108TH INTERNATIONAL SEMINARREPORTS OF THE COURSEGROUP 2EARLY RELEASE OF PRISONERS TO FACILITATE THEIR REINTEGRATION INTO SOCIETY: THE ACTUAL SITUATION,
PROBLEMS AND COUNTERMEASURES
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Advisers

Mr. Mohammad Yamin Khan
Mr. Takao Nakamura
Mr. Elizabeth Malebogo Masire
Ms. Emilie Pantoja Aranas
Mr. Md. Hemayet Uddin
Mr. Tetsuya Kagawa
Mr. Akihito Suzuki
Mr. Gyan Darshan Udas
Professor Hiroshi Iitsuka
Professor Kayo Konagai

I. INTRODUCTION
This group consisted of 8 participantsfrom Bangladesh, Botswana, Japan, Nepal,
Pakistan and Philippines. The group iscomposed of an Assistant Judge, aPsychologist, Social Worker, Police Officer,
an Under Secretary, Probation Officer and
2 Prison Officers. The group was assigned
to study and present a detailed report on
the above subject, keeping in view thefollowing points:i) selection of early release candidates
in balance with the risk of recidivism;ii) time of early release to facilitate thereintegration of prisoners into society
in balance with the execution ofsentence as a punishment;iii) adjustment and/or improvement of
the living environment to which
prisoners will return after theirrelease from prison;iv) composition of the decision making
body for prisoners’ early release.
In an effort to facilitate the prisoners’smooth re-integration into the mainstreamof society upon their release, many
countries have adopted remission, parole,pardon, amnesty, extra mural employment/(Pakistan)(Japan)(Botswana)(Philippines)(Bangladesh)(Japan)(Japan)(Nepal)(UNAFEI)(UNAFEI)

labour etc, as early release measures. It isnecessary to point out here that there are
two types of extra mural employment/labour existing in some of the participants’countries. In one, prisoners are allowed togo out from the prison for work or labour,and they come back in the evening to theprison. This type of extra muralemployment/labour cannot be considered
an early release measure. However, insome countries, prisoners are released fromprison to work in the community under
supervision, and they are not required tocome back to the prison. In this paper, only
this latter type of extra mural employment/labour is discussed as an early releasemeasure.
However, these early release measures
are confronted with many problems in theparticipants’ countries such as:i) improper selection of early releasecandidates in balance with the riskof recidivism;ii) timing of early release;iii) consideration of living environment
to which prisoner will return after
release;iv) inappropriate composition of decision

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RESOURCE MATERIAL SERIES No. 54
making body;v) negative public perception;vi) lengthy procedure involved; andvii)inadequate trained staff to supervise
the releases.
It has been recognized, through researchstudies, that prolonged imprisonment does
not serve the purpose of the reformation ofprisoners. Rather, it has been observed thatthe early release of prisoners increases the
chance of reformation and rehabilitation,
and also the risk of their recidivism
decreases. As such, the release of an inmate
before the expiry of his/her sentence, under
supervision, is seen as a logical step in the
total correctional process; designed
particularly to assist the prisoner tobecome a productive, useful and lawabiding citizen. It is believed that theconditions imposed upon their release areclose to those they will again experience
as a free citizen after the expiration of theirsentence. At the same time, for a prisoner,
early release is an opportunity to test theirself-control and ability to adjust in thecommunity. For society, it offers immediate
protection through a degree of control overthe prisoner’s behavior and long term
protection through a reduced likelihood ofrecidivism.
However, offenders can best be helped
to be come law-abiding citizens in thecommunity rather than in prison. The mostimportant aspect of the early releasemeasure is its efficacy; when welladministered it assists the prisoner tosuccessfully re-adjust into community
living.
This report covers the aims andobjectives of the early release system; theactual situation, and problems andcountermeasures existing in the early
release systems of all participating
countries. Conclusions will be reached on
the basis of the detailed study of actual
situations and problems existing in theparticipants’ countries.

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II. AIMS AND OBJECTIVES
A. To Help in the Prisoners
Reintegration and Adjustment inSociety
Prisoners, especially those who havebeen incarcerated for long periods, often
find it difficult to readjust to life in thecommunity. Therefore, early release under
any circumstances must provide a means
whereby a prisoner may make a smoothtransition from prison life to living in thec o m m u n i t y. Wi t h s o m e d e g r e e o fsupervision this will reduce the incidenceof criminal behavior and recidivism, whileat the same time ensuring the safety of ourcommunities.
B. To Act as an Incentive for Good
Behavior
The granting of early release to inmates
based on good behavior serves as anincentive to the prisoners. It helps mostprisoners to make an effort to be of good
behavior and improve their discipline byobserving rules and regulations in
anticipation of an early release. On theother hand, prison officials are assured thatwith this kind of incentive, it is expectedthat there will be fewer incidences of jaildisturbances such as riots, noise barrage,
escapes, etc.
C. To Decrease Prison and Jail
Overcrowding
Some correctional administrators areconfronted with prison overcrowding,which poses more problems and has a great
influence in the decisions made in thecriminal justice system. Therefore, early
release measures on the practical side, areseen as a temporary solution to alleviate
this problem. However, this should not beseen as the major objective, as theprisoners’ re-integration into the society
should be of paramount consideration.

108TH INTERNATIONAL SEMINARREPORTS OF THE COURSE
D. To Cut the Costs of Maintenance
A major justification generally given insupport of the early release system is that
it is cheaper to maintain offenders in thecommunity than in prison. Countries withlimited resources tend to use this system
more in order to cut the costs ofmaintenance in prisons.
III. ACTUAL SITUATION
A. Situation in Participants’
Countries
1. Bangladesh
Bangladesh has the following early
release measures:a) Remissionb) Pardon or Clemencya) Remission
The aims and objectives of remission are
to rehabilitate the prisoner in society, toease the problems of overcrowding and to
reduce the cost of running expenses. It is
granted to prisoners of good conduct andthose who have showed the willingness towork and to learn a skill in prison. On theother hand, prisoners who donate blood
also benefit from the remission exercise.
The minimum period of imprisonment
required to be served before release is 3/
4th of the sentence or 75% of the total termof imprisonment.
b) Pardon
Pardon is granted on Independence Day
and on Eid festival day by the President of
Bangladesh to all convicted prisoners withthe exception of violent and dangerous
prisoners. They are denied this privilege
because they are considered to be a danger
to the society, and that there is a highpossibility that they will re-offend during
the period of early release. No statistics
were given about the re-offending rate of
the early releases, which made it difficult
for us to determine its effectiveness and therecidivism rate.

