GLOBAL PRISON TRENDS GLOBAL PRISON TRENDS 2016

SPECIAL FOCUS Pull-out section Prison staff: overworked and underpaid?

Penal Reform International | Global Prison Trends 2016 | 1 Global Prison Trends 2016 This publication may be freely Penal Reform International reviewed, abstracted, reproduced Email: [email protected] PRI would like to thank Rob Allen for and translated, in part or in whole, Twitter: @PenalReformInt authoring this report. This report also but not for sale or for use in draws on the expertise of contributors www.penalreform.org conjunction with commercial to our expert guest blog series purposes. Any changes to the text ISBN: 978-1-909521-54-4 (http://www.penalreform.org/blog/), of this publication must be approved in particular: Luciana Pol (Center for First published in May 2016. by Penal Reform International. Due Legal and Social Studies, Argentina), © Penal Reform International 2016 credit must be given to Penal Reform Laura Maiello and Stephen Carter International and to this publication. Graphic design by Alex Valy. (CGL Companies) and Bruno Min, Enquiries should be addressed to (www.alexvalydesign.co.uk) Fair Trials. [email protected]. Cover photo: A prison guard closes This document was produced with the main gate, Chichiri prison, Malawi. financial assistance from the UK Photo by Luca Sola and used with Government and from the Evan kind permission. (www.lucasola.com) Cornish Foundation. Its contents are the sole responsibility of Penal Reform International and can under no circumstances be regarded as reflecting the position of the UK Government or the Evan Cornish Foundation.

Penal Reform International We promote alternatives to prison We currently have programmes in (PRI) is an independent which support the rehabilitation of the Middle East and North Africa, non‑governmental organisation offenders, and promote the right Sub-Saharan Africa, Eastern Europe, that develops and promotes of detainees to fair and humane Central Asia and the South Caucasus, fair, effective and proportionate treatment. We campaign for the and work with partners in South Asia. responses to criminal justice prevention of torture and the abolition To receive our monthly e-newsletter, problems worldwide. of the death penalty, and we work to please sign up at ensure just and appropriate responses www.penalreform.org/keep-informed. to children and women who come into contact with the law. CONTENTS

Contents

Foreword 5 1. Introduction 6

2. The role of imprisonment 8

3. Trends in the use of imprisonment 10 Pre-trial detention 10 Sentenced prisoners 12 Drug-related offences 13

4. Prison populations 16 Women 16 Children and young persons 18 Elderly prisoners 19 Foreign national prisoners, minorities and Indigenous peoples 20 Health issues 22

5. Prison management 23 Tackling overcrowding 23 Privatisation and use of resources 25 Security issues and violence 26 Fragile and conflict-affected states 26 Radicalisation 27 Food in prisons 28 Corruption 29 Solitary confinement, isolation and segregation 31 Preparing prisoners for release 31 Independent monitoring and inspection 32

6. Role and use of technologies 33

7. Alternatives to prison 34

Conclusions and recommendations 36

CENTREFOLD Special focus 2016 (pull-out section) Prison staff: overworked and underpaid?

International standards 2 Prisoner-staff ratios 2 Recruitment and retention 3 Training 4 Working conditions 4 Safety, security and health 5

Penal Reform International | Global Prison Trends 2016 | 3 FOREWORD

“It is behind the walls of … places of detention that international commitments by Governments to respect … human rights are perhaps most regularly put to the test.”

Vellore Central Prison, India. © Andrea Huber 2014

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Foreword The human rights of prisoners are violence becomes more difficult to in the first place. Achieving a topic that typically elicits limited prevent – exposing many prisoners to this goal will require more systemic public attention and even less public serious physical and sometimes sexual reforms to national criminal justice sympathy. But it is behind the walls assault. The situation has become so systems – including greater use of of prisons, police cells and other acute that the UN Special Rapporteur parole, non-custodial sentences and places of detention that international on torture has described conditions other alternatives to incarceration, commitments by Governments to in some prisons as amounting to reduced use of pre-trial detention, respect, protect and fulfil human rights inhuman and degrading treatment and sustained investment in education, are perhaps most regularly put to or even torture. A 2015 report by the rehabilitation and reintegration of the test. United Nations High Commissioner ex-prisoners into society. Special for Human Rights urged countries measures are also needed to reduce According to the United Nations Office to commit to a series of steps aimed imprisonment of women and children, on Drugs and Crime, at any one time at ending over-incarceration and and protect those for whom prison more than 10 million people around overcrowding, and guaranteeing is unavoidable. the world are being held in prison respect for the inherent dignity of and other places of detention – only The report before you presents an all detainees. about a third of them in connection important snapshot of the state of with violent crime. That includes an Improving conditions in prisons is detention globally and related trends. estimated one million children, as key to both improving outcomes It draws on a multitude of sources well as more than 700,000 women – for prisoners and creating safer from across government, UN agencies, a number that’s growing far more communities. In December 2015, civil society and academia to produce quickly than the general prison the United Nations General Assembly a compelling, nuanced analysis of population. Excessive use of pre-trial unanimously adopted the Nelson the factors fuelling incarceration, the detention combined with delays in Mandela Rules – a revised set of impact on the individuals concerned the judicial process means that more international minimum standards on and the measures needed in order than three million people are being the treatment of prisoners. The new to improve outcomes – for people in held on remand, awaiting trial – in standards have been strengthened conflict with the law, their families and many cases in connection with minor in several respects, including by the communities. It deserves to be widely theft-related charges. inclusion of an absolute prohibition read not just by policymakers in the on torture and ill-treatment of criminal justice sector but by anyone Inevitably, global numbers mask prisoners, much more specific with a commitment to human rights, dramatic differences at the national provisions on solitary confinement, justice and the rule of law. level, with steady declines in prison and a commitment to provide all populations in some countries offset Charles Radcliffe prisoners with the same standard of by steep increases in others, creating health care available in the community. Chief, Global Issues & Intergovernmental serious problems of overcrowding. Their adoption was accompanied by Affairs, United Nations Human Rights The number of prisoners now exceeds Office, New York. an acknowledgement by many States official prison capacity in 116 countries that much more needs to be done to – in 21 of these countries it is even close the gap between the standards between double and quadruple enshrined in the Mandela Rules and official capacity. the reality for those in custody in As a result, detainees are too often prisons around the world. crowded into small, insanitary cells, It is also important – from the denied access to adequate food perspective of both human rights and and water, as well as to recreation, sustainable development – to reduce education and rehabilitation. With the number of people going to prison staffing stretched thin, inter-prisoner

