Open cell door
By Leela Ramdeen, Chair, CCSJ & Director, CREDI
“We don’t want our institutions to become petri dishes” —US Attorney General William Barr.
Like the US Attorney-General, those in authority in T&T are concerned about the potential dangers of overcrowded prisons in the face of COVID-19. In some countries, certain categories of inmates have been released early to avoid the spread of the virus within prisons. The challenge will always be balancing between public health and public safety.
Catholic News Service reports that on April 6, Pope Francis warned that “while countries have enforced social distancing measures to prevent the spread of the coronavirus, there could be ‘serious consequences’ if the same measures aren’t applied to overcrowded prisons…there is a danger that this pandemic will end in a serious calamity.”
He prayed that authorities “may find just and creative ways to solve this problem.” He said, “a joint commitment against coronavirus would prompt people to recognize and build their fraternal ties stronger as ‘members of one human family’” (www.republicworld.com).
In March, Prime Minister Dr Keith Rowley announced that “prisoners who have not been able to make bail, those deemed non-violent and not dangerous, now face the possibility of being released from prison to reduce overcrowding and minimise the spread of the COVID-19 virus.”
Following a meeting with heads of correctional services and prisons across the Caribbean at the end of March, a CARICOM IMPACS media release stated: “Proposals by prison heads to reduce COVID-19 in prisons at the meeting included the early release of non-violent and sick and elderly inmates who pose absolutely no threat to society, but only serve to increase the concentration of persons in prisons; increased screening of staff and prisoners; enhanced information sharing among prisoners; and the development of national prison pandemic plans.”
Commissioner of Prisons (Ag) Dennis Pulchan was asked to prepare a list of inmates who could benefit from early release. By Friday, April 17, 121 low-risk prisoners had been lawfully released under the powers of the Commissioner of Prisons, and at least 262 more on the list drawn up could benefit from early release.
On Saturday, April 18, Peter Christopher reported in the Trinidad Guardian that Attorney General Faris Al-Rawi said during a media briefing that almost 25 per cent of the country’s prison population could be granted freedom due to the COVID-19 pandemic.
He said “out of a total of 3,959 inmates in the system, 957 of them, spread across eight categories, had met the potential criteria to be sent home. He said numerous hearings on the release of the prisoners, involving the Commissioner of Prisons, Registrar of the Supreme Court, Commissioner of Police, and the Children’s Authority had been heard before Justice Lisa Ramsumair-Hinds between April 2 and April 16. The AG broke down the eight categories and related numbers (See: https://www.guardian.co.tt/news/957-prisoners-in-line-for-covid-freedom-6.2.1100214.c3acbc0a1e)
“1,115 people who are facing murder charges or convictions and could not access bail would not be considered for release, as would prisoners who have committed serious offences such as offences against the person, dangerous drugs, kidnapping, trafficking persons, rape, offences against children, all sexual offences of a particularly heavy type, anti-terrorism, firearms.”
Shaliza Hassanali reported (April 18, Trinidad Guardian) on Archbishop Emeritus Joseph Harris’ response to the news of the prison releases. He is “praising Government…stating that it was long overdue. ‘… I thank God that it is happening. I am happy that they are being released. I am happy that justice is being served,’ he said. In 2016, while serving as Archbishop, Harris petitioned the Government to free from prison petty offenders who remained on remand for an inordinately long time. ‘I thought that people who had been in jail for a longer time than the maximum sentence they would have received for the crime alleged to be committed that those people should be released’ …
“Harris said keeping prisoners incarcerated without a trial, for a longer time than their maximum sentence was a grave injustice…Harris appealed to the Government to offer them (those being released) programmes where they can educate themselves and make a valuation contribution to the nation.”
In support of our then Archbishop Harris’ 2016 petition, which was made during the Extraordinary Jubilee Year of Mercy, CCSJ had issued a media release in July 2016 entitled: ‘CCSJ calls for urgent action to create a just and merciful criminal justice system’.
Note that Archbishop Jason Gordon has also been seeking a positive response to the 2016 petition. A restorative justice approach is in keeping with the Church’s teaching.
