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Vanuatu Ombudsman's Reports |
REPUBLIC OF VANUATU
OFFICE OF THE OMBUDSMAN
PUBLIC REPORT
ON
PRISON CONDITIONS
AND
MISMANAGEMENT OF THE
PRISONS BUDGET
16.09.99
-----------------------------------------
FINAL REPORT ON PRISON CONDITIONS AND MISMANAGEMENT
OF THE PRISONS BUDGET
SUMMARY
Since 1995 and continuing up to now, reports on the conditions of Vanuatu’s prisons and complaints received from prisoners have shown that our prisons are unsafe and our prison conditions fall far below minimum international standards. These matters have been harshly reported on by the Public Works Department, ESCAP and Amnesty International.
The condition of Vila Central Prison (Ex French Prison) deteriorated so badly that eventually, in mid-1998, the prisoners were evacuated because of the safety risks. Vanuatu’s other prisons, in Port Vila, Santo and Tanna are also old and in poor condition, with cracks, leaks, poor ventilation, no mosquito protection, unhygienic premises. The Ombudsman found that the physical condition of the prisons, in particular Central Prison, violated prisoners’ fundamental Constitutional right to 'security of the person', i.e. a safe, healthy environment.
Furthermore, the treatment of prisoners in Vanuatu does not meet minimum international standards, in such areas as:
The Ombudsman therefore also found that the Prisons (Administration) Act and the administrative practices of the Prison Services are defective.
Although the Prisons (Administration) Act provides for a Prison Visiting Commission to inspect and report on prison conditions and living conditions of prisoners, no former Ministers has established this Commission. The Ombudsman found this conduct to be contrary to the requirements of the Prisons (Administration) Act.
Adequate steps have not been taken by the responsible Police Commissioners and Ministers, to improve the physical and living conditions of prisoners. The situation has been made worse by the misuse of prison funds. The Ombudsman found that prison funds have been diverted for general police use, so that even the limited funds budgeted for prisons have not been used to improve the dire situation. The inaction on these matters by the responsible Leaders has endangered respect for and integrity of the Government of Vanuatu, violating Art 66(1)(d) of the Leadership Code of the Constitution.
The Ombudsman recommends that:
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TABLE OF CONTENTS
---------------------------------
1. JURISDICTION
1.1 The Constitution and the Ombudsman Act allow the Ombudsman to look into the conduct of government, related bodies, and Leaders. This includes the Police Force, which is responsible for Prison Services, and the Minister responsible for Police. The Ombudsman can also look into defects in laws or administrative practices, including the Prison (Administration) Act [CAP 20] and prison practices.
1.2 In this case, the Office of the Ombudsman enquired on Own Initiative, into the prison conditions and the use of the prison budget. Over the course of the enquiry, prisoners lodged numerous complaints to the Ombudsman Officers during our monthly visits to Prisons, expressing their concerns and fears about prison conditions.
2. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED
2.1 The purpose of this paper is to present the Ombudsman’s findings and recommendations as required by the Constitution and the Ombudsman Act
2.2 The scope of this investigation is to establish the facts about the following:
2.3 This Office collected information and documents by informal request, summons, letters, interviews and research. Much of the information in this enquiry resulted from Ombudsman’s Officers’ monthly visits to the Port Vila prisons, when prisoners lodged complaints and prison conditions are seen personally by the Officers.
3. RELEVANT LAWS, REGULATIONS AND RULES
3.1 CONSTITUTION OF THE REPUBLIC OF VANUATU
FUNDAMENTAL RIGHTS AND FREEDOM OF THE INDIVIDUAL
5. (1) The Republic of Vanuatu recognises, that, subject to any restrictions imposed by law on non-citizens, all persons are entitled to the following fundamental rights and freedoms of the individual without discrimination on the grounds of race, place of origin, religious or traditional beliefs, political opinion, language or sex but subject to respect for the rights and freedoms of others and to the legitimate public interest in defence, safety, public order, welfare and health.
(a) life;
(c) security of the person;
CONDUCT OF LEADERS
66. (1) Any person defined as a leader in Article 67 has a duty to conduct himself in such a way, both in his public and private life, so as not to- ...
(d) endanger or diminish respect for and confidence in the integrity of the Government of the Republic of Vanuatu.
3.2 THE PRISONS (ADMINISTRATION) ACT [CAP 20]
MINISTER TO MAINTAIN AND ADMINISTER PRISONS
(2) Each prison shall be visited at least once a year by a Committee consisting of at least three members of the said Commission for the purpose of:-
(a) inspecting the fabric, fittings and furnishings of the Prison;
(c) ascertaining the living conditions of the said prisoners;
(e) receiving and recording any complaints as to the conditions of the said prison as may be made by any prisoner therein.
(4) The Visiting Commission shall submit to the Minister a report annually on prisons and may, and any member may, submit such other report as the Visiting Commission or such member may deem necessary.
