Human Rights Situation in Hong Kong Prisons - Essay Example

? Human Rights Situation in Hong Kong Prisons Hong Kong has a rich economy and has been one of the biggest centers of trade in the world. According tthe Joint Declaration, in 1984, Chinese government signed a treaty not to change the laws in Hong Kong, established by British Government, during its reign. According to this treaty, all the laws in Hong Kong, except foreign affairs and defense, will remain in tact till 50 years after declaration. This strong law and order system provide good economic conditions to the inhabitants. It has a low crime rate which gives it a high ranking from Human Rights assessment agencies. The International Covenant on Civil and Political Rights or the ICCPR, along with The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, governs the human rights standards for prisoners in Hong Kong. ICCPR aims to require that every imprisonment should be a basis of social reform and no prisoner should face inhuman or cruel treatment without any discrimination. Article 10 of ICCPR states that: “1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as un-convicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.” The Economic and Social Council of Hong Kong also adapted United Nations Standard Minimum Rules for the Treatment of Prisoners in 1957. These rules are standard guideline for treatment with prisoners. Along with the above, Hong Kong Government has also adopted the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the Basic Principles for the Treatment of Prisoners, according to the UN standard Minimum Rules (1957): “Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and fundamental freedoms” And, so far juvenile prisoners are concerned, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, also called as the Beijing Rules. However, after Hon Kong had been given back to China, several questions were raised as to the applicability of United Nations Standard Minimum Rules for The Treatment of Prisoners, as, unlike Britain, China had not signed for it. Hong Kong has overall twenty-two penal facilities, along with adult prisons, juvenile facilities, drug addiction treatment facility and remand facility for prisoners waiting for trials, under the administration of Correctional Services Department (CSD), also known as Hong Kong correctional services, with a total capacity of more than 10,000 inmates excluding Vietnamese detention centre. However the number of prisoners in Vietnamese detention centre is far more than the rest of the facilities. CSD, a quasi-military agency, has around 10,000 employees with around 5,000 working staff. They are only allowed to carry wooden batons, only in male prisons, inside the prison unlike military prisons. They are well trained, before their appointment, and completely aware of their responsibilities inside the prisons. The staff appointed, inside prisons, is of the same gender as of the prisoners. The operations of CSD are mainly regulated by the Prison Ordinance, 1954 and the Prison Rules, 1954 and the agency is subject to report to the Department of Security. In addition to it, several other laws are also enacted like the Drug Addiction Treatment Ordinance, Immigration Ordinance for the Vietnamese migrant, the Detention Centre Ordinance and the Training Centre Ordinance. Several amendments have been passed to make local laws more coherent and synchronized with the Bill of Rights. The majority of prisoners, convicted in Hong Kong, are Chinese, Vietnamese, Filipinos, Thais and Pakistanis, as illegal immigrants. But, the majority of them are deported back to their home lands immediately after trial. However, the illegal immigrants are not entitled to various rehabilitation and drug addiction treatment facilities. Many of the prisoners are members of some criminal gangs, for which Hong Kong is quite famous, also known as Triads. Since the time of Vietnam War, more famously known as the cold war, there was a problem of illegal Vietnamese immigrants. There are still some detention centers in Hong Kong with people who were unable to get the status of war refugees. The government of Hong Kong has a stand of sending all Vietnamese back to their homeland with the assurance of non-persecution by Vietnamese Government. However, the few left back are administered under Immigration Ordinance, but have restriction on living within camps yet they live like families and, in Hong Kong, have a status of citizens. These detainees are those people that Vietnamese Government refused to take back. The detainee camps have a status of prison-like, not absolute prisons, which means people do not live in cells but can not go outside these camps. However, many Human Rights Watch Agencies have reported that such people are provided low quality food and live in bad sanitary conditions. The biggest Vietnamese Detention Center is at the High Island Detention Center. It held nearly 2,700 Vietnamese with 759 children monitored by 236 CSD staff, working in four shifts, and not allowed to carry weapons on the camp. The camp is divided into North and South Vietnamese population to avoid chances of riot, along with visitor room, punishment cells, and Quonset huts for living. The facility is surrounded with high double wall with more than fifteen guard towers. Only ten percent of the total population is employed by the CSD to do administration work while the rest of them remains idle which causes social problems. Detainees are free to move inside the camp and each one wears his own clothes. Detainees are also allowed one open contact visit every week. Facility is also searched for any possibility of weapons inside it. Any detainee, tries to make trouble, is sent to the Victoria Prison for three to four months for administrative work. However, several detainees complained to the Human Rights Watch Commission (Prison Conditions: 1997) about camp conditions and said that: “huts become unbearably hot during the summer; that the huts leak when it rains; that not enough food is provided; that the male guards watch the female detainees shower from their guard towers; that the CSD is extremely