial under State law. jails may also housedetainees and State “prison-ready” inmates — convicted andsentenced persons whose transfer to State prison is delayedby overcrowding or other reasons. In most such cases, Stateor Federal governments pay fees to the local communitiesthat house these prisoners.”

Although the terms “jail” and “prison” are sometimes usedinterchangeably, most members of law enforcement distinguishbetween the two. Primarily, the difference is that a jail is used

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by local jurisdictions such as counties and cities to confinepeople for short periods of time. A prison, or penitentiary, isadministered by the state, and is used to house convictedcriminals for periods of much longer duration. Both are part of alarger penal system which includes other aspects of criminaljustice such as courts, law enforcement, and crime labs.

*4| New Kind of Criminal Justice", Parade, October 25, 2009, p. 6

Life of women prisoners in Bangladesh : The prisons of Bangladesh are afflicted with various problems,which do nothing to improve the situation of their inmates. Oneof the main factors is the condition of the prison buildings.Most of the prisons in the country were built during the BritishRaj. The cells are small and cramped, sanitation poor andventilation inadequate. Many of the buildings are dilapidated andthroughout the years, accommodating prisoners beyond cellcapacity; supply of low quality food; lack of adequate medical

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facilities; crime; the spread of various kinds of disease; theharassment of inmates; inadequate/insufficient budget allocation,etc. have all added to the slow degradation of the prison systemin Bangladesh.

The female inmates in these prisons face the most difficulty. Notonly are there a seriously inadequate number of cells for femaleprisoners, the sanitary facilities are deplorable and there areno special facilities for children accompanying their mothers injail. Furthermore, lack of proper food and medical attentioncause complications to the health of those inmates who are withchild.

Dilapidated Buildings: There are a total of 80 prisons in thecountry, out of which nine are central jails, 55 are Districtjails and 16 are Thana jails. The central and most of theDistrict prisons were built during the British Raj, withinadequate amenities. Although these prisons were renovated on anurgent basis, urgently required changes were not brought about inthem. Despite the expiry of the period of durability of manyprisons buildings, many prisoners and under trial prisoners havebeen living in those prisons under the constant threat of shortcircuits, wall or roof collapse and poor sanitation. For example,Rajshahi Central Jail was built in 1840 and is now in a veryvulnerable condition.

Over Crowding: Even though Rule 129 of the Jail Code states that'thorough ventilation of the sleeping barracks is of the greatestimportance; at least 10 square feet of ventilation area perprisoner should be provided', over crowding is a commonphenomenon in Bangladesh's prisons. Very often inmates have totake turns to sleep and some are unable to even lie down due tothe packed cells. Rule 847 of the Code states that arrangementsneed to be made to avoid the confinement of prisoners 'in excessof the sanctioned number'. If the arrival of excess numbers isapprehended, the Superintendent must communicate with the officeof the Inspector General to see if the excess can be distributed

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to other jails. Unfortunately, with overcrowding in all the largejails in Bangladesh, such method of distribution is impossible.

Jail reports do not include the number of children accompanyingtheir mothers. One must remember that women are accompanied byinfant and small children. Such inhuman living conditions affectnot only the prisoners but innocent children as well.

Insufficient food supply: Despite provisions in the Jail Code,inmates state that prison food is substandard and insufficient.This is, allegedly, due to pilfering of food meant for prisonersand/or the indifference of those responsible for feeding them.

There is also some discrimination between those prisoners who canafford to bribe jail authorities to get more food and those whocannot. However, there are conflicting views regarding foodbetween the prisoners interviewed and the jail police.

In collusion with the higher authority, the suppliers of foodsend the prison lower quality food for more profit. Besides this,there is the alleged complaint of reducing the quantity from thedaily allocated 133.28 grams of vegetables, 72.90 grams offish/mutton, 77.90 grams of beef and 145.80 grams pulse for theconvicted and under trial prisoners by some of the dishonestemployees of the Jail Authority. Furthermore, despite the imposedrestriction on the supply of food from outside, some personsenter into the Jail with food by establishing a 'good relation'with the police and supply it to their respective relatives inprison. Taking advantage of the poor quality and quantity ofprison food and the demand of food for outside, it is allegedthat some opportunist, dishonest and corrupted jail officers andemployees have been earning a handsome amount of money everymonth.

Medical Treatment: The Jail Code provides for the position of aMedical Officer, a Sub-Assistant Surgeon and a compounder.Needless to say, the medical facility in prisons is extremelybasic and almost nonexistent. Although there are hospitals forprisoners in some of the jails, especially in the central jails,yet most of the jails don't have this as a functioning facility.