3.3 STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS, adopted by the United Nations, 1955, and
BODY OF PRINCIPLES FOR THE PROTECTION OF ALL PERSONS UNDER ANY FORM OF DETENTION OR IMPRISONMENT,adopted by the United Nations, 1988
These internationally accepted guidelines regarding prison conditions and treatment of prisoners are considered the minimum accepted as suitable by the United Nations. They include the following points which relate to complaints received during this Ombudsman’s enquiry:
• Separation of prisoners in different prisons or parts of one prison: men from women, untried prisoners from convicted prisoners, young offenders from adults.• All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.• Adequate toilet and bathing facilities, kept scrupulously clean• Every prisoner to have a separate bed with separate and sufficient clean bedding• Food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served, and clean drinking water; regularly inspected and reported upon by a qualified medical officer• Outdoor exercise daily• Prisoners to be examined by a qualified medical officer upon admission, and provided with medical care and treatment when necessary• Prison discipline to be administered according to law, which determines what conduct constitutes an offence, the types and duration of punishments, and the authority allowed to impose the punishment, and prisoners to be given an opportunity to present a defence• No corporal (physical) punishment, keeping in a dark cell, or cruel, inhuman or degrading treatment • Use of restraints (handcuffs, leg irons, etc) only to prevent escape during transfer, to prevent injury, or on medical grounds
(Emphasis added)
3.4 PHYSICAL PLANNING ACT [CAP 193]
DEMOLITION OF DANGEROUS BUILDINGS
(a) that in the opinion of the Council the structure is dangerous;
(b) the reasons for that opinion;
(c) that the person having the interest must make the structure safe;
(d) the date for which it shall be safe.
(3) If the structure is not made safe by the date of the notice, the Council may demolish the structure and recover its costs from any court of competent jurisdiction as a simple contract debt.
4. OUTLINE OF EVENTS
4.1 The Ministers responsible for the Police and Prison Services were and are:
PM Maxime Carlot Korman 1995
Charlie Nako 1996
Robert Karié 1997
Walter Hadye Lini 1998
Vincent Boulekone 1998/99
4.2 The Police Commissioner has overall responsibility for the administration of prisons within the police force, including the prison budget. The Police Commissioners are:
Sato Kilman 1993-1994
Charlie Obed Monomono 1994 (Acting)
Luc Siba 1994-1996
Peter Bong 1996-1999
4.3 One of the responsibilities of the Minister responsible for Police is to appoint a Prison Visiting Commission, to inspect and report on prison conditions. We were advised by the Police Commissioner and the Superintendent of Prisons that such a Commission was never appointed since independence. (The present Minister of Internal Affairs, Mr Vincent Boulekone, has made an appointment of members for this Commission after he received a copy of our preliminary report on this issue)
PRISON CONDITIONS
A PHYSICAL CONDITION OF PORT VILA CENTRAL PRISON (Ex French Prison)
4.4 The complaints were centred on the conditions of the prison building which was appalling. It was stated that there were cracks showing in the walls and the ceiling of the building. When it rains, the water would leak through the ceiling and into the cells. It was alleged that the conditions were known to the Police and Prison authorities however nothing has been done to improve these conditions. There was a general fear amongst the prisoners that, if an earthquake or cyclone hits Vanuatu, their lives would be at risk.
4.5 In addition to this cracks on the walls and the ceiling of the building, electrical wires are dangerously exposed in the prison cell blocks. This may prove hazardous to the prisoners living in the cell blocks.
Reports on Prison Conditions, by Officers in Charge of Prisons
4.6 The Officer in Charge of Prisons from 1995 onwards usually compiled weekly reports which later changed to monthly reports that were made to the Superintendent of Prisons giving an account of the Prison population for each week or month and the activities and problems of the Prison during that reporting period. We noted that the Officer in Charge did report to the Superintendent the deteriorating condition of the Central Prison as one of the problems faced. He recommended some action to be taken. These reports and recommendations were as follows:
(i) November 1995 Monthly Report stated (quote)
'Ex-French building nomo we prison ikat mo ikat plante repot long hem finis we OC Prison i submitem long manis February, May, September mo October 1995 mo sam man blong haos oli kam mo inspectem mo oli lukem wanem OC Prison i repotem'.
(ii) October 1995 Monthly Report stated (quote)
The Ex-French is the only building the prisoners have in Vila which is very old and need full renovation. It is better that repairs be done before the cyclone season gets worse'.
(iii) September 1995 Monthly Report (quote)
' .... the Building state and condition was reported since the beginning of the year and so far nothing had been done about it'.
(iv) Weekly Report of 29/05/95 stated (quote)
'Mi save mekem wan recommendation se prison building i needim quick repair'. (Concrete roof nearly collapse)
(v) April 1995 Monthly Report stated (quote)
'(c) To consider the renovation of Prison Buildings; and
(d) To seriously consider the cracks and if possible to evacuate the prisoners to another building'.
(vi) Weekly Report of 02/04/95
'Mi recommend se concrete roof blong Prison be repaired quick (condition too dangerous)'.
(vii) Weekly Report of 22/03/95
'I have to recommend that the whole Prison building need urgent repair. (Present condition on concrete roof will soon collapse)'.
4.7 During the Ombudsman’s visit to Vila Central Prison in 1995, the deteriorating structural condition of the building was inspected and a request was made to the Department of Public Works to send an Engineer to carry out a full inspection and report his findings to the Office of the Ombudsman.
First report on the condition of the prison building by the Department of Public Works
4.8 On 29/07/95, the Public Work’s Engineer gave his report to the Office of the Ombudsman about their findings on the condition of the structure of the Central Prison Building. Their report revealed and confirmed the following:
(i) There were 'systematic cracks' in the roof and the walls of the building.
(ii) There were wide open cracks along the roof of the building.
(iii) At the junction between the wall and the roof, there are cracks and that Public Works Department therefore recommended immediate work to be carried out at the junction to prevent the collapse of the building.
(iv) The roof is not waterproof anymore. Therefore the waterproof matting on the roof needs to be replaced.
(v) The structure has specifically suffered from seismic activities over a long period.
(vi) The estimated cost of all the above repairs would amount to Vt 5,000,000.
(vii) However the concrete shell of the Prison building is fragile and cannot be repaired. Therefore a new prison must be planned and built to save continued maintenance costs. (see Appendix A)
4.9 In addition to the above report they also submitted a structural plan of the Port Vila Central Prison indicating areas where the cracks or structural problems are located. If there were to be any maintenance or renovations carried out, they also made available a proposed plan.
Second report on condition of the building by private engineer’s company
4.10 For purposes of fair reporting on the structure of the Prison Building a request by the Ombudsman was made to Kinhill Kramer (Vanuatu) Limited Consulting Engineers to inspect the structure of the Prison Building and report to us their findings, which were as follows (quote);
(i) 'The bitumen type membrane layer has completely broken down and allows rain water through the many cracks in the concrete roof. This membrane is repairable for a reasonably high cost.'
(ii) 'There are a number of areas of concrete cancer, where rusting steel reinforcement expands and forces pieces of concrete to break off. This problem is evident in most areas of the prison roof. Additionally the steel conduit carrying the electrical cable inside the concrete roof has also rusted badly.'
(iii) 'These concrete problems are serious and difficult and expensive to fix. Electrically it is not safe to with steel conduit completely rusted out and new conduits and wires need to be installed through the prison, even if the system is working at present.'
(iv) 'The concrete cancer in the roof can be repaired but it is very expensive and not really worthwhile considering the general condition of the building structure.'
(v) 'There are also a number of wall cracks which appear to have resulted from earthquakes and this would indicate a weakness in the wall construction.'
(vi) 'The sanitary facilities are basically inadequate in the Prison. The showers are barely adequate, however the four working toilets have no hope of catering for up to seventy inmates.'
(vii) In summary, there are some serious structural weaknesses and deterioration in the basic building structure and economically it is not worth injecting a large amount of money to repair such a building. Some serious consideration should be given to a new prison complex.' (end of quote) (see Appendix B).
4.11 On the basis of the above reports the Office of the Ombudsman wrote to the Port Vila Municipality on 20/05/96 to report the condition of the Port Vila Central Prison building and requested the Municipality to consider an inspection of the Prison building and issue a notice as required under s10(1) of the Physical Planning Act [CAP 193]. It has been three years and there has been no response to the Ombudsman.
4.12 In May 1996 when the Ministry responsible for Police was transferred to the Minister of Home Affairs Honourable Charlie Nako, the Acting Superintendent of Prisons made a briefing memorandum and reported to him the conditions of the prison buildings in Port Vila, Santo and Tanna.
4.13 Besides numerous exchanges of correspondence, a meeting was held at the Police Headquarters on 09/10/95 with the Police Commissioner, his Senior Police Officers and Prison Officers along with other invited participants. In that meeting the members of the Police advised that:
(i) There were plans for a new Prison to be built. However the problems lay in the acquisition of the land from the customary land owners. Because of this they are unsure whether such a plan will eventuate.
(ii) In addition they have made proposals to the National Planning Office to make the necessary submissions to overseas donors for funding of this project. They were however advised that the construction of the new Prison campus was not one of the Government’s priorities.
(iii) Because of the above they did not know what to do except to carry out minor repair maintenance on the buildings using prisoners to carry out the repairs.
4.14 The representative of the National Planning Office explained in the above meeting that:
(i) Their Office is responsible for matters relating to submissions and negotiations with Overseas Aid Donors for approved Government Projects in Vanuatu.
(ii) Normally the Aid Donors require confirmation from the National Planning Office that the proposal is a Government priority infrastructure project. If it is, then the project would receive the required overseas assistance.
(iii) Prisons are currently not a Government priority.
ESCAP report on conditions of Vanuatu prisons
4.15 On 09/10/95 Mr Akio Omori, Regional Adviser on Crime Prevention and Criminal Justice, Social Development Division ESCAP made a report of his visit to Port Vila and especially the conditions of Port Vila Central Prison. His full report is annexed to this report (see appendix C). In his report he highlighted the following, regarding the physical conditions (quote):
PWD 1997 report on the condition of the Vila Central Prison
4.16 Nothing further was done until 1997, when Commissioner of Police Peter Bong requested a study from Public Works Department. This new report of March 1997, confirmed the following (see Appendix D):
(a) a total of VT17.400.000 is necessary to repair the Building to an acceptable lever in order to secure the structure watertight the roof fix electricity and refurbish sanitation separate the kitchen painting.
(b) the cost to build a prison is estimated at Vt 50 million.
4.17 The main findings are that
(a) Today the central prison building is not safe. The structure needs urgently to be reinforced and the electricity to be fully re-built at a cost of VT11.000.000.
(b) The total cost to upgrade is to be VT17.000.000 which is 34% of the construction of a new building. So if the Vanuatu Government can secure the amount of Vatu 50 million, it is quite more reasonable to carry out the construction of a new central prison'.
4.18 Commissioner Bong made recommendations to build a new prison to the then Minister responsible for Police, Honourable Walter Lini.
1998 Amnesty International (AI) Report
4.19 Two weeks after the state of emergency ended following the 12 January 1998 riot, Amnesty International investigator based in London, Dr Schurmann-Zeggel arrived in Port Vila to investigate allegations of police brutality on riot suspects and inspect the conditions of the Ex British and French Prison buildings in Port Vila. AI heavy criticised both the physical condition of both prisons and the lack of sufficient space to house the inmates and suspects:
At the time of writing this report, the men were held in conditions amounting to cruel, inhuman and degrading treatment in a decaying overcrowded former colonial prison'
4.20 AI reported that the mass arrests highlighted long standing deficiencies in the prison, including prison buildings made unsafe by earthquakes and water seepage, and a lack of safe accommodation for female prisoners.