2. Botswana
In Botswana, the early releases
available are:a) Remissionb) Parolec) Extra mural laboura) Remission
It is granted to prisoners of good conduct
for the purpose of integrating andrehabilitating prisoners in the community.
On the other hand, it is used as an incentive
and reward for good conduct and behavior.
There are two types of remission in
Botswana:i) The officer-in-change of a prison isempowered to release all prisoners witha sentence of one month and above on
remission. One third of their sentence
is set aside and normally they will be
required to serve two-third or 66% of
the total sentence before they can bereleased. The officer-in-charge may also
recommend to the Commissioner theforfeiture of their remission in case ofa breach of the disciplinary rules.
Prisoners sentenced to life or under the
Presidents’ Pleasure or death, do notbenefit from the remission exercise.
About 99% of all the releases are dueto the remission exercise, while theremaining 1% is for those released onparole. Apart from good conduct, there
are no other requirements to be fulfilled
before the release. There is no after careof those released and no conditions are
imposed at the time of release.
ii) Under section 90 (4) of the Prisons Act,
the Parole Board may recommend to
the Minister of Labour and Home
Affairs to grant special remission toprisoners on any of the following
reasons:• Meritorious conduct and/or
achievement;• Special circumstances such as
mental or physical conditions;• To commute a life term prison or for

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RESOURCE MATERIAL SERIES No. 54
those serving under the President’s
pleasure.
This article, although enshrined in the
Prisons Act, has never benefited any
prisoner. The Parole Board and The Prisons
Department have, for unknown reasons,chosen to ignore it.
b) Parole
The Prisons Act of Botswana governs all
issues pertaining to parole. The parole
system provides encouragement toprisoners to make greater effort toward
rehabilitating themselves while in prison,
as well as in the community. Its purpose isto encourage inmates to display a positive
response to rehabilitation programs. On
the other hand, it helps inmates to adjust
to community life and lead a normal life
with both their families and the community
before the actual expiration of theirsentence.
According to the 1996 statistics, only 1%of the total releases were on parole. The
period actually served by parolees before
being released was about 80% of the total
term of imprisonment. However, it shouldbe mentioned here that prisoners releasedon parole benefit twice, that is, as a resultof the remission and the parole exercise.
Eligibility for Release on Parole:i) The prisoner should be serving four
years or above, neither the whole norpart of it was imposed for stock theftor being found in possession of
precious stones. They must have
served half of the term or three years
imprisonment, which ever is thelonger;ii) They must be serving more than five
years, the part or whole of which was
imposed for stock or possession of
precious stones. They must have
served half of that term or five years
imprisonment, which ever is thelonger; oriii) A term of imprisonment for life orconfined during the President’s

394

pleasure and has served seven years
imprisonment.
The Minister of Labour and Home
Affairs is responsible for nominating
members of the Parole Board. The Parole
Board consists of the following:i) A Judge who is the Chairperson,ii) A Medical Practitioner,iii) A Social Worker,iv) Two other persons who aremembers of the public.
Before deciding to release prisoners onparole, the following aspects are taken into
consideration by the Board:i) That there is no possibility of reoffending during the period underparole supervision, and they poseno risk to society;ii) views of the victim and society;iii) previous criminal and disciplinary
records;iv) Whether s/he has learnt a skill or
benefited from any of thetreatment programs offered by theprison;v) Whether s/he has accommodation,
employment and or a support
system after release.
Supervision of parolees is done by thesocial workers of the area where theprisoner will be residing after release. In
areas where there are no social workers,
the chief, headman, teachers or police
normally do the supervision. Parolees are
required to comply with conditions which
will be stipulated to them during theirparole period. In case of breach ofconditions, a parolee may be reprimandedor the release license may be revoked.
Action taken depends on the gravity of theviolation. Upon recall to prison, the period
stayed outside prison is not considered astime served.
c) Extra Mural Labour
Extra mural labour is the conditional
release of an inmate from prison tocomplete their sentence outside prison

108TH INTERNATIONAL SEMINARREPORTS OF THE COURSE
under the supervision of a public authority.
It benefits prisoners sentenced to six
months or less; or for non-payment of finenot exceeding P400. Under this order,
prisoners of good conduct are required to
do public work with no pay for the durationof their remaining part of the sentence.
Failure to comply with release conditions
may result in the revocation of the releaselicense and the prisoner will be arrested
and serve the remaining sentence in prison.
The advantage of this scheme is that theoffender lives at home and can therefore,
continue to fulfil family responsibilities.
About 9% of prisoners were released on
extra mural labour in 1996. Only 0.05%
were recalled back to serve the remaining
terms of their imprisonment for failure tocomply with the release conditions.
3. Fiji
In Fiji, the following early releasesystems exist:a) Remissionb) Pardonc) Extra mural labourd) Compulsory Supervision Ordera) Remission
Remission is granted by the officer-incharge of a prison to all convicted prisoners
with a total sentence of 30 days or more,with the exception of those sentenced to life
imprisonment. One third of the sentence
is set aside at the beginning of the sentence
but prisoners are required to serve a
minimum of 2/3rd of the total sentence. No
factors are considered in awarding it.
Statistical data was not provided.
b) Pardon
The President of the Republic Fiji has
the authority to grant pardon to prisoners
serving more than 10 years with a good
conduct and industry record.
c) Extra Mural Labour
Prisoners sentenced to imprisonment

not exceeding 12 months may on
commitment or thereafter, apply to theCommissioner of Prisons for their desire
to undertake public work outside theprison. Upon release, such prisoners are
employed and supervised by a publicauthority during the period of extra murallabour. Those with previous extra murallabour breaches may not be considered forrelease. Only 387 prisoners were released
in 1996. The re-offending rate during theearly release period was not provided.
d) Compulsory Supervision Order
The Minister of Justice has the authority
to release a prisoner on Compulsory
Supervision Order at any time, as she may
think fit. On the other hand, theCommissioner of Prisons too can release ap r i s o n e r, u n d e r t h e C o m p u l s o r ySupervision Order, who has been sentenced
to prison on not less than two previous
occasions, and is serving a sentence of 3
years or more. This is after the prisoner
has served 2/3rd of the sentence and until
released under Compulsory Supervision
Order for the period of 12 months.
Prisoners serving life imprisonment cantake advantage of early release/
Compulsory Supervision Orders after
serving more than 10 years in prison, withfavourable reports. 12 such prisoners werereleased in 1996.
Prisoners are allowed to apply for release
under Compulsory Supervision Order andthe officer-in-charge of a prison will
forward such an application to theCommissioner, together with otherrelevant reports. It is then sent to the
Minister of Justice and Minister of Home
Affairs for final decision.
Remission is the only release measure
granted without imposing any conditions.
Statistics on early releases, as comparedwith the total number of releases, was not
given, not was data on the re-offending rateof early releases as compared with releases
at expiry of sentence.

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4. Ghana
Ghana has the following early releasemeasures:a) Remissionb) Pardon/Amnestya) Remission
Section 34 of the Prisons Service
Decree(NRCD 46)1972 of Ghana
authorizes the officer-in-charge of thevarious prisons to release prisoners whomeet the requirements for release on
remission. It is granted on the basis of good
conduct and study and is used to solve theproblem of overcrowding. Prisoners serving
determinate terms of imprisonment are
required to serve a minimum of two thirdof their sentence.
b) Pardon/Amnesty
Amnesty is granted to all prisoners. Lifesentenced and condemned prisoners are
required to serve 15 and 25 years
respectively before release under amnesty.
In granting amnesty, the conduct of theprisoner is taken into consideration. No
statistics were provided for the number
released and the re-offending rate during
the period of early release.
5. Hong Kong
Hong Kong has the following early
release measures:a) Remissionb) Release Under supervisiona) Remission
The officer-in-charge awards it as anincentive for good behavior. The minimum
period required to be served before early
release is 2/3rd of the sentence.
In the event of a breach of disciplinary
offences, as enumerated in the Prison Rules
and punished with forfeiture, the prisoner
may lose part or the whole of the remission.
One third of the prisoners got remission.
No figures on prisoners released onremission, or those who re-offended during

