CO885-(6-7) — Page 564

16

PUBLIC RECORD OFFICE

Reference :-

C.O.885

7

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-

18

RETURNS showing the number of CORPORAL PUNISHMENTS INFLICTED ON PRISONERS for BREACHES OF PRISON DISCIPLINE during the years 1895 and 1896.

Welikade

Slave Island...

Mutwal

Mahara

Negombo

་་་

Kandy old Gaol

Bogambara

Nuwara Eliya

Jaffna

Galle...

Gaol,

1895.

1896.

Remarks.

Flogging. Daning. Flogging. Caning.

18

213

5

90

oc

10

1

8

27

1

78

13

1

8

30

6

1

2

43

55

4

10

63

89

29

49

1

Matara

11

5

Tangalla

2

2

Hambantota ...

Batticaloa

3

85

1

Kurunegala

2

Puttalam

3

4

Chilaw

8

3

Anuradhapura

Badulla

1

1

3

35

Ratnapura

17

1

Kegalle

Totals

20

564

7

440

The number of prisoners

was increased in 1896.

The prison was discontinued except for local purposes.

"forwarded REPORT on the "REGULATIONS as to FLOGGING for PRISON OFFENCES

with the CIRCULAR LETTER of the SECRETARY OF STATE, dated 25th May 1897.

(1) It is proposed that the power of flogging should be given only to "one or more Visiting Justices," represented in the colony by "Visitors," under Section 32 of Ordinance No. 16 of 1877. At present the Superintendent of a prison has power to inflict The power "corporal punishment not exceeding 12 lashes or 20 stripes with a rattan." of flogging (described as lashes) is very rarely exercised by the Superintendent-indeed by reference to the table which I attached to the report enclosed with my letter No. 328, of 24th July 1897, it will be seen that there were only 7 prisoners flogged for prison offences in the whole of the prisons during 1896. In the Convict Establishment the Super- intendent, as a rule, reserves this punishment for offences of gross immorality. The punishment of caning (described as stripes with a rattan) is inflicted principally for persistent refusal to work, or for repeated offences against discipline. I should greatly regret to see the power of inflicting this punishment taken away from the Superintendent,

19

as I am certain that the result would be greatly increased difficulty in enforcing penal labour, a great increase of dietary and other punishments, and increased hardship to the prisoners. The punishment inflicted generally consists of 5 strokes, increased to 7 for the second offence, but as a rule a prisoner works properly after one punishment with the cane. If the power of caning ceased to be in the hands of the Superintendent and he were compelled to wait for the attendance of visitors, many short term prisoners, whom it is especially desirable to compel to complete these tasks, would spend a great part of their sentences in awaiting adjudication.

In paragraph 7 of the Secretary of State's letter it is suggested that the Superintendents may be unfit

to hold the power of inflicting corporal punishment, and I conclude persons that it is with a view to meet this objection that it is suggested that the power should be This objection does not apply to entrusted only to "one or more Visiting Justices." Ceylon The Superintendent of the Convict Establishment is always an officer selected by the Secretary of State for the office, and trained in an English prison; the Super- intendent of the Kandy Prisons is specially selected from the English trained staff of the Convict Establishment; and the Superintendents of the local prisons are the Government agents and the assistant Government agents of the provinces. These latter have, from the time of their being cadets, had some experience of local prisons, and are gentlemen whose position, training and character should be safeguards against the dangers referred to The Government agents are also in paragraph 7 of the Secretary of State's letter. visitors of all prisons in their provinces. The other visitors are, as a rule, Government officers serving as District Judges and Magistrates, or in the Medical, Public Works, or Survey Departments. Their experience of prisons is generally less than that of the Superintendents, and it would not be advisable that authority should be given to one visitor beyond what he has at present, viz. :-to hear and enquire into complaints, to inflict a certain punishment for frivolous complaints, to report irregularities to the Colonial Secretary, and to punish defaulters in the absence of the Superintendent. The powers of punishment awarded to two visitors are necessary and proper.

The provision that corporal punishment should be "subject in each case to the written approval of the Governor " would be inconvenient, and, while extra suffering would be I am inflicted by the miseries of suspense, would render the punishment less deterrent. certain that, for prison offences at least, promptitude in punishment may often take the place of severity. In the more distant prisons, for instance, that at Jaffna for habitual criminals, it would be necessary to wait probably for at least a fortnight before the punishment could be inflicted, during which time the prisoner would be in a state either of mutinous irritability, or of miserable anticipation. I know that delay is one of the chief causes of suffering in regard to corporal punishment, and I have often been asked by prisoners awaiting confirmation of a sentence of flogging by a Court to have these sentences inflicted as soon as possible. I believe, indeed, that the most cruel part of the sentence of corporal punishment is that of awaiting its confirmation by the Governor, as I am sure, from personal observation, that the chief cruelty in capital punishment lies in The necessity for the delay the month which elapses between sentence and execution. may exist in regard to hanging, but it need not do so in regard to corporal punishment.

31

The offences for which corporal punishment may be inflicted, in the proposed rules, are similar to those named in the Ceylon Prisons Ordinance, except that, in regard to the punishment by flogging or caning by the Superintendent, stress is not laid on the necessity for the offences to be of a gross Or extraordinary nature. Practically, however, this is observed, and caning and flogging are never resorted to unless the offence is of a gross nature or persistent. In the case of punishment by visitors it is laid down (Section 6 of Ordinance 24 of 1890) that the prisoner must be guilty of repeated offences, or of such as the Superintendent cannot " adequately " punish.

I would, however, suggest that the following should be added to the list:-

(d) Feigning disease or madness, or wilfully disabling himself by disease or injury. (e) Acts of gross indecency.

As regards flogging, it is (2) Caning seldom consists of more than 5 or 7 strokes. now practically limited, by the action of the Governor, to 15 lashes, and this I believe to The Principal be as deterrent as a greater number, while less bodily injury is inflicted. Civil Medical Officer and I reported on this subject some time ago by request of His Excellency.

(3) This rule is enjoined by the Prisons Ordinance and Rules, and is strictly observed

16177-8

C 2