Story inside prison cell in Nepal: A plea for solutions 

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What if there is a Prison within a Prison- a secret layer of imprisonment beneath the already confined walls of a detention center? 

The worldwide concept of prisons as institutions for rehabilitation is based on the belief that with adequate interventions and assistance, individuals who commit crimes can be resorted into society as law-abiding citizens. The prison system’s failure to safeguard human rights not only undermines the rehabilitative goals but also raises serious concerns on ethical and legal matters. Nepal’s prison system has been hovered by the ominous shadow, where custodial death, mistreatment, and lack of accountability form a dismal picture. The facts that follow unravel the grim realities and confront a crisis that is often tried to shroud in darkness. 

Prison and Detention center conditions in Nepal

The Office of the Attorney General (OAG) through the comprehensive review has exposed an unpleasant reality of overcrowding, with detention centers keeping prisoners at 150% of their permitted capacity. This has contributed to poor sanitation and difficult living circumstances. In addition to this, the absence of proper juvenile detention facilities has further resulted in the inappropriate blending of minors alongside adults, which contradicts legal regulations. Furthermore, inmates have been enduring difficulties due to limitations in the healthcare provision compound. According to the OAG, 31 prisons it monitored have junior health officials, but none of the 42 juvenile reform homes had designated health officials for medical aid. The absence of separate facilities for impaired persons, along with inadequate facilities for women in segregated facilities, further underscores a pressing problem. 

Custodial Death in Nepal: The Silent Epidemic

Custodial deaths in Nepal are certainly indicative of a major systemic failure within Nepal’s prison system. Challenges such as inhumane living conditions, poor management, and overcrowding contribute to a harsh environment for detainees.

Morang Detention Center - Behind the bars
Morang Detention Center

The Morang Detention Centre stands as a symbol of apathy toward the well-being of people who reside within its confined walls. The prison once unknown to many rose to prominence as a witness to the strange 18 detainee’s death between July 2020 and November 2021. The prison drew attention due to these mysterious instances of fatalities, instead of being a place of rehabilitation and justice. “In total, there have been 26 inmate deaths within three years, with 11 deaths occurring in the fiscal year 2020-2021, 10 deaths in the fiscal year 2021-2022, and 5 deaths in the fiscal year 2022-2023”, Somraj Thapa, Koshi province INSEC (Informal Sector Service Center) coordinator revealed. The most unsettling component of these tragedies was the unresolved and uninvestigated circumstances surrounding each death. Families seeking answers met ignorant answers, as they were informed that the cause of death was natural. To the surprise, the atmosphere of impunity and disguising facts was evident as neither the police nor the detention administration launched an investigation. 

Administration expose systemic neglect

Jailer Krishna Hari Neupane of Morang Detention Center exposed the concerning challenges faced by the prison system, emphasizing inadequate spaces for recreational and physical activities, overcrowded rooms leading to sleeping difficulties, and sewage and dumping problems. The prison has been designed for a maximum of 300 individuals and is currently housing 974 males, 91 females, 4 juvenile boys, and 5 juvenile girls. “ We are obliged to keep more than 70 inmates in a single room”, said Neupane. The female building, however, appears to be managing within its limits, while the male building grapples with excessive overcrowding issues. Nonetheless, Neupane’s initiative of constructing two additional buildings portrays a myriad of hopes to solve the overcrowding predicament. 

Voice within walls

Breaking the silence covering behind-bars stories, an anonymous former inmate unmasks a disturbing reality. By recalling his awful experiences, he reveals a story of misery and tranny.

“There were only 8 toilets for more than 800 prisoners, basic sanitation was a luxury for us. We were not allowed to leak the inside stories to the outside world when our close ones came to visit us. There was a chilling hierarchy inside the prison, dominated by Naike and Bhainaike who were the influential figures wielding political support. They demand respect akin to royalty, and any activities against their will incur severe repercussions. I can’t put into words how miserable and dehumanizing was the sleeping scenario. We were forced to sleep lying on the foot side of another, in a non-upward position.”

Humanitarian Efforts: The struggle to change

The INSEC (Informal Sector Service Center) Koshi Province Office in Biratnagar, undertook a major step towards solving this pressing Human Rights concerns regarding Morang Detention Centre by filing a writ petition in the Biratnagar High Court on July 5, 2023.

Somraj Thapa, INSEC coordinator of Koshi Province spearheaded the petition by emphasizing the critical need to safeguard fundamental human rights and improve miserable prison conditions. The absence of post-mortem examinations in mysterious prisoner deaths, the secrecy of investigation reports, excessive overcrowding at three times the actual capacity, and the systemic denial of fundamental rights to prisoners, are among the grave issues raised by INSEC. 

The petition claims are based on constitutional provisions, particularly Article 16(1) of the Constitution of Nepal, and Article 6(1) of the International Covenant on Civil and Political Rights. It emphasizes the government’s obligation to guarantee the right to live with dignity for all, including detainees and prisoners. Furthermore, it highlights the government’s inability to comply with Article 10 of the International Covenant on Civil and Political Rights, which addresses the humane treatment of prisoners- an aspect that is notably absent in the context of the Morang Detention Center.

Morang Jail Administration - Behind the Bars
Morang Jail Administration

Somraj Thapa stated that the mandamus ordered the opposing party in the case of Ministry of Home Affairs, Singh Durbar Kathmandu, Prison Management Department, District Administration Office Morang, and Morang Prison Office to submit their written response within 15 days through the Office of the District Public Prosecutor. The same order of the court provided time to the Ministry of Internal Affairs and Law, Koshi Province to submit a written reply within 15 days through the Office of the Chief Justice, Koshi Province Biratnagar. “As of now, the case has not received its judgment “, said Thapa. 

International Human Rights Standard for prison officials

  • All persons deprived of their liberty shall have the right to an adequate standard of living, including adequate food, drinking, water, accommodation, clothing, and bedding.
  • All necessary medical treatment should be provided free of charge.
  • Prisoners have the right to the standard of physical and mental health.
  • No one in a prison should fear for his/her physical safety.
  • All cruel, inhuman, or degrading punishments are completely prohibited.
  • The purpose of the prison regime should be to help prisoners to lead law-abiding and self-supporting lives after release.
  • All persons are equal before the law and are entitled without discrimination to equal protection of the law.
  • The essential aim of the treatment of prisoners shall be their reformation and social rehabilitation.

A call for reform

The narrative extends beyond the Morang Detention Center and the courthouse. It urges a societal debate, a call for the transformation of Nepal’s Prison system. It demands an end to the silent epidemic of custodial death and systemic negligence. The collective voices within and beyond the bars echo a powerful refrain: the pursuit of a more just and humane world.

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