396

early release, were provided.
The pre-release employment scheme isavailable to all prisoners ( who are notserving life terms or facing deportation)
who have served terms of ten years or more
and are within six months of completing
their sentences, after deduction ofremission.
b) Release Under Supervision
The factors which are considered before
granting Release Under Supervision are:• repentance on committing the crime• less possibility of re-offending andrisk to society• type or gravity of the offence• good conduct and achievement• whether the prisoner would be able
to fend for themself• whether s/he has anyone to supportthem.
All prisoners, other than life term
prisoners, may apply for Release underSupervision after serving 20 months or halfof a 3 year sentence or more. Following
approval by the Release Under Supervision
Board, successful applicants will bedischarged within the last six months of
their sentences and required to go out towork and reside in a designated hostel
under the supervision of the Aftercare
Officers for the balance of the sentence. In
practice, prisoners are released after
serving 20 months or half of the sentence.
The percentage of those released under thisscheme, as compared with total number of
releases, is 0.26%.
Prisoners released on early releasesystem are required to comply with theconditions imposed upon them. No
statistics were produced for the reoffending rate of those released on early
release, versus those released at the expiryof their sentence in prison.
6. Indonesia
The following early release measures are

108TH INTERNATIONAL SEMINARREPORTS OF THE COURSE
available in Indonesia:a) Remissionb) Parolec) Pardona) Remission
The following aspects are take into
consideration by authorities before
granting remission:i) good conduct and achievements;ii) whether the prisoner has a place ofabode after release;iii) whether the prisoner has a job or
supportive system.
Remission is granted to prisoners on thebasis of work in prison, good conduct,
educational achievement, learning a skill,
as well as helping prison management in
detection of riots or a breach of prison
discipline. Participation in religious
practices and the donation of blood are also
recognized. Statistics for the minimum
period required to serve before being
released on remission, for those who
benefitted under this scheme, were notavailable.
d) Parole
The following aspects are take into
consideration by authorities before
granting parole:i) good conduct and achievements;ii) whether the prisoner has a place ofabode after release;iii) whether the prisoner has a job or
supportive system
The President of Indonesia has thepower to release any prisoner who applies
for release on parole. However, he does soon the advice of the Minister of Justice andthe Cabinet Secretary, after reviewing theprisoner’s application and recommendationfrom the prison. For a prisoner to be eligible
for release on parole, s/he must have served
2/3rd of the sentence.
e) Pardon
Pardon is given to prisoners by the

President of Indonesia on humanitarian
grounds, good conduct and old age. All theearly release measures are conditional
releases, which may be revoked in theevent of a breach. The statistical data about
percentage of early release in the total
number of prisoners, average length ofsentence that prisoners actually served
before release and re-offending rate ofprisoners released earlier than the expiry
date, were not available.
7. Japan
In Japan, the following early releasemeasures are available:a) Paroleb) Amnestya) Parole
The aims and objectives of Parole are torelease at an optimal time, an inmate who
is capable of leading a law-abiding life in
the community, if adequate supervision andassistance is provided. In order to beeligible for release on parole the prisoner
must satisfy the following requirements:i) s/he should have served one-third of
the sentence for a determinate
sentence, or 10 years for a life
sentence.
ii) s / h e e v i d e n c e s t h e s t a t e o freformation.
The average percentage of original
sentence actually served by prisoners
before being paroled is from 80 to 90%.
Warden of the Prisons can apply forparole on behalf of the prisoners. The body
responsible for granting parole is theRegional Parole Board, which consists of 3
Board members who usually have theexperience of working as Chief of Probation
Office.
The adjustment and improvement of theliving environment to which a prisoner will
return after release is conducted by theprobation office that has jurisdiction overthe prospective place of residence. Usually
the Professional Probation Officer entrusts

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the duty of inquiry and adjustment to a
Volunteer Probation Officer (VPO) living
near the inmate’s family. The VPO must
visit the prospective home to determine thefeasibility of an inmate’s return there, andtries to eliminate any negative factors incooperation with the inmate’s family
members. Regarding the information
obtained by the VPO, the probation officeprovides a report of the home conditions to
the prison and the Regional Parole Board.
The following aspects are taken into
consideration by the authorities before
granting parole to a prisoner:i) repentance on committing crimeii) reduced possibility of re-offendingiii) good conduct and achievementsiv) whether the prisoner has residential
accommodation after releasev) whether the prisoner has a job or
support systemvi) reaction of the society on his/her
releasevii)willingness to progress
The prisoners who are released on parole
are subjected to some conditions which theprisoners are required to comply with.

in the year 1996. The re-incarceration rateof prisoners released before the expiry of
their sentence is 25.8% (within 3 years
after release). The re-incarceration rate ofprisoners who are released at the expiry of
their sentence is 46.1% (within 3 years
after release).
Positive aspects of early release are:i) The parole system has good effect on
prisoners’ reintegration into society
through the supervision after release.
ii) Re-incarceration rate of the parolees
is lower than that of those who arereleased on the expiry of sentences.
iii)Many prisoners try to keep good
conduct in the prison to be granted
parole.
iv) The environmental adjustment isconducted effectively before theirrelease.

b) Amnesty
There are two kinds of amnesty inJapan, namely, General and Individual.
General amnesty is promulgated in theform of a Cabinet Ordinance incommemoration of special occasions ofnational significance. Individual Amnesty
has far greater significance inrehabilitation, as it is granted inaccordance with individual’s merits on therecommendations of the National
Offenders Rehabilitation Commission. The
individual Amnesty, which is conferred by
the Cabinet, is attested by the Emperor.
The Amnesty granted to the prisoners is
without conditions.

a) Remission
Remission is granted on the basis ofwork and good conduct, and to solve theproblem of congestion in prison. The
minimum period of imprisonment required
to be served before release is two-thirds ofthe sentence. Statistics about the numberof prisoners released on remission was notavailable.

c) Statistical Data
The percentage of parolees as comparedwith total number of releases was 57.6%

398

8. Kenya
In Kenya, the following early releasemeasures are available:a) Remissionb) Parolec) Pardon/Clemencyb) Parole
To be eligible for release on parole, theprisoner must be sentenced to four years
and above. The average percentage oforiginal sentence actually served byprisoners before release on parole is about
90%. The prisoner themself or theCommissioner of Prisons can apply for oron behalf of a parole. The Review Board is
responsible for granting parole and it is108TH INTERNATIONAL SEMINARREPORTS OF THE COURSE
composed of the Commissioner of Prisonsand Director of Probation and After Care.
In granting early release, the following
aspects are taken into consideration:i) Victims feelings;ii) Repentance and acceptance of
blameworthiness for the crime;iii) Less possibility of re-offending;iv) Type and gravity of the offence;v) Good conduct;vi) W h e t h e r t h e p r i s o n e r h a s
accommodation after release;vii)Whether the prisoner has a job or
support system after release.

iii) good conduct and achievement;iv) reaction of the society on his/her
release.
Prisoners sentenced to 6 months andabove are eligible for release on parole. The
Parole Board has the power to release onparole and revoke parole licenses. It is
composed of 5 members: Secretary of
Cabinet who is the Chairman, a Religious
Member, Medical officer and Social worker.
The authority to apply for parole is thewarden. The percentage of parolees ascompared with total number of releases is90%.

c) Pardon or Clemency
Pardon is granted by the President of the
Republic of Kenya on the basis of ill health,age, and to petty offenders sentenced to 6
months or less. The early release awarded
under parole and pardon are withconditions while remission does not haveany conditions. Statistical data was notavailable. The positive aspect of early
release is to encourage harmony and therespect for security and management.

c) Pardon
The factors which are considered before
granting pardon are:i) victims feelings;ii) repentance on committing thecrime;
iii) less possibility of re-offending andrisk to the society;iv) type or gravity of the offence;v) good conduct and achievement;vi) reaction of the society on his/her
release.
It is awarded in commemoration of
special occasions of national importanceand significance. The President has thepower to release inmates, particularly thelong sentenced prisoners, on the advice ofCabinet. The percentage of those releasedon pardon as compared with total numberof releases is not available.
All early release measures are awarded
with conditions and the prisoner is
expected to comply with these conditions;failure to do so may result in the revocationof the release license. The statistical data
about average percentage of sentence thatis actually served before release, and there-offending rate of prisoners released
earlier than the expiry date, was notavailable.

