APPENDIX IV

Conditions in prison

Reference: Report Pertaining to the Problems Caused During Remand in Yei Prison from 9th November 1982 to 5 March 1983.

Introduction: It is obvious fact that every individual has an obligation to himself/herself and most important, to his country. Just as a refugee, I too, like a citizen of this country, am charged with the divine duty of fostering and implementing government policies and objectives.

It follows that if any institution like the legal authority summons anybody from any society, so as to give evidence on an incident which affects the community, one has to respond without hesitation. If it is a case of murder, the rights of the deceased has to be defended and causes of his/her death must be uncovered for appropriate action. And so it happened that nature had arranged for me also to face such a trial. On November 8th of 1982, I took a cousin to his parents at Roronyo Settlement after some treatment for hookworms. On my return the following day I was arrested by the police who told me that a case was opened in Yei central Police Station and I was supposed to go and give my own evidence.

At first I was not alarmed because I knew I was innocent of any crime that could lead to convicting me and so I accepted the custody without suspicion. The following day I was escorted at gunpoint by a policeman to Yei Police Station with an attachment note that quoted code number 251. I did not know that I was already condemned of murdering somebody I did not know or saw.

On reaching Yei Police Station I was aggressively greeted by the news that I was responsible for having killed somebody at Roronyo. This information shocked me into a temporary coma.

 

Steps taken to Obtain Information From Me:

a) A piece of iron rod - the size of six inches nail - was put in between my fingers and nylon thread was interwoven between my fingers and the nail, then ends of the thread were pulled so much so that the opposite pairs of my fingers pressed the hardest against the iron rod.

b) Meanwhile heavy beating rained all over my body - even much more on the head. The number of beats I could remember before I lost consciousness was fifty strokes of whip. Perhaps that policeman stopped when his hand got fatigued, me I did not know. The only answer I could give was a wild cry for the humiliations inflicted on me. Maybe prophets can only give evidence on a situation without bearing witness. Thereafter two days I found myself in Yei Prison, too disabled to realize why I was there.

It was there when I found four other fellow victims of circumstances arrested for the same case: the fifth, I was told got discharged after a tip of £S65 to the investigator of the case. Then I was the sixth killer of the same person whom I killed maybe through imagination. After consoling myself for a week with sleepless nights over the crime I did not commit, an investigator came around and told me probing into my case could take even two years. I simply deduced that my fate was completely sealed.

 

Conditions in the Prison

1. Everybody in the prison was expected to bear the burdens of work, whether on remand or a convict, young or aged. Perhaps the convicts have benefits such as limited freedom sometimes is allowed. But one remanded of murder case does not deserve any relaxed guard.

2. Nature of labour could be fetching water in drums whose capacity is equivalent to four jerrycans of water; strictly carried in pairs. Much of the period I was there, I was one of those trained for bricklaying, 200 per head whether you are quick or slow, young or old, a little healthy or sick, you have to languish up to the last moment.

3. Feeding is only adequate to keep on going. With percentages of say 1% composition for a balanced diet because I am not sure of the test of a balanced diet for potato leaves cooked with leaves of beans and other vegetations believed to be edible when there was no repulsion after eating. Unless one arranged for private feeding, life in prison is at stake, as far as food is concerned. The bread made out of dura was good for a desperate person.

4. Dormitories have cemented floors but provision for sleeping on and covering from cold is the duty of each prisoner. The houses are occupied by bed bugs, lice, and worms.

5. The fact that people have to queue in the toilets, every prisoner is exposed to the infection of one contagious disease or other. And so unless you stay there one day, you can't leave the prisons without some infections.

6. Medical facilities are practically unavailable. The hope is wild (herbs) drugs when prisoners are taken out to work.

You are expected to account [pay] for your treatment. On the other hand when money is found during searches, the penalty is several strokes on the buttocks.

 

Moral Support from Fellow/Refugees/Settlers - NIL

1. The settlement authority by then claimed to have reached the UNHCR office - Yei and the boss in the office was Mr Nehemiah who had promised to them, he would follow up my case. This fact was disproved by lack of action taken.

2. My Headmaster expected to be the proper figure head in putting pressure on higher authority as far as the affairs of his staff member is concerned, decided to shut his mind, lips and ears about my awkward situation.

3. My Deputy Headmaster whose bicycle I had used for the journey to Roronyo Settlement was the first defendant. He refused to report to the police until a letter of arrest was sent to the settlement authority, in case of further protest against my defending my rights.

In the course of time, the other three co-detainees who were from the same family fished their way out at the charge of £S55 per head. Then I realized now two of us remaining would in long run face the court. On getting the information that it is a way of life to squeeze some money out of a prisoner, here. And that if I wanted really to be discharged, I should accept the usual ransom as imposed.

 

Consequential losses incurred

1. The members of my family had to accept to starve as a prize for my release. The records of ACROSS seed buyers will confirm that my brothers sold four bags of rice at £S156. The negotiated amount with my investigator dropped from £S200. to £150. and had only a balance of £S6.

2. During the four months detention period about £S100 was spent to cater for my additional feeding and medical care.

3. You will find from the H/m's [Headmaster's] files on pay sheet my incentives for January and Feb. 83 was not paid - £S100. The local concerned persons; comprising of the Headmaster and his subordinate and about two to three members of our School Management

Committee vetoed that the policy of UNHCR is to pay those teachers who worked. Just as if I chose to go to prison, they decided to take the amount as lost. And yet technical persons like the Headmaster could help in civilizing those misinformed, about the fate of somebody on remand.

4. Due to the injuries sustained in prison up to now I feel my capability compared to a normal person for certain heavy work is yet just half of what I used to be.

 

Request for assistance

1. It was my intention to buy a sewing machine with the proceeds from the sale of rice under perfect market conditions. Then my accrued incentives could purchase a bicycle for the household. But now nature imposed the already explained predicament which resulted a heavy loss of personal revenues, and sustaining of severe injuries thus reduced me not far from disabled. It follows that I would permanently remain the same as the little salary I get has even to pay for the little job I could do. Affording now goods like a bicycle for the rest of my future remains the furtherest at the horizons of my mind.

2. I am not saying you must consider this case, but from the humanitarian background, as a responsible fellow for research into human problems like mine, I am only grateful because the facts I have uncovered is reflected to many other refugees suffering in the no man's house and it has reached the access of the proper person so that the world's concerned moralists may know about it....(10 August, 1983).

Thank you with regards

Sincerely yours,

In another letter written in response to my request for more information on prison conditions, ---- wrote the following:

In one of the prisons in my country of asylum - Yei prison, similar treatment is accorded to both citizens and aliens in regards to accommodation, feeding, work, etc. But differences appear for the common belief that a refugee on remand convicted of any offence is stubborn, guerrilla and unpredictable and so, a guard with the strictest discipline is ensured during working hours. Just even in the prison premises the refugees are suspected for manuplaiting (sic) ways and means of escape.