Art, Thoughts and Grouses 2016.04.04 Amnesty International Malaysia

Ewam was assembling personal computers for private customers in and around the area where he lived before he landed a job as a haemodialysis machine technician in a hospital in the city.  Even this job did not provide him with the financial security and stability he needed and not too long afterwards he was already on the lookout for another job.

At the time when Ewam Lin, one of Taiwan’s prison guards was in Malaysia to share his experience, he had already been in service for over 16 years. It was Ewam’s cousin who prompted him to try his luck at this job which he never imagined would turn out to be a long-term career. Ewam had to sit for a national exam to qualify and be considered for the post. The questions posed in the exam was a combination of questions that tested his aptitude as well as psychological stability – it was a gruelling exam, taxing on the psyche. Obviously, the job itself he finds out, was taxing, and definitely not a career choice for just anyone.

It is not normally encouraged for prison guards to interact socially with inmates convicted especially for gangsterism related crimes. It is probably unthinkable for some to casually strike a casual conversation with an infamous mob boss who has killed or ordered killings before – but this just sort of happened with Ewam. He was tasked to supervise this particular mob boss one day while he was out exercising in the courtyard. Ewam hasn’t stopped since. He found this mob boss in particular, inspiring! His stories, his experiences, his life story was enthralling – some parts were gory, but others were greatly motivating. One thing Ewam realised from having spoken to him was that we are all just humans after all. No matter how rich or famous or powerful we are, there will be others that are just a level higher than us and the striving to be better continues – some gains are respectable, and some others land you in prison.

On one occasion, Ewam had the chance to interact with an inmate called “Mr Black”. He was imprisoned for having committed jewellery and art thefts. “Mr Black” has since served his sentence and is now a free man. Ewam has collaborated with him on several occasions with regards to his artistic endeavours. Yes, Ewam is an accomplished artist himself. His art tells a story from the depths of prison. All the darkness and the occasional flicker of light is captured in his colourful brush strokes, or sometimes in the stark, bold charcoal sketches he produces.Ewam shared many stories with us, but not the identities of the individuals to respect their privacy and maintain anonymity.

Several years ago, two convicts with whom he had become friends were released after being jailed for 20 years. They were originally given a life sentence. Ewam shared how sad it seems, for one of the convicts – that even though he is now free, his thoughts, his mind is still imprisoned. He is still burdened and struggling with remorse and is simply unable to function normally in the world he has been released into. It is devastating to see. Prison changes a person. It takes away much of their soul – not to mention what it does to their families who were robbed of their physical presence. Every day that passes in prison is another day of opportunities lost. Seeing how the inmates are confined within the walls that imprison them, Ewam has never been more appreciative of his own freedom – the freedom to thrive and live a good life and to achieve even bigger goals for himself and his family.While speaking on the topic of freedom, Ewam was reminded of a famous photographer, Toshi Kazama. In some Asian countries he was not allowed to photograph inside prisons. But the images he took of Taiwanese prisons were striking. The execution chamber is a room of black sand. Inmates buy their own sheet to stand and die on. It was his photographs of prisoners in shackles that caused an uproar. It became one of the primary reasons the Taiwanese government ceased using shackles as a restraining mechanism in its prison system.

To kill or be killed is another important question Ewam made us think about when he shared with us the story of a pig farmer who killed two thieves who tried to steal his animals. We look at the evidence, but when does humanity kick in? Can one objectively question the reaction corresponding the action? Can we say that the thieves deserved to be killed for attempting to steal the pigs? Perhaps the thieves should have just been restrained until the authorities arrived to arrest them. Had they posed the pig farmer a danger so grave he was compelled to murder the two thieves albeit in self-defence?  Who will be the judge to this? Who decides if one life is worth more than the other? It is truly justifiable for us to condemn to death someone who killed another? How about the young man who killed the 3-year old? Obviously the child had no means of defending himself – sentencing his perpetrator to death seems almost too simplistic though, some might think.

Ewam Lin is an artist who tells a story in each of his creative artwork. He shares his hopes with his audience and tries to shed light on what goes on within the four walls. He distrusts the system, the bureaucracy alone is overwhelming and riddled with injustice.

This prison guard cum artist shared some information gathered by a particular NGO in Taiwan which is heavily involved in advocacy work for Judiciary Reform. This NGO struck a gold mine with a number of judges and public prosecutors. But as soon as they started questioning these individuals, they realise that they had hit a brick wall with no possibility of going around it, over or under. There is no transparency in the justice system in Taiwan. It is a one-way street with them asking the questions, and you compelled and obligated to comply, and never the other way around. Rank and seniority plays an important role and “fairness” becomes highly questionable. 

Ewam shares an example of one Indonesian worker who killed his supervisor. The prison system failed to acknowledge his requirements, and was in breach of multiple international laws in the handling of his case. Although they took his statement, he was not properly represented. None of his documents and paperwork pertaining to his case were translated into Indonesian, his native tongue. And finally, when they were, the work was poorly done and the inaccuracies were appalling. As if this was not enough, he was then grossly misrepresented in court. Judgement papers that were in Mandarin, in excess of 50 pages were supposedly translated into Indonesian – this came up to only four pages in total. Again, where is the justice?

A death penalty sentence is almost like a celebration, a festival hosted by the government. One can almost liken it to a sacrificial ceremony. Ewam strongly believes that many innocent lives have been lost over the years from the injustices that have been going on in the justice system for decades. There have been cases whereby the judge presiding a case finds himself conflicted about ruling the death penalty due to the lack of proper management and handling of the case. But he is often alone in his thought and considerations, and with no support from the others.

Lackadaisical attitude towards the right to life must not be tolerated – it cannot be an accepted way of life in the Taiwanese justice system. The death penalty is one way the government shirks its responsibilities towards the defendant. There is no real regard for a detailed background of the case i.e. what led to the incident. Shoddy work from the gathering of evidence to the handling of it, trial and prosecution – no one gets to question the system. This needs to change.

In Taiwan, the President has the power to pardon criminals or give them clemency. However, there is not much importance nor respect placed upon the process. This is perhaps because no one seems to follow through the requirements with the level of seriousness it requires. As Ewam puts it, instead of being hopeful, people have become hopeless of the process. The clemency process is seen by most as a cruel joke, whereas some others see it as a political strategy i.e. to win votes and support as and when it benefits the people in power. “Reduced sentences” is also commonplace and used to this end. These convicted felons, almost 50% of them end up back in the prison system within six months of being released, and often for the same offences that landed them in jail in the first place.

It was debated before if the justice system should move from the traditional punitive system to the restorative system which encourages rehabilitation and reorientation. Thus far, there has been no positive, nor encouraging outcome. Restorative justice seems like the perfect idea, the ideal move – this, however, is still a distant dream.

Notes:In 2015, by June, six executions were carried out. At present, there are a total of 42 death row inmates in the Taiwan prison system.

No comments: