GLOBAL PRISON TRENDS 2021

Special Focus Prisons in crises Global Prison Trends 2021 This document is co-published and produced with financial assistance from the Thailand Institute of Justice. It is the seventh edition of Penal Reform International’s Global Prison Trends series. Penal Reform International would like to thank the following for their contribution to the report: Adrià Cots Fernández (International Drug Policy Consortium), Antonia Mayaningtyas (UNODC Indonesia), Ayako Sasaki (UN Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders), Dr Catherine Appleton (University of Nottingham and PRI Board member), Cedric Foussard (Terre des Hommes), Professor Dirk Van Zyl Smit (University of Nottingham and Chair of PRI), Dr Katerina Hadjimatheou (University of Essex), Jennifer Roberts (OSCE Office for Democratic Institutions and Human Rights), Jerome Mangelinckx (Research Centre on Drugs and Human Rights, CIDDH), Johannes Heiler (OSCE Office for Democratic Institutions and Human Rights), Kirsten Hawlitschek (EuroPris), Louise Ehlers (Human Rights Initiative, Open Society Foundation), Luciana Pol (Centro de Estudios Legales y Sociales – CELS), Luisa Ravagnani (University of Brescia), Marie Auter (University of Nottingham), Marie Nougier (International Drug Policy Consortium), Nick Hammond (EuroPris), Rabby Pramudatama (UNODC Indonesia), Rachel Aicher (The International Legal Foundation), Sharon Shalev (Independent Expert at SolitaryConfinement.org), and PRI’s Advisory Council members Avril Calder, Judge David Rennie, Kathryn Waldegrave and Stephen Pitts. Its contents are the sole responsibility of Penal Reform International. This publication may be freely reviewed, abstracted, reproduced and translated, in part or in whole, but not for sale or for use in conjunction with commercial purposes. Any changes to the text of this publication must be approved by Penal Reform International. Due credit must be given to Penal Reform International, the Thailand Institute of Justice and to this publication. Enquiries should be addressed to [email protected]

Penal Reform International www.penalreform.org Thailand Institute of Justice www.tijthailand.org Published in May 2021. ISBN: 978-1-909521-78-0 Any facts or figures not referenced in this report are based on primary sources or research conducted by Penal Reform International, or through open sources including Prison Insider (prison-insider.com/en) and World Prison Brief (prisonstudies.org). © Penal Reform International 2021

Cover photo: San Vittore prison, Italy. Graphic design by Alex Valy. Contents

Content

Introduction 3 Key facts and figures 4 Key messages 6

1. Crime and imprisonment 8 1.1 Imprisonment and prison overcrowding 9 1.2 Laws that discriminate against marginalised groups 10

2. Trends in the use of imprisonment 12 2.1 Releases in response to COVID-19 12 2.2 Alternatives to imprisonment 15 2.3 Pre-trial detention 16 2.4 Death penalty 17 2.5 Life imprisonment 18

Special Focus 2021: Prisons in crises

3. Prison populations 20 3.1 Women 20 3.2 Children 23 3.3 Older persons 24 3.4 Ethnic minorities and indigenous peoples 25 3.5 Foreign nationals 25 3.6 LGBTQ+ people in prison 26

4. Prison management 28 4.1 Health in prison 28 4.2 Solitary confinement 32 4.3 Contact with the outside world 33 4.4 Security and violence 34 4.5 Rehabilitation and reintegration 35 4.6 Prison staff 36 4.7 Data collection and transparency 40 4.8 Violent extremism and prevention of radicalisation 41

5. Role and use of technologies 43

Endnotes 46

In boxes The impact of COVID-19 on crime rates 10 Period poverty in prison 22 COVID-19 vaccinations in prisons 31 Revision of the European Prison Rules 32 Detention monitoring in a global pandemic 34 Leaving prison without identification during the COVID-19 pandemic 36 Risk of discrimination and racial bias in algorithmic profiling 43

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 1 Introduction

As countries continue to navigate new waves of the pandemic, prisons remain hotbeds for virus transmission.

Personal protective equipment is delivered to a prison in Uganda by PRI, supported by the European Union.

2 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Introduction

Introduction

Over a year on from the declaration from the experience of the past year, In March of this year, the Kyoto of the COVID-19 pandemic, this as detailed in Global Prison Trends Declaration was adopted at the 14th seventh edition of Global Prison 2021, to ensure prison systems UN Congress on Crime Prevention Trends is published jointly by Penal protect the human rights of those and Criminal Justice in Japan by Reform International (PRI) and the they hold. all UN member states, setting out Thailand Institute of Justice (TIJ). the crime prevention and criminal Health crises and other emergencies This report documents key trends justice agenda for the next five are not unprecedented in prisons. over the past year, especially the years. Building rehabilitative criminal This year’s Special Focus examines impact of the pandemic on prison justice systems remains a core prisons in crises, and how authorities populations and staff, and how issue for many governments and respond to health crises, natural prisons worldwide have responded actors in this field as reflected in hazards and extreme weather, or to these challenges. the Declaration – and this is much in fragile and conflict-affected needed and an area in which civil The dangers posed by COVID-19 to settings. We look at how prisons and society and institutions play a people detained and staff working the people within them are affected, key role. in cramped, overcrowded conditions as well as the involvement of prison in prison were acknowledged in the populations in times of such crises The global pandemic has been a earliest stages of the pandemic. and consider what measures solemn reminder there is much High-level United Nations (UN) authorities can put in place for better more work to be done to protect and government figures made preparedness and response. the most vulnerable people in our statements highlighting the risk societies. With less than nine years For human rights to be most to life and health in prisons and, as remaining to achieve the Sustainable effectively protected – especially Global Prison Trends 2021 describes, Development Agenda 2030, Global in emergencies – we need fewer most countries implemented Prison Trends 2021 addresses people in prison. Therefore, some form of emergency releases the specific challenges faced by addressing prison overcrowding and to reduce the prison population. women, children, older people, promoting the use of alternatives As countries continue to navigate and other marginalised groups in to imprisonment are key priorities new waves of the pandemic, the justice system. With limited for both PRI and the TIJ. In this prisons remain hotbeds for virus or no disaggregated data publicly vein, 30 years after the adoption transmission. Also, new offences available in many prison systems, of the UN Standard Minimum Rules for breaching COVID-19 regulations our combined research, operations on Non-custodial Measures (the and the resumption of court and expertise allows us to continue Tokyo Rules), and 10 years since the processes have led to increases to identify and highlight key trends adoption of the UN Rules for the in prison numbers. affecting these populations to ensure Treatment of Women Prisoners and ‘No one will be left behind’ as we build The challenges faced by prisons over Non-custodial Measures for Women back better from this global crisis. the past year have been compounded Offenders (the Bangkok Rules), we by decades of inadequate funding must all work to increase the use and criminal justice reform. The of alternatives to imprisonment. Olivia Rope Phiset Sa-ardyen pandemic has exposed the impact Global Prison Trends 2021 documents Executive Director Executive Director of overcrowding and under- some good progress towards Penal Reform Thailand Institute resourcing of prisons in the gravest implementation of these standards, International of Justice of terms – through the loss of life. as well as the new challenges We mourn every death in prison, faced by probation services during both people detained and staff, the pandemic. and encourage all actors to learn

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 3 Key facts & figures

Key facts & figures

The global prison population continues to rise

WOMEN IN PRISON PEOPLE IN PRE-TRIAL + 3million + 740,000+ DETENTION 11 17% 30% million SINCE 2010 SINCE 2000

PEOPLE IN PRISON 53% 24% 17% 70% of prison populations are 8% OCEANIA AFRICA SOUTH AMERICA AWAITING TRIAL, PRESUMED INNOCENT SINCE 2010 LEADS 50% 29% 8% HIS TO in countries T ASIA EUROPE NORTH AMERICA XX14

Chronic overcrowding Staff shortages Prisons in many countries operate above their capacity Staff to prisoner ratios vary widely across countries

>100% >250% 1:28 CAPACITY CAPACITY to in in 1:1 118+ 11 from countries countries LEADS IS TO TH

Suffering in prisons during the pandemic People in prison Prison staff

IMPACT ON MENTAL HEALTH

3,931+ 532,100+ STAFF EXHAUSTION COVID-19 DEATHS COVID-19 CASES COVID-19 CASES reported in reported in reported in 47+ 122+ 48+ countries countries PROTESTS & VIOLENCE countries

4 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Key facts & figures

Key facts & figures

COVID-19 impacted on the number of people in prison

UCTIO Factors that helped reduce prison population RED N

EMERGENCY RELEASES SUSPENSION OF COURT PROCEEDINGS BUT <6%

global prison population released under these measures*

countries adopted BUT 75% 109+ release mechanisms ALTERNATIVES IN 1ST COVID-19 PEAK TO IMPRISONMENT of countries did not were used more explicitly include women† during the pandemic

E INCR ASE Factors that led to an increase in prison population

MANY NEW OFFENCES CLEARING THE BACKLOG for breaching COVID-19 OF COURT CASES related rules when court proceedings resumed

Imprisonment High numbers or fines admitted to prisons

* March - June 2020, Harm Reduction International; † March – July 2020, DLA Piper.

Prisons took measures in response to COVID-19 Medical isolation Visitation bans Vaccination plans

MOST COMMON MEASURE IMPACTING ACCESS TO: PRISONS PRIORITISED for cases/symptoms Family contact Food & medicines in XX13+ countries Used in 46++ Healthcare prison systems globally Rehabilitation PRISONS INCLUDED Legal representation Conditions often akin in countries to solitary confinement Detention monitors X11 X+

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 5 Key messages

Key messages

These key messages do not cover all of the trends identified in Global Prison Trends 2021, but they represent some of the most pertinent and pressing issues facing criminal justice systems that require urgent attention.

COVID-19 release There are 11 million people in prison globally – a rise of about 8 per 01 schemes have done cent over the last 10 years. Prisons are operating above capacity in 119 countries, and measures to reduce prison populations have little to halt the rise been inadequate. At least 109 countries adopted measures to release in prison populations people from prison in response to the pandemic, but many were abandoned or ineffective. Arrests for COVID-19-related offences and clearing court backlogs increased overcrowding in some places.

People continue to A reported 3,931 people in prison have died due to COVID-19 in 02 face increased risk 47 countries, and over 532,100 people in prison have tested positive in 122 countries, but the true numbers are much higher. People in of COVID-19 in prison prison are especially vulnerable due to cramped living conditions, lack of hygiene supplies and poorer health status.

The overuse of pre-trial Three million people are in pre-trial detention, a rise of 30 per cent 03 detention continues since 2000. While some people on remand benefitted from release schemes, COVID-19-related arrests led to an increase in the use despite the pandemic of pre-trial detention.

The pandemic has Many prison systems have failed to implement critical COVID-19 04 exacerbated failures preventive measures. Low levels of medical staff and resources for healthcare have been further stretched, which, coupled with in prison healthcare restrictive regimes, has affected healthcare provision in prisons – both for COVID-19 and other health conditions.

The prevention of Many rights have been violated under severe restrictions. Regimes 05 COVID-19 outbreaks in of solitary confinement, or at least measures where people were isolated, quarantined or confined in groups, have been in place many prisons came at for months. Levels of violence and unrest have risen, and people a cost to human rights have been cut off from the outside world, including access to essential supplies.

COVID-19 measures The pre-pandemic mental health crisis in many prisons globally 06 in prisons have had has reached grave new levels due to COVID-19 restrictions, and the suspension or downgrading of mental healthcare provisions. a devastating effect Data shows that self-harm and suicide rates have risen among some on mental health prison populations.

People in prison have Reports of protests and violent incidents in prisons are linked to the 07 widely protested handling of COVID-19, including restrictive measures imposed, fear of infection and the lack of action and provisions. Excessive use of against shortcomings force by authorities in responding to such protests has led to death in COVID-19 responses and injury of people detained.

New offences under Criminalisation of non-compliance with COVID-19 regulations has 08 COVID-19 regulations effectively criminalised poverty and affected the most marginalised. Enforcement of restrictions has been racially biased and have affected the most discriminatory. In some countries, such offences attracted pre-trial marginalised detention or prison sentences.

6 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Key messages

There are major issues Long-standing shortcomings in data collection and transparency 09 in data collection and in prisons have been highlighted during the pandemic. Rates of COVID-19 among staff and people detained remain unknown transparency in prisons in many countries, as do the implementation and the impact of release mechanisms.

More women are in New analysis shows that 740,000 women are in prison globally, 10 prison than ever before an increase of over 100,000 in a decade. Women have suffered increased hardship in prison during the pandemic. COVID-19 response strategies have left women behind, including in release schemes.

Children were left At least 410,000 children are in prison every year. Despite the 11 behind in COVID-19 risks and impacts of COVID-19 restrictions on children, including solitary confinement, children were not explicitly included in many responses release schemes; where they were, data is scarce as to whether they benefitted.

Prison staff have Prison staff have endured changes in their workloads and conditions, 12 suffered during even living or being locked down on site for weeks or months. They have faced an increased risk of contracting the virus, accounting the pandemic for up to 88 per cent of COVID-19 cases in some prison systems. Staff shortages and low prisoner-to-staff ratios have worsened during the pandemic.

There has been an There was an expansion and growth of alternatives to imprisonment 13 increase in alternatives in response to COVID-19, although the impact varied significantly. The implementation of non-custodial sentences has faced to imprisonment, but practical issues due to government restrictions and overburdened with some challenges probation agencies.

New technologies have Communication technologies have been installed or expanded 14 offered a lifeline to to facilitate contact with families and provision of telemedicine, rehabilitation and other vital services in many places. However, many people detained, the digital divide has meant people in prisons without online access but not to all have been left behind.

Racism in criminal The Black Lives Matter movement led to some immediate action 15 justice systems to address systemic racism, although the attention of protests and policymakers largely focused on police and law enforcement reform has been put in rather than sentencing or prisons. Ethnic minorities continue to the spotlight be over-represented in many prison populations.

Life imprisonment Almost half a million people are serving a formal life imprisonment 16 sentences are on the sentence, and an unknown number are under informal life sentences. A rise in life sentences is replacing death sentences, as punitive rise, causing human approaches to crime persist. rights violations Punitive prohibition- An estimated 2.5 million people in prison are convicted of 17 based drug policies drug-related offences, 22 per cent of them for drug possession for personal use. There have been some moves towards are driving up prison decriminalisation of certain drug-related offences. populations Universal abolition The movement towards the universal abolition of the death penalty 18 of the death penalty continues to grow, and 2020 saw a record low number of executions worldwide. However, at least 483 people were executed in remains on track, 18 countries. with some setbacks

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 7 Crime and imprisonment

118 countries and territories have prison occupancy levels higher than 100%, including 11 with levels higher than 250%.

Photo caption to go here, Syria.

Quezon City Jail, Philippines.

8 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Crime and imprisonment

Part one

Crime and imprisonment

1.1. Imprisonment and prison overcrowding

> Many countries have THE PRISON POPULATION IS INCREASING:1 OVERCROWDING IS WIDESPREAD:2 criminalised the breaching of COVID-19-related rules, and some have imposed 8% SINCE 2010 pre-trial detention or prison sentences in such cases. + 11 countries above There are significant variances million 118+ 100% capacity across regions and countries in the use of imprisonment. Imprisonment countries above remains the default response to 11 250% capacity criminal offending in some regions. Asia and the Americas currently Drivers for high imprisonment and rise,6 showing that harsh policies house 75 per cent of the 11 million overcrowding rates have been are not effective in meeting their people making up the global prison stable over the years. They include purported goal. population. The number of people the overuse of pre‑trial detention, Responses to COVID‑19 have in prison compared to the general including its automatic application contributed to prison overcrowding population remains the highest in for certain offences. In Mexico, due to a backlog in court hearings the US (639 per 100,000), El Salvador the Senate expanded the use of from a scaling back of judicial (572 per 100,000) and Turkmenistan mandatory pre‑trial detention in July activity and increased caseloads due (552 per 100,000).3 2020 for certain offences, including to the criminalisation of violations the illegal possession of weapons, Overcrowding levels remain high of restrictions and other emergency among others.4 and are growing to chronic levels measures. The latter resulted in a with occupancy levels as high Mandatory sentencing is also a variety of sanctions ranging from as 450 to 600 per cent in Haiti, driver, as well as longer sentences, fines to up to several months or even the Philippines and Congo. In the including an increase in the use of years in prison, as in France and context of the global pandemic, life imprisonment. Drug policies Taiwan. In Uzbekistan, the Criminal overcrowding has exacerbated the continue to result in rising prison Code was amended in March 2020 overall poor detention conditions in populations especially in Asia and to sanction the distribution of many countries, especially access the Americas. In at least six Latin ‘misinformation’ about the spread to healthcare, proper hygiene and American countries, mandatory of the virus in the country by up to appropriate nutrition, placing the prison sentences are given for three years’ imprisonment.7 lives of people in prison at particular non‑violent drug offences even as UN human rights experts expressed risk. Emergency measures to reduce prisons are already overwhelmed.5 serious concern over new laws prison populations have been taken Despite the high rates of adopted in Cambodia in March 2021 in many countries, but initial analysis imprisonment, the World Drug which grant the Government power shows that they have not sufficed Report 2020 of the UN Office on to ban or restrict any gathering or in addressing overcrowding (see Drugs and Crime (UNODC) concluded demonstration, and allow 20-year Releases in response to COVID‑19). that the illicit drug trade continues prison terms and fines of up to to expand and drug use is on the 20 million riels (USD 5,000) for those convicted of violations.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 9 Crime and imprisonment

In several countries, people are being Elsewhere, there were concerns that peoples. The use of fines can have sentenced to short prison terms for existing legislation on the voluntary a particular impact on economically the violation of quarantines, such as transmission of contagious diseases vulnerable persons: in Barbados in Bahrain, Ireland, Singapore and the could result in being charged with for instance, a man was sentenced Cayman Islands. In the Philippines, serious offences.9 In many places in December 2020 to six months as of June 2020, nearly 190,000 arrest and detention were reported in prison for breaching COVID‑19 persons had been apprehended to have been used as a first rather protocols, after he could not pay for violating quarantine orders, than last resort in cases involving the BDD 6,000 (USD $3,000) fine adding a heavy burden to congested noncompliance with public health upon his arrest.11 In Europe, a courts. In October there were still measures, often increasing the risk network of NGOs expressed their 1,700 persons detained in already of contagion with little physical concerns at the overall movement overcrowded pre‑trial facilities for distancing employed.10 towards the use of criminalisation noncompliance with quarantine in the COVID‑19 response, especially Extending criminal law as part of regulations. In Morocco, the regarding reports of unlawful arrests governments’ responses to the global emergency law resulted in the arrest and charges and their impact on pandemic has affected people in a of a significant number of people, people in a situation of economic situation of vulnerability, including mostly young adults, leading to an vulnerability.12 LGBTQ+ people and indigenous increase in the prison population.8

1.2. Laws that discriminate against marginalised groups

> At least 42 countries In 2020, new offences were NUMBER OF PEOPLE IN PRISON in Africa have laws on petty created for non‑compliance FOR DRUG-RELATED OFFENCES:14 with COVID‑19 related laws and offences such as loitering emergency measures in many and vagrancy which effectively countries, in some places resulting criminalise poverty.13 in detention (see Imprisonment and prison overcrowding). Criminalising Reports suggest new > non‑compliance with coronavirus offences for breaching regulations has in many instances 22% 2.5 FOR DRUG USE COVID‑19 regulations have criminalised poverty, affecting million disproportionately affected the most marginalised. In the the poorest members Philippines for example, quarantine of society. protocols and prolonged restrictions

The impact of COVID-19 criminal groups as in the rest of Latin America – the data on crime rates showed a short‑lived decrease of around 25‑30 per cent in intentional homicide victims a month after the lockdown began. New research, including from the US, Peru, India and Australia, However, by June 2020, the levels returned to pre‑pandemic have found a correlation between ‘stay at home’ orders from levels.16 In South Africa, the number of homicides reported by governments as part of COVID‑19 responses and short‑term police had significantly dropped during the initial phase of the 15 decreasing crime rates. While these preliminary results vary pandemic to 94 victims, compared to 326 in the same period across countries and between different crimes, analysis by the previous year.17 the UNODC supports these findings. Their study assessed The Council of Europe’s SPACE Initiative noted that, in its trends before and after lockdown measures were introduced member states, restrictions in many places could plausibly with regard to intentional homicide and property crimes and have limited criminal opportunities and led to a decline in found that reported robbery, theft and burglary declined by crime—and by extension imprisonment. This phenomenon, more than 50 per cent in most countries, with more significant coupled with emergency release measures implemented in a decreases where there were stricter restrictions. These number of countries to alleviate prison overcrowding, may have numbers were caveated with indications that the decline is contributed to the overall decrease in prison populations across not only due to a decrease in crime but also in their reporting. Europe in 2020.18 In regard to intentional homicide rates, the data collected from 21 countries showed that in some countries there was a However, it is suggested that the longer‑term impact of the short‑term decrease of 25 per cent, but in others no change pandemic could see crime rates rise for offences closely was recorded. In Colombia and Guatemala – where intentional connected to poverty and economic downturn.19 homicide is generally perpetrated by gangs or organised

10 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Crime and imprisonment

on movement disproportionately drug‑related offences, including Leone and Uganda to challenge petty affected poorer communities with education, rehabilitation, treatment offences. Most recently, a case was higher numbers of arrests as people and aftercare.26 filed in South Africa in March 2021 had to leave their homes for food, challenging the criminalisation of Positively, a number of countries water and work out of economic homelessness using the African have made progress towards necessity.20 In Malaysia, two men Court Advisory Opinion. decriminalisation of drug use were imprisoned for three months and possession for personal use. In January 2021, the European Court when they violated a stay‑at‑home Ghana became the first African of Human Rights found that a blanket order as they went fishing for food.21 country to decriminalise drug use ban on begging in Switzerland, The Malawi High Court in late April and possession of small amounts punishable by a fine or a five‑day upheld a stay on the lockdown, after for personal use. Oregon became custodial sentence in the event of a human rights coalition highlighted the first US state to decriminalise non‑payment, breached the right the impracticalities of a lockdown personal possession of all drugs to private and family life.30 In their where the majority of the population in November 2020; Vancouver in decision the Court took account live below the global poverty line, Canada has voted to do the same, of the fact that begging constituted and 90 per cent of households rely and Norway is considering a a means of survival for the woman on water from outside their homes.22 decriminalisation proposal.27 A bill in the case. The imprisonment of people was also tabled in Guyana in February The criminalisation of certain involved in illegal drug markets, 2021 which would remove prison actions, beliefs, behaviours or other and particularly people who use sentences for possession of up to socio‑economic factors continue to drugs, continues to be a major 15 grams of cannabis, although this have a particular impact on women. contributing factor to prison would be replaced by mandatory A 2020 study in Sierra Leone found overcrowding globally (see Crime counselling ‘for a period to be that 34 per cent of women had either and imprisonment). Punitive drug determined by the counsellor’.28 been convicted of or charged with laws have imposed disproportionate Efforts to address vague, arbitrary, crimes related to poverty and drug criminal sanctions over the past colonial‑era petty offences were use.31 Larceny was the most common decades and have led to an estimated stepped up over the past year. In non‑violent offence and, according 2.5 million people worldwide in prison Africa, at least 42 countries have to testimony from these women, sentenced for drug offences. Of laws against vagrancy, being idle or they had usually stolen small sums of these, 22 per cent (470,000 people) disorderly, or a “rogue and vagabond”, money, mostly from family members, are sentenced for drug possession which are actively enforced, to provide for their children. Laws for personal use. Among the further criminalising minor infractions and prohibiting witchcraft or sorcery also 1.6 million people estimated to be behaviour that is otherwise not tend to be applied predominantly to convicted of drug offences, 54 per criminal. In November 2020, the women. This is the case in Central cent (860,000) are convicted for African Commission on Human and African Republic, where most of the possession for personal use.23 People’s Rights adopted a simplified approximately 24 women in prison International bodies have version of the 2017 Principles on the have been accused of witchcraft, criticised the use of detention for Decriminalisation of Petty Offences which attracts a prison sentence drug‑related offences, in line with in Africa. This soft law instrument of five to ten years and a fine. the UN System Common Position provides a continental legal standard Women continue to be imprisoned on drug‑related matters, which on the type of petty offences that under laws restricting their calls for alternatives to conviction African states should review and reproductive rights, such as in and punishment for drug offences, provides a roadmap for civil society Malawi, where some women in including the decriminalisation advocacy, and for all African States prison have been charged with of drug use and possession for to repeal these laws. infanticide for having miscarriages personal use.24 In 2020, the UN Furthermore, in a landmark ruling, and stillbirths.32 In El Salvador, as Committee on Economic, Social the African Court on Human and of September 2020, 19 women who and Cultural Rights reiterated that Peoples’ Rights issued an Advisory said they had suffered obstetric the criminalisation of drug use Opinion in December 2020 that emergencies remained imprisoned could act as an impediment to the holds that vagrancy laws, which on charges of abortion, homicide, realisation of the right to health.25 criminalise poverty and status or or aggravated homicide. At least On International Human Rights Day identity, violate human rights and 16 of them had been convicted of in December 2020, the International discriminate against marginalised aggravated homicide.33 Narcotics Control Board also populations, and that states have highlighted that the UN drug control a positive obligation to repeal or conventions require governments to amend these laws.29 Litigation is give special attention to alternatives now underway in approximately 15 to conviction and imprisonment for new cases in Malawi, Nigeria, Sierra

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 11 Trends in the use of imprisonment

Part two

Trends in the use of imprisonment

2.1. Releases in response to COVID-19

> At least 109 states PROPORTION OF THE GLOBAL PRISON PRISON RELEASES IN RESPONSE adopted measures to release POPULATION WHO BENEFITTED FROM TO COVID-19: people from prison in COVID-19 RELEASE MEASURES:37 34 response to the pandemic. Country Proportion of Number prison population of people At least 475,000 people > released (%) released were released from prison across 53 jurisdictions from Turkey 40% 114,460 March to July 2020.35 Ethiopia 36% 40,000 > At least 27 European countries reduced their prison Cyprus 23% 172 population in the first months of the pandemic in 2020; some <6% Portugal 17% 2,155 36 are now increasing. Norway 15% 447 As much as 40 per cent of the In recognition of the risks to prison India 14% 68,000 populations from COVID‑19, many prison population was released in governments made commitments Turkey (114,460 people), 30 per cent when the pandemic was first in Jordan (around 6,000 people) announced in March 2020 to and over 15 per cent in Catalonia Despite obvious benefits of release reduce their prison populations to (Spain), Cyprus, Norway, Portugal, measures, many targets for ease overcrowding and disperse France and Slovenia.39 Over 40,000 decreasing prison populations were people held in custody. Measures people were released in Ethiopia40 missed, and far fewer people than mainly involved exceptional release and over 68,000 temporarily in needed to prevent transmission in mechanisms, including amnesties, India, about 14 per cent of the total prisons were released. A regional pardons, commutations, and early prison population.41 Some of the survey in Latin America found that and temporary release schemes, largest reported releases were between March and June 2020, five including compassionate release. in jurisdictions with no official, out of 26 prison systems released Many release schemes targeted supporting data, including 104,000 less than 1 per cent of their prison high‑risk groups including older people serving sentences in Iran, population, and nine released people, those with specific health and 62,000 people in Iraq, including between 1 and 5 per cent.44 In South conditions or disabilities, pregnant both sentenced and pre‑trial Africa by July 2020, less than 6,800 women and mothers with young detainees.42 In Indonesia, the prison of the estimated 19,000 people that children, in line with guidance from population decreased by 12 per cent would be eligible had been released the World Health Organization.38 between January and April 2020, on parole. Others were said to have Many also included people in pre‑trial notably because of COVID‑19‑related been hindered by bureaucratic detention and those serving short emergency releases. By the end of or practical issues, such as sentences or nearing the end of October 2020, 82,000 people had difficulties achieving sign‑off from their sentence. been released in the Philippines,43 relevant bodies during lockdown mostly from remand.