4.21 On 25 June 1998, the remaining convicted male prisoners who were kept in the Central Prison were moved to join those at the Ex British Prison. Two female prisoners continued to live in this deteriorating Central Prison until after 8 September 1998 when they were moved to another location. The Central Prison remains unsafe and unused at this time, resulting in overcrowding at the Ex British Prison.
B PHYSICAL CONDITION OF OTHER PRISON BUILDINGS
4.22 The Ex British Prison at Independence Park in Port Vila is smaller than the Central Prison. It has six cell blocks with a very poor ventilation system. Each room can accommodate four to five prisoners. By the end of November 1998, there were about 30 prisoners being accommodated in this prison building. The rooms were overcrowded.
4.23 The building is dilapidated with cracks and crevices in the walls ceilings and foundation. Parts of concrete fall out each day from the walls and the roof. When it rains, water seeps through the concrete roof into the cell blocks. The building has become a good breeding place for insects and mosquitoes.
4.24 The Santo Prison Building is also one of the old remains inherited from the two colonial Governments on Independence in 1980. The building is dilapidated with cracks in the walls, concrete roof and the foundation. When it rains, water seeps through the cracks into the cell blocks.
4.25 The prison house in Tanna is old. There are cracks in the roof, walls and foundation. When it rains, water seeps through the concrete roof into the cells. The plumbing system of the building has now caused unsanitary conditions inside the prison. Water leakage inside the bathrooms and toilets have continuously accumulated, creating very unhygienic conditions inside the prison.
C OTHER CONDITIONS FOR PRISONERS
4.26 The Office of the Ombudsman has received repeated complaints from prisoners about other aspects of life in prison. Based on the number and consistency of these complaints, as well as the observations of Ombudsman Officers during prison visits, the Ombudsman accepts that there is merit to these complaints. The concerns include:
4.27 The 1995 ESCAP report on prisons referred to above also highlighted these types of problems in the prisons (quote):
... the following problems should not be overlooked in the light of the United Nations Standard Minimum Rules for the Treatment of Prisoners...
(a) Prisoners are not separated according to categories. For example, untried prisoners are mixed with convicted prisoners and young prisoners (the youngest is 16 years of age) with adult prisoners;
(b) Some individual rooms are used for two prisoners;
(c) Some rooms have no windows in order to prevent the entry of smoke from a nearby kitchen;
(d) Medical services are not sufficiently organised for the proper practice-of various medical care; and
(e) No woman officer is appointed as a responsible officer on matters dealing with women prisoners.
....
During the seminar deliberations on the United Nations Standard Minimum Rules, the above-mentioned problems, as well as other problems of the Prison system, were enthusiastically discussed. The other problems discussed included the following:
(a) Favourable treatment of foreign prisoners, especially with regard to food, has caused some discontent among local prisoners. Efforts should be made towards obtaining sufficient budgetary allocation to improve the rations to local prisoners up to the scale recommended by the government dietician;
(b) With regards to exercise and sports, prisoners are allowed sports once a week for three hours. This practice fails to implement either the United Nations Standard Minimum Rules, which set out 'at least one hour of suitable exercise in the open air daily if the weather permits', or the Prisons (Administration) Act of Vanuatu, which stipulates 'daily not less than 2 hours exercise in the open air, weather permitting';
(c) The Prison does not have a library, and old newspapers and magazines brought by visitors to the prison are kept in the office for those prisoners who want to borrow them. It seems difficult to remodel the present building to include a library;...
(e) In Vanuatu, there is no established juvenile court, and no institution set up for young persons such as Borstal institution or correctional school. In the past, young persons were often placed on probation program, which, is not possible for the moment. A probation program for young persons should be reinstated so as to minimise the imprisonment of young persons into adult institutions.
...
It is therefore strongly recommended that further efforts toward the improvement of prisoner treatment and prison management in Vanuatu should be made, including the establishment of a senior task force on the implementation of the United Nations Standard Minimum Rules for the Treatment of Prisoners.
The task force should be convened in a meeting, to discuss and follow-up on the following topics:
(a) Detailed examination of the practices of prisoner treatment and prison management (with fact-finding visits to prisons);
(b) Review of the laws and regulations on prisoner treatment and prison management including examination of necessary supplementary regulations and circulars;
(c) Request to appropriate agencies in Vanuatu and in neighbouring countries for possible technical assistance.
During the Adviser’s mission to Fiji after visiting Vanuatu, the Adviser received a positive response on this topic from Mr Apolosi Vosanibola, Commissioner of Prisons, Fiji Prisons Service;
(d) Participation in the 16th Asian and Pacific Conference of Correctional Administrators (APCCA) 1996 in New Zealand, to collect relevant information, experiences and technical expertise. APCCA has been held once a year...:
(e) Planning of short-term and long-term practical action programs on required measures, with the programs listed in terms of priority.
4.28 No task force was initiated, and no Prison Visiting Commission (required by law) has yet been established (until June 1999). There has been no progress in ensuring that the rights and conditions of prisoners in Vanuatu are improved and brought in line with international minimum standards (refer to section 3.3 setting out United Nations standards).
MISUSE OF PRISON FUNDS
4.29 The Administration of Prisons and the livelihood of the Prisoners rely on two Chapter Heads. They are Chapter Head for Other Purchases & Incidentals titled 226.20.110 which includes funds for the food for the prisoners throughout the country and Chapter Head for Prison Security titled 226.20.209 which is to fund repair and maintenance of Prisons buildings throughout the country.
