13

Chapter 2

Living Condition of PDL

Poor living conditions in prison or jail result to depression among prisoners.

These symptoms consist of a persistently depressed mood, loss of joy or interest in life,

and lack of energy, which lead to fatigue and reduced activity levels. They added that

prevalence of moderate and severe depression was higher among new prisoners, while

mild depression was more prevalent in older prisoners, suggesting that inmates adapt to

the prison environment over time. In addition, symptoms of depression were associated

not with specific mental disorders, but rather with the insalubrious environment of prison

settings, including factors such as: overcrowding, which means that prisoners have to

sleep together in the same bed or on the floor; dark foul smelling and unventilated cells;

poor diet; sedentary lifestyle; living with violent and aggressive people, including

correctional officers; confinement in solitary where physical space is minimal; and being

deprived of sunlight and human contact (Fazel & Seewald, 2013).

Accommodation

Accommodation is a basic need of a human being and a prisoner is also entitled to

a minimum space of accommodation during incarceration. In countries like USA and UK,

overcrowding is calculated on the basis of number of cots available in the prisons. In

these countries cots or bunker beds are provided to the inmates. However, in some

countries like in India prisoners are provided masonry sleeping berths (Flanagan, 2013).

The study of Folkman and Lazarus (2013) believed that all accommodation

provided for the use of prisoners and in particular all sleeping accommodation shall meet
 14

all requirements of health, due regard being paid to climatic conditions and particularly to

cubic content of air, minimum floor space, lighting, heating and ventilation.

Likewise, the study of Goodstein (2013) said that an ideal accommodation should

be that the windows shall be large enough to enable the prisoners to read or work by

natural light, and shall be so constructed that they can allow the entrance of fresh air

whether or not there is artificial ventilation. Artificial light shall be provided sufficient for

the prisoners to read or work without injury to eyesight.

Standard Minimum Rules for the Treatment of Prisoners adopted by the United

Nations (SMRTP) stressed upon the need of accommodation having basic human

amenities. It says that all accommodation provided for use of prisoners, particularly for

sleeping, will meet basic requirements of healthy living.

The study Suresh et al. (2013) found out that jails in India are very crowded, less

space, and inmates usually sleeping on floor, while insects are roaming in their bodies

and mosquitoes bite during night. Their cells are very dirty and are facing problems of

bees. The study also shows that, there is only one bathroom in the cell for 50 to 70

inmates. The result also shows that the condition is not favorable for human being and

two living men sleep in space of one man. They have to suffer with many diseases

especially skin diseases.

Similar concerns also happened in some jails in Brazil as stated in the study of

Galanek (2013) which found out that overcrowding, smoking, inhuman accommodation

is encountered by prisoners. They found out also that prisoners’ clothes and other things

are hung on hangers and their belongings are often stolen. There is suffocation during the

summer at night. There are many insects on their beds at night, the lighting is not proper
 15

at night. Due to overcrowding in the cells, the place for sleeping is not available to every

prisoner. So, they often quarrel with each other for sleeping place. In summer, the power

cuts often occur at night and it becomes difficult to breathe in that suffocated room. Some

cells are too old and dilapidated. There is only one toilet in the room, there is no

bathroom. The rooms are not clean, there many ants and rats. They added that the present

space of room can adjust only 25 to 30 persons. But because of overcrowding 70 to 80

persons are kept in the room and there is no space left for the persons to sleep. Every day

people quarrel to snatch place from each other to sleep.

In the Philippines, problem of overcrowding in most jails in the country is

observable. With the launching of Project Double barrel of the President Duterte the

number of inmates population was also doubled. Reported by Elizabeth Marcelo of the

Philstar.com dated June 16, 2017 says that the country's jails are already overpopulated

by 511 percent as the number of inmates ballooned to 126,946 as of the end of 2016

while the total ideal jail capacity remains at 20,746 inmates. She added that the Philippine

jails are the world’s most congested cell and this congestion in jails are already resulting

in health and sanitation problems.