12 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Trends in the use of imprisonment

or insufficient supply of electronic decisions to release people on bail drugs’.58 Women were also directly or monitoring devices to facilitate due to the pandemic. This meant indirectly excluded in many countries house arrest.45 that in Sindh province, for example, (see Women). 90 per cent of the 500 people Barriers to the success of these Although decongestion measures released in March were returned schemes varied across countries initially decreased occupancy in to jail,52 and the prison population and regions. Where there is chronic many prisons, the sense of urgency increased by 21 per cent from overcrowding, the measures did to reduce prison populations April to December 2020.53 In the not reach far enough. In Malawi, it is seemed to fade away by mid‑2020. US, however, successful litigation estimated that the number of people Reductions in some countries, like efforts, including by the American imprisoned was reduced by just the UK, have also been attributed Civil Liberties Union, resulted over 12 per cent through emergency at least in part to reduced inflow in a number of court orders and releases, but with prisons operating to prisons while court processes settlements including in the state at 260 per cent capacity, this was not were disrupted. As court processes of North Carolina where 3,500 people enough to effectively reduce the risk resumed and prison systems got to will be released early as a result of a of outbreaks. The second wave of grips with new intake procedures, lawsuit challenging prison conditions COVID‑19 has resulted in more than people have been sent to prison at during the pandemic.54 300 people in prison contracting pre‑pandemic levels, or in some the virus, but the true numbers are The outcomes of reducing prison cases at higher levels. When prisons expected to be much higher.46 populations during the pandemic reopened in Nigeria in August 2020, for disease control and healthcare 9,900 people were newly admitted.59 Any benefit of release schemes was provision have been the subject By September 2020, the downward cancelled out in some countries of various studies, although trend in the prison population was where COVID‑19 offences led further analysis would be required reversed in 12 countries in Europe to detention pre‑trial or at the to understand the longer‑term which had higher rates than in sentencing stage. In Morocco, arrests impacts. One study in the US state of June; the rate had stabilised in for breaching COVID‑19 regulations, Texas found a correlation between 22 countries, and only two – Bulgaria mostly of young males, led to a new crowdedness and viral spread; and Montenegro – had fewer increase in the number of people prisons operating at 94 – 102 per people in prison in September than in prison, despite releases by high cent capacity had higher COVID‑19 June.60 In France between July pardon including children, women, infection rates and more deaths than 2020 and January 2021, the prison and the elderly.47 In Uganda, 833 those at 85 per cent.55 Another US population increased by 6.7 per people were released by Presidential study found efforts to depopulate a cent (approximately 4,000 people), pardon, but the continued detention large urban jail reduced transmission as did overcrowding in short‑term of suspects and the suspension by 56 per cent, with a subsequent and pre‑trial facilities from 110 to of most court hearings meant the 51 per cent decrease in transmission 120 per cent.61 prison population more or less when single‑cell occupancy was remained the same. There has Issues around access to justice, increased.56 also been no discernible change in legal representation and due process Cambodia’s prison population, with A key concern that emerged have affected detainees’ abilities the release of people keeping pace regarding mass releases was related to be released at the end of their with the numbers of new arrivals to support for those released (see sentence or under regular early in detention.48 Rehabilitation and reintegration). release schemes. In Hungary, for Many of the schemes also imposed example, new legislation adopted Changes in political sentiment multiple overly burdensome at the beginning of the pandemic saw U‑turns on emergency release conditions to be eligible for release, restricted in‑person attendance schemes in several countries, even where release was temporary at court hearings, including those including England after six people or limited to those nearing the end where decisions would be made on were mistakenly released.49 Media of their sentence. This excluded non‑custodial sentences, release reports of negative public opinion many people who faced high risk of from prison and probation measures. also led to changes like in Argentina infection and harm in prison, despite where protests against prison the fact they may pose little or no risk releases were held in the capital in to society, or who would be released April 202050 and within weeks court in a matter of months in any case. decisions to release high‑risk groups People in prison for drug‑related were reverted and no more releases offences were automatically were offered to at‑risk individuals.51 excluded from release schemes in 28 Courts in some countries ruled on countries,57 regardless of the nature the emergency release of detainees. or circumstances of the offence or In Pakistan, the Supreme Court in the risk of reoffending – Sri Lanka April 2020 overturned lower courts’ even excluded people ‘addicted to

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Embraced by family members following release from La Esperanza Prison, Honduras.

Despite obvious benefits of COVID-19 release measures, many targets for decreasing prison populations were missed, and far fewer people than needed to prevent transmission in prisons were released.

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2.2 Alternatives to imprisonment

> Global data on the use Bangladesh and the Philippines; have expressed concern at ‘probation 71 of non‑custodial measures in the latter the Supreme Court overcrowding’. In Kenya, the reduced the conditions for bail and caseload for the Probation and and sanctions remains recognisance to avoid imprisonment After‑care Service varied during scarce in this area although of people in poverty.67 Prison leaders 2020 with correlation to the there are efforts underway in some cases applied pressure, for lockdowns and court activity. At peak to address the issue.62 The example in Russia, the director of times, the service had high caseloads gap hinders critical analysis the prison administration asked the due to an increase in non‑custodial and the ability to expand Supreme Court to encourage the use sentences handed down by courts, of alternatives for minor offences.68 the referral of some of the 11,000 and improve non‑custodial people released as a response One concern in the current context measures and sanctions. to COVID‑19 and a backlog from continues to be the widening of courts going virtual. For instance, in > At the end of 2018, there offences that can attract a sanction, August 2020 when there was a strict were about 2 million people albeit a non‑custodial one – often lockdown and limited court activity, described as ‘net widening’. This in Europe and about 4.4 only 1,705 people were referred to is of concern as evidence shows million people in the US the probation agency, whereas in that an increase in non‑custodial on probation or parole.63 November there were 6,412 cases sanctions does not correlate to referred.72 In Singapore, a record fewer prison sentences.69 On the one Non‑custodial sanctions have been number of 3,246 people were placed hand, non‑custodial sanctions like commonly used as part of bringing on community corrections in 2020, simple warnings, fines or suspended prison numbers down during the a 42 percent increase from 2019.73 prison sentences are necessary pandemic, taking different forms. In the Philippines, in 2020 the to keep people out of prison and New legislation or regulations were probation service handled 55 percent facilitate their rehabilitation in adopted in many states to expand more probation supervision cases the community. In Thailand, for the legal basis of non‑custodial than the previous year.74 instance, as of May 2020, 2,276 sanctions or to give guidance on their persons sentenced to prison terms On the other hand, in England and use. For example, a new law in Turkey for breaches of COVID‑19 regulations Wales and in Northern Ireland, allows for early release when half a were reallocated to a non‑custodial probation agencies’ caseloads sentence is completed, albeit with sanction under Department of decreased somewhat in 2020 an extension of probation periods Probation.70 On the other hand, the compared to the previous year by from two to three years.64 In Peru, results in Thailand demonstrate that 12 and 9 per cent, respectively.75 the government enacted legislation new criminal offences relating to One explanation for this could be to promote the use of electronic COVID‑19 risk drawing a large number the scaling back of court activities monitoring.65 of people at low risk of reoffending and decisions and the resulting In some countries, governments into the criminal justice system. increasing backlog, the impact of encouraged judicial and law which needs to be further examined Where countries saw an increase in enforcement arms to avoid as it eases. In England and Wales, the the use of alternatives, there was imprisonment, as seen in Indonesia66 prison population did not decrease a sudden growth of caseload for and Thailand, in the case of at the same rate as probation agencies tasked with supervising COVID‑19‑related offences. Courts caseloads, showing just over a the implementation of non‑custodial took the lead in increasing the 5 per cent drop. measures. Many probation agencies use of non‑custodial options in In some states electronic monitoring was looked to as the solution to keeping prison populations lower IN EUROPE AND THE US, THE PROBATION RATE IS ABOUT DOUBLE during the past year. In Spain, the THE RATE OF PEOPLE IN PRISON:63 number of people under electronic monitoring jumped by more than Proportion of people Proportion of people Ratio of 130 per cent between March and on probation compared in prison compared probation rate to May 2020.76 Electronic monitoring Averages to overall pulation to overall population imprisonment rate was also more extensively used in across states (per 100,00) (per 100,00) (times higher) Italy and the Netherlands. In Senegal and Tunisia legislation was adopted Europe 211 126 > x1.7 authorising the implementation of electronic surveillance. US 1,730 830 > x2.1

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Agencies charged with supervising of a non‑custodial sanction have service placements have involved non‑custodial alternatives have become complex. At a minimum, contributing to COVID‑19 response adapted working methods and community sentences have been efforts. Other countries sought to approaches due to the COVID‑19 impacted by the suspension or avoid an extended sentence, like pandemic in the majority of postponement of programmes, in Finland, which required people jurisdictions. Many ended in‑person community service requirements on probation to submit written or supervision and home visits to or reporting requirements. At online assignments provided by people on probation and moved them least 31 probation agencies across substance abuse and mental health to phone or video calls. This was Europe had to suspend or adapt the services, etc. often combined with restrictions implementation of sanctions they COVID‑19 restrictions are affecting when entering prisons, limiting were supervising, many adapting the ability to provide rehabilitation the opportunities for pre‑release to remote contact with clients. In and post‑release support, including support. In Kyrgyzstan, during the Georgia, a hotline was set up and drug, alcohol and behaviour change lockdown in early 2020, visits by high‑risk clients were visited at home support groups, as well as the closure probation officers to both adult and by probation officers after a protocol of subsidiary social support such as child clients were suspended and was drawn up for the visit.78 shelters. These types of programmes instead conducted over the phone. By its nature, community service – and support mechanisms are often In Kenya, probation officers’ capacity a common non‑custodial sanction an essential part of a non‑custodial was limited by the lockdown. – involves social contact, in‑person sanction. An analysis in the US Probation officers in several supervision and often contact with showed that during the pandemic, countries, such as in Croatia and private‑sector entities. It therefore services for mental health and Austria, have reported increased remains hugely impacted by substance use (part of a community stress brought by the implementation COVID‑19. Many systems suspended sentence) are provided through of these emergency measures and or postponed community service remote ‘telehealth’ means, often as a the blurred lines between home and measures, replacing them with an new initiative and probation officials work life.77 alternative sanction (like a fine) or reported significant concern about Due to lockdowns and other extending the period of the sentence, clients’ relapse because of lack of movement restrictions, supervision as seen in Portugal and in Scotland. supervision and support, among and the fulfilment of conditions In Kyrgyzstan, some community other factors.79

2.3 Pre‑trial detention

NUMBER OF PEOPLE Pre‑trial detention places a heavy IN PRE-TRIAL 70% of prison burden on penitentiary systems, + populations are DETENTION: 3million and increasingly contributes to AWAITING TRIAL, overcrowding. Of the 47 countries PRESUMED INNOCENT where more than half of the prison population are untried, 32 30% in countries SINCE 2000 XX14 are operating above their official capacity. In the Philippines and Haiti, where 75 per cent of the prison population has not been sentenced, Rates of pre‑trial detention have has more than quadrupled over the prison capacities are overcrowded been rising steadily in recent last 20 years. In the same timeframe, by over 450 per cent. In Venezuela, decades. Analysis published in there has been a 56 per cent increase police stations have been April 2020 by the World Prison Brief in the number of people in pre‑trial transformed into de facto pre‑trial (Institute for Crime and Justice detention across Asia: the number detention centres, as prisons do not Policy Research) shows significant has doubled in Malaysia and the have enough capacity.81 In Ukraine, variance in pre‑trial detention rates Philippines, although it fell by 68 per the European Court of Human Rights across and within regions.80 Since cent in Kazakhstan. Countries with (ECHR) recently ruled in a pilot 2000, the number of people in the highest proportion of pre‑trial judgement that pre‑trial detention pre‑trial detention has decreased in detainees include Libya with 90 per conditions were overall inadequate, Europe by 28 per cent but increased cent of the prison population on which – with high overcrowding dramatically in the Americas (71 per remand, and in Bangladesh, Gabon, levels – demonstrated a structural cent rise) and Oceania (225 per cent Paraguay and Benin the proportion is problem that needed to be addressed rise). In New Zealand, for example, around 80 per cent. urgently, giving the country 18 the number of people held pre‑trial months to remedy it and suggesting

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increased use of non‑custodial The proportion of unsentenced Court activities being scaled back measures and renovations to allow people imprisoned in Indonesia or suspended in many countries due for raising minimum space allocated, went from 24 to under 20 per cent to coronavirus‑related restrictions, among other things. between March and December resulted in people awaiting trial 2020.84 spending more time in prison, as was During the pandemic, some countries the case in Sri Lanka85 and Mexico.86 have targeted pre‑trial populations However, COVID‑19 related arrests In Scotland, the pre‑trial prison in COVID‑19 release mechanisms, also contributed to pre‑trial population reached a record number with varying success. In Colombia, detention rates remaining stable or due to court delays.87 In Germany, the pre‑trial prison population increasing. This was seen in Uganda decisions by judicial and political dropped by 43 per cent between where, by June 2020, the number authorities were made to extend January and December 2020.82 In of people held in remand increased pre‑trial detention in case of delayed Peru it decreased by 17 percent to 55 per cent from 47 per cent in or postponed procedures.88 between January and November.83 December 2019.

2.4 Death penalty

> At least 483 people were state – to do so. Two‑thirds of US and systematically arbitrary.97 executed in 2020 (including states have now either abolished Journalists and protestors have capital punishment or have not been executed in several retentionist 16 women), 26% less than carried out any executions in the countries, including Yemen and Iran. 89 in 2019. last decade.91 In Malaysia, as of 1 December 2019, 70 per cent of people on death row > 144 countries have In 2020 there was a record low had been sentenced to death for abolished the death penalty number of executions worldwide. drug‑related crimes, a category that 90 At least 483 executions were carried in law or practice. does not meet the threshold of the out in 18 countries in 2020,92 while ‘most serious crimes’ for which the > In December 2020, a record in 2019 at least 649 executions death penalty can only be imposed 123 governments supported were recorded in 20 countries.93 per international law.98 the biennial UN resolution The statistics continue to exclude which calls for a universal China, where capital punishment In the US, the federal government is classified as a state secret, but in the Trump administration’s last moratorium on executions. thousands of people are believed six months resumed executions after to be executed every year. a 17‑year‑long moratorium. Between The movement towards the universal July and December 2020, 10 people abolition of the death penalty Some progress, albeit limited, has were executed, more than all continues to grow, with a vast also been observed in retentionist executions in the states combined. majority of states having abolished it countries. Sudan repealed its The Death Penalty Information Center in law and in practice. However, there laws that provide for the death reported that the vast majority of has still been regression in a few penalty and flogging for consensual them suffered from mental illnesses hard‑line countries. same‑sex relationships and for and disabilities at varying degrees. apostasy. Attitudes are changing in Chad, Kazakhstan and Armenia In January 2021, Lisa Montgomery Iran, where a recent study showed recently joined the two‑thirds of became the first woman executed that 44 per cent of people surveyed the countries in the world that have by the federal government in 70 stated that they were against the abolished capital punishment for years, despite evidence of mental death penalty for all crimes, and all crimes. Chad removed the last impairments from a lifetime of abuse. 85 per cent agreed that it should not remaining dispositions providing for be used on people who were children Elsewhere, there were talks of the death penalty in its anti‑terrorism at the time of the crime.94 In Saudi broadening the use of the death legislation, and Kazakhstan and Arabia, a royal decree was issued in penalty. Amid public protests, the Armenia ratified the Second Optional April 2020 ending capital punishment President of Bangladesh signed Protocol to the International for offences committed as a child.95 an ordinance making rape a Covenant on Civil and Political Pakistan’s Supreme Court ruled in capital offence. In the Philippines, Rights in early 2021, which is the only February 2021 that people who have there have been renewed calls binding international instrument serious mental health issues should for reinstating the death penalty prohibiting the use of the death not be executed.96 as a tool in the country’s violent penalty. In the US, Colorado ‘war on drugs’. abolished the death penalty in March Where the death penalty remains 2020, as did Virginia in March 2021, in place there is evidence that the 23rd state – and first southern shows its use is often inherent

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The impact of the coronavirus countries, observers reported that executions likely resulted in ‘super pandemic on the use of the death the significant drop in executions spreader’ events not least due to the penalty is difficult to measure. in 2020 could be partly explained by high number of people present.101 It may be contributing to the the lockdown restrictions between Conversely, there have been at least lower number of executions and February and April.99 In the US, two occurrences of death sentencing executing countries during 2020, several executions and capital trials in virtual judgements, in May 2020 with delayed court processes and were halted by the closure of courts in Nigeria and Singapore, during the other restrictions resulting in fewer and the spread of COVID‑19 among nationwide lockdowns in force at death sentences being handed people in prison on death row.100 the time. down and carried out. In Saudi An analysis by the Associated Press Arabia, one of the top executing showed that recent federal prison

2.5 Life imprisonment

> An estimated 479,000 offences for which a death sentence are reviewing cases or granting people in prison globally are would not have been considered. new sentences, and 24 states Legislative proposals in Colombia have now outlawed life sentences serving a formal life sentence seek to introduce life imprisonment without parole where the crime was as of 2014. in cases of sex offences against committed by a child.106 minors, and proposals in England > Around 65 countries Reforms to reduce the use of life and Wales also foresee whole impose sentences of life imprisonment have been seen in life sentences as the ‘default’ for several states over the past year. without parole. premeditated murder involving In Mozambique, an accumulation child victims. Life sentences are > 183 out of 216 countries of sentences was reduced from increasingly imposed for non‑violent and territories have formal 50 years to 30 in 2020. Furthermore, offences. In New Zealand, supplying a number of reforms are bolstering life imprisonment. or dealing a Class A drug (such as opportunities and improving methamphetamine) is punishable The number of people serving life procedures for release, such as by up to life imprisonment, and in sentences continues to rise as a in Ireland where the decision on several Asian countries, including result of a shift away from the death release of a life‑sentenced person Hong Kong and the Philippines, penalty, with many sentencing codes will shift from a political body to a trafficking and/or manufacturing replacing capital punishment with statutory parole board. In Lithuania, drugs can attract a life sentence.104 life imprisonment. Courts are also a 2019 law requires routine release commuting sentences as seen in All states of the US, with the consideration for those serving Kazakhstan, Benin and Burkina Faso exception of Alaska, can impose a life life sentences, paving the way for in recent years.102 sentence for non‑violent offences, release after 20 years are served – and in 22 states these sentences can a move approved by the European Formal life sentences are increasing be without the possibility of parole. Court of Human Rights. In Belize, also due to punitive responses Prisons in the US hold the largest where life without parole was to crime. In Poland and Serbia, proportion of people serving life declared unconstitutional in 2016, legislation has recently established sentences internationally. According amendments to the Criminal Code life sentences without parole. Poland to new analysis by the Sentencing have introduced the requirement also lengthened the minimum period Project from February 2021, one for a parole board to consider the before those serving a life sentence in seven people in US prisons are release of life‑sentenced persons. can be considered for release serving life, totalling 203,865 people. from 25 to 35 years, and extended Despite the vulnerability to Women serving life without parole supervision of those released to COVID‑19 for many people serving increased by 43 per cent between cover the rest of their lives. In life sentences (due to age or 2008 and 2020, compared to a Nicaragua, congress approved life health status), life sentences were 29 per cent increase among men.105 imprisonment in January 2021, one category of people explicitly The US also remains an outlier by moving the country’s maximum excluded from release schemes allowing life without parole for crimes sentence from 30 years to life in a number of countries, such as committed by children (under 18 in prison.103 England and Wales, Indonesia and years of age). However, that trend is South Africa. There were, however, This trend is also reflected in the fact reversing following a Supreme Court some instances where reductions that life imprisonment is consistently ruling on the matter in 2017. The in sentences favourably impacted being imposed for a wider range of federal government and 29 states people with a life sentence.

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In Cameroon, a presidential The average time served before decree commuted and readjusted death was just under 10 years sentences across the entire prison in prison, suggesting that life population; life sentences were sentences are served under harsh reduced to 25 years. In Georgia, conditions and have a serious impact the Amnesty Act of January on health.107 In January 2021, the 2021 changes life sentences to a European Court of Human Rights determinate sentence of 20 years. held that routine handcuffing of people in Russian prisons by Conditions for people serving virtue of their life sentence lacked life sentences remain harsh and sufficient justification and amounted have worsened during the global to degrading treatment.108 Applicants pandemic. Data from Ukraine shows in the case had been subjected to that between 2010 and 2018 a total routine handcuffing behind their of 256 life‑sentenced people died in backs every time they left their prison, constituting around a sixth cells for various periods of time of the life‑sentenced population. up to 19 years.

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Special Focus 2021 Prisons in crises Prisons in crises

Prisons in crises

Many prisons have been environmental disasters, More than a year after at breaking point for too health crises and conflict COVID-19 was declared long, with low budgets, threaten prison systems, a pandemic, this Special inadequate staffing, poor they falter and fail. Systemic Focus for Global Prison conditions and a growing weaknesses allow for a rapid Trends 2021 takes a look at number of people to provide deterioration of law and how authorities respond to for and supervise. This order and, without speedy different crisis situations, hidden fragility is laid bare intervention, chaos can how prisons and the people when external crises hit. ensue. When people in prison within them are affected, are forgotten, neglected and and considers what measures In times of economic exploited, the impact on authorities can put in place uncertainty and political individuals and on broader for better crisis preparedness instability, or when society can be disastrous. and response.

Introduction

Problems within prisons often This became clear in the early days involve human rights-based, reflect wider societal problems, of the COVID-19 pandemic with proportionate and pragmatic and this is particularly evident detainees being wholly reliant on responses, clear communication, when a country is hit by a crisis. prison authorities to protect them and the engagement of both staff People in prison become even more from the virus. and prison populations. Effective dependent on the government to responses require everyone to be In all crisis situations, the health ensure their safety, health and alert, active and involved. Measures and wellbeing of people in prison wellbeing, and to provide for their to mitigate the adverse impact and staff must remain the priority, basic needs. Crises rarely come in of any crisis are important and and human rights protection must isolation, with conflict and extreme must take account of any specific be at the forefront of response weather events creating prime or disproportionate impact on plans. Disaster planning and breeding grounds for disease, particular groups of people in emergency management requires environmental disasters leading prison, including women, children an integrated approach with to political instability and health and older persons. other agencies and should include crises exposing economic fragility. crisis prevention, preparedness, Unlike in the community, people response and recovery. It should in prison cannot evacuate their involve consultation with people homes when conflict arises or in prison as well as staff. natural disaster threatens. They As became apparent by the cannot decide to flee if they are at impact of COVID-19 on prisons, risk of attack, and they have limited the most successful response means to protect themselves strategies in crisis situations against infectious diseases.