Penal Reform International | Global Prison Trends 2016 | 5 INTRODUCTION

PART ONE Sustainable development Introduction goals and criminal justice This second edition of Global Prison • insufficient measures to prevent The number of people behind Trends looks at some of the key crime, in particular youth crime; bars, whether on remand or developments in prison policy and • excessive use of pre-trial detention; serving sentences, has increased practice since the first edition was in most countries over the last • lack of access to legal advice and published.1 2015 has seen a number 20 years, placing an enormous assistance; of important milestones at the global financial burden on governments level including: • punitive criminal justice policies and and at great cost to the social inappropriate use of imprisonment; cohesion of societies. In many • The adoption by the United Nations countries, criminal justice systems • scarce use of alternatives to (UN) of the 2030 Agenda for are unfair and discriminatory. imprisonment; Sustainable Development, including Instead of protecting society a requirement for states to, ‘Promote • insufficient measures to promote from crime while safeguarding peaceful and inclusive societies for social reintegration; the rights of those accused or convicted, they can cause, drive sustainable development, provide • inadequate prison management and deepen poverty and hinder access to justice for all and build and infrastructure; social and economic progress. effective, accountable and inclusive • detention used too readily for In September 2015, the institutions at all levels’ and to children in conflict with the law; ‘achieve gender equality’.2 international community agreed • specific needs of women offenders a new set of development goals, • The 2015 Doha Declaration adopted and prisoners not met. the 2030 Agenda for Sustainable at the 13th UN Congress on Crime Development, comprising 17 goals This report focuses specifically on the Prevention and Criminal Justice, and 169 targets, to replace and most significant developments in how which proposed that member states build on the UN Millennium prison is being used and how prisons review their penal policies.3 Development Goals (MDGs, are being managed and organised. 2000-2015). • Significant revisions to the UN The report includes information and Justice and prison reform can and Standard Minimum Rules for examples from various countries should play a part in achieving the Treatment of Prisoners and and regions. These are not intended not just Goal 16 on peaceful their adoption by the UN Crime to ‘single out’ certain countries, but and inclusive societies, access Commission, and subsequently to justice and accountable are meant to be illustrative of trends by the UN General Assembly, as institutions, but several of the and challenges. the Nelson Mandela Rules.4 goals set out in the 2030 Agenda. • The publication by the UN RECOMMENDATION 01 GOAL 1: Ending poverty in High Commissioner for Human Countries should undertake all its forms everywhere Rights of an important report on reviews of their penal systems the ‘Human rights implications People who come into contact in light of the revised UN of overincarceration and with the criminal justice system Standard Minimum Rules for the disproportionately come from poor overcrowding’.5 Treatment of Prisoners and the and marginalised backgrounds. 2015 also saw plenty of evidence recommendations of the 2015 A large percentage come into that this considerable strengthening Doha Declaration. Donors should conflict with the law as a of the normative framework for prison consider favourably requests for symptom of their poverty and, without the financial resources to reform is much needed. The UN Office assistance both in carrying out afford proper legal representation, on Drugs and Crime (UNODC), for such reviews and in reforming they are also more likely to be example, argued that, ‘a large number criminal justice systems. given prison sentences. The social of prison systems around the world stigma of criminalisation creates are at a stage of crisis, the serious a cycle of deprivation that people effects of which harm prisoners, their cannot break out of, effectively families and societies as a whole’.6 criminalising poverty. Children of As well as poor prison conditions offenders are drawn into this cycle and overcrowding, dimensions of of crime and poverty and evidence the crisis include the following: suggests they are more likely to end up in the criminal justice system themselves. Systems that use a variety of sanctions in a proportionate way and take recourse to imprisonment only for serious offences are not

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only fairer, but can help people to are essential ingredients for former offenders. Researchers in the to break the cycle. Non‑custodial successful rehabilitation. Ensuring USA have also calculated that high sanctions, especially for minor, access to education, work and unemployment levels among former non‑violent offences, allow offenders training while in prison – or while prisoners can present a significant to keep their jobs, provide for their serving non-custodial sanctions – loss to national GDP.7 families, compensate victims and therefore contributes to Goal 4 and provide accountability to society. also to Goal 1. GOAL 10: Reduce inequality within and among countries GOAL 2: End hunger, achieve GOAL 5: Achieve gender food security and improved equality and empower all Prisoners often come from the most marginalised sections of nutrition, and promote women and girls the community. Stigma and sustainable agriculture Women face discrimination in discrimination towards former prisoners – for example, limiting When food security and safety are criminal justice systems in various ways, from gender-specific offences their civil rights or access to problems in a country in general, employment – reinforces their this is frequently reflected in to lack of consideration of their gender-specific circumstances marginalisation. Ensuring access to its prisons. Many countries do justice for all and upholding the rule not allocate sufficient budget and needs in sentencing and in their treatment in detention. of law require the law to be applied to adequately feed their prison in a non-discriminatory way. populations and corruption may also Many systems fail to recognise the siphon money away from where it link between women’s experience There are also clear links between is needed. Where food in detention of violence and offending and also economic inequality and crime, with is insufficient, unhygienic and lacks fail to protect women from violence research suggesting that inequality nutrition, prisoners face serious, when detained. Efforts to address is associated with increased levels if not permanent, health issues, gender inequalities have largely of crime.8 and even starvation. Adequate overlooked women offenders nutrition is of particular importance and prisoners. GOAL 16: Promote peaceful for vulnerable groups including GOAL 6: Ensure availability and inclusive societies for pregnant or breast-feeding women, sustainable development, sick prisoners and for children held and sustainable management in prison with a parent. of water and sanitation for all provide access to justice for all and build effective, GOAL 3: Ensure healthy lives In many prisons poor infrastructure accountable and inclusive and promote well-being for prevents sufficient access to clean water for drinking and hygiene. institutions at all levels all at all ages Water may also be withheld as Significantly, this goal recognises a disciplinary measure and/or as Many prisoners receive healthcare the importance of the rule of law, a form of ill-treatment. Provision of a far inferior standard to that good governance and accountable, of water and sanitation in prisons available in the community, if they transparent institutions to also contributes to health and receive it at all. Existing medical sustainable development. Access well‑being (Goal 3). conditions may be ignored or to justice requires fair and effective neglected, and prisoners often GOAL 8: Promote sustained, criminal justice systems. Prisons, develop health problems whilst by their very nature, are closed in prison due to unhealthy and inclusive and sustainable institutions hidden away from unhygienic conditions, lack of economic growth, full and public view, and therefore require healthcare and poor control of productive employment and particular attention with regard infectious diseases, such as HIV or to external scrutiny, transparency tuberculosis. Medical care in prisons decent work for all and good governance. At the same not only contributes to the health of Providing work and training time, prisons can be part of more detainees, but also to the protection opportunities for prisoners inclusive societies if they provide of public health as the vast majority is important both to provide prospects for rehabilitation and of prisoners return to the community meaningful activity during the day reintegration of offenders back at the end of their sentence. and improve their job prospects into society. following release. However, in GOAL 4: Ensure inclusive and many countries, there may be equitable quality education no opportunity for prisoners to and promote lifelong learning work, the work may be of little opportunities for all vocational value, or prisoners may be required to work in unsafe Lack of education and or exploitative conditions. training opportunities causing Former prisoners often struggle to unemployment and poverty find work on release, in part due are often drivers for offending. to low educational attainment prior Criminal justice systems need to to prison and lack of opportunities address such causes of offending. in prison, and in part due to stigma Developing self-worth and having and employment restrictions on the prospect of a livelihood to return

