If we start from the premise that only those for whom prison is essential should be there, then we should ask why is it that in our prisons more than 50% of the prison population are remand prisoners and out of these fifty percent a significant proportion are awaiting trial for more than 5 years. As a matter of justice those who are on remand should be contained in conditions which reflect the prisoner’s remand status, persons who are innocent until proven guilty.

At the NHRC we have been made aware of several cases where remand prisoners are awaiting trial and in one particular case a prisoner has been on remand for the last nine years and has still no clue when his case is likely to be heard. A prisoner awaiting to be formally charged is presumably on a provisional charge, implying that he is regularly seen by a Judge or a Magistrate depending on the where his provisional charge has been lodged. It would appear that in the case of the prisoner of a nine year waiting list, the different layers of supervision which accompany a provisional charge, the office of the DPP, the Commissioner of Police, and the Court itself, have failed, laying bare an outdated criminal justice system.

In the case of Dookee v The State 2012UKPC 2021 the Law Lords highlighted the fact that prisoners on remand have almost the same treatment as convicted prisoners. They have almost the same status as convicted prisoners. The Law Lords made the following observations:

“When one comes to analyse the differences in the conditions imposed respectively on remand prisoners and convicted prisoners these really seem to amount to very little, certainly compared to the altogether graver conditions which they have in common: their loss of liberty (in, be it noted, identical physical conditions). The right to wear one's own clothing, to four rather than two visits a month, to write more than two letters a month, not to work, to grow one's hair and not shave, to spend (if one has it) MRU1000 instead of only MRU200 in the canteen: these are minor benefits indeed compared to the fundamental fact of confinement in prison. ”

The remand prisoner like any accused has a right under section 10 (1) to have his case heard within a reasonable time by an independent and impartial tribunal established by law. In the Attorney General Reference No2 of 2001, Lord Bingham explained the meaning of reasonable time:

“In criminal matters reasonable time ....begins to run as soon as a person is charged, this may occur on a date prior to the case coming before the trial court, such as the date of arrest … ” .On the day of arrest the suspect will be notified by the arresting authority of an allegation that he has committed an offence.” Of course, every effort should be made to bring down the population of remand prisoners, and every effort should be made to ensure compliance with section 10(1) to have a case heard within a reasonable time. As far back as the year 2013 in the case of Rummun v The State of Mauritius, the Privy Council warned about the lack of judicial oversight observing : “Magistrates and Judges should be astute to detect delays in the conduct of criminal trials and should be proactive in seeking to eliminate it” .

It has therefore become imperative as a first measure to have a dedicated fast track from remand prisoners to have a regular and a systematic review of their cases. The lengthy periods of pre-trial imprisonment is in no one’s interest and is in inimical to fairness. Delay fades the memory of both prosecution and defence witnesses, affects generally the quality of the evidence and possibly inadvertent destruction of relevant documents. Second it is important that the authorities implement a policy in so far as possible to ensure that the employment and family connections of the remand prisoner remain intact during his period of imprisonment?

Prisoners on remand should be treated with the dignity and respect they deserve and their conditions of confinement should not be punitive. They are innocent until proven guilty a fundamental legal doctrine which cannot be overlooked.