M.P. makes prison call

The Tautua Whip and Member of Parliament for Faleata West, Lealailepule Rimoni Aiafi, has called for Cell No. 9 at Tafa’igata Prison to be re-opened.

Referred to locally as the “pa sima,” the cell used to hold some of the country’s worst criminals was closed a few years ago.

But Lealailepule’s call has been promoted by the growing number of prison escapees, threatening the safety of the community.v Leala said re-opening the cell might be one way of deterring prisoners.

“This could be the reason why they keep running away because it’s no longer used (cell no.9),” said Leala. “If it deters the criminals, then it should be re-used.

“There are some prisoners that need to be placed in there for that reason. They cannot be controlled and cannot be trusted to be in a normal cell.”

Leala also questioned why prisoners are allowed to spend weekends away from prison.

This is the time many of them use to re-offend, he said.

“If they are sent to prison, they should stay there and serve their time until it is done,” he said.

“Maybe it was a practice from the past but to me the prisoners today are not like the ones in those days.”

In explaining his point, Leala said the new criminals have a habit of re-offending. He said they have made breaking the law a “career” and “their profession”.

He added that perhaps the separation of Prisons from the Police was done too soon.

“I feel for them (prisons authority) if they are not given resources and assistance they need to strengthen their role,” said Leala. “It’s an internal issue that should be addressed with the government to ensure that people from my constituency and the country feel safe in their homes and are protected.”

Asked for a comment, Assistant Commissioner of Prisons and Corrections Services, Ulugia Niuia Aumua, said the call for the pa sima to be re-opened is not an option.

“It does not comply with United Nations and human rights requirements and conditions,” said Ulugia. “That cell has been closed due to incidents that happened in the past. I don’t think that will happen with the practicality of it having it reopened without upgrading the cell and I’m pretty sure the Ombudsman would have a lot to say about that.”

The pa sima is a dark room with no iron bars and no light.

Ulugia pointed out that there are other cells being used at the moment for extra punishment.

He said the cells is a smaller version of the ones being currently used and only has a capacity to hold about six people.

“It has natural light coming through and we try to keep up to four prisoners in the cell when under punishment,” said Ulugia. “The Corrections regulations clearly state if they are in there for more than two days, they should be let out. Regardless of that they are let out for showers and meal.”

As for claims that prisoners should not be allowed to spend Sundays with their families, Ulugia said the practice is part of the Police and Prisons Act. He explained that not all the prisoners are entitled to it and there are conditions they need to meet.

“It’s part of rehabilitation. It is a way of maintaining the connections between the prisoners and their families. We also recognise that cultural aspect the relationship of respect being highlighted in the legislation.”

A Commissioner of Inquiry report in 2014 from Ombudsman, Maiava Iulai Toma highlighted the issues with the pa sima and related issues at Tafaigata prison.

In his report, Maiava said Samoa’s prison population as of 26 September 2013 comprised of four hundred fifty seven (457) male and thirty-six (36) female inmates.

Seventy six (76) males and three (3) females were also being held in custody at Tafaigata Prison making a grand total of five hundred seventy two (572) detained persons.

“Except for a high concrete wall under construction around the small women’s compound situated within Tafaigata prison, there are no perimeter security walls around any of the three detention facilities,” Maiava said in the report.

Furthermore, the Ombudsman pointed out that the Vaiaata prison in Savai’i and Olomanu, a prison opened in November 2006 for young offenders, are both very low security facilities for male inmates. The latter two facilities have neither security fencing nor a single lock-up cell.

Forty seven (47) prison officers under the command of the Commissioner of Police through an Assistant Commissioner as the Chief Gaoler are responsible for and maintain prisons security without visible arms of any kind.

“It is quite normal on the other hand for large gangs of often twenty or more prisoners, each with a razor sharp machete, to be supervised in plantation work by one or two unarmed policemen far from the prison buildings and other prison officers.

“This never fails to impress or stun people when they see it or when it is recounted to them by Samoan prison officials. The latter explain it in terms of Samoan culture and traditional modes of interaction between officers and inmates.

“ Without detracting from the remarkable achievements of prison officers in truly risky circumstances on the job, it is undoubtedly the case that the system works and operates with minimal visible structural support because of its functionally effective basis in fear and intimidation; – fear of the Police and the “pa sima”, the “concrete wall” or punishment block.

“The key component of the fear mechanism is prisoner conviction that while in gaol, the “pa sima” is his lot in life, whenever a prison officer chooses to make it so. This is reenforced continuously either by the reality of the punishment itself or frequent verbal threats or reminders of it. The realization moreover that escaping from prison is futile and does not offer relief must also help.

“Convicts on the run in Samoa are not able to melt into anonymity in society as may be possible elsewhere, and find themselves in traditional communities that are not only incapable of accommodating them as anonymous individuals, but are uncomfortable or even unwilling nowadays to accommodate them at all.

“In these circumstances escapees inevitably find themselves quickly back in prison and into the ever waiting solid, sinister, dank and dehumanizing reality of the prison “pa sima”.”