9. Kiribati
In Kiribati, the following early releasesystem are available:a) Remissionb) Parolec) Pardona) Remission
As a means of encouraging good conduct,
all convicted prisoners sentenced to one
month and over are eligible for release after
serving 2/3rd of their term of
imprisonment. The percentage of prisoners
who get remission as compared with total
number of releases is 90%.
b) Parole
The factors which are considered before
granting parole are:i) victims feeling;ii) type or gravity of the offence;

10. Malaysia
In Malaysia, remission is the only early

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release measure available. Remission is
granted to all prisoners with the exceptionof life termers and those sentenced todeath. One third of the sentence ofprisoners is set aside on the basis of good
conduct. Officers-in-charge of the prison
are the competent authority who can award
remission. Police supervision in certain
circumstances may be imposed by the
courts for a specific period of time, in
accordance with the law. Remission is used
as an incentive to reward good conduct inprison, as well as to induce compliance tolaw and order.
The statistical data about the percentage
of prisoners who get remission, the average
percentage of sentence actually served
before release and the re-offending rate ofprisoners released on early release, was notavailable.
11. Nepal
In Nepal, the following early releasemeasures are available:a) Remissionb) Pardona) Remission
Remission is granted on the basis ofwork, good conduct, learning some kind ofskill, helping prison administration onvarious accounts and involvement as ateacher for other prisoners. The minimum
period of imprisonment required to beserved before release is 50% of thesentence. It is awarded by His Majesty theKing during the Constitution day, His
M a j e s t y t h e K i n g ’s b i r t h d a y a n d
Democracy day. The average percentage ofprisoners released on remission was 8.73%
during the period from 1995-97.
b) Pardon
Pardon is granted on the basis of
prisoners’ good conduct and behavior. The
authority to award pardon is His Majesty’s
the King. The following aspects are taken
into consideration by the authorities before

400

granting remission or parole to a prisoner:i) less possibility of re-offending;ii) types or gravity of the offence;iii) good conduct and/or achievement.
Pardon is awarded with conditions whileremission is awarded without them.
Statistical data concerning the figures for
re-offending rates by both prisoners
released before expiry of sentence and at
expiry of sentence were not available.
12. Pakistan
In Pakistan, the following early releasemeasures are available:a) Remissionb) Parolec) Pardon or Clemencya) Remission
It is granted on the basis of: work, good
conduct, qualifying some educational
examination, learning some kind of skill,helping prison administration on various
accounts, performing religious practices,
blood donation, surgical sterilization,teaching other prisoners to read and write,
teaching handicrafts, and special
assistance in detecting or preventing
breaches of prison discipline or regulations.
The total remission period on various
accounts, excluding on passing an
examination, blood donation and surgicalsterilization, shall not exceed 1/3rd of an
inmates’ sentence.
b) Parole
In order to be eligible for release onparole, the prisoner must have good
conduct and be recommended by the prison
authorities. The average percentage of theoriginal sentence actually served byprisoners before being paroled was notavailable, but is estimated to be not lessthan 50%.
Prisoners can apply for parole either
directly or through a lawyer. The body
responsible for granting parole is theProvincial Government, while the Home

108TH INTERNATIONAL SEMINARREPORTS OF THE COURSE
Secretary of the Ministry of Home Affairs
decides the cases on behalf of the Provincial
Government. The following aspects aretaken into consideration by the authorities
before granting parole to a prisoner:i) less possibility of re-offending;ii) types or gravity of the offence;iii) good conduct.
c) Pardon
Pardon is granted usually on special
occasions. The authority to award pardon
is with the Head of State, i. e. the Presidentof Pakistan.
The early release awarded withconditions is parole, while remission andpardon/clemency are unconditional
releases. The exact figure concerning
percentage of early releases, as comparedwith total number of releases, was notavailable. The exact re-offending rate ofprisoners released before the expiry of thesentence was not available. However,generally their re-offending rate is nothigh. The exact re-offending rate ofprisoners released at expiry of the sentence
was not available. It was approximatelyfrom 20 to 30%. The positive aspects ofearly release are to provide an incentive toprisoners for acquiring education, skill andimproving good conduct and behavior inprison, which are important factors in theirrehabilitation in the society.
13. Papua New Guinea
In Papua New Guinea, the following
early release measures are available:a) Remissionb) Parolec) Pardond) E x t r a m u r a l l a b o u r o remployment
In Papua New Guinea, early releasemeasures are seen as alleviating the
problem of prison overcrowding and as anincentive for prisoners to be of good
conduct.

a) Remission
Remission is granted to prisons as anincentive for good behavior in prison, andto solve the problem of prison
overcrowding. All prisoners areautomatically granted 1/3rd of theirsentence as remission, except for those who
were sentenced for escaping from lawful
custody. Two thirds of the sentence must
be served before one can be released. In theevent of a breach of prison discipline by aprisoner, if charged and convicted before avisiting magistrate, s/he losses 10 days
remission for any offence committed withina month.
b) Parole
In awarding parole, the following aspects
are taken into consideration:i) victims feelings;ii) r e p e n t a n c e b y p r i s o n e r f o r
committing the crime;iii) compensation to the victims;iv) less possibility of re-offending andrisk to the society;v) type and gravity of the offence;vi) good conduct and achievement;vii)whether the prisoner has a job or
support system;viii)reaction of society on his/her release.
All prisoners are eligible for release onparole after having served 2/3rd of theirprison term. The Officer-in-Charge of a
prison compiles and submits a dossier of
an inmate to the Commissioner who thentransmits it to the Parole Board withrecommendations. The Parole Board iscomposed of three members: a lawyer
nominated by the Chairman of Papua New
Guinea Law Society, two other members
nominated by the Commissioner ofCorrectional Services and Chief Parole
Officer or Secretary for Justice. The
nomination has to be endorsed by the
Minister of Justice. The lawyer is the
Chairman. The average time normallyserved by prisoners is 66.6% of total
sentence.

401

RESOURCE MATERIAL SERIES No. 54c) Pardon
In awarding pardon, the following
aspects are taken into consideration:i) victims feelings;ii) r e p e n t a n c e b y p r i s o n e r f o r
committing the crime;iii) compensation to the victims;iv) less possibility of re-offending andrisk to the society;v) type and gravity of the offence;vi) good conduct and achievement;vii)whether the prisoner has a job or
support system;viii)reaction of society on his/her release.
Pardon is granted on special occasion
and under special circumstances, forexample, Independence celebrations,special medical grounds, and in the eventof natural disasters such as flooding or
volcanic eruptions resulting in the prisonsbeing affected. The Governor General,
acting on the advice of the National
Executive Council, has the authority toaward pardon. Statistics on release by
pardon were not available.
14. Philippines
In Philippines, the following early
release measures are available:a) Paroleb) Pardon or Clemencya) Parole
Parole is available only to prisoners who
have been convicted of final judgement,
sentenced to an indeterminate prison
sentence of more than one year and have
served the minimum period of theirindeterminate sentence, and if the Board
finds that there is reasonable probability
that if released, the prisoner will be law
abiding and that such release will becompatible with the interests and welfare
of society.
The following can apply for parole on
behalf of a prisoner:i) prisoner himself/herself.
ii) warden or officer-in-charge of a402

prison.
The body responsible for granting paroleis Board of Pardons and Parole. It is
composed of the following:i) Chairman-Secretary of Justice.
ii) Acting Chairman-Under Secretary ofJustice.
iii) Secretary-Executive Director of
Board of Pardons and Parole.
iv) Members-Parole and Probation
Administrator, Sociologist, Educator,
Lawyer, Priest and Correction
Expert.
Statistics were not available on parole
rates.
b) Pardon
Pardon is granted under the following
circumstances:i) For commutation of sentence-theprisoner must have served at least
one-third of the minimum of theindeterminate sentence.
ii) For conditional pardon-the prisoner
must have served at least one-half of
the indeterminate sentence.
iii) For absolute pardon-10 years musthave elapsed from the date of releaseof the petitioner from confinement, or
five years from the date of the
maximum sentence.
The authority to award pardon is with
the President, through recommendation of
the Board of Pardons and Parole, and withthe assistance of the Director of
Corrections. The following aspects aretaken into consideration by the authorities
before granting Pardon:i) subject will be legitimately employedat release;ii) subject has a place where s/he canestablish residence;iii) availability of after-care services fora prisoner who is old, seriously ill, or
suffering from a physical disability.
All the early release measures areawarded with conditions. Statistics were
not available.

