‘we shape our buildings and afterward our buildings shape us' (Winston Churchill ,1943).
Living conditions in a prison are among the main factors determining a prisoner's self-esteem and dignity. Prisoners who experience humane conditions will be more willing and able to respond to rehabilitative programmes (Prison Reform International, 2012). Those that experience punitive detention conditions and mistreatment, on the other hand, are likely to return to society psychologically shattered and in poor or worse state of physical and mental health than when they entered. Humane prison conditions reduce the prevalence of violence in prisons. It, therefore, behooves on countries to ensuring those in detention and incarceration are treated humanely in environments that are safe and secure. This will go a long way to ensure the realisation of the objective of imprisonment which is to rehabilitate and reintegrate offenders.
132 Physical conditions of prisons have been at the center of long-standing debates in correctional policy and research. Many argue that prisons should be unpleasant to deter future offending and motivate prosaically change among inmates. Physical conditions of prisons have been at the center of long-standing debates in correctional policy and research. Many argue that prisons should be unpleasant to deter future offending and motivate prosaically change among inmates. Others believe harsh conditions inhibit effective treatment, and, perhaps, make offenders worse (Bierie, 2011). There have also been various theoretical standpoints on prison conditions. There is a striking consistency between these accounts and criminological theory. Indeed, diverse frameworks for thinking about crime explicitly or implicitly suggest that harsh prison conditions may harm inmates and lead to misconduct or criminogenic deficits. Strain theorists argue that poor prison conditions may lead to emotional duress, with misconduct, operating as a way to alleviate that duress (Agnew, 1992,1999,2001; Sherman, 1993). Routine activities theorists have suggested that misconduct increases in the presence of poor conditions reduced guardianship. The risk of being caught likely decreases in loud and cluttered prisons because staff will have a harder time observing misbehaviour or catching offenders (Clarke & Felson, 1993; Wortley, 2002). Rational choice theorists argue that declining prison conditions may change the cost-benefit calculus of inmates, creating motivation toward disorder such that they have little to lose and much to gain by misconduct. For example, inmates might see misconduct as an instrumental tool by which to raise the quality of life – to send a message to staff or the public (Boswirth & Caaabine, 2001; Morris, 1988; Useem & Goldstone, 2002, Useem & Phiel, 2006; Useem & Resig,1999).
Social disorganisation advocates suggest that prisons that are most overcrowded and chaotic may have the most difficulty in regulating the norms and behaviour of their population and allow misconduct to flourish (Steiner, 2009). Sub cultural theorists may suggest that harsh conditions lead inmates to see staff or regimes as unjust and, as a result, create or solidify anti- social subcultures (Skyes, 1958; Wolfgang & Ferracuti, 1982) or prisons lose legitimacy (Bottoms, 1999); Frankie, Bierie &Mackenzie, 2010). Social control theorists suggest that prison conditions either help or hinder the formation of social bonds among inmates and thus propensity toward misconduct or recidivism (Rocque, Bierie & MacKenzie, 2010). Across theoretical paradigm, then, declining physical prison condition is seen as a key process by which criminality increases.
133 5.2.2 Physical conditions of prisons: Various aspects of prison environments can impact residents, including social dynamics, managerial policy or structures, and compositional aspects of themselves (Arrigo & Milovanovic, 2008). However, this study is considering the physical structure or environment of prisons in Africa countries in relation to international standard using the Nelson Mandela Rules and the Kampala Declaration, while the buildings in this study focus specifically on the physical building where prisoners are locked up.
According to Rule 1 of the Nelson Mandela Rules which states that:
All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times. Treating prisoners with dignity will include providing decent accommodation for prisoners.
Likewise, Nelson Mandela Rule 12-14 stipulates specifically the type of accommodation that prison inmates are entitled to
Nelson Mandela Rule 12 states that
1. Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a cell or room by himself or herself. If for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room.1
2. Where dormitories are used, they shall be occupied by prisoners carefully selected as being suitable to associate with one another in those conditions. There shall be regular supervision by night, in keeping with the nature of the prison
Nelson Mandela Rule 13 states that:
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, lightning, heating, and ventilation.