Penal Reform International | Global Prison Trends 2016 | 7 THE ROLE OF IMPRISONMENT

PART 2 The role of imprisonment

The report of the UN High Another reason for high prison Several countries have continued Commissioner for Human Rights on populations is that the public are often with a tradition of granting amnesties, the human rights implications of prison thought to favour a tough approach pardons or otherwise releasing overcrowding confirms that states to sentencing and in a number of prisoners on the occasion of religious should resort to the deprivation of countries political leaders have or national holidays. These include liberty only insofar as it is necessary encouraged this through policies Indonesia,18 Pakistan,19 Myanmar,20 to meet a pressing societal need and of so-called penal populism. Recent Russia,21 Tanzania22 and Egypt.23 in a manner proportionate to that Australian research has indicated In Sri Lanka, a task force which will need.9 According to the latest available that the public may not be so include representatives of government information from UNODC (for 2012), wedded to punitive approaches as ministries has been set up to analyse only 34 per cent of prisoners were is often supposed14 and in the USA, the causes of overcrowding and to serving sentences that were principally the California Crime Victims Survey recommend and implement measures tied to violent offences (including found in 2013 that the overwhelming to ease congestion in the country’s intentional homicides), less than majority of Californian victims prisons.24 30 per cent to property crimes, prefer investing in probation and 20 per cent to drug law offences, rehabilitation, prevention, health and Some countries with lower rates of three per cent to financial crimes or education over spending more on imprisonment have moved in the corruption and 14 per cent to other incarceration.15 Three in four victims other direction. In Finland, from 2016 types of crime. The UN Secretary- believed that prisons either make prison sentences will be more likely for General’s report to the UN Crime inmates better at committing crimes repeat low-level offenders. Individuals Commission also found considerable or have no impact at all. Only a who are handed a series of fines will variation in the lengths of prison small minority believed that prisons be liable for a prison sentence if they sentences.10 rehabilitate people. fail to pay, or if they commit a further offence within a certain timeframe.25 One reason for the continuing In the USA, more than half of states Critics claim the reform will increase popularity of imprisonment is the have introduced laws or policies the workload on crime prevention commonly held view that locking up that have sought to reduce the authorities, and will cost the taxpayer people convicted of crimes helps severity of sentencing for non-violent 12.4 million euros every year. In to reduce crime levels. US research offences and breaches of parole Switzerland, Parliament has decided published in 2015 has confirmed, and supervision in order to avert to reintroduce short-term prison however, that imprisonment has only unaffordable prison growth. The extent sentences to complement a system a limited role to play in controlling to which these have contributed to of suspended fines as part of efforts crime.11 In the USA (which has seen the stabilisation or reduction in prison to tighten the penal system.26 a fivefold increase in the prison numbers is contested in some states population since 1970 and serves as but the overall trends have changed a model for many western countries12), − 2014 was the first time in 38 years RECOMMENDATION 02 increased incarceration has accounted that both federal and state prison Jurisdictions should review for approximately six per cent of the populations fell in tandem. Many states whether imprisonment is reduction in property crime in the have used some of the spending that playing an appropriate role in 1990s and for less than one per cent would have been used on new prisons addressing crime and increase of the decline in property crime this to strengthen alternatives.16 At the alternative strategies such as century. The research also finds that, federal level, 6,000 drug offenders education, crime, prevention ‘[i]ncreased incarceration has had little sentenced to harsh penalties were and social interventions which effect on the drop in violent crime in released in October 2015. have been shown to produce the past 24 years. In fact, large states more effective results. Growing scepticism about expanding such as California, Michigan, New incarceration has not been confined to Jersey, New York, and Texas have the USA. Thailand‘s Minister of Justice all reduced their prison populations has said that, ‘The government has no while crime has continued to fall’.13 plans to build more prisons because Greater impacts on crime have been it would be like accepting the fact that produced by greater targeting of our society is going down. We want police resources in high crime areas the Department of Corrections to and changes to social, economic and reduce prison terms for inmates with environmental factors. good behaviour’.17

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Only 34 per cent of prisoners were serving sentences that were principally tied to violent offences in 2012, according to UNODC.

