Rupert Colville, a spokesperson for the UN Human Rights office, voiced concerns over the excessive force used by security forces at a Madagascar jail whilst trying to contain a prison break. Reports allege that authorities open fired on inmates attempting to escape the facility, resulting in the death of 22 prisoners and serious injury to several others.
PRISON ESCAPE ATTEMPTS
On the 23rd August 2020, hundreds of inmates attempted to escape from Farafagana prison in the southeast of Madagascar. Prisoners divided into two groups: one to attack and subdue the guards, and the other to force a passageway to freedom through the prison toilets. In response, Malagasy security forces open fired on the fleeing inmates. According to reports, only 88 out of the 380 participants actually managed to escape. Most of which have been recaptured, save for 25 still on the run. As justification for ordering authorities to “take all necessary measures to control the movement”, the Minister of Justice alleges that several firearms had been seized by prisoners from on-duty corrections officers.
Whilst the escape was largely unsuccessful, the degree of force used by the security forces has raised concerns from the UN as to whether it complies with the principles of “legality, necessity, proportionality and non-discrimination”. Further, this latest fracas is far from an isolated incident, as it is the seventh prison break attempt that has occurred in the African island state since the COVID-19 pandemic began, which begs the question: “what is motivating these prisoners to attempt an escape?”
OVERCROWDING
Colville’s statement refers to the Malagasy prison as a “hotbed for COVID-19”, and suggests that inmates are attempting to escape detention facilities in order to avoid contracting the virus. Like many other prisons of its type, the conditions of Farafagana are generally unhygienic with severe overcrowding, poor food and limited access to adequate healthcare which has drawn concern from the UN in the past. Over the last few months, there have been numerous detention centre virus cases subsequently confirmed by the director of penitentiary administration. This includes 12 positive tests at Antanimora Prison and a further 41 linked to Toamasina prison.
Under the UN Standard Minimum Rules for the Treatment of Prisoners (AKA the Nelson Mandela Rules), each state is responsible for the physical and mental health, and well-being of their inmates. As such, the High Commissioner of the UN called on member states to reduce their prison populations at the beginning of the pandemic to contain contamination. They advised the release of “at-risk groups, such as pregnant women, people with disabilities, elderly prisoners, those who are sick, minor and low-risk offenders, people nearing the end of their sentences, and other who could safely be reintegrated into society and to apply non-custodial measures at the pre-trial stage.”
The Malagasy government seems to have acted on this advice, evidenced by the early release of prisons on the day of a national holiday in June. Those over the age of 60 (men) and 55 (women) who had already served 10 years were released at once. Additionally, inmates with short sentences of less than 3 months, and minors who had served half of their sentences were also released. However, this courtesy was not applicable to those charged for crimes such as “corruption, embezzlement, money laundering, murder, indecent assault, damage to natural resources and repeat offenders”.
INVESTIGATION
The authorities in Madagascar appear to have taken heed of the UN’s advice insofar that they have sought to reduce the swollen prison population of the island state. However, by their own admission, they recognise that more needs to be done to curb the panic-induced escape attempts which may transcend the number of prisoners in each facility.
The UN has vowed to assist the Malagasy government with their efforts to ensure that an independent and impartial investigation into the events of 23 August takes place, including the alleged excessive use of force violations against the security forces.
Justin is a Business Law and Business Management graduate from Heriot-Watt University and current GDL student with the University of Law. He lives in Hong Kong.