Nelson Mandela Rule 14
134
(a) The windows shall be large enough to enable the prisoners to read or work by natural light
and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;
(b) Artificial light shall be provided sufficiently for the prisoners to read or work without an
injury to eyesight (UNDOC, Nelson Mandela Rules, 2015:.2,12-14)
In addition, according to recommendations 3 & 4 of the Kampala Declaration on Prison conditions of Africa
3. That prisoners should have living conditions which are compatible with human dignity, 4. That conditions in which prisoners are held and the prison regulations should not aggravate the suffering already caused by the loss of liberty (ACHPR, 1995:1)
However, the physical conditions of most prisons in Africa do not meet international standards. For instance, most of the buildings housing prison inmates were inherited from colonial masters and there has not been any effort to renovate them to meet up to international standards. According to Dissel (2001), most infrastructures in Africa prisons were inherited from the colonial masters and these infrastructures have remained unaltered. Likewise, Sarkin (2008) observed that the African prisons generally suffer from very poor and dilapidated constructions. A review of the literature by this study further revealed that the situation of dilapidated buildings still subsists in most African prisons. For instance, the Uganda Human Rights Commission 2015 report indicated that 55 out of the 73 prisons in Uganda were unsuitable for human habitation. This is due to the dilapidated nature of the buildings in the prison. The physical structure of prisons in Uganda did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration regarding preserving the human dignity of prisoners. In Nigeria, Ayade (2010) observed from his participation in a nationwide inspection of prisons in Nigeria conducted by Constitutional Rights Project in collaboration with National Human Rights Commission that most of the prisons in Nigeria were inherited from colonial masters, the infrastructures are old and in bad shape. According to NHRC majority of the prisons were built by the colonial administration and Native authorities predating the country's independence (NHRC: 2008:1). For instance, the convict's prison in Kaduna was built in 1915, Shendam prison in 1933, Enugu prisons,1924; Agodi prison in Ibadan in 1895, Calabar prisons 1918 and Port Harcourt prisons in 1918(Ayade:2010:27-34). Though Ayade claimed that some new prisons have been built in Nigeria for example prisons in Ogwashukwu, Oyo, Medium Security prison in Okene and Eket was built in 2007) Suleja prisons (1987), Makurdi (2001)
135 and Funtua 2003(Ayade,2010:27-34). He, however, stated that the quality of the newly constructed prison buildings calls for questioning with respect to the quality of the materials used. He is of the opinion that the materials used for the construction were substandard (Ayade 2010:27). Likewise, Odeh (2015) in a study conducted to evaluate the influence of architectural character on inmates in the design of prisons in Nigeria concluded that Nigeria prisons are in a horrible state. The physical structure of prisons in Nigeria did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration regarding preserving the human dignity of prisoners and could be regarded as torture, inhumane and degrading treatment.
Furthermore, AI report of 2012 indicated that most prisons in Chad were built during the French colonial period and most of the prisons have not been repaired or refurbished for many years. AI further described prison buildings in Chad as old, dilapidated, neglected and overcrowded. During a visit by the AI team to some prisons in Chad the following statements describe some of the prisons ‘leaks were visible in the roofs, walls are crumbling in several
prisons posing danger and serious safety risks for inmates, prison staff and visitors (AI report,
2012:18). The physical structure of prisons in Chad did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration regarding preserving the human dignity of prisoners and could be regarded as torture, inhumane and degrading treatment The situation with regards to the physical structure of prisons in Senegal is not different as most of the buildings dated back to the colonial administration. According to the 2017 annual report of Prison Insider, the prison in St. Louisse and at Reubess (the largest prison located in Dakar) were built in 1929. It was reported that most prisons buildings in Senegal were dilapidated. The physical structure of prisons in Senegal did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration regarding preserving the human dignity of prisoners and could be regarded as torture, inhumane and degrading treatment
In Kenya, Ondieki (2017) states that most of the prison buildings were built during the colonial era. For instance, the Nairobi Remand and Allocation prison was built in 1911, Isiolo Prison was built in 1947 when Kenya was under a governor called Sir Phillip Mitcheland Shino La Tema prisons was built in 1953. Mnyamweze, Giesa &Sang (2015) indicated that majority of the prisons in Kenya including Kodianga which was built in 1932 were built during colonial era and added that nothing has been done to improve most of the prisons since then. This
136 implies that the infrastructure which was in place during the colonial era which was meant to accommodate a few people is still what is in use when the prison population has increased. Without any doubt, the conditions of the facilities would have deteriorated and become dilapidated. Locking up prisoners in these types of prison facilities amounts to inhumane treatment, cruelty and an infringement of the fundamental human rights of such prisoners. One can confidently say that rehabilitation and reformation cannot take place in this type of prison structure.
The physical structure in most prisons in Cote D'Ivoire is similar. Most of the prison buildings were built during the colonial era and has not been renovated to meet the modern-day standard. This fact was corroborated by the Ivorian Prison Service Director Coulibaly, who stated that most of the current facilities n Cote D’I voire prisons dates back from the colonial period. He went further to say that ‘most of the prisons were never meant to be prisons and have been
poorly adopted for the purpose’ (Coulibaly,2014 in ICRC interview). The physical structure
of prisons in Cote D’Ivoire did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration regarding preserving the human dignity of prisoners and could be regarded as torture, inhumane and degrading treatment
Most of the prison facilities in Somalia were also built during the colonial administration. For example, Mogadishu prisons were constructed in 1910 by the Italian government (Corrections Update, 2011). In addition, Correction Update noted that the prison facilities in Somalia are in a state of disrepair and need significant and urgent improvement to bring the facilities up to minimal standards. The physical structure of prisons in Somalia did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration regarding preserving the human dignity of prisoners and could be regarded as torture, inhumane and degrading treatment
Furthermore, most of the 12 prisons in Togo are dilapidated (IRN News, 2012). The physical structure of prisons in Togo did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration regarding preserving the human dignity of prisoners and could be regarded as torture, inhumane and degrading treatment. On the other hand, Yusuf (2016) revealed that that almost all the prison in Zanzibar were built during the colonial era and these prisons need urgent repairs due to their dilapidated state. The physical structure of prisons in Tanzania did not meet the minimum requirements of the Nelson Mandela Rules and
137 the Kampala Declaration regarding preserving the human dignity of prisoners and could be regarded as torture, inhumane and degrading treatment.