Lifers’ colony, Kyrgyzstan. Photo © Eleonora Sharshenalieva 2016

Penal Reform International | Global Prison Trends 2016 | 9 TRENDS IN THE USE OF IMPRISONMENT

PART 3 Trends in the use of imprisonment

At the global level, the UNODC reports Both UNODC and ICPR have identified Brazil’s prison population rate has that prison population rates have been diverging trends at the regional level, continued to rise sharply while Russia’s relatively stable over the past decade.27 with prison population rates declining has fallen. In India and China, the trend The UNODC estimates that the size of in all African sub-regions, North has been stable. the prison population has increased America, and Western and Eastern In Africa, there are diverging trends approximately ten per cent since 2004, Europe and increasing in Central and too; by way of example, South Africa’s reaching more than 10.2 million people South America and the Caribbean, prison population has been falling, in the period 2011-13. However, in South-East and West Asia, and while those in Nigeria, Kenya and that growth was offset by the equally in Northern and Southern Europe. Malawi have been relatively stable. steep growth in the world population There continue to be large differences over the same period, thus resulting between sub-regions in terms of in stable average rates at the global prison population rates, which varied RECOMMENDATION 03 level (148 per 100,000 population in from under 100 prisoners to more Countries should undertake the period 2011-13). More recent data than 600 prisoners per 100,000 of detailed examination of both the collected by the Institute for Criminal the population in 2015. numbers of admissions to prison Policy Research (ICPR) has shown and the size of their prison These diverging trends are reflected in that these trends are, by and large, population to satisfy themselves the so-called BRIC countries (acronym continuing.28 that the rates of incarceration for four major emerging national are in line with appropriate economies: Brazil, Russia, India, comparator countries. and China). According to ICPR data,

Pre-trial detention The 2015 Doha Declaration calls for, prison systems. It is estimated that all over the world there are a significant ‘practical measures to reduce pre-trial worldwide at any one time more than number of countries where pre-trial detention (…) and to improve access three million people are detained detainees constitute the majority to legal aid to the extent possible’. in prisons and detention centres of the prison population.33 In the Excessive recourse to pre‑trial awaiting trial. The numbers remanded period 2011-13, pre-trial detainees detention was considered one of the into custody during the course of a constituted the majority of persons main causes of overincarceration year are of course very much higher, detained in two-fifths of the reporting and overcrowding by the UN High reaching perhaps a total of 14 million countries in Africa (a proportion that Commissioner for Human Rights, often people.31 As the UN Subcommittee has remained stable in recent years), ‘applied even to such minor cases as on Prevention of Torture found, ‘states more than a third of those in the theft of a mobile telephone, a pen or continue to disregard the presumption Americas (an increase since the period a chicken’.29 The UN Subcommittee against detention and pre-trial 2004-06) and about one in seven of on Prevention of Torture (SPT) detainees account for a significant those in Asia (a decrease since the recognised in 2015 that, ‘[s]tates number, sometimes a majority of period 2004-06). Pre-trial detainees parties must reduce the number persons deprived of their liberty in the have made up less than half of of persons in pre-trial detention criminal justice context within states’.32 prisoners in most European countries by respecting the presumption since 2004.34 The 2015 UN report on the state of against pre-trial detention and using crime and criminal justice worldwide According to data collected by the alternatives to remand in custody’.30 confirmed that, although in all regions ICPR, in 44 out of 211 jurisdictions, The remand population, both pre-trial detainees represent less the majority of people in prison on any among adults and children, remains than half of the prison population, one day are pre-trial detainees.35 one of the biggest challenges for these averages mask the fact that

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Trends in prison population rates in BRIC countries Trends in prison population rates in Africa (number of people per 100,000 of the population) (number of people per 100,000 of the population)

700 Russia 350 Brazil 600 China 300 India

500 250 RSA Kenya 400 200 Malawi Nigeria

300 150

200 100

100 50

0 0 2008 2010 2012 2014/15 2008 2010 2012 2014/15

The UN report on the state of crime In some countries, periods in pre‑trial to ensure that the proceedings and criminal justice worldwide detention are relatively short − in are not put at risk or to achieve in 2015 found that the shares of 2012, in the 30 Council of Europe other objectives. pre-trial detainees are highest, on countries for which data is available, Releasing a defendant on bail is one average, in countries at the lower the average length of pre-trial of the commonest options available end of income levels and lowest in detention was 5.2 months.39 Studies to the courts. While the legal and countries with higher income levels. of pre‑trial detention in Africa have practical arrangements vary from one The report considers that, ‘this may found much longer average periods, country to another, bail often requires point to possible resource constraints for example 19 months in Sierra Leone a defendant or other party to pay a in the criminal justice system that and 14 months in Ghana, with some sum of money to the court as a form prevent expeditious processing of defendants held for several years.40 of guarantee that they will return for crime suspects in pre-trial detention. Official figures are likely to their trial. Indeed, in some countries High levels of pre-trial detention may underestimate the numbers held in the term bail (short for bail bond) has point to shortcomings of the criminal pre-trial detention; for one thing, in come to mean the cash or property justice system’.36 In certain regions, many countries detainees are held equivalent demanded of arrestees as particularly Latin America, high levels for relatively long periods in police a surety as well as the release process may reflect the obligatory use of custody rather than prison, escaping of which it forms part. pre‑trial detention. In Bolivia, Ecuador, the prison statistics but not the fact Mexico and Peru, pre-trial detention While bail should be a measure that of detention. For other countries even must be imposed in cases of drug helps to ensure that remands into where the percentage of people in crimes, ‘independent of whether the custody are kept to a minimum and pre-trial detention on a particular infractions are minor or major. Without for the shortest duration, there has date may appear low, people on making a distinction over the degree recently been growing concern in remand still represent a much higher of participation, drug offenses are several countries about how it is proportion of all of those admitted into classified as serious crimes, along working in practice. In Canada, a prison over the course of a year. So, with murder, rape and kidnapping’.37 report has argued that it is operating while international law stipulates that in a manner that is contrary to the The problem of overuse of pre-trial penitentiary systems should comprise spirit – and, at times, the letter – of detention is gravest in post-conflict ‘treatment of prisoners, the essential the law. ‘Legally innocent individuals and poorest states where the justice aim of which shall be their reformation are processed through a bail system system may function sporadically, if at and social rehabilitation’, in practice that is chaotic and unnecessarily all. ICPR data shows that the countries much of the work of prisons continues risk-averse and that disproportionately whose prison systems comprise to be in fulfilling a jailing function. penalizes – and frequently criminalizes the largest percentage of pre-trial Not all defendants in criminal – poverty, addiction and mental detainees include Libya, Liberia, proceedings are remanded in custody. illness’.41 In the USA, bail has been Democratic Republic of Congo, Congo In almost all countries, the law permits described as ‘nothing more than a (Brazzaville), Bangladesh and Bolivia. alternatives to pre-trial detention to be shockingly effective way to coerce Here more than seven out of ten used in the majority of cases. Such guilty pleas from poor people’. In lower prisoners on any one day are awaiting alternatives allow defendants to remain income countries, critics argue that trial. But even in some high-income at liberty during the period before their bail is unaffordable for the vast majority countries (such as the Netherlands trial commences, although the court of defendants, many of whom are and Canada), almost two in every five can sometimes impose conditions charged with petty offences.42 people held in prison are on remand.38 of one sort or another in order to try

