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Improper Conduct of Tanna Police and Poor Prison Condition Resulting in the Suicide of Junior Arthur Malcom [2005] VUOM 9; 2005.06 (16 September 2005)

REPUBLIC OF VANUATU


OFFICE OF THE OMBUDSMAN


PUBLIC REPORT ON THE
IMPROPER CONDUCT OF TANNA POLICE AND POOR PRISON CONDITION
RESULTING IN THE SUICIDE OF PRISONER JUNIOR MALCOM ARTHUR


16 September 2005


1035/2005/06


-------------------------------


PUBLIC REPORT ON THE


IMPROPER CONDUCT OF TANNA POLICE AND POOR PRISON CONDITION
RESULTING IN THE SUICIDE OF PRISONER JUNIOR MALCOM ARTHUR


SUMMARY


As outlined in many ombudsman reports, condition of prisons in Vanuatu has been a continuous concern of prisoners as it falls below the minimum international Standards.


Despite these reports and recommendations made, it appears that the government and the Prison Service Department did not attempt to improve the physical and living conditions of prisoners. Ignorance of these authorities in regard to impose security measures for prisoners have gone to the extent of seeing some female police officers having personal relationships with prisoners.


In this case, Mrs Julian Ben, a female police officer and late Junior Authur Malcom, a former prisoner, both of them transferred from Vila to Tanna had engaged themselves in a relationship which turned into a tragic situation where Junior committed suicide in prison in April 2003.


The Ombudsman found that while serving his sentence, Mr Junior engaged himself in a personal relationship with Mrs Julian Ben which is contrary to the role and duty of a police warden to keep surveillance of prisoners and enforce any law on them.


The Ombudsman also found that prisoner Junior should not have committed suicide if the prison authorities had taken previous measures such as keeping a close observation of him and improving condition of Lenakel Prison which is understood to be in a very poor condition.


Since this tragedy has occurred under the prison care, the Ombudsman found Prison Service of Lenakel Police Headquarter to be held responsible for failure to take appropriate measures to prevent Mr Junior to commit suicide despite being informed of the relationship he had with Mrs Julian Ben.


In relation to the above findings the ombudsman recommends that :