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Furthermore, Order No. 8355P of 25 November 1913 states that allprisoners should be vaccinated as soon as convenient afterarrival at jail and booster shots carried out when necessary.Given the fact that a large number of the inmates come frompoverty-stricken backgrounds, the practice of relevantvaccinations would be beneficial to them. The insufficiency ofnecessary medicines, want of full-time doctors, the negligence ofthe authority, and corruption has deteriorated the health sectorof prisons. The patient can hardly get medical service while richprisoners can be easily admitted to the wards and the promise ofa comfortable bed instead of a hard cell floor.

Here, too, female prisoners face hardships. Despite provisions inthe Jail Code (Rule 94) that there should be separate hospitalsfor male and female prisoners, this is not the reality. Forexample, Comilla Central Jail has one hospital, where there are73 beds for male prisoners and only 2 beds for the femaleconvicted and under trial prisoners. This is really a matter ofconcern and regret. There is allegation that although thepregnant women are supposed to undergo periodical medical check-up at least twice a month, they are being deprived of it. Thereis only one permanent Medical Officer in this hospital. Seriouslysick prisoners are provided with the medical service in thenearby hospitals. Rules 1167 and 1168 state that everyhospitalized prisoner must be provided with a bed, a propermattress and as many blankets as is deemed necessary.

Pure water and Sanitation Arrangement: The arrangement for safedrinking water in prisons is dubious and in all probability,ordinary tap water is used in all the prisons of the country.Furthermore, the sanitation system is not up to the mark.Bedsides this. the drainage system is not hygienic. There is, ashas been said, not a sufficient number of toilets in any of theprisons. For example, in the central jail of Rajshahi there areonly 2 bathrooms for the female prisoners. Although it is allegedthat every day a sweeper cleans the jail's two toilets, yet thateffort becomes futile due to excessive use of them.

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Capacity of Prisons in Bangladesh:The Prison of Bangladesh have accommodation for about 27,300prisoners. But in a average 80-90 thousand prisoners live inthose prisons. As a result of holding more inmates than thecapacity, prisons become incompatible for prisoners and providingproper service and facilities became a tough task.Here is ascenery of prison of Bangladesh:

Division Capacity Number of PrisonDhaka 8,626 30,609Chittagong 7,183 23,424Rajshahi 5,473 15,474Khulna 6,012 15,415Total 27,294 84,922

A jail is designed for short time periods only, it tends to haveless amenities than a prison. Individuals who are being housed ina jail have access to bathrooms and are provided with food andwater, and in a low security jail, they may be able to socializein common areas during certain periods of the day. Most jails aredesigned to hold a very small number of criminals, and haverelatively lax security when compared to prisons, although inareas prone to violence, a jail may be run along very strictlines. A jail houses people who have been convicted to serve ashort sentence, individuals awaiting trial, people who have notyet paid bail, and detainees who have just been picked up onsuspicion of committing a crime. The criminals are processedthrough a booking procedure, and the criminal justice systemdecides what to do with them after that.

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*5| The Statistics Is Collected From Jail Authority: http://www.prison.gov.bd/prison_head_quarter.php

Organogram Of Prison:

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Steps in the right direction for Prisoner:Despite these issues, the Government of Bangladesh has shown commitment to improving the situation in prisons and to consider the overall reform of the criminal justice system. The Ministry of Home Affairs and the Prison Directorate are working with thesupport of the German Government through the DeutscheTo reduce overcrowding, an approach to suit the Bangladeshi context has been successfully developed and implemented in Africa, particularly in Malawi and Sierra Leone. The focus is specifically on under-trial prisoners without access to legal support. Paralegals from non-governmental organizations (NGOs) have been trained to identify “forgotten” prisoners who are oftenincarcerated for longer than their supposed sentence. This is thefirst time that the government has allowed “outsiders” to work inside prisons. It is a good example for an effective public-private partnership. In three pilot prisons (out of 68 prisons intotal) these paralegals have been able to identify a large numberof prisoners who should not be in prison, either because they have already been imprisoned for longer than their supposed sentence or because they are innocent. The work of the paralegalshas had a significant impact on reducing overcrowding in these pilot prisons. To date, 1057 prisoners have been released. The approach is therefore likely to be rolled out to further prisons in Bangladesh in the future. Here is bunchof proposals which are supposed to replace the existing plight of the prisons of Bangladesh.