108TH INTERNATIONAL SEMINARREPORTS OF THE COURSE
Positive aspects of early release are:i) To uplift and redeem valuable humanmaterial to economic usefulness;ii) To prevent unnecessary and excessive
deprivation of personal liberty by wayof parole or the exercise of executive
clemency;iii) To solve the problems of person
congestion.
Early release reduces or cuts theexpenses of the government incurred inprisons.
15. Republic of Korea
In Korea, the following early releasemeasures are available:a) Remissionb) Parolec) Pardon or Clemencya) Remission
Remission in Korea is granted on thebasis of work, good conduct, and having
passed an educational examination or forlearning a skill. The minimum periodrequired to be served is one third of thesentence.
b) Parole
All prisoners are eligible for release onparole. Prisoners must serve one third of
the original sentence before they can beparoled. A warden may apply for a parole
on behalf of the prisoner, while the Parole
Board is responsible for granting parole.
Members of the Parole Board are the ViceMinisters of Justice and 9 others.
c) Pardon/Clemency
The Minister of Justice grants pardon
on the basis of good behavior. In granting
Parole, the following aspects are taken into
consideration:i) Repentance and acceptance of
blameworthiness for the crime;ii) Less possibility of re-offending;iii) Good conduct.
Statistics show that the re-offending rate

at expiry of sentence is 58%.
16. Solomon Islands
In Solomon Islands, the following early
release measures are available:a) Remissionb) Parolec) Pardon or Clemencya) Remission
Remission is granted almost
automatically to all prisoners who keep
good conduct and industry. The minimum
period of imprisonment required to beserved before release is 30 days. The
average percentage of original sentence
actually served by prisoners before being
released on remission is 1/3rd. The officer
in charge of prison is the competentauthority to award it. Statistics were notavailable.
b) Parole
In order to be eligible for release onparole, the prisoner must satisfy thefollowing requirements:i) A prisoner having good conduct andindustry and has been sentenced to 6
months or more. They must,
thereafter serve 6 months, in intervalsof not less than 6 months, after the
first consideration and denial ofparole.
ii) The life sentence prisoner must have
served 5 years, and in the case ofdenial, their case can be reviewed
after every 3 years.
The percentage of parolees, as comparedwith total number of releases, is about 1%
to 2%. The average percentage of original
sentence actually served by prisoners
before being paroled is about 80 or 90%.
The following can apply for parole on behalfof a prisoner:i) prisoner himself/herself;ii) warden or officer-in-charge of a prison;iii)others/relatives, doctor, any family
members).

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RESOURCE MATERIAL SERIES No. 54
The body responsible for granting parole
is Ministry of Police & National Security.
The Minister makes the decisions on theadvice of the Trial Judge or the Chief
Justice.
c) Pardon
Pardon is granted on merit, good conduct
and industry, provided the prisoner serves
5 years of their sentence. The authority toaward pardon is the Governor General, on
the recommendation of the Committee ofPrerogative of Mercy. The following aspects
are taken into consideration by theauthorities before granting pardon to a
prisoner:i) victims feelings;ii) repentance on committing crime;iii) compensation to the victims;iv) type or gravity of the offence;v) good conduct and/or achievement.
The early release awarded withconditions is Parole and Pardon on
Condition, while Remission and Free
Pardon are unconditional releases. The reoffending rate of prisoners released before
the expiry of the sentence is 1%, while there-offending rate of prisoners released at
the expiry of the sentence is 10%.
17. Thailand
In Thailand, the following early releasemeasures are available:a) Remissionb) Parolec) Pardond) Penal Settlementa) Remission
Remission is granted on the basis of:work, good conduct, qualifying someeducational examination, learning somekind of skill, helping prison administration
on various accounts, performing religious
practices, etc. His Majesty the King grants
remission on special occasions, e. g., Royalbirthday celebrations. The minimum
period of imprisonment required to be404

served before release is 6 months. In 1997,
16.5% of prisoners were released onremission.
b) Parole
In order to be eligible for release onparole, the prisoner must satisfy thefollowing requirements:i) Convicts must show good conduct andprogress in education.
ii) Serve 2/3rd of the sentence or 10
years in case of life imprisonment.
The following aspects are taken into
consideration by the authorities before
granting remission or parole to a prisoner:i) less possibility of re-offending;ii) good conduct and/or achievement;iii) whether the prisoner has residential
accommodation after release;iv) whether the prisoner has a job or
support system.
The average percentage of original
sentence actually served by prisoners
before being paroled was not specified.
The Warden or Officer-in-Charge of a
prison can apply for parole on behalf of a
prisoner. Director-General grants theparole under the suggestion of
Departmental Parole Board. This Board iscomposed of 7 officials: Deputy DirectorGeneral and other relevant officials,
Director of Probation Bureau, Director of
Parole Division and representatives from
Department of Public Health, Police, andProsecution. The percentage of parolees intotal releases is 0.9%.
c) Pardon
Pardon is granted on important events,
such as the King’s Birthday Anniversary,
Royal Marriage etc. The authority to award
pardon is with the King. In 1996, 22.5% of
releases were on pardon.
d) Penal Settlement
Prisoners are selected to practice
farming and agricultural schemes. They
are given land for living with their families

108TH INTERNATIONAL SEMINARREPORTS OF THE COURSE
and allowed to live there as long as theywant. However, they can not sell the land.
To qualify for a penal settlement, theprisoner must satisfy the following
conditions:i) Good behavior;ii) Diligence;iii) Showing good result in education andwork;iv) Serve 1/4th of the sentence;v) The remaining term not less than 2
years or 7 years in case of life
sentence. The early release awarded
with conditions are remission andparole, while pardon is an
unconditional release. Percentage ofearly releases as compared with total
number of releases is 40%.
The re-offending rate of prisoners
released before expiry of the sentence was
not available. The percentage of recidivist
in newly admitted prisoners is 14%.
Positive aspects of early release are:i) To save the budget costs of runningand maintaining prisons.
ii) To reduce overcrowding in prisons.
B. Summary
After having discussed, the actual
situation of the 17 countries represented
in the 109th International Training Course
at UNAFEI, it was discovered that there
were some similarities and differences inthese countries, which are summarized
below:a) Remission
Remission is practiced in all theParticipant’s Countries except Fiji,
Philippines and Japan. The period remitted
also varies from one country to the other,ranging from one-fourth as in the case of
Bangladesh, one-third as in Botswana,
Ghana, Kenya, Kiribati, Malaysia, Papua
New Guinea, Pakistan and Korea, to halfof the sentence as in Nepal. In all thesecountries, it is awarded as an incentive forgood conduct and behavior.