Penal Reform International | Global Prison Trends 2016 | 11 TRENDS IN THE USE OF IMPRISONMENT

A number of initiatives are underway to reform bail. In 21 jurisdictions in New research: In most other countries’ court the USA, a more systematic approach systems, commercial bail is not to the granting of bail is being Bail in 45 jurisdictions permitted. used with courts increasingly using During 2015, Penal Reform In some countries, the law sets a risk assessment tools to assess a International (PRI) initiated a minimum and maximum amount of defendant’s likelihood of flight or of comparative research study into a surety. In the Czech Republic, for further offending.43 The ‘Public Safety how bail works as an alternative instance, it is approximately USD$400; to pre-trial detention. A survey Assessment Tool’, for instance, has in Brazil, for offences carrying a term questionnaire was distributed with of imprisonment of more than four been developed by a Charitable generous assistance from Advocates years, it is between ten and 200 times Foundation following research on over for International Development the minimum wage. Practice varies a million cases which identified factors (A4ID)44 with responses received as to whether the whole sum must most likely to predict a defendant’s from 45 jurisdictions.45 be lodged with the court. In Ireland, a third of the amount set as surety conduct. In most countries which responded, must be paid into court with the release on bail requires the payment remainder subject to forfeiture in the of a surety either by the defendant RECOMMENDATION 04 event of non‑appearance. or a third party guarantor. In Jurisdictions should review Thailand, for example, persons Bail can be provided in various their pre-trial arrangements with a relationship to the defendant forms. In Armenia, bail may consist and ensure that remand is used can provide guarantees only if they of money, securities and other as a last resort, only where have professional status (such as valuables, with real estate posted necessary and proportionate. government officials, MPs or lawyers). with the court’s permission. The use of non-custodial The system in the Czech Republic and Slovakia allows churches and other While money bail is seen as necessary measures should be increased public interest organisations to act to provide a reason for a defendant to in light of the negative impact as guarantors. meet their obligations to participate on the rights of defendants in the judicial process, it has been In a few countries, including the as well as the socio-economic argued that in the USA increasing USA and Nigeria, third parties can reliance on bail has the effect of cost for detainees, their families be related or unrelated to the jailing poor defendants, even if they and society. accused, so commercial bail committed minor crimes and are bondsmen or agents can provide unlikely to attempt to flee justice, RECOMMENDATION 05 personal guarantees that the accused while allowing wealthier defendants will not abscond. A bail agent to go undetained regardless of the Where necessary, states should generally charges the defendant a risk they pose to public safety. develop effective prisoner non-refundable fee − usually ten per file management systems in cent of the bail − to post a bond and Some countries do not have a system bail them out. Defendants do not get of bail, for example the Netherlands accordance with the Nelson where despite a relatively mild penal Mandela Rules, to help ensure that fee back even if they are found innocent. In exchange for the fee, climate − the imprisonment rate is that detainees and prisoners bail agents promise courts that they 75 per 100,000 − about 40 per cent spend no longer in custody than will track down defendants who fail of the prison population on any one is strictly required by law and to appear for their next court date. If day is made up of pre-trial detainees. in order to inform the planning the defendant cannot be located, the Finland is currently considering the agent is responsible for paying the introduction of bail in the light of an and resourcing of criminal increase in numbers held on remand. justice and penal institutions. entirety of the bail.

Sentenced prisoners The UN High Commissioner for of milder sentences have been seen including reducing the sentence Human Rights stated in 2015 that, in Ireland where, in April 2014, the lengths for drug possession cases, ‘proportionate sentencing is an Fines (Payment and Recovery) Act minor thefts and parole breaches.51 essential requirement of an effective 2014 was adopted with the aim In a number of jurisdictions, and fair criminal justice system’.46 of reducing, to the greatest extent opportunities for early release from His report went on to illustrate how possible, the use of imprisonment prison have been extended so that the countries had reformed their laws to as a sanction for fine default.49 actual time served in prison is reduced. meet the requirement of proportionality, 2014 also saw Romania bring into In the Philippines, the Bureau of Jail for example by reducing minimum force legal provisions which have Management and Penology, ‘has and maximum penalties (Moldova),47 reduced sentence lengths and the implemented and supported many or decriminalising petty crimes and range of offences which are punishable early-release measures to reduce reducing criminal sanctions for by prison.50 In the USA, states have overcrowding. These have ranged from economic offences (Ukraine),48 thereby undertaken a range of measures to release on recognizance, probation, reducing the total prison population. make sentences more proportionate, parole and executive clemency − to Other examples of the introduction programmes to monitor and help

