The Corradino Correctional Facility, built in 1842, today accommodates an average of 800 inmates at any given time, practically double its intended capacity.
The facility’s 469 prison cells are all built to accommodate a single person in detention. The sad and scandalous truth is that no fewer than 206 cells ‘host’ two inmates or more, with another 179 inmates held in detention in 15 rooms, designated, in Orwellian fashion, as ‘dormitories’.
It is in this context that the Nationalist Party last week launched nine proposals for discussion to address this dire situation.
The first proposal is for a process is to be initiated immediately to increase the number of cells by 125, with all the ancillary facilities required. This would be done by building a new block within the facility, estimated to cost €2.5 million.
Second, since about 50% of the prison population are foreigners – the current figure stands at 457 – the PN is committed to reducing the foreign prison population by 15% by repatriating them, through the various interstate obligations of cooperation.
Third, it is to be noted that, during March, 278 people were incarcerated on preventive arrest while their proceedings were still pending in the courts. That amounts to more than a quarter of the current prison population.
The PN believes that this is not fair because the state should guarantee their presumption of innocence as they await their hearing. Expediency in criminal proceedings would result in a reduction in the number of inmates held under preventive arrest.
As a first step in this regard, the PN is proposing an increase in the number of magistrates assigned duties to hear the compilation of evidence. We believe that detention prior to the finding of guilt should be the exception and not the rule, applied only in very serious cases where there is no alternative.
The fourth proposal is for more investment so that Caritas and other NGOs can introduce new programmes for inmates, allowing them to serve their sentences, or part of them, in an environment away from their prison cell. The priority would be their full rehabilitation and preparation for their reintegration in society.
The fifth proposal is about the institutions, administered by NGOs, that accommodate prisoners serving the final part of their sentence. Although initial steps in this sector have been taken, there is still a lot to be desired.
We are, therefore, proposing that additional premises be identified immediately so that more ‘halfway houses’ and ‘supervised accommodation’ are established in two localities. The government must allocate the funds necessary and provide assistance so that inmates have the possibility, under established criteria, of spending the last days of their sentence out of prison.
The proposals would lead to a reduction in the national prison population as well as provide for more humane living conditionse- Errol Cutajar
Regarding its sixth proposal, the PN notes the continuing efforts on European and international levels to safeguard the interests of inmates’ children.
The government should provide more assistance to the families of inmates.
Unlike Italy or the UK, Malta does not have laws or a social structure that protects the children of prisoners and that make sure the children do not end up becoming victims of the offences committed by their parents. The PN is proposing to introduce ‘children-parent units’, away from the prisons, in conjunction with an action plan for these children, who are the government’s responsibility.
Seventh, the PN is proposing legislation on ‘electronic tagging’ as a condition of bail, as an alternative to preventive arrest. This measure, with the correct checks and balances, would ensure that bail conditions are adhered to and would address concerns about the accused absconding or contacting key witnesses or victims.
The eighth proposal is for the better implementation of the parole system, which was introduced by a PN government. This was a step in the right direction but increased efficiency and expediency could lead to a decline in the prison population while helping the inmate to reintegrate back into society.
The restorative justice act has not reached its full potential. As an alternative government, we would look into the possibility of enhancing the present mechanism of parole, not only for the sake of inmate reform and reintegration into society but also to promote good behaviour within the prison.
In our ninth and final proposal, we would like to see ‘ageing and health parole’ concepts be developed in Malta, as already exist in other countries.
This system would allow the courts to consider age and physical health when handing down a sentence. It also sets up a mechanism for an inmate to become eligible for release before the expiration of the full term of the sentence due to a deteriorating state of health.
The PN’s proposals concretely address the issue of overcrowding at the prison, which is bringing the facility to the verge of collapse.
If adopted, the proposals would lead to a reduction in the national prison population as well as provide for more humane living conditions for inmates, a better working environment for warders and staff and would put the minds of the public at rest that the situation is under control.
Errol Cutajar, lawyer and PN candidate