In the case of remission, prisoners are
assured their earliest date of release,
contrary to parole. There is no investigation
about the prisoner’s background, living
conditions, victims feelings or the need for
adjusting the environment prior to release,again, as opposed to parole. In somecountries, remission is used to solve theproblem of prison overcrowding, howeverin such situations, the factors regarding there-integration and rehabilitation ofprisoners and public safety are ignored.
There is no supervision in the case ofprisoners released under remission.
b) Parole
In countries such as Botswana, Fiji,
Indonesia, Japan, Kenya, Kiribati, Korea,
Pakistan, Papua New Guinea, Philippines,
Solomon Island and Thailand, parole ishighly structured. However in the case of
Hong Kong, the terminology used for paroleis ‘Release Under Supervision’ and in Fiji
it is known as a ‘Compulsory Supervision
Order’.
There are bodies responsible for deciding
the release or revocation of parole licenses,
as well as for supervising parolees. There
are a number of factors taken into
consideration before release on parole e.g.
conduct and achievement in prison, victims
feelings, whether the prisoner will haveaccommodation and a support system after
release and most importantly, the risk of
re-offending and the safety and security of
the community.
In terms of facilitating prisoner’s reintegration and rehabilitation in thecommunity, parole is considered a goodsystem because it takes into consideration
all important factors for the rehabilitationof the prisoner and also the safety of thesociety. A prisoner released under parole
remain under supervision till the expiry of
their sentence.
However, in most of the participant’s
countries, parole is not being properly usedbecause of the process involved before

405

RESOURCE MATERIAL SERIES No. 54
deciding release. Most countries can notafford it because it involves a lot of
investigation, and needs more manpowerboth inside the prison and in thecommunity.
c) Environmental Adjustment
Adjustment of the environment to which
the prisoner will enter after release is very
important if they are to be fully
reintegrated and rehabilitated in to society.
In order to make the right decision about
an early release, whether under theremission or parole system, the decision
making bodies have to know about where
the prisoner will go after release andwhether they will pose a danger to society.
Therefore, the environment to which they
will return is required to be adjusted before
their release. The use of community
resources e.g. Voluntary Probation Officers
as in the case of Japan, Philippines andThailand, seems to be important, as they
are from the community and can be helpful
in the rehabilitation process. The use ofcommunity members in the after care of
released prisoners is seen as the right
direction because they act as a cushion
between the prisons, the prisoners and thecommunity.
d) Pardon
Pardon is granted automatically toprisoners by the Heads of State incommemoration of national days andevents, and on humanitarian grounds suchas pardon for sick and aged prisoners.
However no consideration is taken into
account for the safety of the community,
prisoner conduct or achievement. It is a
privilege accorded to prisoners by politicalfigures or monarchs which has nothing to
do with the reintegration andrehabilitation of prisoners. Generally there
is no supervision after release. However,in case of the Solomon Islands andPhilippines, pardon is with conditions.

406e) Statistical Data
No concrete data was available foralmost all of the participants’ countries,
except Japan, regarding prisoners releaseon remission, parole and other early releasemeasures. The re-offending rate during theperiod of early release to the expiry ofsentence was also not available. The nonavailability of the statistics makes the taskof the authorities difficult when deciding
cases of early release. It is important that
prisoners are supervised as per theconditions of their release until the expiryof their sentence.
f) Decision Making Bodies
It was observed that all the early releasemeasures have a body or bodies responsible
for administration. In the case of remission,
it was found that either Officers-in-Chargeof prisoners or the Head of State orProvince is responsible for awarding it.
On the other hand, parole issues areeither handled by Parole Boards as in
Botswana, Japan, Papua New Guinea; aReview Board in Indonesia, a Board of
Pardon and Parole in the Philippines.
These boards are composed of three toseven members depending on the country,
and are drawn from the Probation Office,social workers, law and courts, police,
medical fields and members of the public.
It was also observed that some of theseboards members are political
appointments, while others are
independent of political influence and/or
the prisons or correctional bureaus.
IV. PROBLEMS IN THE EARLYRELEASE SYSTEM
A. Problems in Participants’
Countries
1. Bangladesh
In Bangladesh, the early releasemeasure that exists is Remission. The
remission period is 1/4th of the sentence,
however, this period is not considered108TH INTERNATIONAL SEMINARREPORTS OF THE COURSE
sufficient for the purpose of motivating
prisoners to improve their behavior andconduct which may be helpful in theirrehabilitation in to society. In 1980, a
commission was formed by the government
to look into the problems existing in theprison system and concerned officials
submitted their recommendations,
including the enhancement of theremission period from 1/4th to 1/3th ofsentence. This issue has not yet been given
priority for consideration and still pending
with the government.
2. Botswana
In Botswana, the following two problems
are noted in regard to parole:i) I n a d e q u a t e Tr a i n e d S t a f f f o r
Supervision: There is a problem insupervision and follow up of releases.
This deprives the Board of knowing
whether the releases re-offend or notduring the period, and whether they
practice what has been taught to them
before their release.
ii) Lengthy Procedure: The procedure
involved is lengthy and it usually takes
6 months to decide a case.
3. Fiji
There is no formal after care system inFiji. Prisoners are released based on two
early release measures: the Extra Mural
Punishment (EMP) and the Compulsory
Supervision Order. Under the Compulsory
Supervision Order, there is no supervisionand the releasee is required only to reportto the police station nearest to their placeof residence on the first week of every
month until their term expires. Because ofthis procedure of supervision, it has been
noted that those who are released do notcomply with the conditions imposed, andthe supervising police officer just reports
this and the releasees are re-arrested andsent back to prison. The purpose of
rehabilitation is not achieved.

4. Ghana
Just like Fiji, the supervision of thereleasees rest with the police, and thereleasees are required to report to thenearest police station at a specified time.
As there is no formal aftercare system on‘Release Under License’ the rehabilitation
and re-integration into society is not taken
into consideration.
Another problem is public perception.
Public perception is positive only for minor
offenders and in the case of child molesters,
sexual offenders and murderers, perception
is negative. The public wants these
dangerous offenders kept in jail andexecuted.
5. Hong Kong
In Hong Kong, there appears to be no
problems in the early release measures
because there is a good system ofmonitoring the after-release program of thereleasees. The success rate under the‘Release Under Supervision’ is 100% andsince its introduction in 1987, there were
only 25 inmates who have availed the said
privilege (to 1996).
6. Indonesia
Public perception regarding the early
release of prisoners, especially thedangerous ones, is negative because thepublic believe that prisoners should be kept
behind bars so that they may not pose a
danger/threat to the society.
Another problem is the limited numberof trained staff, which affects thesupervision of the releasees and becauseof this, the response to the need of theparolees.
7. Japani) Ineffective Supervision for Short-term
Parolees: In Japan, the problem in theparole system is that the term ofsupervision is considered too short (inthe case of a short original sentence)for the prisoner’s rehabilitation and re-407

