Decongesting Ghana’s Prisons: Addressing The Alarming Issue Of Overcrowding

Rehabilitation, not punishment, should be our focus - President Nana Akufo-Addo (2019)

Ghana’s prisons are bursting at the seams with excessive overcrowding, compromising the health, safety, and rehabilitation of inmates. Some prisons are holding prisoners far and beyond their stipulated capacity.

The country’s prisons, designed to accommodate approximately 9,000 inmates, currently hold over 15,000 prisoners, exceeding their stipulated capacity by 66%. The resultant effect is that prison facilities are over stretched.

The following data lends credence to the problem of overcrowding in the country’s correctional facilities: Ghana Prisons Service (GPS) 2022 report: 15,441 inmates in 44 prisons, with an occupancy rate of 166%, World Prison Brief (2022): Ghana ranks 14th in Africa for prison overcrowding, Ghana’s prison population density: 133 prisoners per 100, 000 population (GPS, 2022).

Overview Of Ghana’s Penal System

Before the advent of colonial rule, Ghanaian culture and traditions had their own offences and punishment systems that did not require the incarceration of offenders. Offenders were either made to pay reparations to the victims or exiled. During the colonial administration, sections of the forts where slaves were kept were used as prisons. The objective then was punishment, not rehabilitation.

When Ghana gained independence in 1957, the prison system underwent reforms. This was to make them a fitting place for the rehabilitation of inmates.

The Ghana Prison Service is responsible for managing prisons, overseen by the Ministry of the Interior. The policy objectives of the GPS include the following:

1. Welfare and safe custody of prisoners.

2. Provide rehabilitation programmes for inmates

3. Prepare prisoners for their reintegration into main stream society

4. Provide personnel for UN peacekeeping operations.

Overcrowding is a major problem confronting the Ghana Prisons Service. It needs urgent attention with a focus on finding lasting solutions.

Factors Accounting for Overcrowding

There are delayed trials and judicial processes. Some prisoners spend long periods in prison due to frequent court adjournments. We also have a rather large number of pre-trial prisoners in the prisons. When some remand prisoners are due to stand trial at a given date, police investigators/prosecutors fail to come for them to appear for the trial to continue.

It’s disheartening to hear such frivolous excuses as the investigator/prosecutor in charge of the case is on transfer to another region or is on leave. We must know that a suspect is presumed innocent until his case is fully determined by judicial process. And justice delayed is justice denied.

There is limited prison infrastructure and resources. There are no separate facilities for housing remandees. Prisons that are already grappling with overcrowding are compelled to receive into custody prisoners coming in with valid warrants of detention.

Another factor for overcrowding is prohibitive bail terms and sentencing policies. Some bail terms as given by some courts negate the very purpose of bail, which allows a prisoner to be free while attending court until the final determination of his case. Bail is premised on the principle that a suspect is presumed innocent until proven guilty. Where a huge amount forms part of bail conditions, poor prisoners cannot be beneficiaries.

Imprisonment has been excessively over-used, compounding the problem of overcrowding. Albeit other sentencing options are available, they are hardly used by the courts in Ghana. Imprisonment is used as an easy option. The situation is made worst by long prison sentences given as deterrent punishment.

Furthermore, there are increased crime rates and law enforcement efforts. Crime has been on the ascendancy in recent times, but because of effective policing, many of those involved in crime are arrested and made to face the long arm of the law. Many of these criminals find their way into prison as remands or convicts.

As a result of lack of reformation and rehabilitation programmes, some discharged prisoners who did not have skills to make a decent living commit other crimes and return to prison custody. Inmates of this category are called recidivists.

Challenges of Overcrowding

There are health risks associated with overcrowding. Infections such as respiratory diseases, notably cough, tuberculosis, and skin lesions easily spread among inmates.

Malnutrition related problems are common place in our correctional facilities. They include gum and mouth diseases, anemia and poor vision.

There is poor sanitation. Prison environment has a characteristic smelly atmosphere because of lack of toiletries and detergents to keep it in a good sanitary condition.

There may be increased violence and conflict. Overcrowding offers a fertile ground for prisoners to hatch and execute their escape plans. They may turn violent to express their frustrations. The feeding rate which currently stands at Ghc1.80 per prisoner per day is woefully inadequate. Inadequate feeding is a leading cause of prison riots.

