FINDINGS
(i) The government of Mali is serious about prison reform. It is willing to learn
from and share ideas on the subject with others. It recognises that much work
has to be done in this area.
(ii) The willingness of a government to open up its prisons to outside scrutiny
is a measure of its openness. Prisons mirror society, the murky side standing
out glaringly. The readiness of the government of Mali to allow me to visit its
prisons twice in less than two years provides a basis for the finding that at the
very least Mali is relatively an open society.
However, the unresolved conflict between the government and the opposition
mars the tranquil and open nature of Malian society.
(iii) Generally Mali has a dedicated and conscientious prison staff. Warderprisoner relationship had improved but some instances of maltreatment were
noticed. On balance the police and gendarme came out worse in this respect.
(iv) The government of Mali found the first report on its prisons a helpful
contribution towards its own efforts at improving prison conditions. It has,
therefore, implemented some of the recommendations and looks forward to
fuller implementation. Most, if not all, of the previous recommendations are
all within the government vision of what its prison regime should be.
(v) Charitable institutions like CARITAS are making worthy contributions
towards prison reform in Mali.
This shared concern of reform in prisons encourages me to turn my attention
to suggestions I have, arising out of the second visit, towards prison reform in
Mali. Taking the view that the primary responsibility for acceptable standards,
national and international, standards lies with government, I addressed my
previous recommendations mostly to the government of Mali. But having
demonstrated that it accepts this primary obligation and having gone further to
adopt measures which will make for improvement in prison conditions, I feel
at ease in inviting others to help the government of Mali. As an African
proverb rendered in my mother tongue says:
Nea oforo dua pa no na wopia n'akyil2
(He/she who charts a good path deserves to be assisted).
RECOMMENDATIONS
To the Government of Mali
(i) Long remand continues to be a problem. In Kayes, for instance, a civil
servant had been in detention for 9 years without trial while Koulikoro prison
had an inmate who had been waiting for 5 years without trial. Of the 93
prisoners at Mopti prison only 17 were convicts. Bamako Central Prison also
presents a bleak picture: out of a prison population of 9 1 0, only 176 had been
tried and convicted; 734 remain to be tried. Kati has a similar story: 49
prisoners with only 13 being convicts. Bone has nothing different to offer: the
total number is 22, and only 4 have been convicted. Periodic review of remand
prisoners may compel decisions which accord with humane treatment of
prisoners mandated by Art. 5 of the African Charter on Human and Peoples'
Rights:
"... All forms of exploitation and degradation of man particularly
slavery, slave trade, torture, cruel, inhuman or degrading
punishment and treatment shall be prohibited;"
and are consistent with United Nations Standard Minimum Rules for the
Treatment of Prisoners; United Nations Standard Minimum Rules for Noncustodial measures (The Tokyo Rules); and International Co-operation for the
improvement of prison conditions.
Money saved from keeping suspects on long remand may be used on pressing
needs of prisons.
(ii) Although overcrowding was generally less serious than on the previous
occasion, perceptive prison officials attributed it mainly to the harvest season
having attracted many hands onto farms. Overcrowding should therefore also
continue to engage the attention of government. If the issue of remand is
tackled effectively, overcrowding is likely to cease to be a problem. Thus the
solution of the remand problem holds the key to the solution of other urgent
matters. Separation by categories, for instance remand prisoners from
convicts, will be easier to observe than the present practice of mixing the two.
(iii) Separation of civil servants from others seems to be too entrenched to be
disturbed. That the other inmates did not raise any objection to such separation
may seem to support the retention of the present categorisation. But it is still
worrying for the concept of equal treatment. Nevertheless since the civil
12. The literal translation is that the person who climbs a good tree is the one who should be
pushed up. The language is Twi.
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