Report on Prison Conditions in Jamaica
categorisation, and discipline. Both the Rules and the Corrections Act contain specific provisions on the treatment of inmates under sentence of death.
It should also be noted that, with limited exceptions relating to accommodation and clothing, neither the Act nor the Rules convey positive rights on the prisoners to certain standards of treatment. Tey are on the whole administrative and procedural. Tere is some overlap between the two, and as regards certain provisions, there appears to be little reason why one should be contained in the piece of primary legislation, but another should merely form part of the Rules. Te legislation as a whole appears to have been drafted in a somewhat haphazard fashion.
Tis report details numerous breaches of both the Corrections Act and the Adult Correctional Institution Rules. However, while the Corrections Act covers the penal system as a whole, subsection 6(3) of the Act specifies that the Rules apply only to adult correctional centres, and not remand centres or lock ups. Any complaints made regarding HARC are thus made in relation to the Corrections Act and international obligations only. Nevertheless, the Correctional Institution Rules do apply to remandees held in correctional centres (see Rule 189(1)), and it is submitted that they provide valuable guidance on the minimum standard of treatment to be expected, whether in specialist remand accommodation or not.
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