Food

Food is a basic requirement of human life. A prisoner is entitled to get adequate

food of reasonable quality to maintain his health. An average man is required to be

provided at least 2000 calories a day to keep him fit. For preparation and distribution of

food inside the prisons, sufficient guidelines have been given in the Prison Manuals.

Normally food is prepared in the community kitchens and distributed by the inmates

under the supervision of Kitchen In-charge of the Prison. Inmates are deputed in the
 16

kitchens by rotation by the kitchen in-charge (Model Prison Manual, 2010). Every

prisoner shall be provided by the administration at the usual hours with food of

nutritional value adequate for health and strength, of wholesome quality and well

prepared and served. Drinking water shall be available to every prisoner whenever he/she

needs it. An average man requires approximately 2,000 to 2,400 calories a day. A person

who does heavy work requires not less than 2,800 calories per day (Standard Minimum

Rules for the Treatment of Prisoners).

Model Prison Manual (MPM) enumerated the food requirements of prisoners. It

states that

1. Every prisoner shall have three meals a day according to the scales prescribed.

These shall be:

(i) A light meal in the morning before the hour of work;

(ii) A midday meal; and

(iii) An evening meal before prisoners are locked up for the night.

2. Variety in the diet may be introduced by issuing different kinds of pulses,

vegetables and antis scorbutic on different days of the week or for different meals. The

Superintendent may lay down menu for different days of the week.

3. Bread is given to prisoners, the same should be prepared in prescribed weights

for different classes of prisoners, and cooks should be informed beforehand of the

prescribed weights.

5. Vegetables issued shall be free from stalks and leaves and shall be cut for

cooking before being weighed and delivered to the cooks. Potatoes or other root

vegetables should form at least one-third of the total quantity of vegetables. All
 17

vegetables should be examined daily by the Chief Medical Officer or his subordinate

Medical Officer.

6. Cooking may be done in stainless steel vessels. All cooking utensils must be

kept clean and shinning and the kitchen and eating area too must be clean and tidy.

But what is stipulated in Model Prison Manual (MPM) is not happening in some

jails especially in the Philippines. The study of Velasco (2016) found out that in the

Philippines, the overcrowding situation in the different prison institutions gives extra

burden on the part of the government. In food allowance alone, the allotted budget per

inmate is PhP50.00. The present population of the New Bilibid Prison (NBP) in

Muntinlupa City and all major penal institutions in the country reaches approximately

30,000 inmates which needs a daily budget of one million two hundred pesos

(PhP1,200,000.00) or an annual budget of four hundred thirty eight million pesos

(PhP438,000,000.00) more or less to feed them excluding the budgetary requirements for

their other basic needs such as medicines, uniform, beddings and other personal needs

such as soap, toothpaste, slippers, etc. Congestion or prison overcrowding is not just a

national issue but a worldwide issue as well. Prisons, in most parts of the world, are

overcrowded where the prison cells accommodate prisoners more than its ideal capacity.

This seeming condition does not contribute to the effective rehabilitation of convicted

persons.

Moreover, Republic Act No. 10575 or the Bureau of Corrections Act of 2013

mandates that the safekeeping of inmates shall include decent provision of quarters, food,

water and clothing in compliance with established United Nations standards. But in the

Philippines, the budget for food allocation per inmate only php30.00 per day, though in
 18

2015 the budget increases to fifty pesos (Php50.00) wherein the amount is divided into

three meals Php20.00 for breakfast, Php20.00 for lunch, and Php10.00 for dinner.

The daily food guide developed by the Food and Nutrition Research Institute

(FNRI), said that a nutritious meal consists of one cup of rice, one cup of vegetables, one

portion of meat, and one fruit. However, P439 is needed each day to feed 5 people. If

divided, it means that Php87.8 should be allotted each day for 3 nutritious meals of one

person. The UN Council on Human Rights contends that food provided should be

adequate to maintain health and strength, should be of decent quality, and be properly

prepared and served (United Nation Rules for the Treatment of Prisoners).

Drinking Water

Drinking water is one of the basic human needs. A person under incarceration

requires to be given clean and hygienic water to drink. Drinking water shall be available

to every prisoner whenever he/she needs it. Clean water for the purpose of drinking. The

relevant provisions of the manual are: a. wherever corporation, municipal, township

where water supply exists, arrangements shall be made to connect the prison with it. b.