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1. Health crises

It is well known that prisons are owing to timely coordinated action lack of preparedness, prevention high risk settings, prone to rapid by the prison authorities and NGOs and control mechanisms in place outbreaks of infectious diseases such as Advocaid. An observation for a health emergency of this scale such as Tuberculosis (TB), cholera, and isolation centre was set up (see Health in prisons, Global Prison Ebola, and now COVID-19. The for newly arrived detainees, staff Trends 2021). specific nature of the population received training in the prevention Because they are highly controlled and environmental challenges of Ebola transmission, and Personal environments, however, prisons posed by closed settings present Protective Equipment (PPE) and can achieve infection prevention many unique challenges in hand sanitiser were distributed and control through systematic managing such outbreaks. Past to people in prison and staff.4 screening on arrival at prison, experience has shown that national A number of cholera outbreaks regular health monitoring of all disease management strategies have affected prisons in recent people in prison and targeted do not adequately address these years. Cholera transmission is controls on movement in and specific challenges and often closely linked to inadequate access out of facilities. The prison neglect prison populations. to clean water and sanitation environment can also allow TB, and particularly drug-resistant facilities and is often associated for identification of vulnerable TB, remains a persistent problem with humanitarian crises. A 2010 individuals, early detection, rapid in many prisons largely due to late outbreak in Haiti infected at testing and contact tracing, as well diagnosis, inadequate treatment, least 30 detained persons and 13 as awareness raising and support overcrowding, poor ventilation reportedly died from cholera.5 initiatives, and vaccination and and regular prison transfers. An outbreak at a prison in Kisumu, treatment programmes which can People in prison also tend to come Kenya in July 2017 resulted in three reach entire prison populations. from population groups where deaths. It was reported that a The Irish Prison Service, for TB infection and transmission breakdown of the water treatment example, received praise for are higher. The World Health plant had contributed to the its response to the COVID-19 Organization (WHO) estimates that outbreak.6 An outbreak in Yemen in pandemic, with its contact tracing the TB notification rate in prisons 2016-2018, as a direct consequence system submitted to the WHO ranges from 11 to 81 times higher of the ongoing conflict, also as a model of best practice. The than in the general population.1 impacted prisons. PRI supported Irish public health response was efforts to address the outbreak In 2014-2016 the Ebola outbreak informed by previous experience by supplying medicine to meet the in West Africa was met with swift of dealing with infectious diseases treatment needs of 3,600 cases detection, early testing and rapid in prisons, and characterised across five facilities, establishing response in prisons.2 In Liberia, by early planning, prevention two health clinics in prisons and authorities initiated prison and training in the use of PPE. medical isolation rooms for the decongestion measures, and The effective response was also treatment of infectious disease, non-governmental organisations owing to a clear recognition of the and developing educational (NGOs) supported the improvement continuum between prison health materials for people detained of sanitation measures with prison and public health, and the benefits on how to prevent the spread of authorities, resulting in no reported of collaboration between prisons cholera through personal hygiene. cases or deaths in prisons.3 and public health agencies.7 Similarly in Sierra Leone, there The ongoing COVID-19 pandemic were no reported deaths among has exposed weaknesses in health people in prison from Ebola, largely systems around the world and the

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2. Fragile and conflict-affected settings

Violent conflict has grown Yemen for example found that ‘… likely to set up their own justice dramatically since 2010 with insecure prisons, or violations systems, including unofficial more violent conflicts now than of rights in prisons, can lead to detention facilities. Many prisons at any time in the past 30 years.8 both short and long-term societal in fragile and conflict-affected In 2020, 23 per cent of the world’s discontent and either spark or areas suffer from chronic population lived in the 57 ‘fragile’ reignite conflict.’14 Unsafe prisons overcrowding due to the mass and ‘extremely fragile’ contexts and weak governance also breed imprisonment of fighters and the identified by the OECD’s fragility criminalisation, radicalisation collapse of court systems. framework. This includes 76.5 leading to terrorism or violence, In Syria, for example, per cent of the world population or recruitment and mobilisation enforced disappearances and living in extreme poverty9 and for terrorism – a common incommunicado detention, torture at least 13 per cent of the global threat attracting attention from and ill-treatment, sexual violence prison population, totalling over governments around the world. and death in detention have 1.4 million people.10 During conflicts, entire facilities been documented in detention The situation in fragile settings and basic infrastructure are facilities operated by all parties has become more complex, with at risk from indiscriminate or to the conflict. Types of detention climate change and other new intentional bombing, impacting facilities range from makeshift risks. The long-term impact of the sewage systems, the supply of places in basements and schools, COVID-19 pandemic on fragile and water and electricity, and in some to purpose-built prisons operated conflict-affected settings is yet cases leading to deaths and mass by different warring parties as to be fully seen, with predictions escapes. Prisons are targeted for territorial control has shifted. that an additional 10 million people attacks in attempts to release or This has included war crimes in such settings were pushed kill members of different warring and crimes against humanity into extreme poverty in 2020, factions. Shelling attacks in committed in the context of undoing decades of advancements Yemen which hit a women’s prison detention.17 in poverty reduction and killed five women and one child Also in Yemen, the criminal justice development.11 in April 2020.15 In October 2020, system has been devastated armed forces are reported to have The security situation within by years of conflict, a lack of freed more than 1,300 detainees prison systems in fragile and trained personnel and a lack in an attack on a facility in the conflict-affected contexts is of funding. Prisons have been Democratic Republic of Congo16 usually weak, compounded destroyed in air strikes and others and in the Central African Republic, by underlying structural have fallen under the control of more than 300 people are believed deficiencies, inadequate staffing opposition groups. Security is to have escaped from prisons and poor detention conditions. weak across all prisons, and staff which were attacked or abandoned Overcrowding is a common have limited ability to control by security forces during election issue; of the 57 fragile contexts, or care for people in prison, related violence in late 2020 and 42 report prison population with some power and functions early 2021. totals exceeding their official delegated to detainees.18 Particular capacities, including 16 countries When a country or region is in concerns have been raised over exceeding them by 200 per cent conflict, criminal justice systems the treatment of detainees in and 6 by 300 per cent.12 Facilities – police, courts and prisons – detention facilities outside of in such settings generally lack may collapse along with other government control, including the infrastructure and expertise core government functions, and unlawful detention, systematic to counter the security threats without the rule of law, impunity enforced disappearances, torture they face, and authorities are reigns. Human rights violations and deaths in custody in detention unable to ensure the safe custody, become widespread and people in facilities.19 health and wellbeing of detainees. prison may have no mechanism to In Afghanistan, the UN found Escapes, protests and other seek justice or redress. In these that, in government run prisons security incidents are common. situations, women and children in 2019-2020, 30 per cent of are particularly at risk. The military There is increasing recognition people interviewed provided may take over control of prisons, that instability within prisons can credible accounts of abuse and or they may be run by different result in serious consequences for mistreatment. Researchers did warring factions. Groups fighting broader rule of law and security.13 not have access to detention the incumbent government are A study of prison systems in facilities run by the Taliban

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or other opposition groups.20 or disruption to supply chains. to imprisonment is also an Effective monitoring of human Services, goods and rehabilitation important consideration in rights violations in fragile and programmes are likely to be transitional states, potentially conflict affected settings, cancelled or disrupted. Regular proving a key factor in longer-term including in detention facilities, contact with family and friends stability efforts. These measures becomes increasingly dangerous, may not be possible. become increasingly possible if not impossible. where conflict is protracted In these circumstances, and and particularly where fighting The daily challenges faced in all particularly in the context of changes over time with different prison settings are magnified ongoing conflict, penal reform levels of intensity and shifting in fragile and conflict affected efforts may face significant geographical impact. In Yemen areas, and the problems impacting barriers, but organisational and the Central African Republic, broader society are reflected changes and improvements to for example, PRI has been engaged within prisons. Common issues welfare in just one detention in providing emergency assistance include shortages of food, medical facility can have a significant but are also involved in strategic supplies and equipment due to impact on security more longer-term initiatives to rebuild a failing economy, and damage generally. The use of alternatives effective systems.

3. Natural hazards and extreme weather

Natural hazards and extreme Many prisons do not have four prisons in the US state of weather patterns are increasing evacuation plans and other crisis Oregon, were evacuated due to in frequency and intensity in many response strategies in place, wildfire hazards, exacerbating countries around the world, with and those that do often fail to concerns over the potential spread an 80 per cent increase in climate adequately balance the safety of COVID-19 among the already related disasters over the last and human rights of people in overcrowded prison population, four decades. Despite this, by the prison with concerns over public and leading to criticism of end of 2020, only 93 countries security. Existing measures often authorities’ disaster preparedness had implemented disaster risk focus on immediate emergency in relation to safety, access strategies at the national level.21 response procedures, with little to medical care and sanitary Climate-related events have consideration of the detrimental facilities.22 In California, people a disproportionate impact on impact on individual detainees detained that were living in tents, low-income countries and the or, in the case of evacuations, the introduced as a measure to limit negative effects are felt more safeguards that need to be in place the spread of COVID-19, were severely by vulnerable populations. in the receiving facility. moved back into the main prison facility as fire approached and air People in prison are among those When a decision is taken not to pollution rose.23 hardest impacted by natural evacuate a facility, the prison hazards and extreme weather. population and staff can be In October 2020, flooding Unlike the general population, left in unsanitary, dangerous resulting from annual monsoon people in prison are not able to and sometimes fatal situations rains forced the evacuation of decide for themselves whether and are likely to face difficult more than 3,000 people from to evacuate to safer ground, living conditions with potential prisons in Phnom Penh and stockpile emergency items or loss of electricity, shortages Banteay Meanchey province in even communicate easily with of food, water and medical Cambodia, leading to concerns their support networks outside supplies. Access to emergency or over access to healthcare, food, of prison. They, therefore, face specialised medical care may be water, overcrowding and the not only the immediate threat cut, causing particular problems spread of COVID-19.24 Human rights of the hazard itself – such as for older, sick or pregnant people advocates expressed particular heatwaves, fire, floods, hurricanes, or those with physical disabilities concern over the health situation earthquakes and cyclones – but or mental health conditions. of women who were evacuated also the impact of these events by walking through the flood to Authorities in some countries on prison infrastructure, staffing another overcrowded prison and have recently been faced with and the provision of basic goods developed skin infections from responding to natural hazards and services. inadequate changes of clothing while dealing with the dual threat they could bring with them.25 of COVID-19. In September 2020,

5 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Prisons in crises

The threat or onset of natural hazards such as earthquakes These can include ensuring good hazard can also lead to prison and floods should be considered communication channels with unrest and other incidents linked in choosing a prison site and to detainees’ families, continuity to overcrowding, inadequate ensure the disaster risk resilience of medical care and contingency responses or strains on prison of prison infrastructure.27 plans around scheduled release resources. In Uganda, there were dates or court hearings. There are many lessons prison threats of protests in prisons Authorities can also safeguard authorities can learn from, and across the country over the past detainee files and personal authorities should take the year due to strains on prison belongings in advance. opportunity to consult widely resources and management. about their response plans. For Heatwaves and periods of extreme People detained in Sentema instance, people held in prisons cold are increasing natural prison near Kampala staged a and local communities can also hazards for prison populations, protest complaining of congestion be better prepared for, and with many prisons ill-equipped and flooding of the prison. In involved in, disaster preparedness. to deal with these harsh climactic Indonesia in 2017, dozens of Research in the Philippines in 2015 conditions. During snowstorms detainees escaped from a prison and 2016 found that the wide range in the US state of Texas in 2021, operating at over 3.5 times of skills, resources and knowledge a third of the State’s prisons lost its official capacity during a among prison populations allow power and 20 had water supply protest reportedly triggered by them to play an active role in problems, amid reports of food overcrowding; just months later, hazard prevention, mitigation, and blanket shortages.29 Texan dozens more escaped from the preparedness and disaster prisons were also unable to cope same prison after floodwaters management, complemented by with extreme heat due to the caused a wall to collapse.26 support from external networks, lack of air conditioning units, As prison evacuations due to and that this can be done without with a 2017 lawsuit ruling that natural hazard or extreme weather transferring responsibilities from temperatures must be below become more frequent, there is prison authorities.28 31 degrees Celsius for those who growing awareness of the need for are heat sensitive. This lawsuit Furthermore, in some countries, prisons to be included in national followed the deaths of 10 people in threats such as wildfires, annual emergency planning and for prison prison from heat related illnesses. floods and extreme weather authorities to take action to French authorities have also patterns can be anticipated. develop and improve their disaster been criticised for their inability Practical considerations around and emergency preparedness, to follow their own protocols evacuation or shelter-in-place response and staff training. The in heatwaves, including the plans must be accompanied United Nations Office for Project distribution of water, the provision by strategies to alleviate other Services (UNOPS) has made it of extra showers and increased potential harmful consequences. clear that the possibility of natural surveillance of vulnerable people.30

4. Involvement of prison populations in times of crisis

People in prison can play a valuable monitored to protect against came to light when movement role in crisis response efforts. abuse and exploitation, as well as restrictions, quarantine and early Their involvement is not only to safeguard the community. releases due to COVID-19 led pragmatic and cost-effective to short staffing in firefighting Many countries rely heavily on the but can also help individuals services.33 input of people in prison in times feel part of the collective of crisis. In several countries The COVID-19 pandemic saw responsibility to respond to including Brazil, prison volunteers unprecedented levels of disaster situations and assist help to fight wildfires,31 and in the involvement and engagement by in their eventual rehabilitation. US, detainees have been involved prison populations in local and However, involvement of people in clean-up efforts following national initiatives to respond detained also comes with risks severe storms.32 Authorities’ to the crisis. These experiences that must be well regulated and reliance on people in detention to were mixed, with reports that fight wildfires in the US recently some were exploited to make

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 6 Prisons in crises

Many countries rely heavily on the input of people in prison in responding to crises.

People in a Mexican prison make face masks for use in the community.

7 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Prisons in crises

masks and other PPE equipment,34 worked with authorities to and equitable remuneration. while others expressed a desire to establish a vocational training However, these provisions are contribute and volunteered their programme in prisons to produce often disregarded, putting time to help their community.35 sanitation machines for police people in prison in danger and stations throughout the country, at risk of exploitation and other Detainee-led initiatives to tackle forming part of the rehabilitation abusive practices. the pandemic appear to have been programmes for people detained. particularly successful. These In COVID-19-related initiatives In Namibia, the UN Office on included the production of face there have been concerns Drugs and Crime (UNODC) has masks, as well as peer-to-peer raised in several countries over supported a soap and hand education, COVID-19 information the working hours, conditions sanitiser production facility as awareness and psycho-social and lack of remuneration for a rehabilitation project which support groups. These approaches people in prison engaged in the promotes efforts to curb COVID-19 provided people in prison with manufacture of facemasks and in the country while also improving purposeful activities when other other PPE, including complaints vocational skills and giving people programmes were cancelled and that materials were not fairly better opportunities on release.37 gave them a sense of involvement distributed. In Bangladesh, and responsibility within their However, not all crisis response there were reports that masks community. In Kazakhstan, efforts involving people in prison made by people in prison were detainees were encouraged to are organised as part of formal distributed to prison officers for sew masks and make other PPE rehabilitation programmes. Some free but those detained had to to make up for the lack of other are hastily organised, ill-thought pay for them.38 In other places, activities, also providing them with through and fail to recognise the the use of people in prison in the valuable skills for the future. In contribution of people in prison. battle against COVID-19 raised South Africa, people in prison were Prison labour is authorised under significant concerns over forced involved in converting a prison into specific conditions set out by, labour. In Hong Kong for example, a COVID-19 quarantine centre.36 among others, the International women detained complained Labour Organization (ILO) and about their health, low pay and Involvement in COVID-19 the UN Nelson Mandela Rules, round-the-clock production when response efforts have also which include protections government agencies doubled formed part of rehabilitation around the health and safety of their monthly production rates programmes. In Jordan, PRI workers, maximum working hours of masks due to shortages.39

5. Crisis recovery: looking to the future

The experience of COVID-19 has COVID-19 has led authorities the way for systemic reform demonstrated the importance of to pay more attention to what (see Imprisonment and prison a coordinated approach between prison reform advocates have overcrowding, Global Prison Trends prison and national authorities been saying for many years – that 2021). One study by the American when dealing with crises of prison systems are better able to Civil Liberties Union (ACLU) found different kinds. The global reach cope with their daily functions no correlation between reductions of the pandemic has focused and are better prepared to deal in prison populations and crime attention on prison emergency with threats of all kinds when trends in 29 locations between preparedness more than ever they are less crowded, better March and May 2020, meaning before; weaknesses have been resourced and organised in closer that releasing people from prison exposed and important lessons coordination with other relevant into the community did not result continue to be learned. With national agencies. in increased crime rates.40 Such other health, environmental and figures reflect earlier studies While emergency measures conflict crises looming, now is which found that reductions in put in place to reduce prison an important time to take stock prison populations are often linked populations due to COVID-19 of and plan for how criminal to a decline in crime rates.41 are not sustainable in the long justice systems can respond to term, they have presented many The rapid decisions made by future emergencies. opportunities to document the authorities on which people could impact of decongestion measures be safely released from prison on public safety and could pave into the community are also useful

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 8 Special Focus 2021

to inform future discussions on the community, people may better emergencies. People in prison reducing the use of imprisonment, identify and sympathise with their and staff need to know that they and call into question the necessity situation. However, negative public will not be forgotten or ignored of imprisoning these groups in reaction to emergency release during a time of crisis and, when the first place. Releases tended to mechanisms during COVID-19 a crisis hits, they need to be focus on those convicted of less in some places also highlights kept informed of events in the serious offences, those serving the need for effective public outside world, including what is shorter sentences, vulnerable communication strategies (see happening to their families, friends individuals and those close to Releases in response to COVID-19, and communities. release. A recent study found Global Prison Trends 2021). The inevitability of future crises, that schemes where some people The onset of a crisis of any kind including conflict, natural disaster were permanently released can exposes weaknesses within and health emergencies, and be ‘a highly effective strategy, a country’s institutions and the resultant impact on prisons, provided they are implemented magnifies existing inequalities. requires enhanced contingency in a structured, transparent and The conditions in which a crisis measures to be developed in all ordered manner.’42 hits and the resources available countries. The onset of COVID-19 Crisis situations can also for disaster response are demonstrated that no facility is change public attitudes towards fundamental to a governments’ immune from crisis and that even imprisonment. The media focus ability to respond effectively, but well-functioning prison systems on the devastating impact of the political will to protect lives is can take steps to improve their COVID-19 in prisons has somewhat equally important. crisis preparedness and prioritise framed debate around the poor human rights protections within The impact of crises on prison state of prison healthcare, prison those plans. staff also needs to be recognised, overcrowding and the mental with their health and safety health impact on people in prison. equally at risk, and significant When people in prison are affected personal implications if they need by the same environmental, health to be evacuated and separated and crisis situations as those in from their families during

9 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Special Focus 2021 endnotes

1 World Health Organization, Good Practices 17 Human Rights Council, Report of the 30 ‘As France simmers, prisoners struggle to in the Prevention and Care of Tuberculosis and Independent International Commission cope with the heatwave’, France 24, 24 July Drug-resistant Tuberculosis in Correctional of Inquiry on the Syrian Arab Republic 2019, www.france24.com/en/20190724- Facilities, 2018. (A/HRC/46/55), 11 March 2021. france-prisoners-struggle-during-intense- 2 In the Face of Coronavirus, African Countries 18 Penal Reform International, Fragile and heatwave. Apply Lessons from Ebola Response, The conflict affected settings: Prisons and 31 ‘Prison volunteers help combat Brazil’s World Bank, 3 April 2020, www.worldbank. criminal justice systems, 2021. Pantanal wildfires’, Yahoo! News, 22 org/en/news/feature/2020/04/03/in-the- 19 Amnesty International, Yemen: ‘God Only September 2020, sg.news.yahoo. face-of-coronavirus-african-countries- Knows if he’s Alive’: Enforced Disappearance com/prison-volunteers-help-combat- apply-lessons-from-ebola-response. and Detention Violations in Southern Yemen, brazils-081502387.html. 3 ‘Keeping Ebola Out of Prisons’, East- MDE 31/8682/2018, 12 July 2018. 32 ‘Inmates cleaning up hurricane debris’, West Management Institute, August 2014, 20 ‘Torture Allegations Remain High, With Chicago Tribune, 7 August 2019, ewmi.org/News/PLSPAug2014. Detainees’ Procedural Rights Ignored - www.chicagotribune.com/weather/ 4 ‘Sierra Leone’s prisons: tough, but UN Torture Report’, UN Assistance Mission weather-news/sns-inmates-cleaning- Ebola-free’, May 25, 2015, United Nations in Afghanistan (UNAMA), 3 February 2021, up-hurricane-debris-20190808- Development Programme, www.undp.org/ unama.unmissions.org/torture-allegations- qqe4xolydjduflr6yras64flme-story.html. content/undp/en/home/presscenter/ remain-high-detainees-procedural-rights- 33 ‘California severely short on firefighting articles/2015/05/25/sierra-leone-s-prisons- ignored-un-torture-report. crews after COVID-19 lockdown at prison tough-but-ebola-free.html. 21 ‘UN: Climate-related disasters increase more camps’, USD News Center, 4 July 2020, 5 ‘Haiti cholera outbreak spreads to than 80% over last four decades’, Climate www.sandiego.edu/news/detail.php?_ Port-au-Prince prison’, BBC News, Centre, 13 October 2020, www.climatecentre. focus=77954. 19 November 2010, www.bbc.co.uk/news/ org/news/1336/un-climate-related- 34 ‘Vulnerable prisoners “exploited” to make world-latin-america-11800143. disasters-increase-more-than-80-over-last- coronavirus masks and hand gel’, The 6 ‘Kenya: Lack of Water Treatment four-decades. Guardian, 12 March 2020, www.theguardian. Blamed for Kisumu Cholera Outbreak, 22 ‘Oregon Prisoners Pepper-Sprayed After com/global-development/2020/mar/12/ All Africa, 27 July 2017, allafrica.com/ Botched Wildfire Evacuation Sparks vulnerable-prisoners-exploited-to-make- stories/201707270625.html. Riots’, Newsweek, 15 September 2020, coronavirus-masks-and-hand-gel. 7 See Irish Penal Reform Trust (IPRT), Progress www.newsweek.com/oregon-prisoners- 35 ‘Inmates volunteer to make masks for in the Penal System (PIPS). Assessing progress pepper-sprayed-wildfire-riots-1532001. first responders’, CNN, 30 April 2020, during a pandemic, 2020; Clarke, Mattea 23 ‘‘Severe inhumanity’: California prisons edition.cnn.com/2020/04/30/us/inmates- & Devlin, John & Conroy, Emmett & Kelly, overwhelmed by Covid outbreaks and volunteer-ppe-law-enforcement-trnd/ Enda & Sturup-Toft, Sunita, ‘Establishing approaching fires’, The Guardian, 21 August index.html. prison-led contact tracing to prevent 2020, www.theguardian.com/us-news/2020/ 36 ‘Construction of quarantine centre for outbreaks of COVID-19 in prisons in Ireland’, aug/21/california-fires-prisons-covid- Mpumalanga inmates underway’, Correctional Journal of Public Health, 2020. outbreaks. Services Republic of South Africa, [accessed 8 The World Bank, World Bank Group Strategy 24 ‘Solutions sought after floods cause 6 April 2021], www.dcs.gov.za/?page_ for Fragility, Conflict, and Violence 2020-2025. prisoner evacuations’, The Phnom Penh Post, id=5688. 9 OECD, States of Fragility 2020, 2020, 20 October 2020, www.phnompenhpost. 37 ‘With UNODC support, Namibia prisoner Executive Summary. com/national/solutions-sought-after-floods- rehabilitation project helps stop cause-prisoner-evacuations. COVID-19 spread’, UNODC, 20 April 2020, 10 Based on population data from the UN 25 ‘Voices from Inside: Women and Girls www.unodc.org/dohadeclaration/en/ DESA and prison population data from the news/2020/04/with-unodc-support-- World Prison Brief, excluding Eritrea, the in Cambodian Prisons’, Cambodian League for the Promotion and Defense namibia-prisoner-rehabilitation-project- Democratic People’s Republic of Korea, the helps-stop-covid-19-spread.html. State of Palestine and Somalia (no prison of Human Rights (LICADHO), 8 March population data available). 2021, www.licadho-cambodia.org/ 38 ‘Coronavirus: Chittagong prisoners make articles/20210308/170/index.html. face masks’, Dhaka Tribune, 8 April 2020, 11 ‘Fragility, Conflict & Violence’, The World 26 ‘Inmates escape from Indonesian prison after www.dhakatribune.com/bangladesh/ Bank, www.worldbank.org/en/topic/ nation/2020/04/08/covid-19-chittagong- fragilityconflictviolence/overview. wall collapses amid floods’, Independent. ie., 14 June 2017, www.independent. prisoners-make-face-masks. 12 Based on overcrowding data from the World ie/world-news/inmates-escape-from- 39 ‘Hong Kong denies “slavery” as prisoners Prison Brief, excluding Central African indonesian-prison-after-wall-collapses- work nights to make face masks’, Reuters, Republic, Democratic Republic of Congo, amid-floods-35825416.html. 10 March 2020, www.reuters.com/article/ Equatorial Guinea, Eritrea, Ethiopia, the 27 UNOPS, Technical Guidance for Prison us-health-coronavirus-hongkong- Democratic People’s Republic of Korea, Laos, idINKBN20X205?edition-redirect=ca. Palestine, Somalia, South Sudan and Yemen Planning: Technical and operational (no data is available). considerations based on the Nelson Mandela 40 ‘Decarceration and Crime During COVID-19’, Rules, 2016. American Civil Liberties Union, 27 July 13 Penal Reform International, Fragile and 28 JC Gaillard, Etienne Marie Casing-Baring, 2020, www.aclu.org/news/smart-justice/ conflict affected settings: Prisons and decarceration-and-crime-during-covid-19/. criminal justice systems, 2021. Dewy Sacayan, Marjorie Balay-As, Michelle Santos, ‘Reducing and Managing the Risk 41 The Sentencing Project, Fewer Prisoners, 14 Fiona Mangan, Erica Gaston, ‘Prisons in of Disaster in Philippine Jails and Prisons’, Less Crime: A Tale of Three States, 2014. Yemen’, United States Institute of Peace, Disaster Prevention and Management Policy March 2015. 42 DLA Piper, A global analysis of prisoner Brief Series #1, 2016. releases in response to COVID-19, March 2021. 15 ‘Prison shelling in Yemen kills five women 29 ‘Texas Prisoners Freeze Without Hot and a child: UN rights chief condemns Food Or Running Water’, Huffington Post, possible war crime’, UN News, 6 April 2020, 18 February 2021, www.huffingtonpost. news.un.org/en/story/2020/04/1061182. co.uk/entry/texas-winter-storm-prisons_ 16 ‘DR Congo: Militants free 1,300 inmates uk_602e5519c5b67c32961b905e. in Beni jailbreak’, DW, 20 October 2020, p.dw.com/p/3kA3s.

Penal Reform International Thailand Institute of Justice www.penalreform.org www.tijthailand.org @PenalReformInt @TIJthailand @Penalreforminternational @tijthailand.org Prison populations

Part three

Prison populations

Men make up the majority of prison Many have experienced violence, Young adults in prison, aged 18 populations; the latest data from trauma or abuse in their lifetime. to 25 years, have been shown to the UN shows that men constituted Communities affected by high experience a high rate of complex 91 per cent of the adult prison imprisonment rates have been found and traumatic backgrounds, further population across 66 countries and to correlate with other community compounded by mental health territories in 2018, and in 44 countries problems related to poverty, issues and a lack of maturity, as and territories, men accounted for employment, education, health and evidence suggests that the parts 85 per cent of adult convictions.109 discrimination.110 of the brain associated with impulse control continue to develop well Research shows that the majority An estimated 40 per cent of people in into adulthood.113 of people in prison tend to be from prison have a mental health condition, poor backgrounds often having and mental wellbeing among prison This chapter focuses on the had experienced unemployment populations overall is lower than experience of certain population and/or low levels of incomes before among the community.111 People held groups who continue to be imprisonment, low education in pre‑trial detention often have higher overrepresented and discriminated status and disproportionately high rates of mental health problems than against in criminal justice systems. illiteracy rates. the sentenced population.112

3.1 Women

> December 2020 marked NUMBER OF WOMEN IN PRISON:114 offences like possession of small ten years since the United amounts of illegal substances, and ‘status offences’ that only criminalise Nations Rules for the 741,000+ women such as abortion, witchery or Treatment of Women sorcery (see Laws that discriminate Prisoners and Non‑custodial against marginalised groups). Measures for Women 17% The increase in women’s Offenders (Bangkok Rules) SINCE 2010 imprisonment is also an indication were adopted. of some countries taking harsh approaches to women who commit countries to improve the situation The tenth anniversary of the UN offences in a context of violence, for women in criminal justice Bangkok Rules was marked by coercion, poverty or discrimination. systems, implementation on a statements from international In Sierra Leone, for example, significant scale remains piecemeal. institutions, leaders and over 80 civil loitering laws are particularly likely This is most notably demonstrated society organisations expressing to criminalise women who do not in the upward trend in the number alarm at the increase in the global comply with traditional gender norms of women in prison worldwide over female prison population since such as being out late, and those the past decade. the adoption of the Rules, and the who engage in sex work, which is general lack of change in treatment This rise is due in no small part to otherwise legal.116 New research of women in prison globally.115 The the criminalisation and increasing in Australia shows the number of overall assessment is that while use of imprisonment in response women in prison has risen faster than much progress has been made in to behaviour by women in many men over the past decade and that raising awareness of the Bangkok contexts. This includes laws that women entering prison often come Rules and some specific measures criminalise poverty such as petty from disadvantaged backgrounds, have been adopted in a number of offences, low level drug‑related with a history of substance use

20 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Prison populations

Weaving workshop in Herat Women’s Prison, Afghanistan.