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expedite court cases and secure Concern has continued to grow about needed documents from the courts the imposition of life sentences, in Momentous report on for speedy disposition of inmates’ particular those that do not allow for cases’.52 Kenya has, for the first time, the possibility of parole or other form death penalty in India introduced legislation to allow certain of early release.54 A major study is In a report dated August 2015, prisoners to earn a third remission underway about the use of the life the Indian government was (other than those serving life sentences sentence globally.55 recommended by its own law or sentenced for robbery with reform experts to abolish the death penalty for ordinary crimes. violence). Research has continued to RECOMMENDATION 06 show the benefits of allowing prisoners Based on a reference from the Countries should assess the 66 to transition back into the community Supreme Court to, ‘study the proportionality of criminal in this way. A New Zealand study has issue of the death penalty in India sanctions and consider to allow for an up-to-date and shown that intensive psychological the possibility of reducing informed discussion and debate treatment and early release to parole is 67 maximum sentence lengths, on the subject’, the twentieth more effective at reducing reoffending in particular for non-violent Law Commission concluded an among high risk prisoners than serving exhaustive study of the death crimes. out the full prison sentence.53 penalty by recommending abolition in all cases except ‘terrorism related offences and waging war’.68 It found ‘that there is no evidence of a link between fighting insurgency, terror or violent crime, and the need for the death penalty’69 Drug-related but nonetheless recognised the fears among many lawmakers offences that ‘abolition of death penalty for terrorism related offences The 2015 edition of Global Prison more are believed to remain on death will affect national security’.70 It Trends mapped out the links row in these countries and in Malaysia, therefore stated that it, ‘does not see any reason to wait any longer between drugs and imprisonment Indonesia, Pakistan and Thailand. to take the first step towards in a special supplement to mark the In 1979, only around ten countries abolition of the death penalty for forthcoming UN General Assembly prescribed the death penalty for drugs; all offences other than terrorism Special Session on drugs in 2016, today it has risen to at least 33. In at related offences’.71 highlighting in particular issues least ten of these countries, the death The Commission is part of the around proportionality of responses. penalty is a mandatory punishment Ministry of Justice and is tasked It highlighted how, in many countries, for drug-related charges.58 A large with helping the government drug-related offences account for number of the 966 people executed in review and reform the law. This a large and growing proportion Iran in the 2015 were drug offenders.59 is only the second time it has of people in prison, particularly Indonesia executed 14 drug offenders reviewed the death penalty: it women. This has been confirmed in the same period compared with just noted that both India and the 60 world had changed since 1967, in a recent study, which found that a four in the previous seven years. The when it had warned against third of admissions to prison in the death penalty is considered by the UN abolition. The exhaustive USA are for drug offences.56 The Special Rapporteurs on extrajudicial, 242-page report covered the UN Special Rapporteur on health summary or arbitrary executions history and practice of the death has written as part of the process and on torture to be a violation of penalty in India, arguments for the 2016 UN General Assembly international law.61 The UN Human for and against abolition, and the international trends that Special Session (UNGASS) that, ‘as Rights Committee has on numerous have moved away from capital drug control enforcement fuels rising occasions found that drug-related punishment. It concludes that the incarceration rates, overburdened offences do not meet the criterion death penalty ‘fails to achieve any prison systems are unable to provide of ‘most serious crimes’,62 a finding constitutionally valid penological acceptable standards of care and reiterated in 2007 by the then UN goals’72 and supports abolition for living in both pre- and post-conviction Special Rapporteur on extrajudicial, most crimes. environments’.57 summary or arbitrary executions,63 The Law Commission report in 2009 by the then UN Special received wide coverage in India There has been growing concern Rapporteur on torture and other cruel, and abroad. However, the Indian about the use of the death penalty inhuman or degrading treatment or Home Ministry rejected the call for drug offences. In recent years, for abolition, citing the threat punishment,64 and in 2013 by the UN approximately 600 people are of terrorism. Despite this, the Secretary-General.65 Both the Special known to have been executed seniority of the Law Commission, Rapporteur on extrajudicial executions annually for drug-related offences. the turn in opinion since it last and the Special Rapporteur on torture considered the death penalty, Credible estimates, however, suggest have repeatedly reiterated this position and the comprehensiveness of there may be 1,000 unreported since then, most recently on World its report render it a significant executions. The vast majority of known development in India and beyond. Day against the Death Penalty in executions have taken place in a small October 2015. handful of countries, notably China, Iran and Saudi Arabia. Many hundreds