The mouth of every drinking water well shall be completely closed and the water shall be

raised by a pump. The surface surrounding the well at its mouth shall be covered with a

sloping cement platform with a drain around it to carry spilt water, and the well shall be

linked to a sufficient depth to render the tube impermeable. c. Every well shall be cleaned

out once a year, and the date on which it is done shall be recorded. d. Once a week, the

depth of water in each drinking water well shall be tested and a record of the results

maintained. e. Suitable arrangements shall be made to supply every inmate of a ward and

cell with sufficient quantity of fresh drinking water through taps during day and night. It
 19

shall be the responsibility of the warder on duty to see that sufficient drinking water is

available before the prisoners are locked-in. f. Prisoners at work shall be supplied with an

adequate quantity of drinking water. If water is to be stored, it shall be done in covered

receptacles which must be thoroughly cleaned every day (Prison Manual).

The study of Goodstein (2013) assumed that the prime area of concern is

unavailability of filtered water and the fear of its being mixed with toilet water. Likewise

the study of Heskin (2014) found out that some jails in Brazil do not have a clean

drinking water because it was contaminated with green calves. He added that water is not

available 24 hours and cold water is not provided in summer. He also found out that dirty

water which is not drinkable and there is joint supply of water for toilets and bathrooms.

People get water from toilet tap. No other tap is there in the room. Same tap is used for

toilet purposes and for drinking. He also found out that there is only one tap in the toilet

which is used for toilet purposes as well as for drinking. At night the water is not

available after 8 P.M.

The study of Foon (2013) affirmed the study of Goodstein (2013) and found out

that dirty water is provided for Drinking in some jails in Japan. Water supply pipes are in

very bad conditions due to which there is always a risk of diseases. He also found out that

toilet water and drinking water are in the same tank and come from the same taps which

is a major human rights concern. The prisoners are always vulnerable to diseases because

of contaminated drinking water

Sanitation

Sanitation is one of the most basic human rights issues of the prisoners. Hygienic

conditions in prisons are adversely affected by shortage of latrines, urinals and bathrooms
 20

due to overcrowding, improper construction of urinals and night latrines inside the cells.

General non availability of flush system in latrines and no sewer lines in prison campus,

leading to choking of sewerage system. Sock pits are choked due to entry of other water

than meant for, improper and obsolete drainage system, no rain water harvesting system

and no system to recharge ground water by rain water (Plummer& Slane, (2015).

The study of Silverman and Vega (2013) said that the sanitary installations shall

be adequate to enable every prisoner to comply with the calls of nature when necessary

and in a clean and decent manner. Adequate bathing and shower installations shall be

provided so that every prisoner may be enabled and required to have a bath or shower at a

temperature suitable to the climate as frequently as necessary for general hygiene

according to season and geographical region, but at least once a week in a temperate

climate.

The study of Monica (2015) supported the study of Silverman and Vega (2013).

She said that cell should have sufficient number of attached urinals and wash places.

Latrines will be of the sanitary type with arrangements for flushing and privacy. Each cell

should be provided with a flush type latrine. Every prison should be provided covered

cubicles for bathing at the rate of one for every 10 prisoners with proper arrangement to

ensure privacy.

As cited by Antigone (2017) said that in India there are jails that have a bad

sewerage system and there is shortage of toilets. The existing toilets are of old model and

built on traditional pattern without flush system. Seats are broken and full of germs.

There is acute shortage of water in the toilets. He added that soap and toothpaste is

provided only once a month and is of poor quality. Some of the respondents highlighted
 21

that long queues of prisoners can be seen outside the toilets. He added that although India

has a low imprisonment rate, occupancy in prisons is generally far above capacity. The

national average occupancy rate is 144.7%, but varies from city to city. In 2005, it was

197.1% in Delhi and 318.2% in Jharkhand. The Arthur Road Jail in Mumbai has a

capacity of 820 but in 2004 it housed more than 3400 inmates. Tihar Jail has a capacity of

6250 inmates but housed 14126 prisoners in 2006. There is a lack of nutritious food, and

hygiene and sanitation facilities are severely lacking.