4.30 The Police Commissioner is responsible for the Annual Budget allocations made under the above Heads. These Chapter Heads are the only accounts available to ensure that the prisoners have food to eat while the other budget account was to fund repairs and maintenance of prison buildings and other prison expenditures such as the improvement of the prison buildings and associated activities to improve the lives of the prisoners. It therefore can be said that rehabilitation expenses appear not to have been included in any budget.
4.31 It appears that both Heads (accounts) were misused by the Police authorities to the detriment of the prisoners. The fact that the prisoners' food was to be paid from an account called Other Purchases and Incidentals opened it to abuses and the money was used mainly for all other purchases other than the prisoners’ food.
4.32 Discussions with the Prison authorities indicated that there was no money to improve the condition of the prison buildings or the livelihood of the prisoners.
4.33 To further analyse the reasons for the bad condition of the prison and why there have been no funds to improve the condition of the prison, the Office of the Ombudsman checked with the Department of Police, and collected together some of the Financial records under the Prison Security head.
4.34 Information derived from the accounts documents reveals the following:
(a) The Prison Security Number is 226.20.209
(b) The original approved budget allocation to the above Head for the following years were:
(i) 1993 Vt 10,000,000
(ii) 1994 Vt 8,700,000
(iii) 1995 Vt 5,700,000
(iv) 1996 Vt 4,492,179
(v) 1997 Vt 4,000,000
4.35 Our enquiries on the above Chapter Head and Budget allocations to this Head, revealed that the Department of Police used these funds for other purposes other than Prison Security. The monies were used for the Police’s general running expenses to the detriment of the condition of the Prisons. No major repairs were done. It appears that it was a systematic approach as the prisoners had no effective way to complain.
4.36 (a) 1993 Vt 10,000,000
Only Vt 1,700,000 was spent on Prisons related matters including food that should have been paid from the Other Purchases accounts and very little money spent on Prison Security. The rest of the money of the Account Prison Security was spent as follows:
A total of Vt 3,300,000 was used for general expenses of the Police and was added to their general budget including:
17/05/93 Vt 500,000 Travel & Subsistence
22/07/93 Vt 1,000,000 Purchase of (much needed) Uniforms & Equipment
01/09/93 Vt 900,000 Purchase of (much needed) Uniforms & Equipment
For example, payments by the Department of Police against the Prison Security Head were:
11/01/93 Vt 83,000 for payment of One Deep Freezer
01/02/93 Vt 124,880 for payment of 204 Trench White
03/02/93 Vt 301,320 for payment of Photocopy Z-72
23/02/93 Vt 60,000 for payment of Police Uniforms
03/05/93 Vt 864,874 for payment of Police Uniforms
27/07/93 Vt 253,800 for Printing of Firearm Licences
83% of the Prison Security budget was appropriated to fund general operations of the Police Department, and not for its allocated use by Parliament. 17% of the budget was spent on Prisons.
4.37 (b) 1994 Vt 8,700,000
The same occurred for the 1994 budget allocation. Vt 1,200,000 was spent for Prisons. Only 13% of the Prison Security budget was spent on Prison related expenses.
Examples of expenses of the Prison Security Budget:
11/07/94 Vt 2,500,000 Payment of Outstanding Fuel Bills for RVS Tukoro
08/08/94 Vt 2,800,000 Payment of Outstanding Bill for Police Uniforms.
Payments raised by the Department of Police against the Prison Security Head were:
24/04/94 Vt 103,000 for payment of one Air Conditioner
15/09/94 Vt 532,000 for payment of Horse Training.
4.38 (c) 1995 Vt 5,700,000
26% only was spent on Prison related expenses but most of these monies were spent on the basic food expenses which should have been paid from the main account Other Purchases (rice, tin fish etc,).
Examples of expenses from the Prison Security Account.
16/05/95 Vt 1,000,000 To assist payment of Outstanding Telephone Bills for Police Department under Head 226.20.102 namely Telephone & Telex.
17/07/95 Vt 1,000,000 For the overspending made on Head 226.20.110 namely Other Purchases & Incidentals.
17/07/95 Vt 202,000 For the overspending made on Head 226.20.101 namely Travelling & Subsistence Allowances.
17/07/95 Vt 2,000,000 For the overspending made on Head 226.20.102 namely Telephone & Telex Charges.
A total of Vt 4,202,000 was transferred to other heads by the Department of Police that were not for Prison Security purposes and Vt 1,498,000 was used for Prison security.
4.39 The main facts concerning the use of the Prison money shows that both accounts were misused to cover expenses faced by their Department. In doing so there were not enough funds available in 1993, 1994 and 1995, for the Prison Superintendent and his Officers to make improvements to the administration of the Prisons and its facilities. This has continued on into 1996, 1997 and 1998.
4.40 Altogether over a period of 5 years (1993-97) a total of Vt 32,892,178 was allocated by the Government to the Police Department under the Head 226.20.209 for Prison Security. This budget allocation included maintenance and repair of the prison buildings. No renovation was ever made to the buildings and the conditions of the prison buildings in fact deteriorated further to the state they are now in.
4.41 The budget for the prison food should have come from the budget accounts for 'Other Purchases and Incidental'. However, due to the misuse of funds for other purposes under this chapter head, the police used the Prison Security Account to pay for the prisoners' food.
4.42 This misuse of funds has further contributed to the decline of the prison facilities and services it is required and supposed to perform for the security of the people of Vanuatu.
4.43 In 1998 the Police had 35 millions for prisons (account 26 A/F). In 1999, they had 34 millions for prisons (account 26 A/F).