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specialised criminal courts that can UN Special Session The Special Session consisted order offenders to undertake treatment of a general debate and round under threat of punishment if they on Drugs tables conducted in parallel with commit offences. While evidence the plenary. A summary of the On 19-21 April 2016, the United about their effectiveness is mixed, deliberations in the five round tables Nations General Assembly convened was presented at the plenary by the their approach has been criticised as a Special Session on drugs in New an inappropriate way of tackling what 73 Chairs. The five round tables covered York. This was the third such 86 the following issues:75 is fundamentally a health problem. forum held on drug-related policies, Dissuasion Commissions (Comissões following Special Sessions in 1990 • drugs and health and 1998. • drugs and crime para a Dissuasão da Toxico • human rights, women, children dependência) established in Portugal The third session had been planned and communities offer an alternative model.87 These for 2019, as set out by the 2009 • new challenges, threats and Political Declaration and Plan of commissions comprise a social worker, realities Action on drugs. However, a growing a psychiatrist and a lawyer and can • drugs and (alternative) sense of urgency to discuss the impose small fines and other penalties, development. direction of global drug policies led as well as refer people who have to the decision to convene a session Negotiations on the outcome consumed drugs to community‑based three years earlier than planned. document were held at the UN or residential treatment. Initiated by the governments of Commission on Narcotic Drugs Mexico, Guatemala and Columbia, in Vienna. It is not only consumption of illegal 95 UN member states eventually A Civil Society Task Force was drugs that can lead to imprisonment. supported the call to discuss 2015 has seen increases in prison global drug control and options established in order to better enable for alternative strategies in 2016.74 participation by NGOs, farmers, drug populations in Kenya following a users and academia in the debate. crackdown on illicit alcohol. Large numbers of women have been sent to prison as a result of being unable to pay the large fines imposed on 88 Besides capital punishment, the length Sentence lengths have been reduced them for brewing unlicensed drinks. of terms of imprisonment for drug in Ecuador and in the USA, where The development of new psychoactive offences continue to be particularly the Smart on Crime initiative has substances (NPS), which have similar harsh globally. In Bolivia, the maximum led to changes in prosecution effects to controlled substances, sentence for narcotics trafficking practice, amendments to mandatory continues to pose challenges for (25 years in prison) is higher than what sentencing regimes, and the lawmakers and criminal justice is stipulated for homicide (20 years) expansion of alternatives to prison.81 practitioners. Seventy countries and rape (15 years). The situation is More than twenty jurisdictions have from all regions have reported the similar in Mexico, where the maximum decriminalised or legalised possession emergence of NPS in their drugs 89 penalty for trafficking is 25 years in of small quantities of drugs, including market. The UK government’s prison and 24 years for homicide. Uruguay and several US states.82 plans to outlaw all such substances were considered to be rushed by a The majority of people deprived of Early evidence from the US state of parliamentary committee,90 but there liberty for drug-related crimes are Colorado has found no increase in is widespread concern about the involved at a low level. The UNODC young people’s cannabis use or in impact that NPS are having in UK estimates that offences related to drug road fatalities or crime. There have prisons. There has been a sevenfold possession comprise 83 per cent of been a number of positives, including: increase in the numbers of UK total global drug-related offences.76 ‘a dramatic drop in the number of prisoners seeking help for addiction According to the report by CELS,77 people arrested for cannabis offences; between 2014 and 2015, NPS was in Colombia, approximately two a substantial contraction in the illicit implicated in 19 deaths in prison per cent of all prisoners convicted trade as the majority of supply is between 2012 and 2014, and the of drug crimes are medium- or now regulated by the government; Chief Inspector of Prisons considers high‑ranking figures. That means that and a significant increase in tax the trade in these substances to the remaining 98 per cent are people revenue, which is now being spent lead to debts, intimidation and who did not have, or were not proven on social programmes’.83 A range gang violence.91 to have, significant participation in of other countries are reportedly drug trafficking rings. In Mexico, considering the decriminalisation RECOMMENDATION 07 the study found that 75 per cent of marijuana (eg. Ireland),84 although of people detained for drug crimes there have been fewer signs of change States should review their were detained with small quantities.78 in South East Asia. In the US state drug policies with regard to Criminal offences relating to drug of Vermont, the Commissioner of proportionality of sanctions, trafficking, however, have remained Corrections has reportedly called treat drug use as a public health relatively stable over time,79 and the for the decriminalisation of possession rather than criminal justice vast majority of traffickers in prison of all drugs.85 problem, and provide drug are low-level offenders.80 dependency treatment and Within the criminal justice system, a harm reduction programmes There is, however, a discernible trend lively debate has emerged about the in prison settings. towards reducing the harshness of suitability of Drug Courts as a way of the criminal justice response to drug dealing with offenders who suffer from use and possession (if not trafficking). substance use problems. These are

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New research: How generally for ‘election‑related’ committed crimes against the public offences – in approximately 45 per should not be allowed to determine many countries permit cent of the jurisdictions, conviction or participate in political processes. to imprisonment is automatically The study indicates that participation prisoners to vote? followed by disenfranchisement by prisoners can be low even where The right to vote for prisoners is (eg. Armenia, Morocco96). they do have the right to vote.98 protected under international law. The study showed that in Practical difficulties, such as limited The UN Basic Principles for the 29 jurisdictions (eg. Kyrgyzstan, provision of information on how Treatment of Prisoners establish that Lebanon, New Zealand) prisoners to register to vote, complicated all prisoners ‘retain the human rights who are convicted and serving a procedures and failure by government and fundamental freedoms’ set out in prison sentence are not entitled to or prison management to facilitate the Universal Declaration of Human vote (a so-called blanket ban).97 voting, may be contributing factors. Rights and the International Covenant on Civil and Political Rights (ICCPR).92 In the approximately 55 per cent of the Generally, people serving non- Although not an absolute right, jurisdictions where prisoners have the custodial sentences are entitled to conditions to the exercise of this right right to vote in principle, restrictions vote. However, in some jurisdictions need to be objective and reasonable, and/or conditions still apply, generally (eg. Belgium, Ethiopia, Tunisia), and the length of the suspension based on severity of or type of which allow for disenfranchisement of the right to vote should be offence and/or the length of the to be handed down as a secondary proportionate to the offence and the sentence imposed. In some countries, sentence, or in jurisdictions (eg. Brazil, sentence.93 Pre-trial detainees should restrictions are related to the type of Kuwait) which do not distinguish not be excluded from exercising their election (eg. in the Czech Republic, between those deprived of liberty right to vote94 as they have to be Latvia and Ukraine, prisoners may not or those serving alternative considered innocent unless and until be entitled to vote in local elections on sentences, disenfranchisement proven guilty. the grounds that they are ‘not affected can also affect those serving by local issues’). a non-custodial sentence. In a 2015 study95 for PRI, Advocates for International Development In only a small number of jurisdictions In some jurisdictions (eg. the majority (A4ID) reviewed the extent of do legislators or the judiciary offer a of US states, Belgium, Luxembourg, (dis)enfranchisement of detained rationale for restricting or completely Kuwait, Poland), voting rights may persons in 63 jurisdictions, and, revoking the right to vote, which not be automatically reinstated upon where applicable, the conditions is generally that those who have release from prison. In Luxembourg, under which voting rights were for example, a prison sentence of more restricted. While only occasionally than ten years automatically entails a used as sanction on its own – lifelong disenfranchisement.