According to Griffin and Hepburn (2013) that there are jails in Mexico wherein

cells have single toilet to be used by 80 to 100 persons leading to chaos and

mismanagement. It causes a lot of problems during lockup period as well as at night.

Water supply is also not regular. Thus, it is seen that sanitary conditions in the jails are

inhuman and require to be dealt with sincerely. The situation has become alarming

because of overcrowding.

Section 5 of the revised Bureau of Jail and Penology 2015 edition manual states

that one of the missions of the bureau is to conduct activities for the rehabilitation and

development of inmates, improve jail facilities and conditions and provide for the basic

needs of inmates like adequate foods, health services and other basic needs. Further,

Republic Act No. 10575 or the Bureau of Corrections Act of 2013 mandates that the

safekeeping of inmates shall include decent provision of quarters, food, water and

clothing in compliance with established United Nations standards.

Jails and prisons represent unique and challenging environments in which to

implement effective hygiene programs. The prisoners’ health problems, notably

communicable diseases and chronic diseases are of significant public health concern
 22

because unresolved issues would eventually be passed on to the general community

(Monica, 2015).

Medical Services

Every incarcerated human being is entitled to adequate medical facilities as per

need. It is another grey area in the prison conditions which affect the life of the inmates

badly. Lack of adequate medical staff and other healthcare facilities are main area of

concern in the jails resulting in deteriorating health conditions of the inmates. Many of

the inmates died in the jails because of lack of timely medical care (Barbara, 2016).

Likewise, Flanagan (2013) believed that there are more than 10.2 million people

worldwide are held in prisons. In India for instance, there are around 411, 992 prisoners

and majority of these prisoners are uneducated, poor, and belong to marginalized or

socially disadvantaged groups and have limited knowledge about health and practice

unhealthy lifestyles. Thus, they represent a distinct and vulnerable health group needing

priority attention. While putting aside the fact that the ignorance of the health of prisoners

is an issue of immense human rights concern – the need to control disease in prisons as a

part of the larger agenda of public health and a part of primary healthcare is a concept yet

to catch up in India (World Prison Population List-2013).

The study of Dean (2016) said that Tihar Central Jail in India, reported that in

1997, 10000 inmates held in that institution endured serious health hazards, including

overcrowding, appalling sanitary facilities and a shortage of medical staff.

Advocating the need for proper medical check-up and other facilities at every

institution there shall be available the services of at least one qualified medical officer

who should have some knowledge of psychiatry. It further describes that the medical
 23

services should be organized in close relationship to the general health administration of

the community or nation. These shall include a psychiatric service for the diagnosis and,

in proper cases, the treatment of states of mental abnormality. Sick prisoners who require

specialist treatment shall be transferred to specialized institutions or to civil hospitals.

Where hospital facilities are provided in an institution, their equipment, furnishings and

pharmaceutical supplies shall be proper for the medical care and treatment of sick

prisoners, and there shall be a staff of suitable trained officers. The services of a qualified

dental officer shall be available to every prisoner. The medical officer shall have the care

of the physical and mental health of the prisoners and should daily check all sick

prisoners, all who complain of illness, and any prisoner to whom his attention is specially

required. The medical officer shall report to the director whenever he considers that a

prisoner's physical or mental health has been or will be injuriously affected by continued

imprisonment or by any condition of imprisonment (Yasuda, 2015).

According to the study of Yasuda (2015) added that there is discrimination in

providing medical facility. The influential people get hospital facility even outside the

jail; nobody cares for poor and those who actually require treatment. He added that single

medicine is provided for every ailment. No proper treatment is given to the patients. He

added that there is a general tendency of misuse of medical facility by rich and influential

prisoners. The rich man can get bed in the hospital without any disease. Influential

prisoners can be seen even in the government hospitals outside the jail on the pretext of

illness. He also found out that there is no lady attendant or nurse in the prison to attend

female inmates. It is obvious from the above observations that medical facilities are not

available to the prison inmates as per need and there is discrimination between poor and
 24

rich. Pointing out the discrimination and nexus of medical officers with prisoners of

influential backgrounds.

