Resistance in Prison: Female detainee in isolation, suicidal after she refused to take COVID19 test 

Being jailed is already excruciating. Being in solitary confinement can bring further stress to one’s mental health.  In early Sept, news broke about detainees being punished by Correctional Services Department (CSD) officers for refusing to take the so-called “voluntarily” COVID-19 test by sending them to isolated cells under the veil of “quarantine and medical observations”. These victims were insulted and vilified, and all of their rights were infringed. CSD responded with apathy when being asked about such incidents.

Apple Daily has been following up on these incidents and was able to reach one of the victims, Yoyo (alias), via contacting her friend. Yoyo’s friends told us, although the CSD officers claimed the “medical observation” was not a kind of punishment, in substance Yoyo’s treatment was no different from being punished.  Even worse, Yoyo’s punishment - being locked up in isolation - was extended twice to 21 days in total. She was allegedly verbally assaulted every single day. Finally she broke down and began to hurt herself and eventually “voluntarily” submitted her saliva for the test. A legislator of the Social Welfare constituency heavily criticized the CSD for abusing the use of isolated cells, saying there is every reason to file for a judiciary review. A psychiatrist also believes that the victim’s mental status has reached a critical stage and immediate medical care is needed.

Yoyo has been detained for nearly a year for charges in relation to the anti-ELAB movement and is waiting for her sentence. Her best friend, Lei (alias), who has known Yoyo for over 10 years, visits her every week, accompanying her for around 15 minutes each time.  Lei accepted Apple Daily’s interview, and spoke on behalf of her friend. Lei described Yoyo as a tough girl. She said that Yoyo has already adapted to life in the Lo Wu Correctional Centre and even expressed she would rather stay than be released on bail, as the detainment period can offset her prison time. Yoyo feels that there may be more freedom in the Correctional Centre now than in jail.

However, on 9 Sept when Lei visited Yoyo, she found that Yoyo was sent to an isolated cell and things started to fall apart. Lei said that was the first day of her solitary confinement. Yoyo had tears in her eyes, when she stepped out of the cell. Yoyo, thumping the table, cried that she was locked by the officers due to her refusal of taking the voluntary COVID19 test. She was also repeatedly insulted verbally by CSD Officers and attending medical officers, threatening her saying: “If you don’t do it today, we will just lock you here for three days, and see if you have to be observed for another 14 days.”  “Everyone is doing it, why won’t you do it?” “We don’t know if you are sick. You can infect all of us.”  Yoyo was punished, “quarantined and observed’ for 21 days in solitary confinement. 

Lei revealed that her friend behind the walls, did not only face verbal assault but was also deprived of all basic rights as a detainee. CSD prohibited her from working, and turned a blind eye on her basic requests of drinking water and outdoor breaks.  She added that isolated cells do not have a clock or windows. The detainee is unable to tell time and has to live in an empty room, making a day seem like a year. Lei asked Yoyo the reason for her perseverance. Yoyo replied that she was simply unwilling to kneel down in the face of injustice and violation of human rights. She will continue even if she has to fight alone and said she “truly believes that even if someone has committed an offence, this person should still be treated like a human being.” Nevertheless, Yoyo admitted she crumbled under immense pressure and submitted her salvia “voluntarily” after 5 days in isolation.

Lei said: ”We did try to put pressure on CSD and seek help from different parties. But in the end, she (Yoyo) had to bear everything and we could not change a thing for her.” During her visit to the Correctional Centre, Lei clearly saw Yoyo’s arms were full of scratches, scars and wounds, of which Yoyo explained, were the aftermath of her emotional breakdown. She was alone and could not relieve her stress. Yoyo’s letter also revealed that solitary confinement caused Yoyo to think of committing suicide and different methods to do so. “She (Yoyo) did not mean to (commit suicide). It’s just in the cell, that space easily leads people to such thoughts. They would think about how to make it happen in case they really have a need to do so.”

Apply Daily made multiple enquiries with the CSD on Yoyo’s case, including whether an “isolated cell” is the best place for “quarantine and medical observation”, what guidelines were use to justify such punishment or decision. However, none of these enquires were answered directly.  As the officials insisted that Yoyo was only “observed” and not punished, the Press cross-checked with the “Prisons Ordinance”. In the Ordinance, Section 61 states that caution, solitary confinement, wage deduction etc., are punishment tools used by the CSD. 

Section 68B provides CSD with the authority to ban communication of any kind between certain detainees and other detainees for no longer than three days, and the director can extend the punishment period for another month. The punishment in these two sections are similar to what Yoyo experienced, and the ordinance states clearly this is a kind of punishment for the purpose of “maintaining order and discipline”.

Meanwhile, if prisoner is suspected to have an infectious disease requiring quarantine, Section 147 offers that written instructions from doctors must be required.  However, there was no mention of a medical professional issuing such instruction for Yoyo, according what Yoyo told Lei.  Shiu Ka-chun, a legislator in the Social Welfare constituency, responded that every prisoner or detainee is entitled to certain rights. 

A detainee who has lost these rights undoubtedly means the she is being punished. He emphasised that in this case, CSD’s usage of solitary confinement was “either misused or abused”. He expressed if the victim applies for a judicial review, there is a very high probability that the case can be won. 

Psychiatrist Dr. Au Yeung Kwok-Leung opined that the mental health of a prisoner is in a critical stage when the prisoner hurts himself or herself.  He stressed that humans are social animals. Prolonged duration of solitary confinement causes trauma and in the the worst case, it can lead to irreversible regression of cognitive ability and memory. It requires immediate medical treatment.

Source: Apple Daily, #Sep30

https://hk.appledaily.com/local/20200930/NRUMSODOSVFLBEV7CLLDMTSNVY/