There is limited access to education and rehabilitation. Prisons generally have poor education and rehabilitation infrastructure. There are no spaces in some prisons for workshops to give trade training to inmates. Educational facilities are either inadequate or non-existent. Some prisons do not have library facilities and those that have lack relevant instructional materials.

There is psychological trauma and stress experienced by prisoners in overcrowded prisons. Homosexual practices occur in prison, especially those that are overcrowded. Prisoners become wives of other prisoners. Anal sex can be painful and those subjected to it can feel bad about themselves.

The thought of their families and property and what may be happening whilst in prison can be the source of stress, worry and anxiety. Some may have lost contact with their family, friends and loved ones.

Overcrowding has a negative impact on prison resources. Resources are overstretched. This includes food, water and healthcare.

Additionally, overcrowding has a negative impact on the reinsertion of discharged inmates. Some ex-convicts face the problem of unemployment and homelessness. Ex-convicts are, by law, debarred from being employed by the public sector. This law negates the purposes of reformation and rehabilitation.

Suggested Solutions and Reforms There is the overriding need for judicial reforms. The courts must ensure the speedy disposition of all cases. There must be improved case management and imprisonment used as a last resort.

Bail and sentencing reforms should take into account the nature of the offence and the personality of the offender. Bail terms should be relaxed and granted to suspects with petty offences such as stealing foodstuffs or birds.

Non-custodial sentencing is a viable option for a certain category of cases. For instance, pregnant women and nursing mothers can be considered for suspended sentences.

Petty offences can receive a community service order. Community service implies unpaid work.

Prisoners who have served a greater part of their sentences can be released on parole. The prisoner must strictly adhere to the parole terms, breaking which he could be returned to prison custody.

There is also the need for improved prison infrastructure. New prisons should be built and existing ones renovated and expanded.

Rehabilitation programmes must focus on equipping prisoners with skills that position them to gain employment on discharge. In light of this workshops should be established to give trade training to suitable prisoners including the physically challenged.

Educational programmes must be vigorously pursued as a tool of reformation, rehabilitation and reintegration. Educational programmes must be akin to what prevails in free society. This will make it possible for young offenders to continue their education upon their release from prison.

Alternative dispute resolution mechanisms should be reserved for civil or non-criminal cases. Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial.

The processes involved might include mediation, arbitration, and neutral evaluation. These processes are confidential, less formal, and less stressful than formal court proceedings.

The Police Service must step up its day and night patrols as a tool for ensuring the safety and safe protection of all citizens. Community policing is a good strategy to ensure the safety of communities.

The strategy involves the police collaborating with community chiefs, opinion leaders, assembly member and the youth in a bid to enforce law and order for the safety of their communities. Community vigilantes will collaborate with the police in identifying zones that are rife with criminal activities so such criminal elements can be flushed out, arrested and sent to court for justice to be served.

Lastly, the introduction and implementation of restorative justice practices should be encouraged. In practical terms, restorative justice enables the offender take responsibility for the crime committed, his integration back into the community and a case made for reparation to be given to the victim by the offender.

Conclusion

Here is a recap of the key points of the article. People are sent to prison as a punishment, not for punishment. The Ghana Prisons Service is a social control agency with the mandate to keep prisoners in safe custody, attend to their welfare needs, facilitating their reformation, rehabilitation and reintegration into mainstream society.

Ghana’s prisons are overcrowded with inmate population far in excess of their stipulated capacity. The overcrowding is attributed to a number factors including delayed trials, a rather large number of remand prisoners, limited prison infrastructure and resources, inadequate bail and sentencing policies, increased crime rates and law enforcement efforts, and lack of effective rehabilitation programmes.

Among the challenges of overcrowding are health risks, increased violence and conflict, limited access to education and rehabilitation, psychological trauma and stress, overstretched resources and the negative impact on reintegration. The following are suggested solutions to the problem of overcrowding: there should be improved case management and speedy trial of suspects, the courts should consider other punishment options and imprisonment used as a last resort. Non-custodial sentences should be encouraged.

Prisoners should have access to rehabilitation programmes, vocational training, counseling and correctional education, use alternative dispute resolution, and restorative justice mechanisms instead of formal court processes. Strengthen community policing as a strategy to sustain law and order and prevent crime. Here is my favourite quote by Bright Appiah as part of my conclusion: “Overcrowding undermines the very foundation of our justice system.” Yours in inspiration,

ARK AWOLUGUTU

Writer & Author

Email: awolugutu@yahoo.com