In many instances, women did not benefit from exceptional release measures to the same degree as men, despite many women in prison being of low risk.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 21 Prison populations

CHANGES TO THE NUMBER OF WOMEN prisons. Most data officially or men in prison in 2018. Mental health IN PRISON OVER THE PAST DECADE: unofficially available on COVID‑19 issues were cited as a primary in places of detention fails to factor in 45 per cent of cases, while provide any accurate information ‘procedural’ issues such as a recent Number Changes on women or disaggregated data by cell move, change in regime or of women since sex.119 Women have faced increased security level were also highlighted in prison 2020 2010 hardship during the pandemic, where in 24 per cent of cases.123 changes to prison regimes failed In many instances, women did not to account for their specific needs. Oceania 5,000 +53% benefit from exceptional release In Malawi, for example, designating measures to the same degree as isolation centres in each region of the Asia 310,000 +50% men, despite many women in prison country for people put into pre‑trial being of low risk. Research found detention came at the expense of Africa 38,000 +24% that across 53 jurisdictions, only moving all women to one prison up a quarter of release mechanisms to 350 km away, which prevented Central & 86,000 +19% applied criteria to enable the release their families from providing them South America* of women, including those who were with food and basic necessities.120 pregnant, breastfeeding or had young Europe 85,000 - In Norway, women had to undergo 29% children in prison.124 While release quarantine in a high security prison, mechanisms in some countries, like regardless of whether they were * Although the average proportion of women within Mexico, Bolivia, Chile, Ethiopia, and the entire prison population has decreased. to serve their sentence in a high or England and Wales included pregnant lower security facility, as effective or breastfeeding women or those infection control measures could not and mental health issues. Of the with children living in prison with be implemented for women in lower women surveyed, one in four were them, their implementation was security facilities.121 unemployed prior to imprisonment, patchy. Better efforts were seen 27 per cent were in short‑term or Changes to regimes and visitation in Kenya where sources suggest emergency accommodation, and which cut off in‑person contact with about a third of women in prison 7 per cent were ‘sleeping rough’ or children due to COVID‑19 have had (879 women) were released in 2020 117 ‘in a squat’. The UK Government a significant impact on women’s through emergency releases and the said in early 2021 they expect the mental health. In a survey of two end of their prison term.125 number of women in prison to rise by English women’s prisons in June Women faced an additional barrier to 40 per cent by 2025 and plan to build 2020, 68 per cent of women said their release in countries like Afghanistan, 500 new prison cells specifically mental health had deteriorated since where release was dependent on for women – in spite of their 2018 prisons went into lockdown in March. the payment of bail and fees and strategy which aimed to reduce the The number of self‑harm incidents in women typically do not have control number of women in prison. Figures women’s prisons across England and over household finances.126 Release showed more than half of women Wales increased by eight per cent schemes in at least 28 countries convicted in 2019 were for low‑level in the year to September 2020 – and excluded drug‑related offences, offences such as minor criminal 24 per cent in June to September which disproportionately impacts damage and shoplifting, and almost – while it decreased among men by women in countries where high half committed their offence to around seven per cent in the same 118 numbers are in prison for low‑level support someone else’s drug use. year.122A report published by the drug offences – such as Colombia, Irish Prison Service in 2020 shows Women have been somewhat where this applies to 45 per cent that the rate of self‑harm was 5.7 overlooked in strategies for of women in prison, compared to times higher among women than responding to the pandemic in 12 per cent of men.

Period poverty in prison not aware that authorities provided free sanitary towels and ‘Period poverty’ refers to the lack of access to sanitary continued to buy them from the prison canteen, rely on family products or knowledge of menstrual hygiene, often due to members to bring them, or resorted to using old cloth and rags, 128 financial constraints. In prisons, period poverty continues to posing a real risk to their menstrual hygiene. During the be an issue affecting women’s rights to health and dignity. pandemic, more women have gone without sanitary pads and Some countries, like the UK and Malawi, provide free sanitary other essential items either because resources were redirected products for women and girls in prison. But these measures are for COVID‑19‑related supplies, as in Uganda, or because visits not always fully implemented. Last year, women in Chaiyaphum were suspended. Such was the case in Colombia, where women Prison in Thailand received just 12 sanitary pads each, 10 times in prison had to use one packet of menstrual pads over the less than the 120 each woman is due under an annual quota.127 course of three months, having previously relied on receiving In India, new research revealed many women in prison were hygiene products during family visits.

22 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Prison populations

3.2 Children

> The minimum age NUMBER OF CHILDREN revealed that only a third of these of criminal responsibility IN DETENTION FACILITIES had explicit measures to release 130 children from detention, and ranges from 7 to 16 across GLOBALLY: reported that data and information UN member states. was scarce as to whether there were The most common age actually implemented.136 (in 49 countries) is 14.129 + 410,000 Across the Middle East and North Africa, an estimated 3,000 children Children in detention facilities have place remotely. Pilot programmes were released from detention, been seriously impacted by Covid‑19 on restorative justice were also including 85 per cent of children in response measures. Children were suspended. In Kyrgyzstan, during detention (883 children) in Sudan not exempted from the suspension the lockdown in early 2020, visits as a result of three government of in‑person visits, limits on by probation officers to child clients directives.137 Authorities in the Gaza education or support programmes were suspended (as for adults) Strip mandated judges to take urgent and severe restrictions on movement and were instead conducted over steps to conclude trials for children throughout the pandemic. In the phone. This limited contact in pre‑trial detention, which led Australia, there were reports of to a simple check as to whether to the closure of 37 cases with no prolonged lockdown and conditions a child was at home, excluding the sentence for deprivation of liberty.138 likely amounting to solitary usual support. In Bangladesh, 343 children (a third confinement of children in detention According to the United Nations of the 1,140 children detained in centres in Queensland and Victoria.131 International Children’s Emergency centres with official capacity for 600) In the UK, young people aged 12‑17 Fund’s (UNICEF) analysis of COVID‑19 were released, mostly from pre‑trial were held in solitary confinement, measures for children in conflict detention, in seven working days spending up to 23.5 hours a day alone with the law between March and following the introduction of virtual in their cells for significant periods June 2020, countries that had hearings.139 More than 600 children of time. Almost all education and invested in diversion and alternatives benefitted from release mechanisms therapeutic services stopped, and to detention over time prior to across 10 countries in West and children’s right to 14 hours out of the pandemic did not have large Central Africa, including 46 per cent their cell was reduced to 1.5 hours.132 child populations in detention and, of recorded children in detention therefore, faced less pressure to in Nigeria. Over 1,400 children have The implementation of programmes urgently release children to reduce been released from federal and and non‑custodial alternatives for risks of transmission. In Montenegro, regional penitentiary institutions children in conflict with the law for example, years of investment in in Ethiopia, and about 42 per cent has also been disrupted in many diversion from arrest and detention of children (457 aged 16–18) and countries during the pandemic. meant there were fewer than young people (1,231 aged 18–21) were In Georgia, most diversion and 20 children and young adults in released from juvenile and adult mediation programmes were detention in the entire country when prisons in Mozambique as part of suspended, and the few that could the pandemic hit.133 The availability an amnesty.140 continue were adapted to take of alternatives was also a key factor In many countries, reintegration in enabling the release of children services for children (when available) from detention as mechanisms, and CHILDREN RELEASED IN RESPONSE do not include specific support for services were established for their TO COVID-19: returning to the community, as noted safe reintegration into society. in the 2019 Global Study on Children UNICEF’s analysis of December Deprived of Liberty.141 However, some Country Proportion of children 2020 showed that more than 11,600 countries have made concerted released (%) children were released in at least 37 efforts to support and care for countries through using alternatives children upon and following release to imprisonment and suspending from detention during the pandemic. Sudan 85% new admissions of children into In Guinea, about 104 children (more 134 Albania 50% detention. However, children than half of all detained children) were not always included in release including 5 girls were released into Nigeria 46% mechanisms as part of COVID‑19 the care of the NGO, SOS Mineurs, responses, despite calls from the or ‘one‑stop social welfare shops’ Mozambique 42% World Health Organization, UNICEF and then reintegrated with their and many other institutions to families.142 In Mali, a Committee Bangladesh 30% do so.135 A study on 53 jurisdictions for Monitoring and Reintegration

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 23 Prison populations

of Children in Contact with the in some countries. New analysis in every state, with an imprisonment Law (COSURE) was set up and in Australia found Aboriginal and rate five times higher nationwide; has supported children that have Torres Strait Islander children are the imprisonment rates of American been released from detention, imprisoned at 17 times the rate of Indian and Latino youth are 243 and authorities in Mauritania have non‑Indigenous children nationally, and 42 per cent higher than those coordinated with civil society to and up to 43 times the rate in the of white children, respectively.145 A ensure minimum social services for Northern Territory.144 While the similar picture is seen in England and children who have been released.143 imprisonment of children aged 10 Wales, where 57 per cent of children to 17 years has halved in the US in in custody on remand in 2019‑20 Children from ethnic minorities and the past decade, new research has were from black, Asian and minority Indigenous communities continue found black children are imprisoned ethnic backgrounds.146 to be disproportionately imprisoned at higher rates than their white peers

3.3 Older persons

> There is no global data younger people in prison. Research in Complete data and comprehensive on the number of older England suggests up to 90 per cent research on older people in prisons of older detainees have at least one globally remains lacking. National persons in prison. Known moderate or severe health condition, data available continues to show rates vary from 1.8% of prison and more than half have three or an upward trend in some countries populations in Indonesia to more.149 A study of COVID‑19 risk with variances between countries as high as 20% in Japan. factors in one US state found that in the proportion of older people in among people in prison, older age is prison populations. People aged over > People aged 50 or 55 a predictor for a threefold higher risk 60 years now make up 20 per cent in prison are increasingly of death per decade and doubled the of the prison population in Japan, deemed as ‘older’ due to risk of hospitalisation per decade.150 double the proportion in 2002.153 The number of men aged over 55 accelerated aging in prison Accelerated ageing in prison in Scottish prisons has more than (compared to 60 or 65 years means that people in prison over doubled in the past decade to 574, old in the community). the age of 50 are often considered representing 7 per cent of the overall older – compared to 60 or 65 in the prison population, compared to 3.3 Older people in prison have faced community – because of their lower per cent in 2010‑11.154 Older people increased hardship and risks in light health status and the ageing effect are the fastest growing group in the of the COVID‑19 pandemic, including of prison itself. Acknowledging this, prison population in England and heightened risk of contracting the the World Health Organisation (WHO), Wales; those aged 60 or over has virus due to their age and confined PRI and the UNODC have called for increased by 82 per cent in the last living conditions. Data available adaptations of national vaccination decade and by 243 per cent since shows that – like in the community plans to consider specific conditions 2002.155 Women in prison aged 60 – older persons in prison were for prison settings, without which or over has risen by a dramatic 470 more likely to contract COVID‑19 most ‘true elders in prisons’ will per cent (from 23 to 131) since 2002, and have a higher risk of death. For be missed.151 despite an 18 per cent reduction in example, in Ireland, where around Release mechanisms implemented in the overall female prison population 14 per cent of the prison population response to the pandemic explicitly in this period.156 As a result, the is of advanced age, 46 per cent of included older people in many Government in November 2020 COVID‑19 cases recorded in February countries including Afghanistan, committed to developing a national 2021 were among this age group.147 Azerbaijan and Bolivia, but little strategy for older persons in prison.157 In the UK, the COVID‑19 infection disaggregated data is available As of February 2021, 11.6 per cent of rate among people aged 60 or over to show how many were released the US federal prison population is living in prison was 15.5 per 1,000 in globally. In the Philippines, of the over 60,158 compared to 5 per cent in September 2020, twice as high than 21,000 people released from prison Peru in November 2020 and less than in the general population.148 in the four months to July 2020, 2 per cent in Thailand in December Older persons in prison are also only 409 of more than 3,000 older 2020.159 Older people account for just more likely to suffer serious or fatal persons were included.152 Automatic 1.8 per cent of the prison population effects of the virus because of their exclusions of those serving long or in Indonesia (4,653 people) as of advanced age and poorer health life sentences also prevented many January 2021. outcomes compared to people of the older people benefitting from release same age living in the community and (see Life imprisonment).

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Despite the rising number and needs. One approach adopted in the European Court of Human Rights proportion of older people in prison some prison systems is to assign in judgments over the past decade, in many countries, prison staff are a younger detainee to care for an highlighting the risk of abuse if such rarely sufficiently trained to identify older peer, like in Latvia or Poland, care is organised informally.160 and respond to their particular although this has been criticised by

3.4 Ethnic minorities and indigenous peoples

> Ethnic minorities are on police and law enforcement drawn attention to people of African disproportionately imprisoned reform. Many political statements, descent ‘being disproportionately declarations, action plans, etc. failed controlled, harassed and profiled by in many countries. In the US, to mention racial discrimination in law enforcement authorities, with black men are imprisoned prisons as a manifestation of racism other people being treated differently at rates nearly six times that in criminal justice systems. or not subjected to control at all.’165 of white men;161 in Brazil, two Minorities are the ‘hardest hit by the The most recent demonstration of pandemic, including by job losses, out of three people in prison the widespread discrimination faced the inability to socially distance or are black.162 by ethnic minorities has been seen quarantine and limited access to with the impact of the coronavirus The proportion of quality health care’ and are therefore > pandemic. Data available on COVID‑19 more likely to come into contact with Indigenous peoples in prison in the community shows that ethnic the criminal justice system.166 continue to rise, particularly minorities are more likely to be in Canada, Mexico, Australia infected or die from COVID‑19, A report on 12 European countries and New Zealand. although the reasons remain by Amnesty International details undetermined with various studies racial bias in the enforcement of In May 2020, the killing of an African and commissions underway.163 In COVID‑19 restrictions. In France and American man, George Floyd, Canada, the Correctional Investigator Belgium, neighbourhoods with large by a white policeman in the US reported in June 2020 that Inuit ethnic minority communities have sparked global protests against people contracted the virus at been heavily and disproportionately the pervasive, long‑standing disproportionate rates, compared policed; in Romania, police race‑based discrimination in to their representation in the prison violence against Roma people criminal justice systems globally. population.164 This suggests a were reported.167 In Australia, The Black Lives Matter movement similar or exacerbated problem in a report detailed allegations of led to some immediate action to prisons although authorities have police surveillance of Aboriginal address systemic racism, particularly generally failed to capture or publish communities on the grounds of in the US, and international data – broken down by ethnicity – enforcing COVID‑19 restrictions.168 institutions from the Inter‑American on COVID‑19 rates in prisons (see In the state of Victoria 4.7 per cent Commission on Human Rights Data collection and transparency). of fines issued for violations of COVID‑19 restrictions were received to the UN Human Rights Council There have been many cases of by Aboriginal people, despite and the EU Commission vowed racial discrimination reported in the making up just 0.8 per cent of action. The attention of protests penalisation of COVID‑19 restrictions the population.169 and policymakers largely focused during the pandemic. The UN has

4.4 Foreign nationals

> Worldwide nearly half a Rates of foreign nationals in prison Argentina’s prisons is around 6.5 per million foreign nationals are vary greatly from region to region cent, totalling over 6,000 people. In and country to country. In the Europe, as of January 2020, foreign detained abroad.170 Middle East, more than one in three nationals made up on average 24 per > In January 2020, foreign people in prison are foreigners.172 cent of national prison populations, nationals made up 15% of the In Thailand, around 4.4 per cent of and more than a quarter in at least the prison population is composed 15 countries.173 prison population in Europe, of foreign nationals (approximately The rates of women in prison who varying from 2% to 70% in 12,000 people), whereas only 0.5 per are foreign nationals continue to be most countries.171 cent of Indonesia’s detainees are high particularly in parts of Asia and foreign (around 220 people). The Latin America, owing to drug policies proportion of foreign nationals in

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that entail punitive sentences for The situation for detained foreign benefitted this group in some drug‑related offences or immigration nationals has been compounded by countries, including in Sweden, policies. In Thailand’s biggest lack of certainty around decisions France, Germany and Netherlands, women’s prison, foreign national relating to post‑release, such as which all have sizable numbers of women account for 8 per cent of the whether someone will be deported foreign nationals in their prisons. prison population (400 women) and or transferred back to their country Video calls and longer, free calls almost all of them are imprisoned of origin at the completion for their have been introduced for many. In for drug‑related offences.174 In Chile, prison sentence. Some challenges terms of accessing information about Colombia and Peru, foreign nationals include obtaining resources required coronavirus, in Austria, where foreign constitute large proportions of for COVID‑19 testing prior to nationals compose 51 per cent of women held in pre‑trial detention international travel, flight availability the prison population, information (73, 50 and 42 per cent, respectively), for people to return to their home on hygiene measures for preventing with drug‑related charges being the countries and avoiding stays in COVID‑19 were produced in various most common reason.175 deportation centres for people languages.178 without community links.177 The pandemic has posed specific Data suggests that the mental issues for detained foreign nationals. Prisoner release schemes over the health of foreign nationals has been Transfers of sentences effectively past year have mostly excluded particularly impacted over the past came to a halt with travel restrictions foreign nationals, although Iranian year. For example, an increase in the and border closures. Across Europe, officials reported they temporarily numbers of self‑harm and suicides for instance, there was an almost released 1,000 foreigners as among people in Italian prisons since total suspension under Prisoner part of their efforts to reduce the beginning of 2020 shows foreign Transfer Agreements and the EU prison numbers. nationals are disproportionately instrument on transfers, although represented: 43.6 per cent of all Before the pandemic, a common exceptional transfers of foreign recorded suicides in Italian prisons in challenge for detained foreign nationals to their home countries 2020 were of foreign nationals — far nationals was maintaining contact had occurred from neighbouring more than the proportion over the with the outside world. During countries when journeys could be last five years, which varied between the pandemic, the turn to digital facilitated across borders by road.176 29.2 and 39 per cent.179 solutions for all detainees has

3.6 LGBTQ+ people in prison

> As of the end of 2020, fearing further discrimination and exceeding 30 per cent in Mexico City 69 of 194 UN member states violence if they identify as such and and in Bolivia. The study found that the limited modes of data collection high proportions of trans women continue to criminalise used. The UN Independent Expert detained are charged or convicted of consensual same‑sex on protection against violence and drug‑related offences.182 In Thailand, relationships, with life discrimination based on sexual recent estimates suggest that imprisonment or the death orientation and gender identity transgender persons make up 2.6 penalty possible in some reported in 2019 on the ‘incomplete per cent of the prison population.183 countries.180 and fragmented’ or non‑existent In Brazil, the penitentiary information about LGBTQ+ people administration reported that > Research shows LGBTQ+ noting that this means ‘in most more than 10,000 people in prison people are detained at contexts policymakers are taking (representing just over 1 per cent disproportionate rates, decisions in the dark, left only of the prison population) identified with personal preconceptions and as part of the LGBTQ+ community but the collection of prejudices or the prejudices of the after a wide‑scale effort to collect official or conclusive data people around them’.181 data, though the actual number is remains piecemeal. probably much higher given fears of Where data exists, it shows that self‑identifying as such.184 It remains extremely difficult to LGBTQ+ people are overrepresented obtain data and information on the in prison populations. For example, Despite some positive developments, number of LGBTQ+ people in prison, new research specifically on trans such as in Gabon, where the mainly due to their invisibility both women in Latin America published parliament reversed its 2019 inside and outside prison settings. in 2020 concluded from all the criminalisation of LGBTQ+ people, Very few prison authorities actively available data that trans women members of the LGBTQ+ community gather data, and where it is available, represent a significant proportion continue to face discrimination, it is underestimated due to people of the LGBTQ+ population in prison, in many cases resulting in

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imprisonment for offences linked LGBTQ+ people continue to be to their gender or sexual identity. subjected to discriminatory There have been cases of COVID‑19 practices and physical, sexual and response measures being used to psychological violence within prison target LGBTQ+ people.185 In April 2020 settings, emanating from prison in Uganda, 23 persons living at a authorities, staff or other people in homeless shelter for LGBTQ+ people prison. In Colombia, 285 cases of were arrested on charges of violating discrimination were reported in 2019, public health measures. Twenty were including insults, sexual harassment held in pre‑trial detention, reportedly and visitation restrictions.187 A 2020 without access to legal counsel report detailed how trans women because of the lockdown in place at in prison in Honduras tend to be the time.186 more severely punished, including through long periods of solitary confinement.188

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Part four

Prison management

4.1 Health in prison

> At least 13 countries COVID-19 DEATHS:190 COVID-19 CASES:191 have prioritised prisons in vaccination plans or roll‑out; 3,931+ 532,100+ a further 11 countries have PEOPLE IN PRISON PEOPLE IN PRISON explicitly included, but not prioritised, prisons in their in 4747++ countries in 122122++countries planning or roll‑out.189

The COVID‑19 pandemic has exposed to lack of resources or low priority The data available suggests that the existing failure of many prison given to places of detention. For while some countries avoided high systems to meet even the most basic example, in Argentina, less than 4 per infection or death rates in prisons standards of healthcare not least cent of the federal prison population compared to the community, like in due to poor conditions linked to had been tested by August 2020. Kazakhstan and Ireland, many others being underfunded and understaffed. In Brazil, it has been suggested were unable to control outbreaks. People in prison have faced a that infection and death rates in As of March 2021, the highest heightened risk of contracting the prisons could be three times the reported rates of COVID‑19 in prisons virus and suffering fatal effects. This official figures due to limited testing have been in Barbados (44,588 per is due to cramped living conditions and lack of clarity on how data is 100,000), the US (18,616 per 100,000), that do not allow for physical collected and what tests are used. Colombia (18,190 per 100,000), distancing, unhygienic conditions, The numbers supplied by federal and Guyana (15,393 per 100,000) and the typically poorer health status local penitentiary administrations Sri Lanka (14,719 per 100,000).194 have not matched, and by July 2020 and higher social vulnerability of Analysis of COVID‑19 risk factors only an estimated 3.2 per cent of the prison populations, and the regular in a prison setting by outcome prison population had been tested.192 flow of staff and others in and out of found dormitory housing to be the prisons. Prison staff have also faced Testing is often only carried out highest for infection rates,195 but increased risk of contracting the for people that are newly admitted many prison systems with single virus with the proportion of COVID‑19 in prison or showing symptoms, or double cell‑style infrastructure cases in prisons among staff as rather than as a preventive measure have also failed to prevent prisons high as 60 or 88 per cent in some to stop the spread of the virus. becoming epicentres for the spread countries (see Prison staff). In Thailand, no national data is of the virus, including in high‑income Global figures for infection and available, but some prisons reported countries. By June 2020, the number deaths due to Covid‑19 in prisons are regular testing for new arrivals in of COVID‑19 cases among people limited by what is publicly available, prison, those returning from court in US prisons was 5.5 times that of so the true impact on people in or hospital, and staff accompanying the general population, while the prison and staff will be much higher them. There are, however, regional death rate was threefold,196 and by than reported. Barriers to accurate variations. In most of Europe testing August, 90 of the 100 largest cluster data include lack of transparency is widely available for prison staff, outbreaks had occurred in prisons.197 in some countries and insufficient newly admitted people to prisons The second wave hit prisons in some testing in places of detention, due and those showing symptoms.193 countries more severely, including in

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Europe. In England and Wales, figures cases prevented professional distancing protocols. Prisons in from December show the number staff like psychologists and health Guatemala, Czech Republic and of people who tested positive for workers from entering the facilities. elsewhere facilitated transfers of COVID‑19 in prisons since the start This reduced access to healthcare those sick to hospital, while Turkey of the pandemic rose by 70 per cent which was already scarce for people appointed additional doctors to in a month, and deaths following a in prison.200 There were calls to minimise transfers from prisons. For positive test rose by 50 per cent. address the severe shortage of asymptomatic people who have been medical staff in Indian prisons due in contact with suspected cases, Many prison systems have failed to the challenges coping with the some prisons like in Portugal and to implement critical preventive pandemic.201 Records show that Bulgaria have designated spaces for measures recommended by the prior to the pandemic, one state had quarantine where they are monitored World Health Organization and no medical officer, while 12 states for 14 days from the contact. Some others, such as providing personal and territories were understaffed have housed detainees with similar protective equipment (PPE) for by 50 per cent.202 Half of Brazil’s risk factors together while they prison populations and staff, 1,422 prisons have no medical offices undergo quarantine. training on the use of equipment and or rooms equipped for treating preventive measures, and ensuring In regard to ailments or conditions infected people, and those that do access to healthcare services.198 unrelated to COVID‑19, access to lack medical staff. This has led to In July 2020, the Brazilian President healthcare has been reduced in difficulties managing quarantine vetoed legislation that would have many prisons with serious effects. systems, and many people suspected made mask use mandatory in Many patients have waited longer for or confirmed to have the virus go prisons.199 Protests were reported treatment or routine appointments back to living among others without in many prison systems, including as it has been harder to book or being checked to see if they are still in Uganda, where overcrowding attend medical appointments, infectious.203 in the prison system is over 300 particularly treatment that requires per cent and the lack of PPE and In the US, 38 out of 50 states charge escort to and from hospital.207 In measures to prevent transmission people in prison fees ranging from some cases, illnesses have had led to escapes and protests in USD $2‑8 to see a doctor, on the to reach chronic levels before some facilities. grounds that it would deter people treatment can be accessed.208 overusing services or overstretching Civil society organisations and People who use drugs in prison faced staff. In response to the pandemic, international organisations have heightened risks during the 11 states waived fees and others worked to fill the gaps in many pandemic due to underlying health have suspended them for people places. For example, PRI has issues and a lack of access to harm exhibiting coronavirus symptoms.204 supported the procurement and reduction and healthcare services.209 A 2020 report in the Republic of distribution of PPE in prisons in The majority of prisons globally still Korea found the demand for medical Jordan and Uganda, and provided do not provide adequate treatment care has risen steadily in prisons, and posters with infographics to and harm reduction measures the number of treatments has almost educate detainees and staff on the for people who use drugs, and women doubled in the past decade. However, virus in Kazakhstan and Tajikistan. in particular have little to no access no prison has filled the number of In Central African Republic, PRI to available services. Furthermore, medical officers in that time, leaving has supported capacity‑building many such services that are available facilities short staffed and leading to for prison staff and civil society to in prisons have been suspended calls this year for access to universal raise awareness on measures to during COVID‑19 restrictions,210 for healthcare services for people prevent the spread of infection, example Opioid Agonist Therapy in prison.205 and the distribution of protective programmes in at least certain equipment like facemasks. The Various measures have been taken prisons in Moldova and Kyrgyzstan.211 International Committee of the Red for dealing with coronavirus cases One notable exception was seen in Cross and UN agencies have provided in prisons. The most common Kenya, where civil society efforts support to prisons in a large number employed by at least 46 prison resulted in the opening of the first of countries. administrations globally has been Opioid Agonist Therapy programme medical isolation of individuals in Africa, in the Shimo La Tewa prison The low levels of medical staff and showing symptoms compatible with facility in Mombasa.212 resources for healthcare in prisons COVID‑19 until testing can be carried pre‑pandemic in many countries While telemedicine was established out, or a positive test confirms have been further stretched over the in some countries before the infection.206 In prisons from Kosovo past year impacting on the ability to pandemic, including in the US, to Slovakia, Paraguay and Uruguay, meet demands from COVID‑19 and Thailand, France and Romania, its this has involved the creation of other health issues. In Argentina, use was not widespread. In some isolation areas that allow for social restrictions on movement in some places, the pandemic has acted as

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Globally, prisons have not been prioritised adequately in national COVID-19 vaccination plans.

