Claudia Coleman: Do remand prisoners have educational rights? A case study of Nsawam Security Prisons

Background:

As of the time of this write-up, the Nsawam (Male) Medium Security Prisons was made up 2,876 inmates; out of which 126 are remand prisoners. During a legal aid clinic, I took part, which I had the opportunity to interview over a hundred (100) inmates from both the female and male prisons at the Nsawam Prisons. Remand inmates accounted for almost 70% of those who participated mainly because the legal aid was targeted at them.

The varied outfits they wore caught my eye, and being a curious person, I inquired further. Those dressed in mufti were the remand prisoners popularly referred to as ‘remanders’ in the yard, while those dressed in blue uniform were convicts. I also noticed a few inmates in brown outfits and I was informed they were convict students enrolled in distance learning at the University of Cape Coast. Following that, I asked some of the young remanders what they were learning in prisons and they said nothing, so I inquired as to why they did not take advantage of the various training programs offered in the prisons and was told that remand prisoners are not permitted to participate in any of the training programs offered in the prisons. Given how long some of these remand inmates had been incarcerated, I was surprised to hear that.

Unfortunately, some of these remand offenders’ have delayed hearings, whiles others have never been in court to have their cases heard. It also came to my attention that some of the inmates have been held without legal representation for more than six years.

The purpose of this article is to determine whether remand detainees should receive the same professional skills and training as their convicted counterparts.

Laws relating to education:

Education is one of a person’s fundamental rights. It is regarded as a universal basic right of every individual because it is so basic and essential. Everyone has the right to education, according to Article 26(1) and (2) of the United Nations’ Universal Declaration of Human Rights. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

Also, Chapter 5 of Ghana’s 1992 Constitution, which itself is centred on the Universal Declaration of Human Rights (UDHR) because Ghana is a signatory to it, enumerated under Article 25 of the 1992 Constitution that all persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realisation of that right –

(a) basic education shall be free, compulsory and available to all;

(b) secondary education in its different forms, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education;

(c) higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular, by the progressive introduction of free education;

(d) functional literacy shall be encouraged or intensified as far as possible;

In the case of a remand prisoner, Article 19(2)(c) provides that a person charged with a criminal offence is deemed innocent unless proven guilty or has entered a plea of guilty. As a result, Article 15 (3) provides that a person who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from a convicted person. Consequently, in our prisons, remand prisoners are kept separate from convicted persons in their various blocks. However, apart from remand prisoners not being allowed to partake in training courses/professional education approved by Management of the Prisons Service, both remand and convicted prisoners virtually enjoy all rights accorded prisoners such as freedom of religion, right to receive visitors, rights to vote, right for legal representation, among others.

Challenges:

To cope with mental challenges while awaiting their fate, some of these ‘remanders’ turns to social vices learned from experienced criminals both to pass the time and to ensure their survival as inmates. The truth is that some of these inmates have been remanded for misdemeanour offences, but since they lack legal representation, they may end up overstaying their approved legal sentence. They may end up being negatively influenced by some inmates by the time they are released. In the worst-case scenario, a remand prisoner who has stayed for five years and later proved to be innocent after his trial has wasted five years of his life with no hope of restitution.

State Authorities in charge:

In Ghana, whiles the Prisons Service is in charge of all convicts, the Police Service is the institution in charge of all remand persons including remand prisoners in the various Prisons. I believe remand inmates are sent to the prisons by the order of the court to ease the congestion at the Police cells. This means it is the duty of the Police to take a remand inmate in the cell or prisons to every court hearing until trial begins or ends depending on the nature of the offence. Unfortunately, some Police officers abandon the remand prisoners (especially the poor) under their supervision in the prisons.

The law regulating the Service is the Police Service Act, 1970 (Act 350). Section 1 of Act 350 provides the functions of the service. It states that the Police Service as provided for by article 190 of the Constitution, shall prevent and detect crime, apprehend offenders, and maintain public order and the safety of persons and property. Interestingly, this institution does not have any provision in the Act regulating how to manage persons arrested and remanded under their custody.

Meanwhile, section 41(1) of the Prisons Service Act, 1972 (N.R.C.D. 46) states that ‘with a view to encouraging prisoners to lead useful and responsible lives after their release, the Director-General shall, after consultation with the Government, welfare and any other bodies as the Director-General thinks fit, establish in a prison course of training and instruction designed to teach simple trades, skills and crafts to prisoners who may benefit from the training.’

Apart from formal education pursued by some convicts through distance learning at various universities, there are other valuable courses pursued including tailoring/sowing, hairdressing, electrical and electronics, smock weaving, barbering, bakery, catering, draughtsmanship, and ICT, among others. Regrettably, this provision applies only to convicts. This means that while a convict is reformed for a better future through these training courses, a remand prisoner in the same prison will be wasting time.

In my opinion, legislation should be enacted to specify the period (between six months and one 1year) a remand prisoner should be held before being eligible to participate in these training courses. Article 15(3) should not include the professional training of a remand prisoner. I believe getting them involved in such training would alleviate the mental stress they face whiles awaiting their verdict. Also, it will prevent some remand persons from falling prey to social vices in the prisons.

If it is in the public interest for a prisoner (whether convicted or on remand) to exercise his or her citizenship right to vote in a national election, I wonder if it will also not be in the public interest for a remand prisoner who is presumed innocent to exercise his or her educational rights while awaiting the conclusion of his or her trial.

Conclusion

The Constitution states unequivocally that every citizen can benefit from state-provided education. My opinion is that it is high time the lawmakers consider amending Act 350 (which has been in existence for more than fifty years) to include provisions regulating both officers and arrested persons in their custody (taking cue from the Prisons Act), especially law on the possible training of remand prisoners in the prisons after a period of time. After all, education or training courses are not mandatory; they are optional for interested convicts; and this can be applied to remand prisoners, given the long duration they may spend in jail before being convicted or released.

I do not believe a remand prisoner who wishes to benefit from such useful training should be denied the right to education, which is a basic right, just like any other right exercised by all inmates. Additionally, I believe depriving a remand prisoner of his or her rights under Article 25 is a violation of his or her fundamental human rights. I humbly submit my opinion.

Source: Ghana News