RESOURCE MATERIAL SERIES No. 54
integration into society. The statistics
for the year 1996 show that 3.3% ofparolees were supervised for only lessthan one month, and 45% supervisedfor a period of less than 3 months.
When the period of parole supervision
is only a month, parolees receive
guidance only twice from the Volunteer
Probation Officer in charge. This would
not allow enough opportunity for the
Volunteer Probation Officers to extend
sufficient support to effectively
rehabilitate the releasee. No special
programmes or measures are available
to deal with such short-term parolees,
however some intensive supervision
methods yielding positive results need
to be devised.
ii) Problems concerning Administration of
Parole of Arsonists and Sex Offenders:
The perception of Japanese
Rehabilitation Aid Hostel officials isharsh towards arsonists and sex
offenders, which usually results in therejection of those types of offenders as
residents. This rejection is often thereason for denial of parole to thoseprisoners. Since arsonists and sex
offenders in general pose a threat to thesociety, it is inevitable that they are
p e r c e i v e d n e g a t i v e l y. H o w e v e r
individual examination of suchoffenders reveals that not all of themdemonstrate a high risk of recidivism.
For instance, if the motive of thecommission of arson is one’s own
grudge, then by improving therelationship between parties may
reduce the chance of recidivism.
Similarly, in the case of an individual
involved in a gang rape case only due
to one’s inclination to go along with therest of the peer group, with no sexual
problems of one’s own, the possibilityof recidivism of the said individual is
not always high; provided that theundesirable association with the peer408group is discontinued, leading theoffender to lead a more independent lifeof their own. Therefore, thephycological aspect of the commissionof the crime should also be taken into
consideration, and the rehabilitation
services may consider the case on an
individual merit basis.
8. Kenya
There are several areas for reform in
Kenya. Firstly, public perception regarding
the early release of prisoners is negative,
because not all who were released haveshown reformation and sometimes cause
trouble in the community.
Secondly, The procedure involved inreviewing the cases of long-term prisoners
is lengthy: reviewed every ten years. Thus
only a limited number of cases are acceptedin each year.
Thirdly, prisoners are not screened
properly for early release, because in mostcases, the release scheme is done to solve
the problem of prison overcrowding.
Finally, because of a limited number oftrained staff, only few releasees are given
supervision and aftercare.
9. Kiribati
In Kiribati, the total prison population
during the year 1997 was 82. The prisoners
who are released on parole are supervisedby the police. In fact, this is not a proper
system of supervision, because the parolees
are only required to report to the police
after specific periods of time. Therefore, theparole system is confronted with the
problem of introducing proper supervisingmeasures.
10. Malaysia
The only system that exists is remission
and it is not confronted with any problems.
11. Nepali) Lack of Equal Opportunity: In Nepal,
all prisoners are entitled to fifty percent

108TH INTERNATIONAL SEMINARREPORTS OF THE COURSE(50%) remission on the condition thatthey must have good conduct whileserving their sentence in prison.
Remission is granted on three National
Festivals namely; Constitution day, His
Majesty’s The King Birthday and
Democracy day. These three National
Festivals occur in the months ofNovember, December and February.
With this procedure, some prisoners
who are supposed to be released onremission after completion of their 50%
imprisonment term will not bereleased, for example, if a prisoner getsa sentence of 6 months in the month ofJanuary, he will serve the total
imprisonment and will not be able toavail remission. However, if a prisoner
who gets 6 months imprisonment in themonth of September gets remission,
they will be released in the month ofDecember, i.e., on the His Majesty theKing’s birthday. This procedure is notproviding equal opportunity to all
prisoners, who are eligible for leveling
remission.
ii) Lack of Proper Screening of Inmates:
All types of prisoners are being releasedon remission without taking into
consideration the types or gravity of
their offence. Since there is no proper
screening of the inmates, dangerous
offenders are also getting the benefitof early release and thus pose a threator danger to the society.
12. Pakistan
Public perception about dangerous
offenders and their early release of isnegative. The public do not want to see
prisoners, especially hardened criminals,
move freely in the society and pose a danger
or threat to them. Because of this, the laws
regarding early release on parole andprobation are not fully utilized. The
competent authorities hesitate to decide on
early release cases because of this negative

perception.
Another problem is the procedure ofearly release is lengthy because many
offices/department are involved in thedecision making process. Because of this,the inmates cannot fully take advantageof this system. As with the others, there isalso a problem in supervision of thereleasees because of the limited number oftrained staff in Pakistan.
13. Papua New Guinea
The procedure of processing early
release on parole is very slow because there
is only one Parole Board throughout thecountry. It takes almost a year before a caseis decided by the authorities. Similarly, thesupervision of the releasees is affected
because of the limited number of trained
staff.
14. Philippines
In the Philippines, the early release ofprisoners is confronted with the following
problems;i) Youth offenders are welcomed easily,
while adult offenders are lessaccepted by communities because
they are perceived to have full
discernment of their offences andwrongdoing.
ii) Weak linkages between and among
members of corrections because of thefragmented correctional system.
iii) Indequate database and statistics on
prisoner’s recidivism.
iv) Inadequate budget for the aftercare
program of released prisoners.
15. Republic of Korea
There appears to be no problems in theearly release system.
16. Solomon Islands
In Solomon Islands, public perception
regarding the early release of prisoners isnegative because the victim’s feelings are
given importance. There is also a problem

409

RESOURCE MATERIAL SERIES No. 54
in the supervision of releases because of
the limited number of trained staff. Someprisoners do not receive aftercare andsupervision, and therefore their chances of
re-offending increases.

all of the participants’ countries, except
Japan and Hong Kong. On the basis of theabove discussion, problems existing in thevarious early release systems inparticipant’s countries are as follows:

17. Thailand
The problems in the early release ofprisoners are as follows:i) There is negative perception about
the early release of prisoners because
they believe that the punishment
imposed on the offenders is lenient
and that a prisoners are released too
early.
ii) There is a problem in supervisionbecause of the limited number oftrained staff.

1. Improper Selection of Prisoners for
Early Release
It has been noted that in most of theparticipant’s countries there are problems
in the selection of candidates for their early
release. Important factors which are to beconsidered from the point of view of therehabilitation of the prisoners, are often
ignored. In some of the participating
countries such as Kiribati, Malaysia andPapua New Guinea, the award of remission
is automatic. In such situations, the chanceof release of high-risk prisoners increases
and the question of the safety of societyarises.

B. Summary
While discussing the problems existingin the various types of early releasesystems in the participants’ countries, it
has been observed that the most common
early release measure available isremission. Generally, remission is granted
to prisoners subject to their good conduct
and behavior in the prison, but in a few
countries, such as the Solomon Islands andPapua New Guinea, it is awarded
automatically without fully taking into
consideration the factors of conduct or
behavior, or gravity of the offence.
The other commonly used early releasemeasure is parole. However, it is observedthat while granting parole, the chance of
re-offending the prisoners is basicallytaken into consideration, but factors suchas their living conditions, employment
opportunities and family support etc. areless considered. In fact, in most of theparticipants’ countries, proper supervisionof or aftercare services for, the parolees was
not available. In the absence of suchservices, the chance of re-offending
increases. However, statistics regarding
the re-offending rate during the period ofsupervision were not available in almost

