Hisham Karnib calls for early releases because of prison Covid conditions
A Sydney lawyer is calling for criminals – potentially even including murderers – to be given early release from jail given the “harsh” conditions they’ve endured because of Covid.
NSW
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A Sydney lawyer has called for some criminals to be given early release from prison because of the “harsh” Covid restrictions they’ve faced inside.
Criminal lawyer Hisham Karnib, of Karnib Saddik Law, has started a petition to raise awareness about the conditions for inmates in custody during the pandemic.
He’s pushing for the early release of inmates as a possible way to compensate against what he has said they’ve endured.
He’s even suggested it could apply to those with life sentences without parole such as his client Ramzi Aouad, who murdered two people in Greenacre back in 2003.
He claims his many clients have not been able to have visitors for the best part of a year and have had limited contact with lawyers.
He said they’ve also been in extended lockdowns in cells, which has made their time in custody more difficult than it might have been otherwise.
“We’re looking to explore whether the circumstances (of Covid) do have an effect on inmates in custody and the time served in custody,” he said.
“For clients serving a significant time in custody, it wasn’t envisaged that these were going to be the conditions that they were going to suffer while incarcerated … The conditions in custody have been a lot harsher than was envisaged when first sentenced.”
He added: “If they can’t have contact with their family, it should be taken into account for the non-parole period and release date.”
Last year, the Victorian Government granted eligible prisoners cuts to their sentences for every day of significant Covid restrictions they faced.
Mr Karnib said he is lobbying members of parliament to bring attention to his cause.
“The aim is to bring this issue to light in parliament … There’s no concrete position in the higher courts. There certainly isn’t a concrete position in parliament.”
There’s no real legislation to rely upon at this stage,” Mr Karnib said.
One of his clients, who he said was a case study for the issue, is convicted double-murderer Ramzi Aouad.
He is currently serving two life sentences in jail for his role in the murders of Ziad Razzak and Mervat Nemra in Greenacre in 2003.
“He has no release date. He’s serving life behind bars. We’re hoping this could shed some light on the positions of other inmates. Whether there could be the possibility of early release if an inmate was to demonstrate they are no longer a threat to community,” Mr Karnib said.
Mr Aouad’s wife, Hannadee, said she wished reductions in prison terms were an option for her husband, who is serving two life sentences.
She has collected 9000 signatures of her own for the petition and hopes to lobby Parliament to reintroduce the Remissions Act 1989 which she said would give every inmate, including lifers, the opportunity to be released before their terms of imprisonment ends according to their behaviour.
She said Mr Aouad, who was in his early 20s when convicted, is a “completely different person” now and someone who other inmates look up to.
He taught himself to read and write, and his life is about the Koran and his Muslim faith, she said.
“Everyone deserves a second chance, regardless. You know, being young sometimes, hanging out with the wrong people, being in the wrong place at the wrong time,” she said.
“But you look at the person back then and you look at the person now and it changes your whole perspective on that individual altogether.”
She said during lockdown her husband, like many other inmates, has been confined to his cell, sometimes for three to four days at a time.
“How would you feel and where would your mental state be at? It’s driving them insane … They can’t do anything other than lay down in bed and stare at the four walls.
“Basically we’re fighting for their rights … They are still humans at the end of the day.”
She said Covid had shown the importance of the Remissions Act 1989.
“Bring back remissions. Give inmates incentives to do better. If that’s in place, then there’s hope for them to have a better chance in society. Everyone deserves a chance.”
Mr Karnib said the issue of conditions in custody is often swept under the carpet.
“It’s taboo, because the reality is, these are people who have committed crimes.
“But early release with conditions could promote their rehabilitation in the community.”
He said any decisions would need to be taken on a case-by-case basis and could apply to inmates with no non-parole period, facing life in prison in circumstances where they have served a significant amount of time in jail.
Corrective Services NSW spokesperson said there were no plans for the early release of inmates but that new legislation allowed the CSNSW Commissioner to release some low-risk and vulnerable inmates to parole.
“There are no immediate plans to release anyone using this emergency measure, but if it does become necessary it will be done on a case by case basis and community safety will always be our number one priority.”
“As of Thursday, 7 October 2021 no inmates have been conditionally released from NSW custody under this provision.
“Certain categories of inmates, including murderers, terrorists, sex offenders, and any other serious offenders, are not eligible to be considered under this legislation.
“Changes in legislation last year gave the CSNSW Commissioner the power to conditionally release some low-risk and vulnerable inmates to parole.
“This measure will only be used if deemed absolutely necessary for the safety and effectiveness of our prisons in response to COVID-19.”
The spokesperson said they had implemented a number of measures to reduce the burden of Covid restrictions.
This included purchasing 450 bluetooth-operated mobile phones for inmates to use and video tablets and AVL technology “to ensure they are able to maintain contact with lawyers and loved ones”.
There was also in-cell tablet technology to enable inmates to make more productive use of their time in their cells including access to programs and services, and greater access to phone calls with loved ones.
Originally published as Hisham Karnib calls for early releases because of prison Covid conditions
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