A prison officer receives the COVID-19 vaccine, Sri Lanka.

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a catalyst for digital innovation to Tele‑psychology was introduced These shortages are particularly mitigate the impacts of restrictions in Irish prisons at the start of the of concern given the serious on movement on healthcare pandemic, which consisted of mental health impacts of COVID‑19 provision in prisons. In England, 20‑minute telephone sessions, measures on people in detention, a two‑year pilot telemedicine and a national telephone line was the full impact of which is yet to programme using secure 4G tablets established which allowed access to be understood. Increased isolation, for health visits and access to some services.215 In Sierra Leone and use of solitary confinement medical notes was launched in June Kenya, civil society organisations and the suspension of family 2020. In Sweden, use of the existing are providing counselling to clients visits, education, treatment and Skype platform was expanded to in prisons over the phone as an rehabilitation programmes – all facilitate appointments between extraordinary measure during factors which contribute to good prison healthcare staff and detainees the pandemic. mental health – have impacted all remotely. Doctors were assigned people detained, and especially In many other countries, however, to 24 prison institutions in Morocco those with an existing mental mental health programmes and and new communications technology health condition. In Italy, there were support networks, or access to was set up to facilitate weekly 61 suicides reported in prison in psychologists and mental healthcare remote medical consultations, the year 2020, a rise from the year professionals have been suspended and Armenia is also looking to before. A report on the experience or cut down over the past year. Many introduce telemedicine in the of people in isolation in Irish prison systems have been unable to penitentiary system.213 prisons found that the lack of social deliver adequate mental healthcare contact and purposeful activity, Phone and internet‑based services provisions due to a shortage – or inconsistency and uncertainty in have also been used for mental a total lack – of mental healthcare regime delivery, and feelings of health provision in a number of professionals. In Colombia, mental being punished for being vulnerable systems to mitigate the suspension healthcare provision in prisons has contributed to deteriorating of external visits. In one US prison, been problematic and women in mental health.216 access to tele‑psychiatry was prison have less access than they expanded to 60 per cent of all did previously. The suspension of sessions, with training provided to family visits in Argentina resulted in staff and patients on how to use the an increase in requests for mental equipment, which also reduced time health consultations in prisons, escorting patients and helped to straining capacity. conserve the prison’s PPE supply.214

COVID‑19 vaccinations Globally, there has been a failure to ensure equity in vaccination in prisons efforts. According to the WHO, as of January 2021, 95 per cent of vaccinations had been administered by 10 wealthy countries, There have been many calls for the inclusion of prisons in and the UN Secretary General noted in February that more than national COVID‑19 vaccination plans. New guidance to be 130 countries have not received a single dose.219 This includes issued in May 2021 jointly by the World Health Organisation many low‑income countries and countries in fragile and (WHO), PRI and the UNODC outlines considerations in relation conflict‑affected contexts. to the importance of including prisons in vaccination plans to In countries that have adopted or announced vaccination support states in COVID‑19 vaccine allocation. It emphasises the strategies or started roll‑out, there have been broadly four heightened vulnerability of prison populations and staff, which approaches to prisons. Some countries have explicitly make prisons ‘hotbeds’ for outbreaks of the virus and increases prioritised prisons, including prison populations as a higher‑risk the risk of transmission both to and from the community.217 group. In Australia for example, people in prison are among Offering vaccines to people in prison has been contentious the first groups to receive the vaccine based on the grounds in some places. The seemingly political or ‘moral’ arguments of being at increased risk of exposure and high transmission put forward by some which suggest that people convicted potential and in Peru prisons are included in the second phase of crimes are less worthy of protection than the general of vaccination with people aged 60 or above and other high‑risk population have been denounced by experts as highly groups. Some countries have included prisons within plans problematic ethically, failing to account for the public health or roll‑out, but not as a high priority group. Other countries implications and irrelevant to the decision‑making process provide equivalence for prison populations or staff with the of vaccine allocation.218 group that individuals would fall within in the community, and some countries have not specifically referred to prisons at all in national vaccination programmes.220

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4.2 Solitary confinement

A common measure to prevent people newly admitted to prison, Canada’s federal facilities were and respond to the coronavirus and those who had tested positive, criticised by watchdogs for failing pandemic by prison authorities was in solitary confinement. To cater for to distinguish between medical to implement measures to isolate, the demand of singular or smaller isolation, applicable to people who quarantine, place people in solitary cells some countries converted test positive or show symptoms, and confinement or confine groups of existing facilities like in Namibia, quarantine where there may have people to a cell. In many prisons Sierra Leone and Nigeria, or built been exposure to COVID‑19. Analysis across Europe, the Americas and new facilities (deemed temporary) from the University of California San Oceania, a cell‑based infrastructure as seen in England. In other places, Francisco’s programme AMEND, meant that such measures effectively including Egypt and the US, solitary highlighted the ineffectiveness of enforced a regime of prolonged confinement was used also as making such a distinction, noting solitary confinement as defined by a punishment where detainees that solitary confinement can the UN Nelson Mandela Rules on shared news or protested about increase transmission due to its almost entire prison populations. COVID‑19 measures. impact on deterring people from reporting symptoms or seeking The impact of solitary confinement Criticism of the massive increase in treatment. Furthermore, cells on mental and physical health has the use of solitary confinement as a been well documented, and new response to COVID‑19, including by research published over the past PRI and other international bodies, year has reiterated that people who focused on a number of concerns.223 Revision of have been subjected to it can have Many of the regimes did not have a the European long‑lasting effects. In the US, the sufficient legal basis or measures Prison Rules Bureau of Justice Statistics found to mitigate the impact of isolation. that approximately 25 per cent of Decisions around isolation were In July 2020, a revised set of convicted detainees and 35 per cent and continue to be frequently the European Prison Rules was of those in pre‑trial detention jails taken without input from medical adopted by the Council of Europe. Areas of revision included solitary who had spent 30 days or longer experts and failed to assess or confinement, records and file in solitary confinement during the consider alternative preventive and management, women, foreign previous year had symptoms of response measures. nationals, use of restraints, serious psychological distress.221 In Norway, the Ombudsman found complaints, staffing, as well as Despite this, figures released show that while the purpose of placing inspection and monitoring, bringing that in June 2020 at least 300,000 most into alignment with the UN up to 70 per cent of detainees people in US prisons had been placed Nelson Mandela Rules and some in solitary confinement was in solitary due to the pandemic which providing great protection of legitimate as an infection control was an increase of around 500 per human rights. measure, it did not have sufficient cent from previous levels. In some One of the ‘key innovations’ in the legal basis. They also found cases, this involved housing people in revised rules is a new rule which that there had been insufficient cells which had previously been used provides safeguards for detainees evaluation of less intrusive for punitive isolation but had closed separated from others as a special measures resulting in prolonged as part of efforts to reform solitary security or safety measure. use of solitary confinement. In This is strengthened by further confinement.222 Argentina, international bodies protections in the case of special Many systems retained such regimes joined the Prisoners Ombudsman’s high‑security and safety measures of solitary confinement, or at least Office denouncing an order by the more broadly and supplemented by measures where people were penitentiary system which allowed specific protections when solitary isolated, quarantined or confined for detainees to be held in solitary confinement is used in a disciplinary context.225 An important new in groups, for weeks and months. confinement for 23 hours per 224 protection for people separated Blanket policies were implemented day for between 60 to 95 days. for special high security or safety due to the inability to test detainees Such measures were commonly reasons is the requirement that they (and staff), shortage in staffing implemented and went far beyond are offered at least ‘two hours of and difficulty maintaining social the threshold of prolonged solitary meaningful human contact’ per day, distancing in overcrowded prisons. confinement as defined in the UN strengthening what the UN Nelson Nelson Mandela Rules which is Mandela Rules require, while people In some cases, like in Botswana, prohibited regardless of the official subject to separation or solitary people were placed in solitary reason given for its use. confinement must also be visited confinement as a condition before daily, including by the prison director release or after returning from Other regimes attracted criticism or an authorised member of the hospital as in Turkey. A common both in terms of purpose and prison staff. measure globally was to place grounds. Measures in place in

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(especially those used for solitary solitary confinement continues to of Europe set out significant new confinement) can often be small with be of concern in many countries. guidance (see Revision of the poor air circulation.226 For example, in New Zealand a European Prison Rules). In the US December 2020 report found that state of New York, a bill passed Aside from COVID‑19 related women were segregated at a far in March 2021 prohibiting solitary measures, solitary confinement higher rate than men and minority confinement for more than 15 remains common practice in many groups were also more likely to end consecutive days, or 20 days total states despite overwhelming up in solitary confinement.227 in any 60‑day period. It would also evidence of the harms it causes. ban its use for those with mental Excessive use and degrading In 2020, to limit and regulate the or physical disabilities, pregnant treatment or conditions for people use of solitary confinement and women, those in the first eight weeks in detention remains commonplace separation of detainees in Europe, of post‑partum recovery, and people in a large number of countries. the revised set of European Prison under 21 or older than 55 years. Discriminatory application of Rules adopted by the Council

4.3 Contact with the outside world

The pandemic brought severe and and frequency and/or raised their to categorise justice services as often long periods of restrictions on allowances to buy food from the an ‘essential service’ to continue contact with the outside world for prison shop. operating during the pandemic.230 people in prison. Lack of contact Many states did adapt systems Since the beginning of the pandemic, has had a wide range of impact enabling detainees to connect to many prisons have implemented for on the rights of persons detained lawyers or courts remotely; however, the first time or expanded their use from access to legal representation efforts were often hampered by of video calling equipment. This has and to access to basic necessities practical issues (see Role and use been used to replace or supplement often delivered by family and of technologies). In Sierra Leone, in‑person visits in many prisons support networks. for example, while a phone was made across Europe and around the world, available for use in each facility, In Bolivia, while lawyers’ visits including in Kazakhstan, Kenya, poor network connectivity and lack remained permissible, access to Australia, Thailand and Indonesia. of battery or phone credit created adequate food and medicine became There have been significant barriers for detainees to access a problem as family members were variances between countries and legal representatives and other relied on for such provisions. In prisons in terms of the speed of the services. Elsewhere, challenges Guatemala and Estonia, there were rollout, whether it is available in all reported included the cost of calls restrictions imposed on packages prisons, at cost to the detainee or been incurred by detainees, limits received by prisons. This was a not, and whether its use is limited in on duration of calls and bureaucratic common problem reported in many frequency and length of calls. Virtual challenges in adding legal places where blanket bans remained platforms have also been used by representatives and others to lists in force for months. In Argentina, many prison oversight bodies and of authorised call recipients. where prior to the pandemic up monitoring bodies as an alternative to 85 per cent of people in prison way to implement their mandate As visitation schemes were relied on families for basics like where access to prisons was reintroduced, these have generally food and clothes, and 35 per cent restricted (see Detention monitoring come with new regulations and for medicines,228 a blanket ban on in a global pandemic). restrictions. Certain categories of visitation was imposed for seven persons are excluded entirely from Over a year on from the start of the months from March 2020. Analysis visits, like in Brazil where persons pandemic, there are many prison from Southern and Eastern Africa aged over 60 years old, people with systems which retain restrictions showed that in at least 10 countries chronic illness, pregnant women or blanket bans on visits. In prisons blocked access to external and children were not permitted England, prison visits for family and visitors (in another 11 countries this to visit detainees. With regard friends remain suspended as of could not be confirmed).229 to the latter group, guidance on March 2021, except on exceptional children of imprisoned parents was Other systems took different compassionate grounds which issued in recognition of the serious approaches to retain support from need to be agreed in advance with impact of such restrictions.231 Many outside prisons, like in Uganda where the prison. countries, including Singapore packages for family or friends could Limits on access to legal and Poland, introduced a visitor’s be delivered through the prison gate. representatives for detainees were health assessment and temperature In Europe, too, some countries that reported globally. International checking, while others required permit the receipt of food parcels actors pointed to the need for states visitors to provide travel history. increased their limits on quantity

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Detention monitoring status of ‘essential workers’ for their members and staff to in a global pandemic allow some of their monitoring work to continue. In Kyrgyzstan, special permits, which were denied on some occasions, were Detention monitoring bodies, including National Preventive required by monitoring organisations to gain access to prison Mechanisms (NPMs), have faced novel challenges with the facilities. On the other hand, some NPMs are closely involved in COVID‑19 pandemic. Normal monitoring methodologies were responses, like in Italy where the President of the NPM is part hindered or outrightly suspended in many countries, bringing of the Ministry of Justice’s task force on detention and COVID‑19 higher risks of ill‑treatment and less accountability in closed and Honduras where the NPM coordinated with doctors to institutions at a time of crisis and unprecedented measures. identify detainees suitable and eligible for release.233 At the outset of the pandemic, international and regional The form and methodology for detention monitoring was bodies, including the UN Subcommittee for the Prevention adapted across the globe. In Georgia, the NPM continued of Torture and the European Committee for the Prevention monitoring with members donning PPE and meeting with of Torture (CPT), reiterated that access for monitoring bodies more than 100 people detained in the first two months of the to all places of detention should be always guaranteed, pandemic using glass barriers and other measures to minimise particularly given the risk of ill‑treatment because of risk.234 Many set up phonelines to receive information (as COVID‑19‑related measures introduced. They also reiterated in Portugal and Paraguay); in Kazakhstan, monitoring visits 232 the ‘do no harm’ principle in any monitoring work. were supplemented by online meetings with detainees for Many NPMs had to challenge authorities to continue their work consultations and follow‑up discussions. and fulfil their mandate. The NPM in South Africa obtained

When visits resumed or were some cases led to unrest in prison There were some exceptions permitted, the impact of such facilities, such as in Italy. This was to visitor bans. In the north of measures did in some cases see exacerbated where blanket bans Kenya, prisons remained open to rates of visits drop. The conditions were introduced with no warning external visitors, which allowed for for visits entailing lack of physical as seen in Venezuela, where there ongoing psychological support and contact, restrictions on number was no coordination with healthcare independent monitoring throughout of people in a visiting party and experts or communication with the past year. In Kazakhstan, visitors children’s play areas being closed, detainees (see Security and were allowed and provided with among other measures, both violence).236 Restrictions on visits disinfectants and facemasks as a deterred visitors and led to people have also led to reports of worsening prevention measure. In Uganda, in prison asking visitors not to come, levels of corruption, as in the Congo, lawyers have continued to permit as was reported in England, for where bribes were reportedly legal representatives to visit their instance.235 Furthermore, restrictions exchanged for visits.237 clients in prison on scheduled visits. on contact with the outside world in

4.4 Security and violence

Since early 2020, reports of violent March 2020 were sparked by led to a strict lockdown being incidents in prison facilities have measures to limit family visits and imposed on 1 June 2020 in federal been linked to restrictive measures contact due to COVID‑19. They prisons, impacting over 165,000 imposed due to COVID‑19, fear of resulted in the death of 13 detained people. Unrest in Sentema Prison infection among those detained, and people and injuries among scores in Uganda was in response to protests around lack of action and of people including prison staff. overcrowded conditions and flooding appropriate provisions by authorities. In September 2020, a large‑scale of the prison, and in the north of the escape from Singila Prison in Uganda country, at Pece Prison, calls for Protests in prisons (often labelled was prompted by fears of a COVID‑19 better access to courts were central ‘riots’) affected almost every corner outbreak. Over 200 people who to protests. In New Zealand, poor of the globe with fatalities reported were deemed high‑risk escaped, prison conditions at Waikeria Prison in Venezuela, Uganda, Scotland and 7 of whom have been killed in police led to a 6‑day rooftop protest, with a Sri Lanka. In Argentina, there were operations to rearrest and 16 have wing of the prison destroyed by fire, 82 protests in prisons reported been detained again. and only ended when protestors were between March and December denied food and water. 2020,238 and while protests are not Not all prison unrest over the past uncommon in the country, many of year has been related to COVID‑19, Excessive use of force by authorities these were linked to concerns around however. In the US there were in responding to incidents of unrest the handling of COVID‑19. Protests country‑wide protests in response in detention facilities is a growing across 40 prisons in Italy in early to the death of George Floyd, which trend. Twenty‑four detainees

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were killed and 76 injured as police cause deadly riots and exceedingly other ill‑treatment committed in the responded to a protest in a Bogotá high rates of death in custody. Rival name of protecting public health and jail in Colombia with reports gang members fighting across three stopping the spread of COVID‑19.247 suggesting that the high death prisons in Ecuador in February 2021 While many detention monitoring toll was because authorities did led to 79 fatalities. In Chile, new bodies, including National Preventive not have less lethal equipment for analysis of data showed that the Mechanisms (NPMs), adapted to quelling the violence.239 Tear gas and number of violent incidents involving continue their torture prevention rubber bullets were used by police three or more people increased monitoring, there were widespread in response to COVID‑19‑related sharply from 808 in 2014 to more concerns regarding higher risks of protests in Togo. In Sierra Leone, than 4,000 in 2017. The private ill‑treatment because of facilities a protest in Freetown’s central management of prisons and low being closed off from oversight and prison in April 2020 left 31 people prisoner to staff ratios were linked to scrutiny (see Detention monitoring dead, including a prison officer, higher numbers of such incidents.242 in a global pandemic). after live ammunition was used In systems where COVID‑19 At the international level there by prison staff. The detainees measures meant one or two were ongoing efforts to strengthen were protesting overcrowding and persons were ‘locked down’ most safeguards and standards to inadequate measures to prevent of the day in individual cells, there prevent and address torture and COVID‑19 outbreaks.240 Similarly, are suggestions that levels of ill‑treatment. Most recently in 20 people were killed in an Iranian violence between people detained Africa and in Europe, steps were prison after live ammunition was had not decreased but had taken taken to ban trade in the tools used by authorities to suppress different forms.243 of torture. NPMs, with torture protests about COVID‑19 concerns. preventive monitoring mandates In November 2020, staff opened fire Torture and ill‑treatment in detention under the Optional Protocol to the on people detained in a Sri Lankan remain systemic and widespread as UN Convention against Torture, were prison with severe overcrowding reported on by international human newly established in Morocco and and staff shortages, leading to rights bodies and national monitoring Chile and started visiting places of 8 fatalities.241 bodies for instance in Ukraine,244 detention in 2020 and February 2021, Uzbekistan245 and Nicaragua over the Across Latin America, violence – respectively. past year.246 Amnesty International often related to gangs and organised reported several cases of torture and crime groups – has continued to

4.5 Rehabilitation and reintegration

The provision of rehabilitation activities and over half of the prison In some jurisdictions, rehabilitation and reintegration programmes for systems had curtailed work. It was programmes were able to continue, people in prison is inconsistent found that increased tension and albeit with adaptations. Programmes from one country to another. Where violence was reported in more than involving one‑to‑one sessions have punitive approaches are pursued, half of these settings.248 continued in Estonia; in Thailand, or resources are dire there are preventive measures such as The inability to take part in certain few opportunities. Some systems allowing basic vocational training activities and programmes is often however have comprehensive to be led by trained detainees an essential part of demonstrating rehabilitation programmes which and prison staff and ensuring successful rehabilitation which is are central to prison life and involve adequate training materials enabled linked to release decisions.249 In over delivery from many stakeholders. work programmes to continue. half of the US, prison sentences can Where there was access to digital Restrictions on movement and be reduced by working, obtaining technology, online solutions were contact with the outside world education degrees or completing utilised, enabling adaptation or brought in when the COVID‑19 programmes to address drug and new programmes to be put in place. pandemic was declared have alcohol use. While some states have In Ireland’s Mountjoy Prison, online enormously impacted the delivery made concessions because these access to courses at a university of programmes. Training, educational programmes being suspended, were introduced and several and work activities have been others have not, making prison universities in the US continued suspended – often for extensive sentences longer.250 Furthermore, or introduced new courses periods or continue to be – in most the cancellation of work programmes for people in prison via online countries. In a survey across all meant loss of essential income platforms. In Thailand, also, prisons Latin American countries (except in many instances, although in collaboration with academic El Salvador), 90 per cent of prison compensation was provided in a institutions organised online systems had restricted educational number of countries.251 language classes.

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In the current market where digital literacy of at least a basic level is Leaving prison without identification required for many jobs (and daily life), during the COVID‑19 pandemic digital neglect in prisons increasingly An unknown number of people in Data from the California Department results in a systematic denial of prison or released from prison have of Corrections and Rehabilitation shows opportunities to learn or gain no identification, although over 1.1 that from July to December 2019, employment. It has also left prisons billion people worldwide are unable to approximately 30 per cent of people far less resilient to the coronavirus, prove their identity. The post‑release left prison without ID.257 ID is critical as those without online access could barriers for people without ID (or expired to rebuilding a life and without one can not adapt rehabilitation services ID) have been exacerbated during cause practical issues with finding to an online platform. To overcome the COVID‑19 pandemic. Obstacles in stable housing, employment, applying this challenge there have been obtaining identification, such as having for social security payments, or opening increased efforts to train people the means and ability to access required a bank account. In the UK for example, paperwork, have become more complex. it was reported in 2020 that older people in detention for employment in the In the US, for instance, public offices were frequently released from prison tech sector, where an estimated that issue ID’s have closed or slowed without any formal ID and this prevented 149 million new jobs could be created down processes, meaning long waiting them from registering with a doctor’s 252 over the next five years. The idea times for appointments or papers and clinic for necessary healthcare.258 of training people in prison for the worsening the situation.256 tech sector is not a new phenomenon but has increased in recent years as digital technologies have become more commonplace. resumed as restrictions eased, those over 1,000 persons were released returning to prison were subjected into homelessness during the first In places where reintegration plans to measures imposed on new arrivals months of the pandemic in 2020, and post‑release support were (sometimes involving isolation).254 at the height of the first wave lacking before the pandemic, people of infections. being released over the past year With mass release schemes are faced with additional burden. In coupled with community services Issues around travelling home Colombia, it has been reported that suspended due to restrictions, where a lockdown or curfew were women released have nowhere to people leaving prison sometimes in place put people at risk of go (not least due to abandonment went without support. In March 2020, getting rearrested. In Thailand, and stigma) and they are forced into reports suggest that authorities temporary accommodation was the informal labour market with jobs in Maharashtra state in India made set up for people released from that expose them to high risk of no arrangements to help people a Bangkok prison to stay for COVID‑19.253 Day or temporary release released during lockdown – when no one night, to prevent them from schemes – used ahead of the end of public transport was available – to breaching curfew while travelling a sentence to facilitate reintegration find their way home, and that people home. In Uganda, PRI assisted – have been impacted. In Europe, were released with no information 86 people released under COVID‑19 many schemes were stopped for about the virus or how to protect measures to return home safely months, and in cases where they themselves.255 In England and Wales, by providing transportation.

4.6 Prison staff

> Prisoner to staff ratios COVID-19 CASES AMONG PRISON STAFF:259 population (for example, more than 260 can vary from an average two times higher in Colombia and England and Wales261; and seven of 1:1 to as high as 28:1. reported in times higher in South Africa262), and in some places more cases The coronavirus pandemic brought 48+ have been identified among staff high risk to the health and lives of than detainees. In Poland, by prison staff, as well as worsening countries February 2021, 4,207 cases of staff working conditions for prison staff. contracting COVID‑19 were reported, While some countries classified or representing 85 per cent of all cases termed prison staff as frontline, Where data is available it shows there in the country’s prisons.263 In South essential or at higher risk, overall, is a great variation in infection and Africa, 5,000 infections had been their situation did not receive death rates from COVID‑19 among recorded among prison staff by adequate attention from political prison staff. Prison staff in some December 2020, representing 62 decision‑makers. countries have contracted COVID‑19 per cent of all cases identified in at rates higher than the general detention facilities.264 Data collected

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Prison monitors visit a pre-trial detention centre in Kazakhstan.

While some countries classified or termed prison staff as essential, overall, their situation did not receive adequate attention from political decision‑makers.

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from 30 European prison releasing relevant information was delivered with the assistance administrations show that at least publicly. Therefore, the reported of international agencies like the 18,500 prison officials were infected 201 deaths of staff from the virus International Committee of the Red by the virus since the beginning of and more than 110,658 positive tests Cross, UN agencies and civil society the pandemic.265 for COVID‑19 among staff as of April organisations, including PRI (see 2021 will actually be higher.266 Health in prison). The rates of COVID‑19 among staff remains unknown in many countries Various measures were put in The provision of equipment to due to a lack of systematic testing place to protect prison staff prison staff (and prisons generally) of prison staff, or a failure to gather from coronavirus. Training on such as facemasks, gloves, hand data and/or make it publicly available. preventative measures and basic sanitiser and disinfectant solutions In the US, figures are incomplete as knowledge of the virus, spotting varied greatly from country to prison staff are not systematically symptoms, etc. was rolled‑out in country. In high‑income countries, tested, and many states are not the majority of countries. Often this medical masks were often available

STAFF TO PRISONER RATIOS: These figures are illustrative based on publicly available information. Given the discrepancies on the details of data available across countries, the figures in this visual are not intended to be used for a strict comparison. Rather they intend to illustrate the wide variance across countries in staffing levels compared to the prison population. Figures were calculated by PRI based on data from national authorities and prison services, UNODC, Council of Europe and civil society information, rounded to the nearest one.