In Zambia, many of the buildings stemming back from colonial times hence did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration. It amounts to inhumane and degrading treatment (Ubumi Prisons Initiative, n.d)
As regards Zimbabwe, most prisons were also built during the colonial era and are still far from meeting international standards in relation to the physical structure of prison buildings, the prisons in Zimbabwe remain more of places to punish offenders as opposed to rehabilitation institutions. This, the Zimbabwe Prisons and Correctional Services Commissioner, Paradazi Zimondi in an interview admitted with the state media that ‘the majority of the country's 43
prisons were outdated and lacked basic amenities'. He went further to say that. ‘. ‘“One of the major problems we have is that most of our big prisons, like Harare Central and Masvingo, were built a very long time ago,” ‘they were built without proper ventilation and do not have adequate washrooms ….’ (Zimbabwe News, 2016). The physical structure of prisons in
Zimbabwe did not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration regarding preserving the human dignity of prisoners and could be regarded as torture, inhumane and degrading treatment
However, in Swaziland, prison facilities were said to be of mixed quality. According to the U.S Human Rights report of 2015, some of the buildings of the prison are old and dilapidated others such as the women prisons are new and well maintained.
From literature search, it could be concluded that most prisons buildings nay physical structures were inherited from the colonial masters, have not been renovated since hence they are in a state of dilapidation. Accommodating prisoners in such physical condition of prisons reduce human dignity and dehumanizes them this is against the Nelson Mandela rules and the Kampala Declaration and a negation of United Nations Universal Declaration of Fundamental Human Rights amongst other international treaties. This review also indicated that some of the buildings were actually designed to serve as punishments center. In view of the current trend of using imprisonment as a form of rehabilitation and reintegration, such buildings negate the philosophy of rehabilitation. The state of these prisons also indicates the state of neglect the relevant authorities have subjected the prison arm of the penal system to. Can we, therefore, conclude that the state of our prisons in Africa suggest the state of Africa’s development as espoused by Fyodor Dostoevsky that; the degree of civilisation in a society can be judged by
138
entering its prisons’ …. ‘. Can the state of our prisons be said to be responsible for the rate of
recidivism in Africa? 5.2.3 Prison conditions
Prison conditions can be described as the prevailing living conditions of the prisoners within any building designated as a prison.
According to Rule 1 of the Nelson Mandela Rules states that: All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.
Resolution 3 and 4 of the Kampala Declaration states that
3. That prisoner should have living conditions which are compatible with human dignity, 4.That conditions in which prisoners are held and the prison regulations should not aggravate the suffering already caused by loss of liberty (ACHPR,1995:1).
Treating prisoners with respect to dignity should include providing a decent and clean prison environment. However, this is not the case in most prisons in African countries. The poor and unhealthy prison condition has been in existence over a period of time for instance the African Commission on Human and People's Rights (ACHPR) noted
‘that the conditions of prisons and prisoners in many Africa countries are afflicted by severe inadequacies including high congestion, poor physical health and sanitary conditions, inadequate recreational, vocational and rehabilitation programme, restricted contact with the outside world, large percentages of persons awaiting trial, among others (ACHPR,1995a).
The commission also observed
‘that prison conditions in many African countries do not conform with the articles of the African Charter on Human Rights and People's Rights and to the international norms and standards for the protection of the human rights of prisoners including International Covenant on Civil and Political Rights and the United Nations Standard Minimum Rules for the Treatment of Prisoners, among others' (ACHPR,1995b).
139 In fact, these deplorable conditions in Africa were what led to the Kampala declaration, however, nothing seems to have changed regarding the prison conditions in most African countries after almost 22 years after the declaration. A review of the literature revealed that prisons in most African countries are still poor and ridden with many inadequacies. For instance, AI in its 2017 report described prisons condition in Gabon as ‘dangerously subhuman' as prisoners are frequently denied access to decent food, basic sanitation, legal counsel, family members and appropriate medical care (AI, 2017). This type of treatment of prisoners amounted to degrading and inhumane treatment and is not compatible with human dignity. It does not meet the minimum requirements of the Nelson Mandela Rules and the Kampala Declaration. In addition, it aggravates the suffering of prisoners.
In 2015, a human rights organisation, Freedom House, described prison conditions in Gabon prisons as being harsh and severely overcrowded. In addition, Freedom House (2015), The U.S Department report of 2015 described prison condition in Gabon as harsh and potentially life- threatening due to lack and or low quality of food, inadequate sanitation, lack of ventilation, gross overcrowding and poor medical care. The prison condition in Gabon is cruel, inhuman and degrading treatment and violation of the fundamental human rights of prisoners.