410

2. Absence of Adjustment and/or
Improvement of Living Environment
In all the participating countries except
Japan, Philippines and Thailand, thefactors of adjustment and/or improvementof the living environment to which theprisoners will return after their releasefrom prison are not considered before
granting remission or parole. In theabsence of such adjustment, the chance of
re-offending increases and therehabilitation of prisoners become difficult.
3. Improper Composition of Decision
Making Bodies
It was also noticed that in most of theparticipating countries, the composition of
the decision making body is not organizedin view of the prisoners rehabilitation. In
some cases, it is the minister in charge ofthe prison, a politician, who is thecompetent authority to decide the cases of
early release. In some other cases it is aboard composing of two, three or moremembers nominated by the Minister or theGovernment. In such situations, the108TH INTERNATIONAL SEMINARREPORTS OF THE COURSE
question arises about the independence
and competency of the decision making
body. If the decision making body is notindependent, nor professionally competent,
it may draw the wrong conclusions about
the merit of the case; which may effect therehabilitation processes as well as thesafety of the society. It was also reported
that in some of the participants’ countries,
there are complaints about the misuse of
power by the competent authorities, suchas asking for bribes for making a favorable
decision, etc.
4. Lengthy Procedure
It has been observed that in many
countries such as Botswana, Fiji, Nepal,
Pakistan, Papua New Guinea, Solomon
Islands and Thailand, that there arelengthy procedures involved in deciding thecase of early release. This situation not only
delays the rehabilitation process, but may
also contribute to the overcrowding
problem.
5. Lack of Supervision and Aftercare
It has been noted that almost all of theparticipating countries are confronted withthe problem of the inadequacy of trained
staff. Because of this, the prisoners
released under parole, or other early
release systems under supervision, can not
be properly supervised which ultimately
increases the risk of re-offending.
6. Public Perception
In some countries, public perception
about the early release of prisoners isnegative. The public wants to see theoffenders, especially those who commit
serious crimes, behind bars. In suchsituations, the competent authorities show
their reluctance in issuing orders for early
release.
V. COUNTERMEASURESA thorough examination of the actual

situation and problems existing in the early
release systems in the participants
countries revealed that the following
important factors are not taken into
consideration when awarding early releaseto prisoners.
A. Selection of Prisoners for Early
ReleaseIn many countries, it has been noted thatcriteria for selecting the candidates forearly release under remission and parole
is not appropriate. In some countries,
remission is automatic, but in othercountries the only criteria is good conduct
and behavior in the prison, without taking
into consideration the risk of recidivism.
While in case of parole, apart from good
conduct and behavior, the risk of reoffending is given importance, but otherimportant factors are ignored. It istherefore suggested that the competentauthorities, before granting remission andparole or similar early release measures,
should also consider the following factors
such as:i) The criminal record.
ii) Type and gravity of the offence.
iii) Achievement in prison.
iv) The safety of society.
v) Family support.
vi) Job opportunities.
vii) Environmental adjustment.
The observance and application of theabove mentioned factors places the decision
making body in a better position to balance
the positive effect of the early release, i.e.
reintegration and rehabilitation of theprisoners in to society against the risk ofrecidivism that may pose a danger to thesociety.
After selecting the prisoners for early
release, the question arises as to when to
be released. As regards the timing of
release, it has also been observed that theminimum period required to be served in
the prison before release on remission andparole differs from country to county,

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ranging from 3/4th of the sentence in thecase of Bangladesh; 2/3rd in the Botswana,
Ghana, Kenya, Kiribati, Korea, Malaysia,
Papua New Guinea and Pakistan; and 1/2
in Nepal. However, no specific period canbe fixed for any prisoners. Here theimportant factor is that the timing of early
release should be selected in such a waythat the prisoners should have completed
some portion of the sentence in prison as apunishment according to the gravity of theoffence; because it creates a deterrent effectfor the prisoner as well as for others insociety. The remaining portion may beserved in the society under supervision.
The other factor to be considered is theprospects of the prisoners’ re-integration
into society.
B. Adjustment and Improvement of
the Living Environment
It has also been observed that in all of
the participants countries, except Japan,
Philippines and Thailand, competentauthorities do not consider the adjustment
or improvement of the living environmentof the prisoners at the time of making adecision about early release.
In fact, the living environment plays avital role in the reintegration andrehabilitation of a prisoner after release.
The living environment does not only meana place of living, but also includes otherfactors such as the family, friends or
associates, financial situation etc. For
example, in the case of drug addicts, thecompany of friends or relatives in which
the addicts associate and the take drugs,
play a significant role. Such associations
encourage drug use and it becomes very
difficult for the addicts to leave their habits,
despite their willingness. If such anenvironment is changed and improved,
there is greater chance of reformation in
the release and this will ultimately help intheir reintegration and rehabilitation into
society. Therefore, it is very necessary that
before releasing a prisoner, the adjustment412

and/or improvement of the living
environment be taken into consideration.
C. Composition of the Decision
Making Body
It was observed that in many countries,
the composition of the decision making
body for granting early release is not
appropriate. In some cases, it is the
Minister of Justice or minister concernedwith the portfolio of prisons, but in othercases it is a Parole Board comprising of two,
three or more members nominated by the
Minister or the Government. In most of thecases, it is only one person who makes thedecision. In fact, the professional
competency of the members is ofparamount consideration, becauseawarding an early release to a prisoner
may have positive as well as negative
effects. It is, therefore, very important thatthe composition of the decision making
body be comprised of professionals fromrespective fields such as psychology, social
work, police or prison administration, toensure that the decision making bodymakes the right decision about early
release; keeping in view the safety ofsociety and also the rehabilitation aspectsof the prisoner. Such composition will also
ensure the independence of the body.
D. Reviewing Lengthy Procedure
It has been noted that in some countries
like Botswana, Nepal, Solomon Islands,
Papua New Guinea and Thailand, theprocedure for early release is lengthy. It issuggested that:i) The laws/rules governing early
release must be reviewed andevaluated with the intention of taking
advantage of the said privilege.
ii) There must be a specific timetable tocomplete the procedure and a speedy
review of the cases of those who are
to be released.

108TH INTERNATIONAL SEMINARREPORTS OF THE COURSE
E. Reinforcement and Training ofSupervising Staff
Supervision and aftercare is necessary
to ensure the rehabilitation of released
prisoner.
Therefore it is suggested that:i) There is a need to improve theprofessional skill of the probation/
parole staff engaged in the
supervision activities.
ii) The Volunteer Probation Scheme betaken into consideration by thosecountries where such schemes are notbeing used.
iii) Training of staff is necessary for thesupervision of the released prisoner.
F. Improving Public Perception
It has been noted that in most of theparticipants’ countries, the public
perception about the early release ofprisoners is negative for dangerous or
hardened criminals, but positive for minor
offenders. In fact, the early release system
which is being used with the objective of
the rehabilitation of the offenders in tosociety needs wider publicity.
In participant’s countries, the public do
not realize the importance/advantage of therehabilitation aspects of the early releasemeasures. They think that all criminals
must be kept behind the bars. Perhaps inthis way, they feel a sense of security fromthe realization that prisoners released
before the expiry of their imprisonment
may pose a danger or threat to them. It
has been observed that not every prisoner
is a threat to society. There are various
types of offenders, with different
backgrounds and offences, and thus theyshould not be considered equally. There isa need to emphasize the important aspectthat there are different types of offenders.
Only those prisoners who are dangerous
and pose a threat to society should not bereleased, in order to protect society.
However, non-custodial measures could beconsidered for low risk offenders.

The advantage of early release systems
such as remission or parole may be taken
into consideration with the sole objectiveof prisoner rehabilitation. There is also aneed for educating politicians on thissubject, so that they may extend their fullcooperation in making new laws for early
release systems, or for making
amendments of the existing laws asrequired.
Therefore, there is a need to create agreater public awareness about theadvantages of the early release system forthe purpose of the rehabilitation and reintegration of prisoners in society. The
public should also be made aware of thecost of keeping and maintaining offenders
in prison. It may also be emphasized thatimprisonment separates the prisoner fromtheir family and this may have a negative
effect on their personality and behavior.
VI. CONCLUSION
In most of the participants’ countries, theprison system is confronted with risk ofrecidivism. The conclusion drawn on thebasis of the above discussions, is that thepolicy of exercising proper early releasemeasures for suitable prisoners seems tobe the correct policy. However, it isemphasized that while exercising theoption of early release, the authorities must
differentiate amongst the various types ofoffenders, the gravity of offences and therisk of recidivism, keeping in view thesafety of society and the rehabilitation
prospects of the prisoners.

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