Sex for prisoners is a human right

Nov 19, 2021 Letters

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Dear Editor,

Kaieteur News – When I was a member of the National Commission of Law and Order (NCLO), I had raised the question about conjugal visits for prisoners to the then Commissioner of Police Mr. Henry Greene and Mr. Clement Rohee, the then Minister of Home Affairs and Chairman of the NCLO. I could see from the demeanour of the Home Affairs Minister and the words he spoke he truly believed in the idea of human rights of prisoners in permitting Conjugal visits.
I made the point then that in the same way a prisoner is entitled to food he is entitled to the right of sexual visits by his or her legal married partner. Similarly, the right to breathe; the right to clothing, the right to sleep, the right to medicine and housing, etc.
I Hajji Dr Roshan Khan truly believes in this concept, whereby legally married couples, or proven common-law partners be it male/female in our prison system are allowed to have what in my opinion is a genuine necessary human right. I will delve more into this argument as I proceed in this article.
These are some of the basic human rights that modern civilisation has bequeathed to humanity. It is a human right that would have existed from the dawn of creation of humanity. It is a necessary component of sanity and life.
The human sexual drive is truly the most powerful drive in Man’s nature. To deny human beings and in particular, married couples this right even though they are imprisoned and maybe deservedly so, for the atrocities that they might have committed in society e.g.: breaking and contravening the social `mores‘, laws and bylaws and criminal laws. Even the conjugal partners out of the prisons will accept that their partner committed a crime and that he/she deserves to be punished. However, the partner on the outside does not deserve to suffer or develop adulterous relations.
The sexual drive is so powerful that it runs some people mad and could create violence even in the prison system. The sexual urges cause rapes on fellow inmates, be it male or female, especially the vulnerable: the new prisoners; the youths; the weak ones. Homosexuality and lesbianism are prevalent in the prisons even though many men and women might not have been so inclined. Desperation and circumstances would force them into it. It is also known that homosexuality causes more spread of HIV/AIDS and other sexually transmitted diseases in prisons. It has to be accepted that in the prison system these activities are prevalent as in most prisons condoms are given out especially to the male prisoners. As a human being, I believe even gay partners who have been married or living together in a civil union, if that is ever allowed in Guyana, they too should be allowed to meet.
As a religionist, I am not supposed to accept such ideas but I am speaking of a sociological and human reality that exists today and even from the earliest period of human civilisation.
Conjugal visits as it is known carries a bad name as it has a stigma attached to it. Therefore, I propose that it be referred to as extended family visits or positive partnering or something of that nature, where the wife/husband/family could communicate with the husband/wife or vice versa and keep the sanity and the family connection together. It is my staunch viewpoint that this would help in the reformation of the personalities of the individuals who would have committed crimes. Of course, in the prison system with rehabilitation systems and techniques put in place along with training: baking, cooking, welding, mechanics, construction, waiters/waitresses, etc. In this way, they will be better able to face the world on being released. More so, knowing that they have had intimate relationships with their partners and they have something to look forward to, they would not be tempted with jealousies and envies. After both partners have had some of these basic human rights and human instincts satiated.
Of course, they will be better producers in the prison system of work and labour, being content and looking forward for the next opportunity to meet with their beloved. They obviously will have the tendency not to behave in a manner to be denied as the prison warden could use denial as a form of punishment for misbehaviour. It is obvious this facility will not be given immediately upon imprisonment. Maybe a few months after imprisonment, by which time the prisoners, male or female, would have proved that they are inclined for rehabilitation and blessed with legal Conjugal visits. My viewpoint is that the chances of recidivism (Prison Returns) would be lessened and possibly paroled early for extraordinary, excellent behaviour.
There are several prisons around the world and over time, this practice has been ongoing. It exists in Pakistan and Mexico where families are allowed to actually spend time with their partners in the prison nonstop. Since it is opened and allowed, other prisoners do not invade the space of fellow prisoner’s families. For Guyana and the western world, this might be scary to implement immediately. However, there are several countries, which allow this humane human right to prisoners, e.g., Denmark.