slow to repair things, such as fans, lights, faucets, etc.; and that there is no hot water in the winter” Despite of the education facilities, a number of children and juvenile were monitored as idle and indifferent to any personal growth. Medical facilities provided at the camps are inferior and no precautions are taken to separate patients with contagious diseases. There are less than four homicides reported, in these camps, per year. The regular Hong Kong prisons provide cells and dormitories to the prisoners, depending on the extent of security. Unlike other East Asian countries, Hong Kong prisons administration give extra ordinary care to hygiene conditions by keeping cells and dormitories clean and tidy. The beds used in living areas are metallic bunk beds which prisoners can use along with the cubbyholes. Prisoners can only use music players (With headphones) and also allowed to watch television in halls. However, they are not allowed to use walls for personal belongings like posters. Majority of the prisons in Hong Kong provide in-cell sinks and toilets facilities to the inmates, except the Victoria Prison, which has only an option of defecating in buckets. With all cells contain at least two prisoners at a time, prisoners have to tolerate foul stench in the cells for a long time. However, this practice is a violation of Standard Minimum Rule which requires adequate sanitary conditions for prisoners’ natural requirements. Prisons are equipped with only fan, and no air conditioning or heating facility for the prisoners. These facilities are only provided in infirmaries and computer labs, however, prisoners are provided with extra blankets in the winter. The main problem of the all prison facilities is overcrowding of inmates which means the capacity of prisons is not sufficient to accommodate the present number of prisoners. The Lai Chi Kok Reception Centre is famous for being most overcrowded facility in Hong Kong. It also requires staffing more people to handle current number of prisoners and is under severe risk of rioting. The Victoria Prison is the oldest facility in Hong Kong and stand as a historical monument. Some inmates, here, are forced to live in poorly lit rooms and dark basements and some cells do not have toilet facilities at all. Prisoners are provided with clean clothes and under garments along with towels and pillows as well and they are required to wear prison specific dress only. Prisoners in all facilities in Hong Kong are provided with a regular shower. Generally, good dining facilities are provided to the inmates. A well-balanced diet, including fish, meat, vegetables and fruits, is provided with a variety for different ethnic and cultural groups specifically Thai food, Chinese food, Vietnamese food and Indian food. The remand prisoners can order food from outside of the facility as well. The prisoners are allowed to take beer and wine and smoke in specified quantity and timings. Medical care facilities provided at the most of the facilities are adequate according to the Human Rights Watch. All the facilities have a medical staff consists of qualified doctors and a good supply of medicines. All incoming prisoners are subject to a complete physical examination for any sign of illness. However, the HIV testing is not compulsory and very few people are known to have a positive AIDS virus in Hong Kong prisons and facilities. Condoms are also provided on the facilities. Homosexual activities are neither permitted nor reported on facilities through out Hong Kong. However, it is quite famous that homosexual prisoners often drag prisoners with other sexual preferences in their activities. The order and control level in the prisons is quite high and there is a low number of within facility violence reports. In the past, Hong Kong prison authorities faced many riots and violence reports involving both prisoners and staff. But despite of the present problems of overcrowding and understaffing, the authorities have things under control. The facilities and prisons are also watched for drug trafficking and appeared to be drug-free. CSD take excessive measures to ensure that no drugs are kept in prisoner’s possession. Gambling is, however, on a high note and CSD officer confessed that prisoners bet with each other on different situations and some prisoners request to be segregated from other prisoners due to high gambling debts. Some of them have lived for more than year in segregation. Several prisoners are also segregated from the main population on the grounds of either being violent or being a subject of violence, for their own safety. In violence activities, some prisoners use home-made weapons and furniture to hurt others. These fights are products of gang war or individual conflicts. However, only less than twenty-five violence activities are reported annually through out the prison system. It can be said that lots of problems incurred due to overcrowded cells and idle prisoners. During 90s, ethnic violence was also reported when Chinese prisoners launched an assault against Vietnamese prisoners. Several attacks on CSD staff had also come into the notice of authority in past years. Prisoners are subject to disciplinary situations if find in a situation against the code of conduct. The punishments range from forfeiture of prison earnings to separate confinement for one to three months however corporal punishments are banned since 1981. As per Rule 68B, that deals in administrative segregation, of Prison Rules: “Where the Superintendent has reasonable grounds for believing it is desirable, for the maintenance of good order or discipline or in the interests of a prisoner, that such prisoner should not associate with other prisoners, either generally, or for particular purposes, he may order the removal of such prisoner from association for a period of not more than 72 hours.” Prisoners, accused of any kind of offense, are confined in cells and not allowed to go outside of their cells except for shower and prison work. However, prisoners can appeal against any punishment ordered to them as a result of disciplinary offense. Verbal abuse is most common in