By Claude Mills, Staff ReporterFOR SEVERAL months now a loophole in the administration of the Department of Correctional Services has allowed foreign nationals, many of whom are serving sentences for drug offences, to be released from prisons on "compassionate grounds" on the pretext of being terminally ill.
Sources told The Gleaner that several prisoners have been released well ahead of the completion of their sentences on the pretext of being afflicted with such life-threatening diseases as renal failure, chronic diabetes and even HIV/AIDS. The prisons affected include the St. Catherine Adult Correctional Centre, Spanish Town, and the Tower Street Adult Correctional Centre (formerly the General Penitentiary), central Kingston.
According to a well-placed source in the Correctional Department, as many as 10 foreign nationals have been released from prison, most having been convicted on drug trafficking charges in 2001 and 2002.
"The correctional officers at St. Catherine and GP became suspicious when we realised that we were being bypassed when it came to recommendations for compassionate release," the source said.
Insiders, taking advantage of the loophole, contacted relatives of the imprisoned foreign nationals, and for a price, set up the paperwork and recommendations necessary to get them out based on some chronic medical condition.
"There were a number of questionable releases. I made enquiries but persons who knew refused to touch the issue.
"However, the last straw came less than 12 months ago (when) a Canadian foreign national convicted of a drug trafficking charge was allowed to leave, and most of the COs (correctional officers) were not aware that he had any terminal disease.
"Eventually, about eight months ago, the Commissioner at that time ( Mr. Fearon) got wind of [what was happening]. The ministry had suspected something as well, and all compassionate leave was suspended," the source said.
Most foreign nationals incarcerated in Jamaica have been convicted of drug trafficking and related offences.
When contacted, a member of the local medical team attached to the prisons denied that any such thing was happening, and denied hearing rumours about any such thing.
"No, I haven't heard the rumour, I am going to suggest that you speak to the Commissioner about this," the team member said.
NO EVIDENCE
However, Major Richard Reese, Commissioner of Corrections, told The Gleaner that he had heard "rumours but no evidence had been unearthed to prove it." "As prudent managers, the Department of Correctional Services and the ministry have reviewed the policies of compassionate release to ensure transparency and integrity. When a policy is not subject to review by a group of persons, it is open to manipulation and condemnation, so we have moved to correct that," Major Reese said.
Since September, the department has revised its policy of assessing inmates who apply for compassionate release. All applications are now subject to an assessment by a committee comprising a medical officer assigned to the prison where the applicant is serving the sentence, the probation officer, the superintendent in charge, the Medical Officer of Health for the parish, and a clinical psychologist.
NEW POLICY
Under the new policy, no prisoner, local or foreign, who was convicted of drug trafficking offences can qualify for compassionate release. The suspension of "compassionate release" has adversely affected inmates who would otherwise have genuinely qualified for it.
"Since the suspension of that policy, two inmates have died of HIV/AIDS in prison, while the plans for a medical board were put in place, and there are at least 10 guys who could qualify for compassionate release because of the advanced state of their sickness. There are people who are genuinely suffering because of the abuse of the policy," the source said.
Since the new policy has been implemented, no inmate has had his or her case reviewed by the new board.
"I have since put up one case for review under the new scheme", Major Reese said. In the meantime, we are providing care for those inmates with chronic illnesses. We have recruited additional doctors to rotate the rounds, so we are being very thorough."
He added: "We are also in the process of sending a document to the ministry regarding the conditional release programme".