In Denmark, conjugal visits are permissible. The State Prison of East Jutland has apartments for couples, where inmates who have been sentenced to more than eight years in prison can have visitation for 47 hours per visit. Germany allows prisoners and their spouses or partners to apply for conjugal visits. The wisdom is that it helps to retain family connections. Those who are approved are allowed unsupervised visits, which can preserve intimate bonds with their partners. However, prisoners are searched before being allowed to visit.
In Pakistan, conjugal visits prior to 2009 were permitted only under special circumstances. In August 2009, Federal Sharia Court ruled that married prisoners should be allowed conjugal visits at the designated facilities within the jail complex and alternatively, they should be granted a short parole to visit their spouses depending on their crime and positive behaviour in the prison system. Following the ruling, the Province of Sindh was the first to adopt the legislation providing conjugal visits for married prisoners within jail premises. Human Rights Book 2010 reports that conjugal visits are now available for prisoners in all Provinces in Pakistan and Federal territories if they are male and married. Here I say female discrimination, why it is that Pakistan would not allow females to have their husbands visit them for communication, partnership and keeping human sanity.
It is known that in the 1900s, in Mississippi USA, the Prison Warden allowed prisoners conjugal visits even if they did not have a partner. They were given 25 cents to hire a prostitute. One of the reasons was to keep their sanity, their humanity and at the same time, they would work excellently in the prison garden to produce their own sustenance.
I also believe that any prisoner of good behaviour who was not violent in the committal of crimes and unmarried but wishes to marry and has a partner should be allowed to do so. After a short period has elapsed, he/she should be allowed conjugal visits. The right to marriage is also a human right.
You see Editor, friends and families, readers, when persons get married, something happens within their psyche (mentality and spirituality wise). Their body and soul call for their partner to share with each other. I do not have any scientific data on this but I am speaking on this as my personal opinion, as I am equating marriage with sex and human sanity. This also could help in behaviour modification.
I recall sometime ago, Trinidad was contemplating it and I was shocked to listen to a supposedly intelligent Member of Parliament saying, ‘allowing wives to have conjugal visits with their husbands or partners would amount to prostitution.’ I do not see how this man could dare equate these kinds of visits that would keep a human couple together; that would help to ease the frustration and tensions in prison, how could he equate people who are legally married and their relationship to prostitution? I would like to ask if he has a partner or a wife, whenever he goes to bed with that person, should it also constituted or considered as unpaid prostitution?
I know this will be a controversial subject in Guyana and I know many leaders of government and religions may not see the wisdom, but I pray that they will, so we could create a better advanced society as in Denmark.
Now where do they meet? Our jail system most likely will not have such accommodation but future prisons can be built with a section for husbands and wives and even families to meet. Citizens of Guyana and shipping companies could be asked to contribute some containers to a great human cause. The containers could be fitted to house the couples, a 20ft container could be divided into two, and a 40ft container could be divided into four. The containers could be made fairly comfortable.
Some states in the United States of America allow one hour and some allow two hours. My advice to the government, the authorities, his Excellency President Ifraan Ali, the Hon. Minister of Home Affairs, the Attorney General, the Commissioner of Police and others should meet with the Cabinet to discuss this and the realities of how it will benefit Guyana and create a more positive and harmonious society. This way, the world could see us as a truly civilised and exemplary nation.
You must note that prisoners who are on death row should not have this benefit or facility since they have nothing to lose. They might not want another man to touch their wife/partner so something catastrophic could happen there. Furthermore, persons who are known to be violent or have been sentenced to prison for violent offences should not be allowed to have conjugal visits unless they pass through a psychological testing period. For non-violent offences, this facility should be studied and possibly be implemented even if it is once per month or once quarterly. If it is once per month, it could be one or two hours, if it is once quarterly, it could be three hours and if truly qualified maybe one to three days respectively.
Think citizens of Guyana and please my government of our dear land of Guyana, let us mature and grow and truly comprehend that sexual intercourse is a natural human right. Even though the words sex and intercourse in our society might be considered as a taboo subject as it carries a stigma to some people.

Sincerely,
Hajji Dr. Roshan Khan

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