The study of Foon (2013) supported this, he said that proper medical examination

shall be offered to a detained or imprisoned person as promptly as possible after his

admission to the place of detention or imprisonment, and thereafter medical care and

treatment shall be provided whenever necessary. This care and treatment shall be

provided free of charge.

Similar to this, Velasco (2016) said that medical administration is one of the most

important concerns of prison management. The medical Officer of a prison has to give

careful attention not only to the treatment of sick prisoners but also to every matter

connected with the health of prisoners and overall hygiene of the prison. It has specified

the need of proper prison hospital.

Level of Stress

There are many factors which can contribute to stress among prisoners serving

sentence in jail or prison institution. Ireland and York (2012) said that certain features of

the prison setting can negatively affect the conditions of prisoners that eventually become

the stressor. These include: fear of the unknown, distrust of authoritarian environment,

lack of apparent control over the future, isolation from family, the shame of

imprisonment and the dehumanizing effects of imprisonment.

Similarly, the study of Lehmann (2013) concludes that the most damaging factor

to an inmate that is a contributory factor to stress is the institutional problems inside jails

which is overcrowding that will result to uncomfortable living condition of inmates.

 25

Moreover, Lehmann (2013) also added that loss of their life in the outside world and

relations with family, is one also of the causes of stress among inmates.

However, Armour (2013) suggested that imprisonment is not as detrimental as

first thought, and could also have some positive impacts on its inmates. The study of

Fazel and Seewald (2013) confirmed this; they found a little evidence to support the

conclusion that imprisonment has detrimental effects to the prisoner’s life. They added

that any harm caused by imprisonment can only be seen upon release, mainly due to the

stigma created by a period of imprisonment.

Synthesis and Research Gap

Based on the review of the different literature, studies and presented laws it can

be observed that many of the studies presented already the different challenges that PDL

have encountered and experienced. Researcher and studies stipulated that in many parts

of the world there are many inmates who experiences problems in their living conditions.

The study Suresh et al (2013) found out that jails in India are very crowded, less

space, and inmates usually sleeping on floor, while insects are roaming in their bodies

and mosquitoes bite during night. Their cells are very dirty and are facing problems of

bees.

Similar concerns also happened in some jails in Brazil as stated in the study of

Galanek (2013) which found out that overcrowding, smoking, inhuman accommodation

is encountered by prisoners. Similarly, the study of Heskin (2014) found out that some

jails in Brazil do not have a clean drinking water because it was contaminated with green

calves. Moreover, Goodstein (2013) found out that dirty water is provided for Drinking in
 26

some jails in Japan. Water supply pipes are in very bad conditions due to which there is

always a risk of diseases.

The study of Antigone (2017) found out that in India there are jails that have a

bad sewerage system and there is shortage of toilets. The existing toilets are of old model

and built on traditional pattern without flush system. Similarly, Flanagan (2013) believed

that there are more than 10.2 million people worldwide are held in prisons. In India for

instance, there are around 411, 992 prisoners and majority of these prisoners are

uneducated, poor, and belong to marginalized or socially disadvantaged groups and have

limited knowledge about health and practice unhealthy lifestyles. Moreover, according to

the study of Yasuda (2015) added that there is discrimination in providing medical facility.

The influential people get hospital facility even outside the jail.

The study of Ireland and York (2013) said that certain features of the prison

setting can negatively affect the conditions of prisoners that eventually become the

stressor. These include: fear of the unknown, distrust of authoritarian environment, lack

of apparent control over the future, isolation from family, the shame of imprisonment and

the dehumanizing effects of imprisonment.

Similarly, the study of Lehmann (2013) concludes that the most damaging factor

to an inmate that is a contributory factor to stress is the institutional problems inside jails

which is overcrowding that will result to uncomfortable living condition of inmates.

The result of the study will serve as the basis in crafting the comprehensive stress

management program that very beneficial in the rehabilitation of the Person Deprived of

liberty that is very crucial for a successful reintegration of the PDL in the mainstream of

society after serving their sentence inside jail or prison institution.