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Oct 26, 2008 Editorial
A person is supposed to feel safe while in official custody. A person is supposed to be afforded right while in police custody.
If a citizen of this country is not safe within the confines of a police station, then how can a citizen living within society feel safe?
A person arrested is supposed to be protected. It is the duty of the police to ensure the physical wellbeing of those persons they arrest.
The failure of the Guyana Police Force to do this over the years signals a distressing situation.
The police must take responsibility for all those who are incarcerated.
They simply cannot arrest someone, throw that person into a cell with others, and not have the ability to ensure that the imprisoned person’s rights are respected while in custody.
The police may be overwhelmed by inadequate holding facilities, but that cannot be a justification for failing to ensure the safety and security of those held in the lockups.
What is sad is the fact that, despite the many complaints over the years, despite the filthy and inhuman state of our lockups being common knowledge, very little has been done to create a safer and healthier environment for those held in these lockups.
This failure cannot be separated from the way in which criminals or accused persons are perceived. If these persons were respected as fellow human beings, if there was greater recognition for the rights of these citizens, they would never be thrown into dungeons that are fetid and unlit. They would be treated with greater respect and regard.
However, we have over the years developed a culture in which criminals and accused persons are often perceived by the public as being unworthy of human rights, and thus there has rarely been a public outcry over the disgraceful conditions of police lockups, some of which have limited ventilation and are often crammed.
In the past, there has been some attempt to separate hardened criminals from the general population, but the inadequacies of space often pose a problem for the police. There are, of course, too many persons being detained in the lockups.
Many of these persons should be allowed out on bail, so as to avoid overcrowding in the lockups. This is one way in which the situation can be addressed.
However, if we are to minimize deaths in police custody, there needs to be more comprehensive reforms undertaken. A first step should be by establishing clear guidelines as to the number of prisoners per holding cell.
A second measure should be to so design these cells that the police on duty always have a clear visibility of what is taking place within these cells.
Thirdly, adequate provision should be made for prisoners to have access to washroom facilities, to avoid situations where these prisoners relieve themselves right on the floor.
Of course, there are wicked prisoners who deliberately do these gross acts in order to prove some perverted notion of their self worth.
However, the authorities are likely to find that the greater respect is given to prisoners, the more they are treated as human beings, the less trouble is likely to come from them.
The death of James Nelson is sad. Even sadder is the fact that he was an extremely vulnerable individual, and therefore ought not to have been confined in the manner that he was.
May his death not be in vain. May his death finally turn the tide in favour of a more humane attitude towards prisoners.
Let us ensure that we use the case of James Nelson to bring an end to deaths in our prisons and lockups.
Let the name James Nelson not join the long list of persons who died while in official custody without justice being served. It is time that this situation ends. Let James Nelson be the last to die in custody.
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