Outdated laws and procedures concerning prisons should be amended to institute a more humane and sophisticated approach.

There should be seperate4 prison for female prisoners near the larger central & district Jail.

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Formal complaint mechanism fo0r prisoners are recommended toreduce human security violations.

The system of visit should be improved so that it provides checks & balances to the administration of prisons.

In fracture and other necessary facilities should be provided so that all basic needs can be fulfilled.

More prison should be set up with modern facilities of a prison to mitigate the congestion in the prisons.

Overwhelming corruption of the prisons staffs and officers should be dealt with rigorously.

The staff of the prisons must change there behavior and treat prisoners with respect.

Healthy & Hygienic environment must be ensured. Special attention should be given for the young women &

physically disable person

The Govt. has taken up some project to prompt welfare of the inmates and bring them back to be integrated in society. Hopefully all Concern will take it as a moral commitment for upgrading the Human dignity.

Chapter-6

Conclusion:In a prison, the amenities are much more extensive, as someprisoners may be serving their lives behind bars. Prisons haveexercise areas, common areas for eating and socializing in lowersecurity areas, church facilities, and an educational facilitywhich includes classrooms, libraries, and labs to work and studyin. In lower security prisons such as those used to imprisonpeople convicted of white collar crimes, the prison couldsometimes be mistaken for a hotel. In most cases, prison inmatesare expected to share cells with other inmates, and because ofthe long duration of most prison sentences, a complex social andpolitical structure arises among the prisoners.

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A prison is capable of handling far more prisoners than a jailis, and the prisoners are typically segregated on the basis ofthe types of crimes that they have been convicted of, as a safetyprecaution. In addition, in countries which still have capitalpunishment, a prison maintains facilities to carry out capitalsentences, along with housing for criminals sentenced to thistype of punishment. In general, the prison facility as a whole isvery tightly secured, even if not all the criminals inside areviolent, to prevent escapes or potential violence between wingsof the prison. Prison staff are specially trained to work in aprison environment, and a board of governors appointed by thestate oversees prison management. The overall discussion is aboutprison administration system of Bangladesh and how to improve theprison system in Bangladesh. Specific areas should focus such as-overcrowding, delays in judicial proceedings, living conditionsin prison, the operational environment and management of prisons,and infrastructure and facilities. Reforms, particularly prisonreforms to deal with human security in our prisons are difficultto achieve. However, they can be brought about if concertedefforts are made by both govt. agencies in charge of prisonadministration and NGOs and civil society to improve prisonsystems. Health and Sanitation care facilities must be improvedfor which the directorate of prison must have its own healthservices. Living conditions of the prison inmates must be updatedso as to do away with the present deplorable. The presentphysical structures of prisons must be renovated for creatingcongenial atmospheres for exercising reformative programs. Thereshould be separate prisons for the female prisoners for safetyand security.

For children and babies coming with the convicted mothers at theprison there should be statutory arrangements for their growthand development. Some support from the Social Welfare Departmentneeds to be evolved in this context.

Vocational training facilities both for males & females should beupdated so that they can find job opportunities upon release. ACounseling Unit for convicts may be instituted for keeping aclose view upon them so that they can feel homely. If we can come

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up with stated suggestions then we can expect better regulatedprison administration system in Bangladesh.

BibliographyBook References:

Carlson, Peter M.; Garrett, Judith Simon, Prison and Jail Administration: Practice and Theory, Jones and Bartlett Publishers, 1999

Kader,Monjur;Hussain Md.Muajjem,Criminology:University Law Book Centre,2013

Sharp, Susan F. & Eriksen, M. Elaine (2003). "Imprisoned Mothers and Their Children". In Zaitzow, Barbara H. & Thomas, Jim. Women in Prison: Gender and Social Control. Lynne Reiner Publishers. ISBN 978-1-58826-228-8.

Web Links:

http://www.thedailystar.net/law/2007/january/02/opinion.htm http://www.prison.gov.bd/index.php?

module=content&action=default&cntid=1609&mid1 http://books.google.com.bd/books/about/Prisons_and_society.html?

id=sA-8kYB7EzcC&redir_esc=y http://books.google.com.bd/books/about/

Prison_and_jail_administration.html?id=sY7nRteCGEkC&redir_esc=y https://www.prisonlegalnews.org/displayNews.aspx?

newsid=108&AspxAutoDetectCookieSupport=1

Relevant Codes: The Jail Code,1894 The Civil Procedure Code,1908

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The Penal Code,1860 The Criminal Procedure Code,1898

~The End~

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