DENMARK POLAND HUNGARY LITHUANIA FINLAND ALBANIA ROMANIA GEORGIA RUSSIAN FED. 2020 2020 2020 2020 2020 2020 2020 2020 2017 1:1 1:3 1:2 1:2 1:1 1:1 1:2 1:4 1:2

GERMANY 2020 1:2 MONGOLIA SPAIN 2017 2020 1:1 1:2 JAPAN 2019 HONDURAS MOROCCO 1:2 2017 2017 KOREA (REP. OF) 1:9 1:9 2017 MEXICO 1:3 2017 MACAU SAR 1:4 2017 COLOMBIA GRENADA CÔTE D’IVOIRE INDIA THAILAND 1:2 2017 2017 2019 2019 2020 PHILIPPINES 1:8 1:3 1:7 1:8 1:28 2019 GUYANA 1:10 2017 1:4

CHILE ARGENTINA NIGER SOUTH AFRICA UGANDA KENYA SINGAPORE INDONESIA 2017 2019 2019 2020 2020 2017 2017 2020 1:2 1:2 1:17 1:4 1:5 1:2 1:6 1:6

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STAFF LEVELS: VACANCY RATES: to custodial staff. Disposable full Based on actual number of staff compared to official targets and sanctioned numbers. gowns and eye protection were also available in many European countries, albeit the latter usually INDIA only when coming into close contact 2017 30% with a suspected or confirmed case COLOMBIA % of COVID‑19.267 Elsewhere, access 2020 40 to adequate equipment for prisons UGANDA remains a challenge. In Indonesia, 2020 40% facemasks are only provided to NIGER prison staff or detainees at high 268 2019 70% risk, for instance. In one prison in Iran, it has been reported that PHILIPPINES 70% medical staff went on strike in 2019 protest of a lack of preventative measures,269 and similarly prison Figures from official reports of national authorities and prison administrations. staff in Malawi protested their lack of access to PPE.270 Many penitentiary systems have STAFF TO PRISONER RATIO PER CATEGORY OF STAFF: adopted extraordinary working regimes to limit movement in and Medical Mental healthcare Social support out of facilities and high turnover of staff. A number of countries saw longer staff shifts to reduce risks, including Kosovo, Norway, Italy and Israel. Another common strategy adopted in countries like Portugal, 1:300 1:460 1:5,620 Spain and the US was a decision in INDONESIA in PERU in NIGER to reduce staff to decrease the number of people coming in and out

Figures from official reports of national authorities and prison administrations. of facilities. In several facilities in China, officials opted for a rotation of a 14‑day work shift, a 14‑day break and a 14‑day quarantine. TRENDS IN STAFF TO PRISONER RATIOS: Changes in the number of people detained per prison staff reflect different realities across Some prison administrations countries, as numbers of detainees and/or staff have risen, fallen or remained stable. restricted movement of staff to limit transmission. In Uganda, where Rising ratios Stable ratios Decreasing ratios prison staff often live on site, they and their families were restricted from leaving the prison campus as ALBANIA, HONDURAS, HUNGARY, KENYA, CHILE, MONGOLIA, they usually could, in some places MACAU MOROCO SINGAPORE for up to 7 months. In regions with Prison population Prison population Prison population higher COVID‑19 infection rates, Staff Staff Staff staff in some prisons were further confined to the offices and cells enclosure for weeks or months. In SOUTH KOREA AUSTRIA, CZECH REP., MEXICO, LITHUANIA Georgia, prison staff in all facilities SERBIA were ‘locked down’ on site, resulting Prison population Prison population Prison population in irregular working hours, increased Staff Staff Staff stress and anxiety, reduced contact with family and a negative impact on relations with people FINLAND DENMARK, POLAND GRENADA, GUYANA detained, reportedly linked to staff exhaustion. In one prison that PRI Prison population Prison population Prison population visited, staff slept in administrative Staff Staff Staff quarters or vacant cells; their meals were served free of charge by the facility and in their free time they Figures from UNODC for 2010-2017, available at dataunodc.un.org. could exercise in a gym.

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Regulations for prison staff outside prison systems lack professionals There are a range of reasons for of work were common, including in healthcare, education or challenges in staffing prisons bans on travelling abroad as social support. People in prison with adequate levels and qualified implemented by administrations in consequently face increasing personnel. Working conditions Singapore, Israel, Finland, Norway difficulties in having basic access and low salaries are commonly and Sweden.271 In Morocco, prison to healthcare, education, and social reported. In Uganda in 2017, the staff were required to observe a and rehabilitation support. In Sri Auditor General noted a high staff strict stay‑at‑home order during Lanka, it was reported that the lack attrition rate, especially compared their week off. of doctors in prisons during the to a 41 per cent vacancy rate, which night, coupled with a shortage of could partly be explained by the poor Staff shortages in prisons have staff on patrol, has led to delayed accommodation conditions provided been reported widely due to illness, medical interventions for prisoners to over 6,000 staff.279 The entry salary mandatory isolation and changes in need, and sometimes, deaths.275 for prison warders in 2016/2017 was in organisational structures during In Niger, a recent audit of the prison UGX 367,000 per month280 (around the pandemic. In South Africa, the workforce stated that there was a USD $100), below the median correctional service had to mobilise lack of female staff, especially of monthly wage of public employees trainees and army reserves to female medical professionals.276 of UGX 457,500 that year.281 In compensate for staff shortages. In South Africa, the Department of exceptional cases on the other hand, Where staff shortages occur, Correctional Services noted in its including in the US state of Florida272 prison officials have to supervise latest activity report in 2019/20 that and in France,273 some prison officers larger groups with less resources, new recruits did not compensate have acknowledged that the reduced often for longer shifts. A 2020 for staff leaving through retirement numbers of people in prison (due to study showed that all 50 US states or resignation, partly because of releases) have made it easier to do reported understaffing and high a decreasing budget allocated to their jobs and improved relations levels of overtime.277 In the state salaries.282 In Georgia, a recent with people in their facility. of Minnesota, a recent audit showed staff survey showed that prison jobs that short staffing had negatively Short staffing is a common were unattractive notably because affected educational, vocational and issue in many contexts and is salaries were not commensurate recreational activities for people in especially a concern regarding with responsibilities and working prisons and contributed to tensions specific categories of staff. Many conditions.283 and violent incidents.278

4.7 Data collection and transparency

Accurate data relating to prison to data collection and transparency of the Bureau of Jail Management and criminal justice systems is – as well as a lack of political and Penology, in the Department of essential for law‑ and policymakers prioritisation. In the US, observers the Interior and Local Government. and actors at all levels in order noted the growing delays in the The quality of data, including to identify gaps and develop and publication of national prison data, whether it is disaggregated and implement effective systems. Data partly explained by the Bureau adequately comprehensive, is often on prisons, from basic information of Justice Statistics’ (BJS) task impacted by national specificities. such as number of detainees, levels of collecting and analysing data In France, legislation heavily limits of capacity and staff numbers, are from the country’s particularly and supervises data collection on not always captured or transparently decentralised system while being ethnicity and religion, which also available. This is particularly the case underfunded and understaffed.286 applies in relevant data on prisons. in low‑income countries or fragile The accessibility of data can be made In other countries, specific groups and conflict‑affected settings where more complicated where various such as LGBTQ+ people are excluded a lack of resources is a challenge. aspects of prison management entirely from prison population data In Sri Lanka, for instance, prison are treated by different arms of (see LGBTQ+ people in prison). records remain mostly manual and governments or agencies, resulting differ across prisons.284 The digital Traditionally prisons have been in data being scattered across divide is another factor contributing shrouded in secrecy as closed different ministries and services. to shortcomings in data collection institutions. While external In the Philippines, for example, (see Role and use of technologies). monitoring, access to service prisons are managed by the Bureau providers and civil society to prisons Burdensome or cumbersome of Corrections under the Department has become the norm in many procedures, and decentralised of Justice, while pre‑trial detention places, it is not the case everywhere systems, can also be a challenge facilities are under the responsibility particularly in non‑democratic

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states. Where authorities operate quickly to protect specific cohorts of Health in prison), transparency on prisons with a ‘state secret’ approach, the prison population. The availability COVID‑19 has been generally poor. civil society and other non‑state of accurate and disaggregated In Mexico, there has been a lack of institutions frequently seek to fill data facilitated the inclusion of public information released by prison the gap by monitoring and publishing at‑risk groups in emergency release authorities on not only the number information gathered. One example is measures or changes to prison of infections and deaths but what in Iran, where the NGO, Abdorrahman regimes, such as in Ireland. protocols or measures have been Boroumand Center for Human Rights adopted.288 A similar approach of The ‘Covid Data Transparency Index’, in Iran (ABC), documented and not disclosing data has been an issue which examines 100 countries on published a report with information particularly in Africa where there is 40 different aspects of their COVID gathered on the response to the a general lack of data on prisons. data, ranked only four countries an COVID‑19 pandemic in the country’s In Cameroon, for example, data on effective 5‑star rating and 63 with prisons. The government had kept the number of cases and deaths 2‑stars or worse. The Index published data on the number of people who in prisons remains unpublished.289 in December 2020 noted ‘huge had contracted the virus, including A data gap has also been seen in differences in countries’ coverage, fatalities, a secret.286 regard to releases; research on management and usage of national 53 jurisdictions found that about The coronavirus pandemic has pandemic data’, and that there have three‑quarters of governments reiterated the need to have data been clear challenges faced by failed to publish any official data on that is current, accurate, and governments in measuring the true the number of people released from disaggregated by age, sex, ethnicity level of infections.287 prison in response to COVID‑19.290 and other factors. As the virus This situation is exacerbated when spread rapidly in detention facilities, it comes to detention settings. authorities needed to respond Aside from insufficient testing (see

4.8 Violent extremism and prevention of radicalisation

Violent extremism has been a major area, especially where these relied with vague and wide encompassing global concern and a priority issue on external organisations or actors laws, leading to abuse of such in many countries over the past or where programmes involved laws and human rights violations. two decades. Efforts to prevent one‑to‑one in‑person settings.292 Most recently Switzerland received and counter it have become a core Some were able to continue in an widespread criticism from the component of policies and practices adapted format, for example by UN about the new definition of at the national, regional and bringing training initiatives and terrorism proposed in a draft international levels. support to prison authorities on counter‑terrorism law that could preventing violent extremism to an potentially be applicable to activities Analysis of the UN Counter‑Terrorism online platform.293 ‘not of terrorist nature’ 296 and could Committee Executive Directorate set a ‘dangerous precedent’.297 (CTED) found that the COVID‑19 Prison staff, probationers, and pandemic has diverted attention experts in the field of countering Counter‑terrorism laws and tools of policymakers and resulted in the violent extremism have reported that have been used by authorities in reallocation of resources away from the pandemic, and particularly the fighting COVID‑19. In April 2020, counter‑terrorism or countering restrictions in prison settings, may the US Department of Justice violent extremism responses – fuel drivers of violent extremism.294 announced prosecutors should not only during the pandemic but consider coronavirus as a ‘biological People in pre‑trial detention under longer‑term. They explained that agent’ and charge certain acts terrorism‑related charges (or those there has been a shift of efforts related to COVID‑19 as federal crimes convicted) have been excluded from from community policing to lockdown of terrorism.298 Two people were almost, if not all, prisoner release enforcement and suspension of charged with terrorism offences schemes. This has been the case also many activities which contributed when they claimed they were for people convicted of terrorism to longer‑term violent extremism intentionally trying to spread the offences with underlying medical prevention efforts. 291 virus while being arrested.299 conditions, for example, in Turkey.295 The COVID‑19 related restrictions Maximum sentences continue With no internationally agreed in prisons have resulted in the to be handed down for cases of definition of terrorism, national suspension of programmes in this terrorism offences. In August 2020, lawmakers continue to regulate it

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the man that committed attacks in In many countries, there were two mosques in Christchurch, New new reports over the past year Zealand, killing 51 people received that people imprisoned for violent the first life imprisonment sentence extremist or terrorist offences often without parole in the country. In face harsher treatment with stricter Germany, a right‑wing extremist was regimes and discriminatory practices sentenced in January 2021 to life in – exacerbated in some cases by prison, with an unspecified period for COVID‑19 measures. In France, a parole—the most severe applicable report found that such detainees sentence—for the murder of a local are more often subject to body official. The average prison sentence searches and less likely to receive for terrorist offences in the European sentencing adjustments.301 Amnesty Union in 2019 varied from an average International has reported that, in of 20 years in Greece, compared Egyptian prisons, members of the with two years in Lithuania, Sweden Muslim Brotherhood (classified as a and Poland.300 terrorist organisation in the country since 2013) were specifically targeted by prison authorities and more at risk of harsher punitive treatment, including the intentional lack of healthcare that has allegedly led to the death of several people.302

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Part five

Role and use of technologies

The past year has seen rapid A number of US jails introduced advances in the use of technological UVC robots for disinfection in 2020. Risk of solutions in prisons and wider The devices emit high‑intensity discrimination criminal justice systems globally. ultraviolet light – a technology and racial bias As a result of the COVID‑19 pandemic, typically used by hospitals that can many countries turned to digital destroy coronaviruses – and have in algorithmic and other tools as a means of been used to disinfect everything profiling 303 reducing the risk of transmission in from cells to eating utensils. In November 2020, the UN places of detention through human In China, infrared portals were Committee on the Elimination contact and easing the burden on introduced to check the temperature of Racial Discrimination in its prison and probation staff. Video of each person before entering the guidance to combat racial profiling, visitation replacing in‑person visits prison, and similar devices were highlighted the serious risk posed was initiated or expanded in prisons also placed inside the facilities. by the increasing use of algorithmic across the globe (see Contact with Robots to measure temperature were profiling in judicial systems. Such the outside world). Online access introduced in Hong Kong prisons, tools are currently used for a for training and education purposes reducing contact between staff and variety of purposes including to in prisons accelerated as a result detainees. They have also used air apply a sanction or decide whether someone should be sent to prison, of restrictions imposed during the sterilizers, disinfection sprayers and be released on bail, or receive pandemic, and some prisons are high‑temperature steam generators. another punishment. Authorities training detainees for employment Remote hearings and gather information on the in the tech sector (see Rehabilitation videoconference courts have been criminal history of the individual, and reintegration). used in countries like Albania, Peru, their family, friends and social conditions, including their work Increased reliance on tech solutions India, Myanmar, Morocco, Kenya and academic history, in order to to mitigate the impacts of restrictive and Nigeria, often for the first time. assess the degree of ‘danger’ posed regimes has, however, deepened the In Bangladesh, for example, virtual by the person from a score provided digital divide. While well‑resourced hearings were approved through a by the algorithm, which usually prison systems like Sweden were able Supreme Court Ordinance which remains secret.305 to increase bandwidth and purchase allowed bail applications to be made The Committee highlighted the new equipment as required, lack of electronically, and technical support danger of reinforcing existing infrastructure or resources in many was provided by the UN Development racial biases and aggravating countries meant people in prison Programme. In Tunisia, remote discriminatory practices when big could not benefit from technologies. hearings were permitted by a 2020 data and algorithmic profiling is In Kenya, probation officers were ministerial decree amending the used to determine the likelihood challenged by an insufficient number Code of Criminal Procedure and have of criminal activity. For example, of laptops, inadequate internet been in use in some jurisdictions, historical arrest data about access and difficulties to speak with supported by funding from the a neighbourhood may reflect racially biased policing practices; clients, some of whom had no phone United States.304 this data can increase the risk contact and others held in pre‑trial Where virtual courts existed prior of over‑policing in the same detention centres had to queue to to the pandemic, their use expanded neighbourhood, which may in turn access teleconferencing. significantly. In prisons in Ireland, lead to more arrests, creating 306 Some prison systems looked to where the first case by video‑link ‘a dangerous feedback loop’. new technologies as a means to was heard in 2009, its use almost combat the spread of coronavirus. doubled in 2020 from 30 to 58 courts,

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 43 Role and use of technologies

Increased use of digital technologies has mitigated the impacts of restrictive regimes during the pandemic, but also deepened the digital divide.

Kiosks in East Jersey State Prison, USA.

44 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Role and use of technologies

with more than twice the number International bodies have called for of any human action, for example of cases heard by video‑link than the remand hearings in particular to be encouraging the person to leave previous year.307 In Croatia, the use held in person whenever possible. a location. of video‑link from prisons to courts The Inter‑American Commission on Automation and other technological and state attorneys almost tripled Human Rights called for the physical advances can significantly ease the from January to July 2020 to 1,431 presence of persons deprived burden on prison staff, although uses, compared to 573 in the same of liberty in custody hearings in the use of such technology needs period in 2019.308 Brazil, warning that the use of video to be balanced with the necessity conferencing for custody hearings The use of online hearings for for critical interaction between could negatively affect the detection criminal proceedings has raised prison staff and people detained. of signs of torture and ill‑treatment concerns regarding due process, An evaluation of digital technology and could cause the persons ability to understand procedure, in prisons in England and Wales in deprived of liberty to feel intimidated and access to and ability to 2020 found a significant benefit to or coerced.309 confidentially communicate with staff workloads with the introduction legal representation. Some judges Technological solutions have long of self‑service kiosks and in‑cell have raised objections to Turkey’s been employed by prisons and telephony and laptops. Allowing e‑hearing system, for example, probation services for security, detainees to self‑manage routine cautioning that it may put some with new examples in the past year. tasks saved an average 91 hours fair trial safeguards at risk. In Hong Kong’s first smart prison is of staff time per prison per week countries where remote hearings set to open in 2021, after more than – the equivalent of two prison were implemented as emergency 40 trials were conducted in other officers working a full week – and workarounds without extensive correctional facilities. Biometric reduced administrative follow‑up testing or training, issues arose technology, facial recognition and exercises by 82 per cent.310 A including arbitrary time limits on video analytic monitoring will be used prison in Australia has tested an witness testimony to comply with to detect changes in behaviour and autonomous vehicle to patrol the free video conference software and send alerts to staff, and drones and perimeter, which performed the poor connection quality. In Tunisia robotic guards will be introduced to work of two prison officers who for example, the International Legal frequently patrol the prison. Among check the perimeter three times a Foundation deployed two defence new tools in development in the US day. The vehicle is equipped with lawyers, one with the judge and is an Artificial Intelligence‑enhanced high‑definition cameras, night one with the accused in custody, to GPS tracking device like an ankle vision, a collision avoidance system, facilitate lawyer‑client contact while bracelet that includes information incident alert lighting and a two‑way ensuring effective communication on how risk differs across various intercom, and will be integrated with with the courtroom. spaces for an individual client. The airborne drones. device could intervene independently

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 45 Endnotes

Endnotes

All website links cited were accurate at the time 13 Information provided by Open Society 29 African Court on Human and People’s of publishing in May 2021. Foundation, March 2021. For more, see Rights, Advisory Opinion no. 001/2018, Campaign for Decriminalization and 4 December 2020. Reclassification of Petty Offences in Africa, 30 European Court of Human Rights, Lăcătuş pettyoffences.org. v. Switzerland (application no. 14065/15), PART ONE 14 UNODC, World Drug Report 2020: Booklet 1, 19 January 2021, hudoc.echr.coe.int/ Crime and imprisonment United Nations, June 2020, p. 21. eng#{%22itemid%22:[%22001-207377%22]}. 15 For an overview of related research, see 31 Cyrus R. Vance Center for International 1 Change calculated with data from the World Jose Roberto Balmori de la Miyar, Lauren Justice and AdvocAid, Woman Wahala Prison Brief database and the World Prison Hoehn-Velasco and Adan Silverio-Murillo, Na Prison – Causes and Consequences of Brief 2011 World Population List, available at: ‘Druglords don’t stay at home: COVID-19 Women’s Imprisonment in Sierra Leone, ‘Highest to Lowest - Prison Population Total’, pandemic and crime patterns in Mexico August 2020, p. 6. World Prison Brief Database (Institute for Crime City’, Journal of Criminal Justice, Volume 72, 32 Kate Gauld, ‘Prisons in a Pandemic: The Malawi & Justice Policy Research), www.prisonstudies. January 2021, p. 2. Experience’, in COVID-19 in the Global South: org/highest-to-lowest/prison-population- 16 UNODC, Research brief: Effect of the COVID-19 Impacts and Responses, Bristol University total?field_region_taxonomy_tid=All [accessed pandemic and related restrictions on homicide Press, 2020, pp. 54–55. on 4 January 2021]; Roy Walmsley, World Prison and property crime, 2020. Population List, 9th edition, World Prison Brief 33 Human Rights Watch, World Report 2021, (Institute for Crime & Justice Policy Research), 17 ‘Coronavirus lockdown: How has it 13 January 2021, p. 221. 19 July 2011. affected crime?’, BBC News, 24 April 2020, www.bbc.com/news/world-us- 2 ‘Highest to lowest - Occupancy level (based on canada-52416330. official capacity)’, World Prison Brief Database PART TWO (Institute for Crime & Justice Policy Research), 18 Marcelo F. Aebi and Mélanie M. Tiago, Prisons www.prisonstudies.org/highest-to-lowest/ and Prisoners in Europe in Pandemic Times: Trends in the use of imprisonment occupancy-level?field_region_taxonomy_ An evaluation of the medium-term impact of tid=All [accessed on 8 February 2021]. the COVID-19 on prison populations, Council 34 ‘COVID-19, Prisons and Drug Policy: Global of Europe/UNIL, 10 November 2020, pp. 3–4. Scan - March-June 2020’, Harm Reduction 3 Ibid. 19 UNODC, Research brief: Effect of the COVID-19 International, 17 June 2020, www.hri.global/ 4 ‘Commentary: The Mexican Senate expands pandemic and related restrictions on homicide covid-19-prison-diversion-measures. mandatory pre-trial detention amid the and property crime, 2020, p. 3. 35 This includes temporary releases (where the COVID-19 pandemic’, Fair Trials, 31 July 2020, person was released but required to return to www.fairtrials.org/news/commentary- 20 ‘State repression in the Philippines during COVID-19 and beyond’, openDemocracy, prison after a set period of time) and therefore mexican-senate-expands-mandatory-pre- it is not reflective of a net reduction of people trial-detention-amid-covid-19-pandemic. 7 July 2020, www.opendemocracy.net/en/ state-repression-philippines-during-covid- in detention globally. DLA Piper, A global 5 See HRI, IDPC and CELS input for: ‘Study 19-and-beyond. analysis of prisoner releases in response to on arbitrary detention relating to drug COVID-19, March 2021, p. 10. policies’, OHCHR, 2020, www.ohchr.org/EN/ 21 ‘Workers trying to feed family jailed, abused in COVID-19 lockdown’, Thomson Reuters 36 Marcelo F. Aebi and Mélanie M. Tiago, Prisons Issues/Detention/Pages/Detention-and- and Prisoners in Europe in Pandemic Times: drug-policies.aspx. Foundation, 7 April 2020, news.trust.org/ item/20200407122450-54z6j. An evaluation of the medium-term impact of 6 See UN Office on Drugs and Crime (UNODC), the COVID-19 on prison populations, Council World Drug Report 2020, United Nations, 22 Kate Gauld, ‘Prisons in a Pandemic: The Malawi of Europe/UNIL, 10 November 2020. June 2020. Experience’, in COVID-19 in the Global South: Impacts and Responses, Bristol University 37 ‘COVID-19, Prisons and Drug Policy: Global 7 See ‘Central Asia: Respect Rights in Covid-19 Press, 2020, p. 54. Scan - March-June 2020’, Harm Reduction Responses’, Human Rights Watch, 23 April International, 17 June 2020, www.hri.global/ 2020, www.hrw.org/news/2020/04/23/central- 23 UNODC, World Drug Report 2020: Booklet 1, covid-19-prison-diversion-measures. United Nations, June 2020, p. 21. asia-respect-rights-covid-19-responses. 38 WHO Regional Office for Europe, Preparedness, 8 Figures provided to PRI by the Department 24 United Nations, United Nations system common prevention and control of COVID-19 in prisons of Healthcare and the Directorate of Judicial position supporting the implementation of and other places of detention: interim guidance, Control, March 2021. the international drug control policy through 8 February 2021, World Health Organisation effective inter-agency collaboration, 2018. 9 For a review of possibilities in European (WHO), 8 February 2021. countries, see Veljko Turanjanin and Darko 25 UN Committee on Economic, Social and 39 See Marcelo F. Aebi and Mélanie M. Tiago, Radulović, ‘Coronavirus (COVID-19) and Cultural Rights, Concluding observations Prisons and Prisoners in Europe in Pandemic Possibilities for Criminal Law Reaction in on the seventh periodic report of Ukraine, Times: An evaluation of the medium-term Europe: A Review’, Iranian Journal of Public undocs.org/E/C.12/UKR/CO/7, United Nations, impact of the COVID-19 on prison populations, Health, Volume 49, Issue Supple 1, April 2020. 2 April 2020, para. 42. Council of Europe/UNIL, 10 November 2020. 10 See Amnesty International, COVID-19 26 ‘Message on Human Rights Day 2020 - INCB 40 ‘To address fears of prisoners from COVID-19 crackdowns: Police abuse and the President Mr. Cornelis P. de Joncheere’, and minimize risk of transmission, UNODC global pandemic, ACT 30/3443/2020, International Narcotics Control Board (INCB), donates medical supplies to Ethiopia’s prisons’, 17 December 2020. 10 December 2020, www.incb.org/incb/en/ UNODC, 6 May 2020, www.unodc.org/unodc/ news/press-releases/2020/message-on- 11 ‘J’can jailed for breaking COVID rule in B’dos en/frontpage/2020/May/to-address-fears-of- human-rights-day-2020---incb-president-mr-- prisoners-from-covid-19-and-minimize-risk- awaits date for appeal’, Loop Jamaica, cornelis-p--de-joncheere.html. 25 January 2021, www.loopjamaica.com/ of-transmission--unodc-donates-medical- content/jcan-jailed-breaking-covid-rule-bdos- 27 ‘A message from our Executive Director: Six supplies-to-ethiopias-prisons.html. awaits-date-appeal. drug policy takeaways from 2020’, IDPC, 23 41 ‘State/UT wise Prisons Response to COVID December 2020, idpc.net/blog/2020/12/a- 12 ‘JUSTICIA calls for action against 19 Pandemic in India’, Commonwealth Human message-from-our-executive-director-six- Rights Initiative, 14 December 2020. disproportionate COVID-19 criminalisation’, drug-policy-takeaways-from-2020. Fair Trials, 29 May 2020, www.fairtrials.org/ 42 DLA Piper, A global analysis of prisoner releases publication/justicia-calls-action-against- 28 ‘Guyana: Gov’t tables Bill to remove prison time in response to COVID-19, March 2021, p. 11. disproportionate-covid-19-criminalisation. for small amounts of cannabis’, The Jamaica Gleaner, 29 January 2021, jamaica-gleaner. com/article/news/20210129/guyana-govt- tables-bill-remove-prison-time-small- amounts-cannabis.