5 RESPONSES TO THE PRELIMINARY REPORT
5.1 The preliminary report in this matter was issued on 11 May 1999 to provide the person or body complained about or affected an opportunity to reply to the preliminary findings made against them.
5.2 The preliminary report and sections of the report were issued to the following people:
Mr Maxime C Korman Former Prime Minister
Mr Charley Nako Former Minister of Home Affairs
Mr Robert Karie Former Minister of Home Affairs
*Mr Vincent Boulekone Minister of Internal Affairs
Mr Sato Kilman Former Police Commissioner
Mr Charlie Obed Monomono Former Police Commissioner
Mr Luc Siba Former Police Commissioner
*Mr Peter Bong Police Commissioner
Mr Alick Noel Former Mayor of Port Vila
Mr Patrick Crowby Mayor of Port Vila
*Mr Pierre Carlot Officer-in-Charge, Vila Prisons
Prisons Superintendent Police Headquarters
Kinhill Kramer Vanuatu Ltd
PWD Engineer
Escap Office
*Amnesty International
*National Planning Office
5.3 Responses were received from only those marked with an asterisk (*). The others have not forwarded any comments to our office and we will have to assume that they agree with the facts and comments set out in the report.
Responses
Response from Peter Bong – Police Commissioner
5.4 On the conditions of prison buildings, Mr Bong stressed that it has been a continuing concern and issue that the Vanuatu Police Force has continued to address to the Government since 1990. The Government, however, has paid very little attention and support to the issue.
The Police Force sought assistance from several donors and the Canadian Government gave some assistance for some rehabilitation equipment. The Government provided limited funds towards the Police and Prison programs.
Mr Bong stated that during the last nine years, the Government could not build a new Prison Complex due to some factors such as; funds availability, land difficulties and a proper and thorough study for proper and appropriate prison complex suitable for Vanuatu.
In 1997, the Police Force managed to complete a proposed project profile for a new Prison complex in Vila including Santo and Tanna. The new complex plans was supported by the Ministry of Internal Affairs and was sent to National Planning Office for finding. However, the NPO could not secure any foreign funding Aid for year 1997 to 1999.
Mr Bong went on to state that in 1999, the United Nation through the ESCAP Office is interested to pursue with the Prison Building Project. An ESCAP representative paid a visit to Vanuatu in July to discuss the prison project with all relevant authorities concerned.
On the issue of Prison Budget, there are two chapter heads for prison budgets. There is 226.20.209 for Prison Security and 226.20.211 for Prison Rations. The Commissioner of Police is the vote controller of the Budget allocated to the Police and Prisons.
Mr Bong stressed that not only were funds vired out from the prison budget but that there are also virement made from other budget allocations into the prison budget. Whenever situation warranted for virement, the Police Commissioner has the authority to authorise and approve virement or purchase items from related budget provision. However, such virements and overall budget expenditure must be made such that the overall budget of the Prisons and the Police is not affected. Apart from the chapter heads of 209 and 211, Prisons also shared the same budget with the Police for other activities such as telephones, public utility, stationary, travelling & subsistence, spare parts, fuel and other incidentals.
The total of over Vt10 million were vired out from the Prison Budget to fund other police expenses, such as purchasing of new police uniforms, maintenance of RVS Tukoro and other general police expenses between 1993 to date.
Ombudsman’s comment:
5.5 The Government must provide all necessary assistance to see that the new planned prison buildings get off the ground as soon as possible. This should be one of the Government’s top priority project in order to meet the standard set out by the United Nations for treatment of prisoners.
On the issue of the prison budget, the former Police Commissioners may have the power under the Financial Regulations to make virement of funds out from the prison budget, but such virement should only be made if prison services was not affected or suffered. However, evidence shows that during the years that virement have been made from the prison budget to other budget allocations within the Force, the prison conditions have continually deteriorated and prison services have suffered as the result of such virements. It appeared that prison services were always regarded as of low priority by the Commissioners of Police and so decisions were made to vire funds from prison budget for other expenses within the Force.
An additional information about virement of funds from the prison budget to other budget allocation was made on 17 May 1999. We received a copy of a letter from Mr Vake Rakau, Assistant Prison Superintendent to Mr Patu Lui expressing his dissatisfaction over the Vt3 million being vired out from the Prison budget.
Response from Minister of Internal Affairs, Mr V Boulekone
5.6 This report now may not have the substance it originally has because most of the issues mentioned are currently being addressed. The separation of prisoners into categories is currently not possible because there is no room for this. This may be considered in the new and forthcoming prison developments.
The main Central Prison (ex French Prison complex) in Port Vila, which is the main fact in issue here is no longer being used. The house is being considered seriously for demolition. However, the prisoners are now housed at the Ex British Prison. There were complaints of water leakage in the prison and poor conditions of toilets. The Ministry has received verbal confirmation from the Commissioner and the Assistant Superintendent that the water leakage have been fixed and toilet reparation is being assessed by a Public Works plumber(confirmation received that reparation has been completed).
The Minister have finally appointed the members of the Prison Visiting Commission on 22 June 1999. The Commission will resume its role with immediate effect after their names are gazetted by the Office of the Attorney General (no information was received if the names of members of the Commission were gazetted at the time this report is being released).
The Ministry has gone one step further in ensuring transparency in granting remissions to Prisoners. The Council of Ministers have approved and set up the Remission Committee. The Committee will deliberate on the remission reports submitted by the Superintendent of Prisons and then advise the Minister before he exercises the discretionary power under the Act to remit a prisoner.