Hong Kong prisons and several prisoners complained about CSD officer’s abusive language. In accordance with the Bills of Rights, prisoners are allowed to send one letter per week. Convicted prisoners are liable to do prison work however it is not mandatory for the un-convicted prisoners. Mainly, due to overcrowding problem, lots of prisoners remain idle but even then, the Correctional Services Industries (CSI) produce more than $400 worth of goods and services. CSI operates many industries in the prisons including metal work, leather work, book binding, knitting, carpentry, fiber glass and other small industries. However, many prisoners are found spending time in meaningless skills to be kept busy. Prisoners are paid for the work done but have an obligation to save ten-percent of it at any cost. All juvenile prisoners, or prisoners under the age of twenty-one, are subject to get half day education and half day training. The class rooms are well maintained and an adequate teaching staff is appointed, however, teaching staff is not sufficient to control the prisoners required to take classes. This is another problem occurred due to the overcrowded state of prisons. Most of the libraries in Hong Kong prisons are well established and adult education is provided on voluntary basis. A large number of prisoners in Hong Kong are male however more than ten-percent are women which are still a big number as compared to the other East Asian countries. The main reason of this high population is Chinese illegal sex workers, working without employment visa. Another reason of high number of female population is high drug addiction rate in women in Hong Kong. In accordance with the International Bills of Rights, convicted women have a right to keep their babies until they become a minimum of nine months old and a maximum of three years old. It is also a mandatory rule that women prisoners are only be supervised by women staff and male staff will only come in proximate with female prisoners while accompanying the female staff. There are also play rooms and nurseries infants and toddlers inside the prisons. There are also special juvenile facilities in Hong Kong for rehabilitation of young convicts. The facilities have a status of either a training center or a detention center to enforce the idea of reformation and not imprisonment. The training center has an objective of making juveniles capable to develop skills and the objective of detention center is to create self-respect, respect for law and other people among them. Convicts known for suffering from depression and mental deficiencies are kept in Siu Lam Psychiatric Centre. However there is no formal process of medical checkup of prisoners for any mental disorder occurred during imprisonment. Siu Lam Psychiatric Centre is known for lack of qualified staff and modern conditions required for a psychiatric centre. The main reason of such shortage is the status of this facility which is of both a psychiatric centre and a prison. This facility is also shortened of any padded cells required for violent patients. A large proportion of prison population is comprised of drug addicts that require prison authorities to operate Hei Ling Chau Centre for Men and Chi Ma Wan Centre for Women. However, many addicts are still confined in regular prisons instead of treatment centers. The convicted prisoners had no right to vote, previously; despite of the Hong Kong Bills of Rights which stated that every resident of Hong Kong has a right to vote. It has been a matter of discussion for past years that whether prisoners should vote in election or not. This was in accordance with British disenfranchisement law which also stated that convicted prisoners have no right to vote whatsoever. In 2004, the European Court of Human Rights gave a decision that such blanket ban is a violation of Human Rights. Any legislative changes are still in process in United Kingdom. The felony disenfranchisement provisions are enacted to prevent crimes and forfeiture of some rights, including the right to vote, to impose the importance of law. However, the blanket ban over voting by prisoners, without considering the nature of offense and conviction, was considered as unrealistic. In December 2008, Leung Kwok Hung, who was a member of Legislative Council of Hong Kong, challenged the disenfranchisement provisions of Hong Kong. The Court gave a decision to repeal the disenfranchisement provisions and gave right to vote to prisoners, including those who were convicted on electoral offences and bribery. The Legislative Council passed the Bill and it took effect from October, 2009. According to Garland (1993), Nelson Mandela once said that: “It is said that no one truly knows a nation until one has been inside the jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.”   References Coyle, A. (n.d.). A Human Rights Approach to Prison Management. Available from http://www.prisonstudies.org/info/downloads/handbook_2nd_ed_eng_8.pdf Felony disenfranchisement. (2012, March 16). In Wikipedia, The Free Encyclopedia. Retrieved 08:44, March 25, 2012, from http://en.wikipedia.org/w/index.php?title=Felony_disenfranchisement&oldid=482249332 Garland, D. (1993). Punishment and modern society: a study in social theory. Chicago: University of Chicago Press. Human Rights Watch, Hong Kong: Prison Conditions in 1997, 1 March 1997, C905. Retrieved 08:44, March 25, 2012, from http://www.unhcr.org/refworld/docid/3ae6a7d014.html Office of United Nations High Commissioner for Human Rights. (1976) International Covenant on Civil and Political Rights. Retrieved 08:44, March 25, 2012, from http://www2.ohchr.org/english/law/ccpr.htm#art10 Prison Rule. (1997). Removal from Association. Retrieved 08:44, March 25, 2012, from http://www.legislation.gov.hk/blis_ind.nsf/CURALLENGDOC/C0381AC57B2612FCC825648300297FCC?OpenDocument Tonry, M.H. (2006). The Future of Imprisonment. Oxford University Press. United Nations standard Minimum Rules (1957). Treatment of Prisoners. Available from 08:44, March 25, 2012, http://www.unodc.org/documents/justice-and-prison-reform/AGMs/Notes_and_comments-1250048-DMU_version.pdf Read More