46 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Endnotes

43 ‘Chief Justice Peralta: More than 80,000 63 European statistics, see: Marcelo F. Aebi and 78 National Agency for Crime Prevention, PDLs released since March’, The Philippine Mélanie M. Tiago, SPACE I - 2019 - CoE Annual Execution of Non-Custodial Sentences Star, 23 October 2020, www.philstar.com/ Penal Statistics: Prison populations, Council and Probation, Measures taken against headlines/2020/10/23/2051761/chief-justice- of Europe, 2020; and Marcelo F. Aebi and Yuji Z. Covid-19, 2020. peralta-more-80000-pdls-released-march. Hashimoto, SPACE II - 2019 - CoE Annual Penal 79 Jill Viglione, Lucas M. Alward, Ashley 44 Marcelo Bergman, Fernando Cafferata and Statistics: Persons under the supervision of Lockwood, et al., ‘Adaptations to COVID-19 in Julio Ambrogi, The Effects of Coronavirus probation agencies, Council of Europe, 2020; Community Corrections Agencies across the in Prisons in Latin America, UNTREF-CELIV, for US statistics, see: Laura M. Maruschak United States’, Victims & Offenders, Volume 15, June 2020. and Todd D. Minton, Correctional Populations Issue 7–8, Routledge, October 2020, p. 1279. in the United States, 2017-2018, Bureau of 45 Sabrina S. Rapisarda and James M. Byrne, ‘An Justice Statistics (US Department of Justice), 80 Roy Walmsley, World Pre-trial/Remand Examination of COVID-19 Outbreaks in African August 2020. Imprisonment List, 4th edition, Institute for Prisons and Jails’, Victims & Offenders, Volume Crime and Justice Policy Research (ICPR), 15, Issue 7–8, Routledge, October 2020, p. 912. 64 ‘Parliament ratifies bill for release of almost 2 April 2020. 90,000 prisoners’, Hürriyet Daily News, 14 April 46 Information provided to PRI on 6 March 2021 2020, www.hurriyetdailynews.com/turkish- 81 ‘Deaths Inside Venezuelan Prisons Doubled by a partner in Malawi. parliament-passes-penal-reform-law-153838. During Pandemic’, InSight Crime, 10 September 2020, www.insightcrime.org/news/analysis/ 47 Figures provided to PRI by the Department 65 ‘Commentary: The response to COVID-19 of Healthcare and the Directorate of Judicial deaths-inside-venezuelan-prisons-doubled- in Peru’s prisons’, Fair Trials, 3 September during-pandemic. Control, March 2021. 2020, www.fairtrials.org/news/commentary- 48 International Drug and Policy Consortium response-covid-19-perus-prisons. 82 ‘Statistical time series - December 2020’, (IDPC), Cambodia: Over-incarceration, drug Instituto Nacional Penitenciario y Carcelario 66 ‘Alternatives to detention must be part of (INPEC), 18 January 2021, www.inpec.gov.co/ policy and its specific harms to women and ‘new normal’, govt official says’, The Jakarta children, March 2021, p. 10. web/guest/estadisticas/-/document_library/ Post, 26 May 2020, www.thejakartapost.com/ TWBuJQCWH6KV/view/960615. 49 ‘UK coronavirus prison plan on hold after six news/2020/05/26/alternatives-to-detention- inmates freed in error’, The Guardian, 18 April must-be-part-of-new-normal-govt-official- 83 Information provided by the Research Centre 2020, www.theguardian.com/society/2020/ says.html. on Drugs and Human Rights (CIDDH, Peru), February 2021. apr/18/uk-coronavirus-prison-plan- 67 See Supreme Court of the Philippines, suspended-after-six-mistakenly-released. Administrative Circular No. 38-2020, 30 April 84 See ‘Current amount of inmates in each 50 ‘Protest against release of prisoners ups 2020; ‘Releasing 20,000+ people from prison District’, Directorate General of Corrections pressure on Fernández’, The Buenos Aires in Bangladesh in 10 days – the view from a (Ditjenpas), smslap.ditjenpas.go.id/public/grl/ Times, 2 May 2020, www.batimes.com.ar/ Judge’, Justice Imman Ali for Penal Reform current/monthly. news/argentina/protest-against-release-of- International, 11 June 2020, www.penalreform. 85 ‘Upholding the Rule of Law in Sri Lanka during prisoners-ups-pressure-on-fernandez.phtml. org/blog/releasing-20000-people-from- lockdown and beyond’, UNDP in Sri Lanka, prison-in-bangladesh-in. 51 Centro de Estudios Legales y Sociales (CELS), 15 July 2020. COVID-19 y sobrepoblación carcelaria [COVID-19 68 Sergei Ovchinnikov, ‘The Penitentiary System 86 Associazione Antigone, Have prisons learnt and prison overcrowding], 13 May 2020. of Russia during the COVID-19 Pandemic: from Covid-19? How the world has reacted to A Global Challenge and Initial Results’, Victims 52 Justice Project Pakistan and Amnesty the pandemic behind bars, (no. 1/2020), 2020, & Offenders, Volume 15, Issue 7–8, Routledge, International, Prisoners of the pandemic: p. 129. October 2020, p. 1153. The right to health and COVID-19 in Pakistan’s 87 ‘More than one in four prisoners on remand detention facilities, ASA 33/3422/2020, 69 For discussion on this, see Penal Reform due to court delay’, The Ferret, 11 September December 2020, p. 20. International, Global Prison Trends 2020, 2020, theferret.scot/more-than-one-in-four- April 2020, Special Focus: Alternatives 53 Based on data provided by Justice Project prisoners-now-on-remand/. to imprisonment. Pakistan, March 2020. 88 ‘German court allows for extension of 70 ‘Party’s over but it doesn’t end in jail’, The 54 ‘Civil Rights Organizations Announce pre-trial detention if hearings are delayed Bangkok Post, 25 May 2020, www.bangkokpost. Settlement Agreement Securing at least 3,500 due to COVID-19’, Fair Trials, 7 April 2020, com/thailand/general/1923592/partys-over- Early Releases from State Prisons in COVID-19 www.fairtrials.org/news/short-update- but-it-doesnt-end-in-jail. Lawsuit’, ACLU of North Carolina, 25 February german-court-allows-extension-pre-trial- 2021, www.acluofnorthcarolina.org/en/ 71 Council of Europe, COVID-19 Related Statement detention-if-hearings-are-delayed-due. prisonsettlement. by the Members of the Council for Penological 89 Amnesty International, Death Sentences Co-Operation Working Group (PC-CP WG), 55 Noel A. Vest, Oshea D. Johnson, Kathryn M. and Executions 2020, 2021, pp. 9-10. 17 April 2020. Nowotny, et al., ‘Prison population reductions 90 Ibid, p. 57. 72 Information provided by the Probation and and COVID-19: A latent profile analysis 91 ‘The Death Penalty in 2020: Year-End After-Care Service, Kenya, March 2021. synthesizing recent evidence from the Texas Report’, Death Penalty Information Center, state prison system’, medRxiv, Cold Spring 73 ‘Recidivism rate at all-time low; more inmates 22 December 2020. Harbor Laboratory Press, September 2020. serving part of jail term in community: 92 Amnesty International, Death Sentences Prison Service’, CNA, 4 February 2021, 56 ‘Depopulate, Single Cell, Test: Finding the and Executions 2020, 2021, pp. 9-10. evidence base for strategies to control www.channelnewsasia.com/news/singapore/ COVID-19 transmission in a large urban jail’, prison-recidivism-inmate-community-based- 93 Amnesty International, Death sentences Expert blog for Penal Reform International, programme-sps-14110318. and executions 2019, 21 April 2020. www.penalreform.org/blog/depopulate-single- 74 ‘Statistical data’, Parole and Probation 94 Ammar Maleki and Pooyan Tamimi Arab, cell-test. Administration, probation.gov.ph/quickstat. Iranians’ Attitudes Toward the Death Penalty: A 2020 Survey Report, The Group for Analyzing 57 ‘COVID-19, Prisons and Drug Policy: Global 75 Information provided by Stephen Pitts in March and Measuring Attitudes in Iran (GAMAAN), Scan - March-June 2020’, Harm Reduction 2021, based on data from the England & Wales October 2020, pp. 5 and 7. International, 17 June 2020. and Northern Ireland probation agencies. 95 ‘Saudi Arabia ends executions for crimes 58 ‘AG formulates guidelines to reduce prison 76 Esther Montero Perez de Tudela, ‘Telematic committed by minors, says commission’, BBC overcrowding’, Daily Mirror Online, 9 April Control and Semi-Freedom as a Response News, 27 April 2020, www.bbc.com/news/ 2020, www.dailymirror.lk/breaking_news/ to the Pandemic: The Spanish Penitentiary world-middle-east-52436335. AG-formulates-guidelines-to-reduce-prison- System Experience’, Victims & Offenders, overcrowding-due-to-COVID19/108-186430. Volume 15, Issue 7–8, October 2020, p. 9. 96 ‘Pakistan ends death penalty for prisoners with severe mental health problems’, The Guardian, 59 ‘Nigeria: Covid-19 - Prisons Reopen in 28 77 See ‘Penal supervision in a pandemic, by 12 February 2021, www.theguardian.com/ States, FCT, Admits 9,900 Inmates’, allAfrica. professor Fergus McNeill’, Confederation global-development/2021/feb/12/pakistan- com, 20 August 2020, allafrica.com/ of European Probation, 12 May 2020, ends-death-penalty-for-prisoners-with- stories/202008200117.html. www.cep-probation.org/penal-supervision- severe-mental-health-problems. 60 See Marcelo F. Aebi and Mélanie M. Tiago, in-a-pandemic-by-professor-fergus- Prisons and Prisoners in Europe in Pandemic mcneill/; ‘Mrs. Marija Kosović Tubić, Head 97 OSCE/ODIHR, The Death Penalty in the OSCE Times: An evaluation of the medium-term of the Probation Office in Osijek (Croatia) Area: Background Paper 2020, OSCE, October impact of the COVID-19 on prison populations, describes her experience working during 2020, p. 31. Council of Europe/UNIL, 10 November 2020. the COVID-19 pandemic’, Confederation of 98 Carole Berrih and Chow Ying Ngeow, Isolation European Probation, www.cep-probation.org/ 61 See July 2020 and January 2021 reports in: and desolation: Conditions of detention of knowledgebases/covid-19-probation-practice; Direction de l’Administration Pénitentiaire, people sentenced to death in Malaysia, ECPM/ ‘“Somehow we’re all on parole now”: work in Statistique des établissements des personnes ADPAN, 2020, p. 19. the Austrian probation service during Corona’, écrouées en France [Prison statistics in Confederation of European Probation, www. 99 ‘Will Drop In Saudi Executions Last?’, Reprieve, France], Ministry of Justice (France). cep-probation.org/knowledgebases/covid-19- 18 January 2021. 62 See, for example, ‘About the SAW (Supervision probation-practice. Around the World) Project’, SAW Project, sawproject.org/about-saw/.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 47 Endnotes

100 See ‘Impact of the Pandemic’ section in ‘The 118 ‘Opinion: Short prison terms for women 139 ‘Releasing 20,000+ people from prison Death Penalty in 2020: Year-End Report’, Death are ineffective – investment is needed in Bangladesh in 10 days – the view from Penalty Information Center, 22 December 2020, in rehabilitation’, The Independent, 11 a Judge’, Justice Imman Ali for Penal deathpenaltyinfo.org/facts-and-research/ February 2021, www.independent.co.uk/ Reform International, 11 June 2020, dpic-reports/dpic-year-end-reports/the- voices/prison-rehabilitation-women- www.penalreform.org/blog/releasing-20000- death-penalty-in-2020-year-end-report. investment-b1800521.html. people-from-prison-in-bangladesh-in. 101 ‘AP analysis: Federal executions likely a COVID 119 ‘COVID-19 and Prisoners’, Justice Project 140 UNICEF, Access to Justice for Children in superspreader’, AP News, 6 February 2021, Pakistan, www.jpp.org.pk/covid19-prisoners the era of COVID-19: Notes from the Field, apnews.com/article/public-health-prisons- [accessed 5 May 2021]. December 2020, p. 25. health-coronavirus-pandemic-executions-9c3 120 Kate Gauld, ‘Prisons in a Pandemic: The Malawi 141 Manfred Nowak, United Nations Global Study 55b58c78492613eedbf1c7c1fb42c. Experience’, in COVID-19 in the Global South: on Children Deprived of Liberty, 2019. 102 ‘Bénin : un nouveau code pénal, après 17 Impacts and Responses, Bristol University 142 Ibid., p. 44. ans d’attente’, JeuneAfrique, 8 June 2018, Press, 2020, pp. 57–58. www.jeuneafrique.com/575233/societe/ 143 Justice with Children, Operational Guidelines: 121 Norwegian Parliamentary Ombudsman, Social Workforce, June 2020, p. 5. benin-un-nouveau-code-penal-apres- Protecting prison inmates during the COVID-19 17-ans-dattente. pandemic, June 2020. 144 ‘Indigenous children 17 times more likely 103 ‘Nicaragua congress adopts life sentences; to go to jail than non-Indigenous youth’, 122 ‘Self-harm among women prisoners hits record The Guardian, 16 July 2020, www.theguardian. opposition opposes’, AP NEWS, 19 January high’, The Independent, 28 January 2021, 2021, apnews.com/article/constitutions- com/australia-news/2020/jul/16/nts- www.independent.co.uk/news/uk/home-news/ indigenous-young-people-43-times-more- latin-america-daniel-ortega-nicaragua-laws- women-prisoners-self-harm-b1794300.html. ae9ae981fc8523e56e4e9f1710efac4a. likely-to-go-to-jail-than-non-indigenous-youth. 123 NSRF/Irish Prison Service/Connecting for life, 145 Josh Rovner, Racial Disparities in Youth 104 Linklaters LLP, Sentencing of women Self-harm in Irish Prisons 2018: Second report convicted of drug-related crimes, Penal Reform Incarceration Persist, The Sentencing Project, from the Self-Harm Assessment and Data February 2021, pp. 8–9. International/Linklaters LLP/IDPC, 2020. Analysis (SADA) Project, July 2020. 105 Ashley Nellis, No End In Sight: America’s 146 Ministry of Justice (UK) and Youth Justice 124 DLA Piper, A global analysis of prisoner releases Board for England and Wales, Youth Justice Enduring Reliance on Life Imprisonment, in response to COVID-19, March 2021, p. 27. The Sentencing Project, 17 February 2021. Statistics 2019/20: England and Wales, 125 Information provided by Faraja Foundation, 28 January 2021, p. 43. 106 ‘Juvenile Life Without Parole: An March 2021. Overview’, The Sentencing Project, 147 Information collated by WHO, PRI and UNODC, www.sentencingproject.org/publications/ 126 ‘Gender Alert on COVID-19 in Afghanistan March 2021, unpublished. juvenile-life-without-parole. | Issue XIV: The Impact of COVID-19 on 148 Nayanah Siva, ‘Experts call to include prisons Women and Girls in Prisons and Detention in COVID-19 vaccine plans’, The Lancet, Volume 107 Information received from Dr Vadym Chovgan, Settings’, UN Women | Asia and the Pacific, human rights lawyer, November 2020, as per 396, Issue 10266, Elsevier, December 2020, asiapacific.unwomen.org/en/digital-library/ p. 1870. letter from the Ministry of Justice of Ukraine, publications/2020/08/gender-alert-on-covid- State Institution ‘Center for Health Care of 19-in-afghanistan-issue-xiv [accessed 18 149 Written evidence from the Ministry of Justice, the State Penitentiary System’, 27.11.2020, March 2021]. Department of Health and Social Care, Public No. 5230/05-20, received through an official Health England, NHS England and Improvement, information request. 127 ‘In prison, with periods and no pads: life 2020, committees.parliament.uk/ in a Thai jail’, Reuters, 26 November 2020, publications/1740/documents/16889/default. 108 European Court of Human Rights, Shlykov and www.reuters.com/article/us-thailand-prison- Others v. Russia, Applications nos. 78638/11 and women-trfn-idUSKBN2861HT. 150 Byron S. Kennedy, Robert P. Richeson and 3 others, 19 January 2021. Amy J. Houde, ‘Risk Factors for SARS-CoV-2 128 ‘Period poverty in prisons: ensuring menstrual in a Statewide Correctional System’, New hygiene and dignity in India’, Anju Anna John for England Journal of Medicine, Volume 383, Penal Reform International, 16 February 2021, Issue 25, Massachusetts Medical Society, PART THREE www.penalreform.org/blog/period-poverty-in- December 2020. prisons-ensuring-menstrual-hygiene-and. Prison populations 151 Advocacy briefing on the inclusion of prisons 129 Information provided by the Child Rights in national COVID-19 vaccination plans, to be 109 PRI analysis of data collected by UNODC, International Network (CRIN), March 2021. published jointly by WHO, PRI and UNODC in available at: ‘dataUNODC’, dataunodc.un.org, NB: There are some countries that do not have May 2021. [accessed 29 March 2021]. an absolute lower minimum age of criminal responsibility. Data is based on the lowest age 152 ‘The pandemic is boosting efforts to get 110 Prison Policy Initiative, Mapping disadvantage: at which a child can be charged and convicted the old out of prison’, The Economist, The geography of incarceration in New York of a criminal offence within the criminal justice 7 September 2020, www.economist.com/ State, February 2020. system, rather than how the term is used in the international/2020/09/07/the-pandemic-is- 111 World Health Organization, Prisons and national legal system. boosting-efforts-to-get-the-old-out-of-prison. Health, 2014. 130 Manfred Nowak, Global study on children 153 Ibid. 112 Open Society Foundation, Presumption of Guilt: deprived of liberty. Report to the UN General 154 ‘Historical sex offences lead to rise in The Global Overuse Of Pretrial Detention, 2014. Assembly, A/74/136, United Nations, older prisoners’, BBC News, 14 July 2020, 11 July 2019. 113 ‘Young adult men in prison: the case for a www.bbc.com/news/uk-scotland-53403860. dedicated approach’, Tiegan Mercer for Penal 131 Human Rights Watch, World Report 2021, 155 ‘OAPs serving jail time hits new high Reform International, 23 November 2020, 13 January 2021, p. 60. as law catches up with decade-old www.penalreform.org/blog/young-adult-men- 132 ‘“It’s just too long”: children in detention offenders’, Express.co.uk, 10 January 2021, in-prison-the-case-for. may face Covid-19 restrictions until 2022’, www.express.co.uk/news/uk/1382094/oaps- 114 ‘Addressing the 105,000 increase in the global The Guardian, 21 July 2020, www.theguardian. jailed-murder-charges-manslaughter-figures- female prison population, ten years after the com/global-development/2020/jul/21/its-just- record-high. Bangkok Rules were adopted’, Tríona Lenihan too-long-children-in-detention-may-face- 156 House of Commons Justice Committee, Ageing for Penal Reform International, 10 December covid-19-restrictions-until-2022. prison population: Fifth Report of Session 2020, www.penalreform.org/blog/addressing- 133 UNICEF, Access to Justice for Children in 2019-2021, HC 304, July 2020. the-105000-increase-in-the-global-female. the era of COVID-19: Notes from the Field, 157 Ibid. December 2020. 115 ‘Human rights leaders call for full 158 ‘BOP Statistics: Average Inmate Age’, Federal implementation of the UN Bangkok Rules’, 134 Ibid. Bureau of Prisons, www.bop.gov/about/ Penal Reform International, 10 December 135 See the Alliance for Child Protection in statistics/statistics_inmate_age.jsp [accessed 2020, www.penalreform.org/news/human- 4 March 2021]. rights-leaders-call-for-full-implementation- Humanitarian Action, Technical Note: of; Penal Reform International with 82 Protection of Children during the Coronavirus 159 Department of Corrections of Thailand, organisations, Joint Call to Action to implement Pandemic, Version 2, May 2020; ‘UNODC, database of convicted prisoners as of 1 the UN Bangkok Rules, 10 December 2020. WHO, UNAIDS and OHCHR joint statement on December 2020 www.correct.go.th/rt103pdf/ COVID-19 in prisons and other closed settings’, report_result_rt103.php?date=01-12-2020 116 Cyrus R. Vance Center for International WHO, 13 May 2020, www.who.int/news/ [accessed 22 March 2021]. Justice and AdvocAid, Woman Wahala Na item/13-05-2020-unodc-who-unaids-and- 160 See judgments of the European Court of Prison – Causes and Consequences of Women’s ohchr-joint-statement-on-covid-19-in-prisons- Human Rights in cases Farbtuhs v. Latvia, Imprisonment in Sierra Leone, August 2020. and-other-closed-settings. par. 60; Kaprykowski v. Poland of 3 February 117 Australian Institute of Health and Welfare, 136 DLA Piper, A global analysis of prisoner releases 2009, no. 23052/05, par. 74; D. G. v. Poland, The health and welfare of women in in response to COVID-19, March 2021, p. 38. par. 147; Grimailovs v. Latvia of 25 June 2013, Australia’s prisons, Australian Government, 137 Ibid., p. 7. no. 6087/03, par. 161; Semikhvostov v. Russia, 17 November 2020. par. 84. 138 Justice with Children, Accelerate Release of Children from Detention; Protect Children from 161 See ‘Prisoners’ Rights’, American Civil Liberties COVID-19, 12 June 2020, p. 13. Union, www.aclu.org/issues/prisoners-rights.

48 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Endnotes

162 ‘Proporção de negros nas prisões cresce 177 ‘Prisons in Austria during Covid-19 – 195 Byron S. Kennedy, Robert P. Richeson and Amy 14% em 15 anos, enquanto a de brancos cai Special focus on foreign nationals’, 2020, J. Houde, ‘Risk Factors for SARS-CoV-2 in a 19%, mostra Anuário de Segurança Pública www.europris.org/news/prisons-in-austrian- Statewide Correctional System’, New England [Proportion of Black persons in prisons during-covid-19-special-focus-on-foreign- Journal of Medicine, Volume 383, Issue 25, grows by 14% in 15 years, while that of White nationals-2020. Massachusetts Medical Society, December people falls by 19%, shows the Public Security 178 Ibid. 2020, p. 2479. Yearbook]’, G1, 19 October 2020, g1.globo.com/ 179 Data available online at: ‘Dossier: ‘Morire 196 Brendan Saloner, Kalind Parish, Julie A. Ward, sp/sao-paulo/noticia/2020/10/19/em-15-anos- et al., ‘COVID-19 Cases and Deaths in Federal proporcao-de-negros-nas-prisoes-aumenta- di carcere’’, www.ristretti.it/areestudio/ disagio/ricerca. and State Prisons’, JAMA, Volume 324, Issue 6, 14percent-ja-a-de-brancos-diminui-19percent- August 2020. mostra-anuario-de-seguranca-publica.ghtml. 180 Lucas Ramón Mendos, Kellyn Botha, Rafael 197 Nayanah Siva, ‘Experts call to include prisons 163 See, for example: ‘Health Equity Carrano Lelis, et al., State-Sponsored Homophobia 2020: Global Legislation Overview in COVID-19 vaccine plans’, The Lancet, Volume Considerations & Racial & Ethnic Minority 396, Issue 10266, Elsevier, December 2020. Groups’, Centers for Disease Control Update, ILGA World, December 2020. and Prevention (CDC), 11 February 2020, 181 Human Right Council, Report of the 198 WHO Regional Office for Europe, Preparedness, www.cdc.gov/coronavirus/2019-ncov/ Independent Expert on protection against prevention and control of COVID-19 in prisons community/health-equity/race-ethnicity.html. violence and discrimination based on sexual and other places of detention: interim guidance, orientation and gender identity (A/HRC/41/45), 8 February 2021, World Health Organisation 164 Office of the Correctional Investigator, (WHO), 8 February 2021. COVID-19 Update for Federal Corrections – June 14 May 2019. 19, 2020, Government of Canada, 19 June 2020. 182 International Drug Policy Consortium and 199 Rodrigo de Oliveira Andrade, ‘Covid-19: Prisons exposed in Brazil’s crisis’, BMJ 2020, Volume 165 UN Office of the High Commissioner for others, Trans women deprived of liberty: Invisible stories behind bars, April 2020, p. 18. 370, British Medical Journal Publishing Group, Human Rights (OHCHR), Racial discrimination July 2020. in the context of the COVID-19, United Nations, 183 UNDP and UNODC, Mapping of Good Practices 22 June 2020. for the Management of Transgender Prisoners, 200 Lina Marmolejo, Daniela Barberi, Marcelo 2020, p. 8. Bergman, et al., ‘Responding to COVID-19 166 Fourteenth United Nations Congress on Crime in Latin American Prisons: The Cases of Prevention and Criminal Justice, Developments 184 ‘Mais de 10 mil presos se autodeclaram Argentina, Chile, Colombia, and Mexico’, regarding crime prevention and criminal justice LGBTI no Brasil [More than 10 thousands Victims & Offenders, Volume 15, Issue 7–8, as a result of the coronavirus disease (COVID-19) prisoners declare themselves LGBTI in Brazil]’, Routledge, October 2020. pandemic, Working paper prepared by the Departamento Penitenciário Nacional, 12 Secretariat, A/CONF.234/15, 15 December March 2020, antigo.depen.gov.br/DEPEN/ 201 ‘Shortage of medical staff puts Indian prisoners 2020, mais-de-10-mil-presas-se-autodeclaram- at high risk of covid-19’, Mint, 20 July 2020, www.livemint.com/news/india/shortage-of- 167 ‘Europe: COVID-19 lockdowns expose racial lgbti-no-brasil; Department for the Promotion of LGBT Rights, LGBT nas prisões do Brasil: medical-staff-puts-indian-prisoners-at-high- bias and discrimination within police’, Amnesty risk-of-covid-19-11595248789662.html. International, 24 June 2020, www.amnesty. diagnóstico dos procedimentos institucionais org/en/latest/news/2020/06/europe- e experiencias de encarceramento [LGBT in 202 Tata Trusts, India Justice Report 2020, January covid19-lockdowns-expose-racial-bias-and- Brazilian prisons: mapping of institutional 2021, p. 49. discrimination-within-police. procedures and experiences of incarceration], 203 Rodrigo de Oliveira Andrade, ‘Covid-19: Prisons Ministry of Women, Family and Human Rights exposed in Brazil’s crisis’, BMJ 2020, Volume 168 ‘Aboriginal people in prison and out-of-home (Brazil), February 2020. care suffering under “punitive” Covid-19 370, British Medical Journal Publishing Group, restrictions’, The Guardian, 27 May 2020, 185 UN Office of the High Commissioner for Human July 2020. www.theguardian.com/australia-news/2020/ Rights (OHCHR), COVID-19 and the Human 204 ‘Should Prisoners Have to Pay For Medical Care may/27/aboriginal-people-in-prison-and-out- Rights Impact of LGBTI People, United Nations, During a Pandemic?’, The Marshall Project, of-home-care-suffering-under-punitive-covid- 17 April 2020. 2 November 2020, www.themarshallproject. 19-restrictions. 186 ‘Uganda LGBT Shelter Residents Arrested org/2020/11/02/should-prisoners-have-to- on COVID-19 Pretext’, Human Rights Watch, pay-for-medical-care-during-a-pandemic. 3 April 2020, www.hrw.org/news/2020/04/03/ 205 ‘Will Covid-19 relieve overcrowding of uganda-lgbt-shelter-residents-arrested-covid- correctional facilities?’, Korea Biomedical PART FOUR 19-pretext. Review, 4 February 2021, www.koreabiomed. Prison management 187 ‘285 casos de discriminación a población LGBTI com/news/articleView.html?idxno=10366. en prisión en 2019 [285 cases of discrimination 206 Joana Apóstolo, Rita Martins and Pedro das 169 ‘COVID-19 in prisons - Presentation by Roxanne of the LGBTI prison population in 2019]’, Neves, COVID-19 Pandemic Response. A Guide Moore, Executive Officer of the National El Tiempo, 30 June 2020, www.eltiempo.com/ for Decision-Makers on Worldwide Practices and Aboriginal and Terres Strait Islander Legal justicia/investigacion/barreras-que-persisten- Recommendations, Innovative Prison Systems Services (NATSILS)’, mspgh.unimelb.edu. para-derechos-lgbti-en-carceles-informe- (IPS), 1 April 2020, p. 39. au/__data/assets/pdf_file/0005/3607817/ defensoria-512888. 207 ‘The unknown impact of COVID-19 on the Roxanne-Moore-NATSILS-ppt.pdf [accessed 188 International Drug Policy Consortium and on 23 March 2021]. health of prisoners’, Leigh Day, 5 November others, Trans women deprived of liberty: 2020, www.leighday.co.uk/latest-updates/ 170 PrisonWatch, Percentage and Total Number Invisible stories behind bars, April 2020, p. 19. blog/2020-blogs/the-unknown-impact-of- FNP Worldwide 2020-2015-2010-2005, 2020. 189 Information collated by WHO, PRI and UNODC, covid-19-on-the-health-of-prisoners/. 171 Marcelo F. Aebi and Mélanie M. Tiago, Prisons March 2021, unpublished. 208 Presentation by representative of Her Majesty’s and Prisoners in Europe 2020:Key Findings of 190 ‘COVID-19 and Prisoners’, Justice Project Inspectorate of Prisons at the International the SPACE I report, April 2021, p. 5. Pakistan, www.jpp.org.pk/covid19-prisoners/ Committee of the Red Cross’, online panel 172 See ‘Figures’ at: ‘Foreign prisoners’, [accessed 5 May 2021]. discussion on ‘COVID-19 in Prisons: Keeping PrisonWatch, prisonwatch.org/foreign- 191 Ibid. Them Safe’, 25 November 2020. prisoners/. 192 Rodrigo de Oliveira Andrade, ‘Covid-19: Prisons 209 ‘Statement by the UN expert on the right 173 For Argentina, data provided by CELS, exposed in Brazil’s crisis’, BMJ 2020, Volume to health on the protection of people who February 2021. For Europe, see Marcelo F. Aebi 370, British Medical Journal Publishing Group, use drugs during the COVID-19 pandemic’, and Mélanie M. Tiago, Prisons and Prisoners in July 2020. OHCHR, 16 April 2020, www.ohchr.org/ Europe 2020:Key Findings of the SPACE I report, en/NewsEvents/Pages/DisplayNews. April 2021, p. 6. 193 EuroPris, Overview of European prison services’ aspx?NewsID=25797&LangID=E. responses to the COVID-19 crisis (4th edition): 174 BBC “เรือนจำ�หญิงกลางใช้ «ปัญญา Period September – November 2020, 210 Harm Reduction International (HRI), The Global บำ�บัด» ช่วยผู้ต้องขังต่างชาติให้เป็น 16 November 2020. State of Harm Reduction 2020, 2020. อิสระทางใจ”, 25 January 2019, www.bbc. 211 Harm Reduction International (HRI) and com/thai/thailand-46982999. 194 Rates calculated on 7 March 2021 with the most current data from Justice Project International Drug Policy Consortium 175 Coletta A. Youngers, Teresa García Castro Pakistan (for COVID-19 cases among people (IDPC), Report to OHCHR on ‘human rights and Maria (Kiki) Manzur, Women Behind Bars in prison) and the World Prison Brief database in the administration of justice’, pursuant to for Drug Offenses in Latin America: What the (from prison population totals), available Resolution 42/11, 11 January 2021, p. 4. Numbers Make Clear, The Washington Office on at: ‘COVID-19 and Prisoners’, Justice Project 212 International Drug Policy Consortium (IDPC), Latin America (WOLA), November 2020, p. 18. Pakistan, www.jpp.org.pk/covid19-prisoners/; Penal Reform International (PRI) and others, 176 ‘Report: FD 909 expert meeting’, EuroPris, and ‘Highest to Lowest - Prison Population Prisons and COVID-19: Lessons from an ongoing September 2020, www.europris.org/ Total’, World Prison Brief Database (Institute crisis, March 2021. file/report-fd-909-expert-meeting- for Crime & Justice Policy Research), september-2020/. www.prisonstudies.org/highest-to-lowest/ prison-population-total?field_region_ taxonomy_tid=All.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 49 Endnotes

