SAMOA – The assistant commissioner of Samoa’s Prisons and Corrections Service has defended a decision to keep a mother and her two month-old-baby in prison.

Speaking to the Samoa Observer, Ulugia Sauafea Aumua, admitted that although the situation is not ideal, he said it is best for the mother and her baby to be together so that the mother and baby bond is not broken.

Ulugia confirmed that Tafi‘au Kini, of Letogo is being held at Tafaigata Prison on a warrant of committal. It was issued on March 17 and was signed by a registrar of the court.

“For every person who is brought here in under a warrant of committal, we consider them as civil prisoners,” said Ulugia.

“So we carry out the civil process on them. InTafi‘au’s case we followed the same legal process and collected all the documents.

“We also had to interview her and ask her general questions about herself. It was during that interview where we found out that Tafi‘au has a baby and that she is still breastfeeding her baby,” he said.

Ulugia said the Prisons and Correction Service received a phone call from the police asking if they were aware that Tafi‘au has a baby.

“I was made aware of the issue and so we discussed it at the prison so her mother can look after her son.”

He said police officers immediately set off to pick up the baby.

“But not long after that, we received a call from the people at our front gate saying that the husband was at the front gate with the baby.”

Ulugia said having babies and their mothers in prison is nothing new.

He said the issue is “sad” and “unfortunate” but it’s unavoidable at times.

“Breaking up the relationship between a baby and a mother is not ideal,” he said.

“We actually have no choice, although the baby is always innocent in these situations. But we also have to consider his or her well being especially if they are young. We can’t just break their relationship with their mother.

“In some cases, when we have a pregnant woman here, we give them six to eight weeks for them to stay home and look after their baby.

“That is also an opportune time for them to decide whether they want to bring the baby in with them or for the family to look after the baby at home.

“And if they decide that the mother will have to look after the baby, then all we have to do is to facilitate.”

The choice is not really up to the Prison Service Ulugia said, “it is the family’s decision”.

“Our policy is that we keep mothers and babies safe here in a different cell from the others.”

Ulugia emphasised the law does not forbid having babies in prison.

“Babies shouldn’t be in prison full stop. But under Convention for the Right of the Child we need to protect the right of the child. And we can’t keep them apart from their mothers.

“So I think it is best for them to be with their mothers especially if they are young and still being breastfeed by their mothers.

“It’s not really up to us. The decision is up to the family and the mother.”

At the moment, Ulugia said there were two mothers with babies behind bars at Tafaigata Prison.

“Our policy is that they are kept in the same room, just the two of them in one cell.

“So for Tafi’au’s case, she is still here in prison. She is still going to be here until we get another note from the registrar for her to be released.”

- Samoa Observer