About the issue of food/ration, the Ministry believed that the food offered in prisons is much better than what is alleged. The current ration is sufficient.
The misuse of prison funds is a matter that the Ministry is yet to be briefed on. The Ministry’s intention is to consider separating the Prison Budget from the Police overall budget to avoid future misuses.
Ombudsman’s comment:
5.7 The Minister of Internal Affairs, Mr Boulekone must be congratulated for complying with the provision of the Prison Act to appoint a Prison Visiting Commission. The Ministry should also be congratulated for initiating the appointment of Remission Committee.
On the issue about the deteriorating state of the Prison buildings, the buildings that housed the prisoners at Independence Park now in Vila, in Santo and in Isangel cannot be predicted for their conditions to remain the same forever. The Government must take necessary steps now to find funds to build new prison buildings.
On prison budget, the Ministry must separate the Prison Budget from the Police Budget. The prisons services is after all established under a separate Act (Prisons Administration Act). It is therefore proper that the budget is separated from the Police. Under this Act, the Minister is given the power to appoint persons to perform the prison duties. Section 4 of the Act says that members of Police Force and any other persons may be appointed to perform prison duties.
Comment on the report by Dr Heinz Schurmann-Zeggel – Amnesty International
5.8 About 30 prisoners were kept in the Ex British Prison in Vila in six cell blocks at an average of five 5 prisoners living in one cell block. This does constitute a capacity-occupation or a little more, but could be regarded as not quite constituting 'overcrowding'. However, this can only be if overcrowding is defined as occupation above maximum capacity.
If the ex British Prison was designed for an occupancy of less that 30 but it frequently takes 30 or more prisoners, even if the occupancy rate is equal or not much above the capacity rate, this constitute overcrowding. Such situations may cause problems because more prisoners have to share limited resources, making life more uncomfortable for all and work more difficult for officers.
A prison filled to capacity is like a hotel always fully booked and unless the prison have not got all staff and services functioning properly all the time, prisoners will complain. Also, the officers will be under stress because the prisoners will demand more and a complaint by a single prisoner can then cause big trouble for all.
Overcrowding can become a human rights problem when other circumstances compound the situation. An example is a lack of proper food, medical care, visiting arrangements and rehabilitation programs.
The complaints by prisoners against the prison services if proven would be violations of international human rights standards and the rights of prisoners under the United Nations standards. For example, denial of visits to doctor or hospital. Any proven denial to prisoner for such medical care would be serious violation of human rights.
The Government takes responsibility for each prisoner’s life and well being, which include medical care. Prison is already a punishment, ordered by law and prisoners must not be punished for being in prison by being denied basic humanitarian needs.
6. FINDINGS
FINDING 1: CONDUCT OF MINISTERS RESPONSIBLE FOR PRISON SERVICES CONTRARY TO THE OBLIGATIONS SET OUT IN THE PRISON (ADMINISTRATION) ACT
6.1 The former Ministers responsible for the prison services Mr Korman, Mr Nako, Mr Karie, and Fr Lini ignored s 7 of the Prison Administration Act. They all failed to appoint a Prison Visiting Commission, the body responsible to oversee the conditions of the prisons. Such a commission would have ensured that the serious issues of prison conditions and complaints were reported on at least annually, and helped to make safe and improved living conditions for prisoners a priority.
6.2 The Honourable Minister of Internal Affairs, Vincent Boulekone has established the Commission after we sent him a copy of the preliminary report. To date, at the time of releasing this report, no information was received about the names of the members of the Commission being gazetted and performing their duties as required by the Act
FINDING 2: BREACH OF THE PRISONERS’ FUNDAMENTAL RIGHTS IN ARTICLE 5 OF THE CONSTITUTION
6.3 The inaction of the responsible Ministers and Commissioners of Police to improve the physical conditions of the prisons led to the violation of the fundamental right of prisoners to security of the person as stated in Article 5(1)(c) of the Constitution, and placed in jeopardy their fundamental right to life as stated in Article 5(1)(a). They were very much aware of the poor conditions which had been repeatedly reported to them, by internal and external bodies as well as prisoners themselves. Their inaction to rectify the poor conditions of the prison buildings, regardless of the funds in the budget, placed (and continues to place) prisoners in unsafe or insecure physical conditions.
FINDING 3: CONDUCT OF THE FORMER MAYORS OF PORT VILA MUNICIPALITY CONTRIBUTED TO THE BREACH OF PRISONERS’ RIGHTS
6.4 The former Lord Mayors of Port Vila Municipal Council, Mr Alick Noel and Mr Patrick Crowby ignored and failed to carry out their duties under s 10 of the Physical Planning Act. This law gives power to the Council to inspect and declare a structure dangerous for human habitation. By not taking any action when a request was made to them, they contributed to the breach of prisoners’ rights and helped to put the lives of the prisoners at risk. According to the response by the Minister, Ex French Prison in Vila is being considered seriously for demolition.
FINDING 4: POLICE COMMISSIONERS' CONDUCT IN USING PRISONS SECURITY FUNDS FOR OTHER PURPOSES WAS UNJUST.
6.5 The funds allocated for Prisons were approved and intended by Parliament (representing the people of Vanuatu) to be spent on Prisons. The use of a large portion of these funds for other Police needs was unjust, and placed the needs and rights of prisoners as a low priority.
FINDING 5: THE LAW ON PRISONS ADMINISTRATION [CAP 20] AND THE ADMINISTRATIVE PRACTICES OF THE PRISON SERVICES ARE DEFECTIVE
6.6 The Prisons (Administration) Act was first passed in New Hebrides in 1945, and has not been amended since 1972. Although it provides some protections for the rights of prisoners, it is inadequate. Neither the law nor the administrative practices of the Prison Services adequately ensures that prisoners are kept in safe conditions and that minimum standards for prisoners’ and prison conditions are met.
6.7 The health and safety of prisoners has been placed at risk, and minimum international standards have not been met in such areas as:
FINDING 6: FORMER MINISTERS RESPONSIBLE FOR PRISONS AND POLICE COMMISSIONERS HAVE ENDANGERED RESPECT FOR THE GOVERNMENT OF VANUATU BY THEIR INACTION, ALLOWING THE SAFETY OF PRISONERS TO BE JEOPARDISED AND FAILING TO ABIDE BY UNITED NATIONS INTERNATIONAL MINIMUM STANDARDS FOR PRISONERS
6.8 The poor physical conditions of Vanuatu prisons, the limited recognition of prisoners’ rights and the failure to meet even minimum standards of conditions for prisoners have all attracted local and international attention. The situation is made that much worse by the fact that even the monies allocated for prisons were not fully used to improve the prison conditions but were used for unrelated purposes. Even the legally-mandated Prison Visiting Commission has not been established(until this report was made). For over four years, the people responsible for prisons have not been able to make a new prison a real priority, nor have they used existing funds to improve conditions.
6.9 Vanuatu is a member of the United Nations, and has a Constitution which protects fundamental rights. The Ministers and Police Commissioners have endangered the respect and the integrity of the Government of Vanuatu. Each of the former Ministers, as well as Commissioners Siba and Bong, were Leaders and violated Article 66(1)(d) of the Leadership Code in the Constitution, by their inaction on the physical state of the prisons and the other conditions of prisoners.
7. RECOMMENDATIONS
RECOMMENDATION NO.1: NEW PRISON BUILDINGS FOR THE COUNTRY
7.1 The Ombudsman recommends that the Government considers as its priority to find and secure funds to build a new prison complex in Port Vila to meet the United Nations prison standards. According to the Police Commissioner, ESCAP has shown interest in this project. The Minister and those relevant authorities concerned should follow up this interest so that the project get of the ground immediately. It is also recommended that the Government make funds available for reparation and/or new prison houses for Santo and Tanna. As a member of the United Nation, Vanuatu should make sure that the standard of buildings used to keep prisoners follow the standards imposed by the UN (see UN standard in 3.3 above). The present prison houses in Vanuatu fall below the United Nations Standard.
RECOMMENDATION NO.2: COMPLETE SEPARATION OF PRISON BUDGET FROM THE POLICE BUDGET
7.2 It is also recommended that the budget for the Prisons be separated from the Police budget. The Prisons Services is established under a separate Act from the Police Force and it would be proper that its budget is separate from the Police budget. This is to better assist the Superintendent of Prisons and prison officers who are appointed by the Minister under the Act to better control the budget and its expenditure mainly on the prison services and administration. The present procedure of giving the power of vote controller to the Commissioner of Police over Prison Budget have seen funds allocated to prisons budget being vired out to be spend on other general expense of the Police. Being established under the separate Act, and the power to appoint the Superintendent of Prisons and prison officers is vested on the Minister, it is now proper and legally constituted that the power of vote controller over prison budget be under the Superintendent of Prisons and not the Police Commissioner.
RECOMMENDATION NO 3: PRISON VISITING COMMISSION & REMISSION COMMITTEE
7.3 The present Minister of Internal Affairs must be congratulated for appointing a Prison Visiting Commission for the first time ever in accordance with Act. It is recommended that the members of Commission carry out their duties provided by the Act as soon as their appointment has been legally constituted. The Minister should also be commended for initiating the setting up of the Remission Committee for prisoners. This will ensure fair decision and perhaps reduce a number of complaints made from different groups, organisations and both families of the prisoner and victim, at that time that the Minister release prisoners on licence in future.
RECOMMENDATION NO 4: PRISONER’S SCALE OF RATIONS
7.4 The Ombudsman recommends that the scale of rations for prisoners must be reviewed with the assistance of a qualified medical officer. Food has been always the core of complaints in prisons. The Act says that the scale of rations shall be approved by the Minister. The UN Minimum Rules for treatment of prisoners says that 'food of nutritional value adequate for health and strength, of wholesome quality.....regularly inspected and report upon by a qualified medical officer'. It is therefore recommended that the Minister seek advice from a medical officer for the quality and quantity of food for prisoners before approving the scale of rations.
RECOMMENDATION NO. 5: ESTABLISHMENT OF A PRISON CONDITIONS TASK FORCE
7.5 The Government should establish a Prison Condition Task Force to review and report on all necessary steps to improve conditions of the prison services. The recommended task and duties of this Task Force is to make recommendations for legislative amendments, administrative changes, training requirements and request for technical assistance, to improve the conditions for the prisoners and ensure compliance with the United Nations minimum standards on prison conditions and treatment of detained persons.
8. CONCLUSION
7.5 To comply with Article 63(2) of the Constitution and Section 22 of the Ombudsman Act, the Ombudsman requests the Prime Minister, Minister of Internal Affairs and all appropriate authorities to consider these recommendations and put them into effect.
7.6 The Office of the Ombudsman must be notified of the decision and proposed steps to implement these recommendations within 30 days of the date of this report.
Dated the 16th day of September 1999
Hannington G ALATOA
OMBUDSMAN OF THE REPUBLIC OF VANUATU
9. INDEX OF APPENDICES
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