213 ‘Introducing telemedicine in penitentiary 230 UNODC and UN Development Programme 247 See Amnesty International, COVID-19 system in Armenia’, Council of Europe, (UNDP), Guidance Note: Ensuring Access to crackdowns: Police abuse and the global 29 January 2021, www.coe.int/en/web/ Justice in the Context of COVID-19, United pandemic, ACT 30/3443/2020, 17 December criminal-law-coop/home/-/asset_publisher/ Nations, May 2020, p. 8. 2020; and ‘COVID-19 Civic Freedom Tracker’, QOLWGxJlgeI1/content/introducing- 231 Child Rights Connect Working Group ICNL, www.icnl.org/covid19tracker/ [accessed telemedicine-in-penitentiary-system-in- on Children of Incarcerated Parents, 18 March 2021]. armenia. published with Penal Reform International, 248 Marcelo Bergman, Fernando Cafferata and 214 Paul R. S. Burton, Nathaniel P. Morris and Covid-19 and the Rights of Children of Julio Ambrogi, The Effects of Coronavirus Matthew E. Hirschtritt, Mental Health Services Parents who are Incarcerated: Impacts in Prisons in Latin America, UNTREF-CELIV, in a U.S. Prison During the COVID-19 Pandemic, and Recommendations, 2020. June 2020. 2020. 232 European Committee for the Prevention of 249 See, for example ‘Covid rules in 215 Irish Penal Reform Trust (IPRT), Progress in the Torture and Inhuman or Degrading Treatment prisons blocking rehabilitation, say UK Penal System (PIPS). Assessing progress during (CPT), Statement of principles relating to the campaigners’, The Guardian, 4 October 2020, a pandemic, 2020, p. 83. treatment of persons deprived of their liberty www.theguardian.com/society/2020/oct/04/ 216 Office of the Inspector of Prisons/Maynooth in the context of the coronavirus disease covid-rules-in-prisons-blocking-rehabilitation- University Department of Law, Ameliorating (COVID-19) pandemic, CPT/Inf (2020) 13, Council say-uk-campaigners. the impact of cocooning on people in custody – of Europe, 20 March 2020. 250 ‘COVID-19 Extends Sentences for Some a briefing, 20 July 2020, p. 5. 233 Association for the Prevention of Torture (APT) Incarcerated People’, Pew Charitable Trusts, 217 Advocacy briefing on the inclusion of prisons and OSCE Office for Democratic Institutions 20 January 2021, pew.org/3qyGJpX. in national COVID-19 vaccination plans, to and Human Rights, Guidance: Monitoring 251 Council of Europe, COVID-19 Related Statement be published jointly by WHO, PRI and UNODC Places of Detention through the COVID-19 by the Members of the Council for Penological in May 2021. Pandemic, 2020. Co-Operation Working Group (PC-CP WG), 218 ‘Covid-19 in prisons: why prioritising staff 234 ‘Protecting human rights in COVID-19: 17 April 2020. and prison populations for vaccination Detention Monitoring in Georgia’, Penal 252 ‘Coders behind bars: The prisoners training matters’, Gabrielle Beaudry, Daniel Whiting and Reform International, 1 June 2020, for future tech jobs’, World Economic Seena Fazel for Penal Reform International, www.penalreform.org/blog/protecting-human- Forum, 17 December 2020, www.weforum. www.penalreform.org/blog/covid-19-in- rights-in-covid-19-detention-monitoring. org/agenda/2020/12/prisoners-training- prisons-why-prioritising-staff-and. 235 HM Inspectorate of Prisons, What happens for-tech-jobs. 219 ‘Secretary-General’s Message to the Opening to prisoners in a pandemic? February 2021. 253 International Drug Policy Consortium, Penal of the 46th Regular Session of the Human 236 Information collected in 2020 by the Vance Reform International and others, Prisons and Rights Council’, United Nations Secretary- Center for International Justice and Penal COVID-19: Lessons from an ongoing crisis, General, 22 February 2021, www.un.org/ Reform International with the ‘Women in Prison March 2021. sg/en/content/sg/statement/2021-02-22/ Network’ that brings together women with 254 ‘No Photo ID, No Services: Coronavirus secretary-generals-message-the-opening- lived experience of prison and advocates from Poses Steep Hurdles After Prison’, of-the-46th-regular-session-of-the-human- 21 countries convened by the Vance Center The Marshall Project, 26 May 2020, rights-council-delivered-scroll-down-for-all- for International Justice. www.themarshallproject.org/2020/05/26/ english-and-french. 237 Defensoria Pública do Estado do Rio de no-photo-id-no-services-coronavirus-poses- 220 Information collated by WHO, PRI and UNODC, Janeiro, Proceedings of the 4th International steep-hurdles-after-prison. March 2021, unpublished. Conference on Access to Legal Aid in Criminal 255 ‘Proving who I am: the plight of people in 221 ‘Effects of solitary confinement on mental and Justice Systems (ILAC), September 2020. detention without proof of legal identity’, physical health’, MedicalNewsToday, 7 August 238 Comité Nacional para la Prevención de la Vicki Prais for Penal Reform International, 2020, www.medicalnewstoday.com/articles/ Tortura (CNPT Argentina), Estado de situación www.penalreform.org/blog/proving-who-i-am- solitary-confinement-effects. de las personas privadas de libertad (PPL) the-plight-of-people/. 222 Unlock the Box/Solitary Watch, Solitary durante el período de emergencia sanitaria por 256 House of Commons Justice Committee, Ageing Confinement is Never the Answer, June 2020. el COVID-19 al 28/12/2020 [Situation of people prison population: Fifth Report of Session deprived of liberty during the COVID-19 health 2019-2021, HC 304, House of Commons, 223 See also: Penal Reform International, emergency, as of 28 December 2020], 2021. Coronavirus: Preventing harm and human rights July 2020, footnote 18. violations in criminal justice systems, July 239 See ‘COVID-19: Mapping cases of excessive use 257 EuroPris, Overview of European prison services’ 2020; OHCHR and WHO, Interim Guidance - of force by law enforcement’, Omega Research responses to the COVID-19 crisis (4th edition): COVID-19: Focus on Persons Deprived of Their Foundation, 2020, omegaresearchfoundation. Period September – November 2020, Liberty, UN Inter-Agency Standing Committee org/resources/covid-19-mapping-cases- 16 November 2020. excessive-use-force-law-enforcement. (IASC), March 2020. 258 ‘Maharashtra Prisoner Released on Parole 224 Expert Network on External Prison Oversight 240 Amnesty International, COVID-19 crackdowns: Says Jails Unprepared to Handle COVID-19 and Human Rights, Adapting to Covid-19: Police abuse and the global pandemic, ACT Pandemic’, The Wire, 30 March 2020, Medical Isolation and Quarantine in Prison 30/3443/2020, 17 December 2020, p. 17. thewire.in/rights/maharashtra-prisons-covid- During a Pandemic, International Corrections 241 ‘Sri Lankan prison riot leaves 8 inmates dead, 19-pandemic. and Prisons Association (ICPA), October 2020. 59 injured’, AP NEWS, 29 November 2020, 259 Data taken from: ‘COVID-19 in Prisons Map’, 225 Dirk van Zyl Smit and Harvey Slade, What’s new apnews.com/article/prisons-sri-lanka-prison- ICPA, icpa.org/c19-in-prisons-map/. PRI in the 2020 European Prison Rules? Innovative riots-coronavirus-pandemic-colombo-01e45b6 counted all countries (not agencies) with provisions on separation, solitary confinement, 6b18992213b57d98f09423ab9. officially reported staff cases on 3 March and other prison practices, Council of 242 Guillermo E. Sanhueza, Francisca Pérez, 2021. At least 25 additional countries have Europe, 2020. Jessica Candia, et al., ‘Inmate-on-Inmate not provided any information on staff cases. 226 ‘COVID-19 in Correctional Facilities: Medical Prison Violence in Chile: The Importance 260 As of 2 March 2021: 1,900 cumulative cases Isolation’, Amend, April 2020, amend.us/covid- of the Institutional Context and Proper for a total of 18,595 staff, a cumulative 19-in-correctional-facilities-medical-isolation. Supervision’, Journal of Interpersonal Violence, rate of 10,218 cases per 100,000. For the February 2020. 227 Sharon Shalev, Time for a paradigm shift: number of COVID-19 cases, see ‘Covid-19 A follow up review of Seclusion and Restraint 243 See, for example, HM Inspectorate of Prisons, Establecimientos INPEC’, Instituto Nacional Practices in New Zealand, New Zealand Human What happens to prisoners in a pandemic?, Penitenciario y Carcelario (INPEC), www.inpec. Rights Commission, December 2020. February 2021. gov.co/covid-19-establecimientos-inpec [accessed 2 March 2021]; for the total number 228 See Marcelo Bergman, Diego Massello 244 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment of staff Instituto Nacional Penitenciario y and Christian Arias, Delito, marginalidad y Carcelario (INPEC), Informe de Gestión 2020 desempeño institucional en la Argentina: (CPT), Report to the Ukrainian Government on the visit to Ukraine carried out from 4 to [Management Report 2020], 31 January Resultados de la encuesta de presos 2021, p. 40. condenados [Crime, marginalization and 13 August 2020, CPT/Inf (2020) 40, Council institutional performance in Argentina: of Europe, 15 December 2020. Results of the survey of convicted prisoners], 245 UN Committee against Torture (CAT), UNTREF-CELIV, 2014; cited in: Lina Marmolejo Concluding observations on the fifth periodic et al., ‘Responding to COVID-19 in Latin report of Uzbekistan, CAT/C/UZB/CO/5, United American Prisons: The Cases of Argentina, Nations, 14 January 2020. Chile, Colombia, and Mexico’, Victims & 246 Inter-American Commission on Human Offenders, Volume 15, Issue 7–8, Routledge, Rights (IACHR), Persons deprived of liberty October 2020. in Nicaragua in connection with the human 229 Lukas M Muntingh, ‘Africa, Prisons and rights crisis that began on April 18, 2018, COVID-19’, Journal of Human Rights Practice, OEA/Ser.L/V/II. Doc. 287, Organization of Volume 12, Issue 2, December 2020. American States (OAS), 5 October 2020.

50 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 Endnotes

261 As of 31 December 2020: 7,635 cumulative 273 ‘Baisse de la population carcérale, un modèle 292 Radicalisation Awareness Network (RAN), cases for a total of 50,185 staff, a cumulative à long terme ? [Decreasing prison population: RAN Spotlight December 2020: Prisons rate of 15,214 cases per 100,000. For the a long-term model?]’, La Croix, 19 May Rehabilitation and Reintegration, European number of cases, see ‘HMPPS COVID-19 2020, www.la-croix.com/France/Securite/ Commission, December 2020. experimental statistics annex: 31 Baisse-population-carcerale-modele-long- 293 UNODC, Global Joint Initiative on Preventing January 2021’, GOV.UK, 18 February 2021, terme-2020-05-19-1201095084. Violent Extremism in Prisons Continues Support www.gov.uk/government/statistics/her- 274 Marcelo F. Aebi and Mélanie M. Tiago, SPACE I During COVID-19, October 2020. majestys-prison-and-probation-service- - 2019 - CoE Annual Penal Statistics: Prison 294 Ibid. workforce-quarterly-december-2020/ populations, Council of Europe, 2020, p. 85. hmpps-covid-19-experimental-statistics- 295 ‘Turkey: COVID-19 Puts Sick Prisoners at annex-31-january-2021; for the total number 275 Human Rights Commission of Sri Lanka, Prison Grave Risk’, Human Rights Watch, 3 April 2020, of staff, see ‘Her Majesty’s Prison and Study, January 2020, p. viii. www.hrw.org/news/2020/04/03/turkey-covid- Probation Service workforce quarterly: 276 International Consulting Expertise (ICE), 19-puts-sick-prisoners-grave-risk. December 2020’, GOV.UK, 18 February 2021, Mission d’évaluation des besoins en personnel 296 UN Special Procedures, Commentaires et www.gov.uk/government/statistics/her- pénitentiaire et la conception d’une carte suggestions à propos du projet de loi sur les majestys-prison-and-probation-service- pénitentiaire [Evaluation of the penitentiary mesures policières de lutte contre le terrorisme workforce-quarterly-december-2020/ personnel needs and conception of a [Comments and suggestions regarding the draft her-majestys-prison-and-probation-service- penitentiary map], 2020, p. 12. law on police measures in countering terrorism], workforce-quarterly-december-2020. 277 Brian Sonenstein, ‘All 50 States Report Prison United Nations, 26 May 2020, p. 4. 262 As of 1 March 2021: 7,146 cumulative cases Understaffing’, Prison Legal News, Volume 31, 297 ‘Switzerland’s new “terrorism” definition sets for a total of 38,121, a cumulative rate of Issue 4, April 2020, p. 14. a dangerous precedent worldwide, UN human 18,746 cases per 100,000. For the number 278 ‘Audit: Staff shortages, failure to track rights experts warn’, OHCHR, 11 September of cases, see ‘COVID-19 Cases’, Department assaults add to danger in Minnesota 2020, www.ohchr.org/EN/NewsEvents/Pages/ of Correctional Services (South Africa), prisons’, Star Tribune, 26 February 2020, DisplayNews.aspx?NewsID=26224&LangID=E. www.dcs.gov.za [accessed 1 March 2021]; for www.startribune.com/audit-staff-shortages- the total number of staff, see Department of 298 Department of the Attorney General, failure-to-track-assaults-contribute-to- Correctional Services (South Africa), Annual Department of Justice Enforcement Actions danger-in-minnesota-prisons/568208782. Report 2019/2020, November 2020, p. 105. Related to COVID-19, US Department of Justice, 279 Office of the Auditor General, Report of the 24 March 2020. 263 WHO Regional Office for Europe, Internal WHO Auditor General on the Financial Statements Regional Office for Europe Weekly Bulletin 299 ‘Coronavirus: Two charged with terror of Uganda Prisons Service for the Year #36, data period (30 Jan-5 Feb), World Health offences over threats to spread COVID-19’, Ended 30th June 2017, Republic of Uganda, Organisation (WHO), 8 February 2021. Sky News, 10 April 2020, news.sky.com/ September 2018, p. 5. story/coronavirus-two-charged-with- 264 ‘Convicted prisoners must be prioritised for 280 Ministry of Public Service, Salary Structure terror-offences-over-threats-to-spread- vaccination. Some must be released’, CapeTalk, for 2016/2017 Financial Year: Schedule 3-6, covid-19-11970802. 30 December 2020, www.capetalk.co.za/ Republic of Uganda, 2017, p. 3. For the financial articles/405120/convicted-prisoners-must- 300 ‘Average sentence for individuals jailed for year 2020/2021, the entry salary for prison be-prioritised-for-covid-19-vaccination-some- terrorist offences in the European Union as warders has increased to UGX 466,933 per must-be-released. of 2019, by EU member state’, Statista, June month, but the median monthly wage of public 2020, www.statista.com/statistics/746570/ 265 Data combined from reports by SPACE, employees is not yet available to provide terrorism-jail-sentence-length-eu. EuroPris and the HMPPS; see: Marcelo F. Aebi a meaningful comparison. and Mélanie M. Tiago, Prisons and Prisoners 301 ‘Dans les prisons françaises, le défi de la prise 281 Uganda Bureau of Statistics (UBOS), Uganda in Europe in Pandemic Times: An evaluation en charge des détenus radicalisés [In French National Household Survey 2016/2017 Report, of the medium-term impact of the COVID-19 prisons, the challenges of the management Republic of Uganda, 2018, p. 54. on prison populations, Council of Europe/ of radicalised detainees]’, Le Monde, UNIL, 10 November 2020; EuroPris, COVID-19 282 Department of Correctional Services 12 November 2020, www.lemonde.fr/societe/ Feedback collection: 6 January 2021, 6 January (South Africa), Annual Report 2019/2020, article/2020/11/12/dans-les-prisons-le- 2021; ‘HMPPS COVID-19 experimental statistics November 2020, p. 102. defi-de-la-prise-en-charge-des-detenus- annex: 31 January 2021’, GOV.UK, 18 February 283 See Georgian Centre for Psychosocial And radicalises_6059403_3224.html. 2021, www.gov.uk/government/statistics/ Medical Rehabilitation of Torture Victims 302 See Amnesty International, ‘What do I care if her-majestys-prison-and-probation-service- and Penal Reform International, Prison Staff you die?’ Negligence and denial of health care workforce-quarterly-december-2020/hmpps- Satisfaction Survey, April 2020. in the Egyptian prisons, MDE 12/3538/2021, covid-19-experimental-statistics-annex-31- January 2021. january-2021. 284 Human Rights Commission of Sri Lanka, Prison Study, January 2020, p. iv. 266 See ‘Staff cases’ at: ‘A State-by-State Look at Coronavirus in Prisons’, 285 ‘Since you asked: Is it me, or is the government The Marshall Project, updated 29 April 2021, releasing less data about the criminal justice PART FIVE system?’, Prison Policy Initiative, 14 November www.themarshallproject.org/2020/05/01/ Role and use of technologies a-state-by-state-look-at-coronavirus-in-prisons. 2019, www.prisonpolicy.org/blog/2019/11/14/ criminal-justice-data. 267 Joana Apóstolo, Rita Martins and Pedro das 303 ‘Jails Turn to UVC Robots To Fight Neves, COVID-19 Pandemic Response. A Guide 286 Abdorrahman Boroumand Center for Human Coronavirus’, The Marshall Project, 13 May 2020, for Decision-Makers on Worldwide Practices and Rights in Iran, COVID-19 Fear in Iran’s Prisons: www.themarshallproject.org/2020/05/13/jails- Recommendations, Innovative Prison Systems Iran Must Do More to Protect Prisoners, Summer turn-to-uvc-robots-to-fight-coronavirus. 2020 Update, 2 September 2020. (IPS), 1 April 2020. 304 ‘Rights of judicial proceedings’ participants 268 ‘Indonesian prisoners produce protective 287 ‘COVID-19’, TotalAnalysis, 10 December 2020, must be protected in Tunisia following gear to combat COVID-19’, The Jakarta www.totalanalysis.com/Covid19/TAAlerts. COVID-19 lockdown’, International Commission Post, 9 April 2020, www.thejakartapost. 288 ‘Hallazgos preliminares de la Misión Virtual: of Jurists, 8 June 2020. com/news/2020/04/08/indonesian- La tortura y la impunidad se agudizan en 305 UN Committee on the Elimination of prisoners-produce-protective-gear-to- tiempos de pandemia [Preliminary findings of Racial Discrimination (CERD), General combat-covid-19.html. the Virtual Mission: Torture and impunity are recommendation no. 36: Preventing and 269 Abdorrahman Boroumand Center for Human exacerbated in times of pandemic]’, OMCT, Combating Racial Profiling by Law Enforcement Rights in Iran, COVID-19 Fear in Iran’s Prisons: 12 February 2021, www.omct.org/es/recursos/ Officials, CERD/C/GC/36, United Nations, Iran Must Do More to Protect Prisoners, Summer declaraciones/la-tortura-y-la-impunidad-se- 24 November 2020. 2020 Update, 2 September 2020. agudizan-en-tiempos-de-pandemia-hallazgos- preliminares-de-la-misión-virtual. 306 Ibid. 270 ‘Malawi police clash with prison guards over 307 EuroPris, Videolink - Maximising Resources PPEs, promotions’, The Observer, 27 April 2020, 289 ‘Coronavirus stalks cells of Cameroon’s crowded prisons’, Reuters, 9 July 2020, for Service Delivery, M. O’Mahoney, EuroPris, observer.ug/news/headlines/64503-malawi- 11 November 2020. police-clash-with-prison-guards-over-ppes- www.reuters.com/article/us-health- promotions. coronavirus-cameroon-prisons-i- 308 EuroPris, Impact of COVID-19 on the use of idUSKBN24A0QZ. Technology. Panel Discussion, 11 November 271 See Joana Apóstolo, Rita Martins and Pedro 2020. das Neves, COVID-19 Pandemic Response. 290 DLA Piper, A global analysis of prisoner releases A Guide for Decision-Makers on Worldwide in response to COVID-19, March 2021, p. 10. 309 International Commission of Jurists (ICJ), Practices and Recommendations, Innovative 291 UN Security Council Counter-Terrorism Videoconferencing, Courts and COVID-19: Prison Systems (IPS), 1 April 2020. Committee Executive Directorate, The impact Recommendations Based on International Standards, November 2020, p. 13. 272 ‘Florida has struggled to staff its prisons. of the COVID-19 pandemic on terrorism, Covid-19 eased the pressure.’, Politico, counter-terrorism and countering violent 310 Emma J. Palmer, Ruth M. Hatcher and Matthew 11 February 2021, politi.co/3pdD6oi. extremism, United Nations, June 2020. J. Tonkin, Evaluation of digital technology in prisons, UK Ministry of Justice, 2020.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 | 51 Global Prison Trends 2021

52 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2021 About Penal Reform International Penal Reform International (PRI) is a non-governmental organisation working globally to promote criminal justice systems that uphold human rights for all and do no harm. We work to make criminal justice systems non-discriminatory and protect the rights of disadvantaged people. We run practical human rights programmes and support reforms that make criminal justice fair and effective. www.penalreform.org

About the Thailand Institute of Justice Thailand Institute of Justice (TIJ) is a public organization established by the Government of Thailand in 2011 and officially recognized by the United Nations Office on Drugs and Crime (UNODC) as the latest member of the ‘United Nations Crime Prevention and Criminal Justice Programme Network Institutes’ (PNIs) in 2016. One of the primary objectives of the TIJ is to promote and support the implementation of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (or ‘the Bangkok Rules’). In addition, the TIJ strives to serve as a bridge that transports global ideas to local practices with an emphasis on fundamental issues including interconnections between the rule of law and sustainable development, human rights, peace and security. www.tijthailand.org Penal Reform International Thailand Institute of Justice Headquarters GPF Building 15th–16th Floor The Green House Witthayu Road, Pathum Wan 244-254 Cambridge Heath Road Bangkok 10330 London E2 9DA Thailand United Kingdom [email protected] The Hague Humanity Hub @TIJthailand Fluwelen Burgwal 58 @tijthailand.org 2511 CJ Den Haag Netherlands www.tijthailand.org [email protected] @PenalReformInt @Penalreforminternational www.penalreform.org

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