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PART 4 Prison populations

Women The 2015 Doha Declaration proposes United Kingdom, and 82 per cent in In other respects the findings of that states promote gender-specific Thailand. In November 2014, there the Uganda survey are familiar. measures as an integral part of were 267 pregnant women in the Thai 76 per cent of women surveyed policies on crime prevention, criminal prison system and 256 children living identified themselves as poor or justice and the treatment of offenders, in prison with their mothers.102 A survey very poor; 32 per cent had never ‘including the rehabilitation and of 194 women in Ugandan prisons been to school. As a result of their reintegration of women offenders (approximately ten per cent of the imprisonment, 43 per cent of women into society, taking into consideration total number) found that 92 per cent had lost their job, 35 per cent their the United Nations Rules for the of the women had children, totalling home and 31 per cent had had Treatment of Women Prisoners and 276 children, 35 of whom were living their children taken away.110 Non-custodial Measures for Women with their mothers in prison.103 While legislative and judicial attitudes Offenders’ (the Bangkok Rules).99 Canada has seen a sharp rise in the towards female offenders who commit According to the ICPR World Female number of aboriginal women in prison violent offences vary significantly, only Imprisonment List, which compiled the − they represent 35 per cent of the a few jurisdictions appear to recognise latest data available in July 2015, more prison population104 but less than five this explicitly. Most jurisdictions rely than 700,000 women and girls are per cent of the general population. on general provisions of self-defence, held in penal institutions throughout Similar levels of overrepresentation ‘temporary insanity’ or provocation the world.100 of Aboriginal women are seen in to capture a history of abuse among Australia where former Prime Minister female defendants, although such The ICPR data shows that the number Kevin Rudd warned in 2015 that defences have proved to be ill-adapted of women and girls in prison has the country is facing an Indigenous to the situation of a woman suffering increased by about 50 per cent since incarceration epidemic.105 More than from ‘battered woman syndrome’ or the year 2000, a period in which the half of women prisoners in New ‘slow-burn reaction’.111 general world population rose by just Zealand were of Maori origin in 2013 18 per cent. Increases have been Following the adoption of the United despite the fact that people of Maori particularly marked in Asia, Oceania Nations Rules for the Treatment of origin comprise only 14 per cent and the Americas, while in Africa the Women Prisoners and Non-custodial of the population as a whole.106 rise in the female prison population Measures for Women Offenders (the was less than the increase in the In many countries, a majority of Bangkok Rules),112 there has been a population of the continent. The data women in prison are charged with growing recognition of the need for identifies particularly sharp increases or convicted of crimes that are not a distinctive approach to women in in Guatemala and El Salvador, Brazil violent. In China, for example, the the broader criminal justice system. and Colombia, Cambodia and recent rise in imprisonment is due Trauma-informed approaches, which Indonesia. According to Brazil’s Justice to increased involvement in drugs, recognise that women have in many Ministry, the country’s female prison property crime and fraud.107 cases suffered from violence or abuse, population increased by 567 per are being increasingly recognised as There are exceptions to this general cent between 2000 and 2014 (from essential to the humane and effective trend. In Uganda, for example, a 5,601 to 37,380). Sixty-eight per assessment and treatment of women recent study of women prisoners cent of female prisoners in 2014 in the criminal justice system.113 found unusually high rates of women were serving time for drug offences, charged with or convicted for murder, Practical measures that have taken compared with 25 per cent of their manslaughter or assault (57 per cent), place in 2015 include Cambodia’s male counterparts. Nearly two-thirds a rate broadly similar to male offenders decision to release a number of of them are of African descent.101 for these crimes.108 It is worthy of pregnant women or those who have A large proportion of women in prisons note that 74 per cent of the women recently given birth.114 In Scotland, worldwide are mothers. This includes with such convictions reported a plans for a 300-place women’s prison 87 per cent in Brazil, 80 per cent in background of domestic abuse.109 were abandoned in 2015. Instead a the United States, 66 per cent in the new 80-place unit will be built for the

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The number of women and girls in prison has increased by about 50 per cent since the year 2000.

Pre-trial detention centre, Kyrgyzstan. Photo © Karla Nur 2014

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New research: can be total defences or partial The study found that the weight defences reducing a murder charge given to a history of abuse by the Criminal justice to manslaughter) or as a mitigating courts in sentencing varied widely. factor for sentencing. For example, in India, courts have approaches to women accepted the presence of battered who kill in response In all nine jurisdictions, women woman syndrome to reduce the had sought to draw on these sentences of women charged with to domestic violence more ‘traditional’ defences and in violent crimes, but in Spain a history some instances evidence of abuse Where women are imprisoned for of abuse is not in itself a mitigating was a factor or was conclusive in factor and will only impact sentencing violent offences, research shows there establishing such a defence (for is often a history of domestic and indirectly through its effect on liability instance, in the US state and federal – ie. where the court finds it to form sexual abuse, which, in many cases, courts and in India). However, most motivates or is a significant factor part of one of the three available defences prove to be ill‑adapted statutory defences (temporary in the commission of the offence. A to the situation of woman in these 2015 study for PRI by Linklaters LLP115 mental disorder, self-defence or situations, who are often suffering insurmountable fear). of nine jurisdictions reviewed the from battered woman syndrome legislative framework (at state or slow-burn reaction.118 The study concluded that in the and country level) and the judicial absence of a specific legislative treatment for cases where women In a small number of jurisdictions (or quasi-legislative) basis for a have committed violent offences considered, most notably a number fair and proportionate response to against their abuser, following of Australian states, there have women who commit violent offences protracted domestic abuse. The been legislative amendments to against their abuser, consideration jurisdictions reviewed were Australia, the criminal law to facilitate more is left to the discretion of judges Brazil, Hong Kong, India, Japan, lenient treatment in these cases. and juries. This raises the risk that 116 Mexico, Poland, Spain and the USA. These amendments take various evidence of abuse is not considered forms, from introduction of new With a few exceptions at the state or treated inconsistently between defences specifically available to cases, particularly in legal systems level, there is no specific legislative victims of abuse (eg. Queensland, basis allowing for a history of abuse that do not recognise the doctrine Australia), to amendment of existing of precedent. to be considered as a mitigating factor defences so that they are better 117 in the jurisdictions reviewed. In adapted to dealing with victims The study recalled Rule 61 of the practice, all of the nine jurisdictions of abuse (eg. Victoria, Australia). UN Bangkok Rules which requires considered recognise a female that courts have the power to defendant’s right to present evidence In terms of sentencing, while most consider mitigating factors such as of a history of abuse either as a factor jurisdictions give courts discretion lack of criminal history and typical in terms of liability in making a plea to consider an experience of violence backgrounds of women offenders under more ‘traditional’ defences under their general sentencing – including the high proportion of (such as self-defence, provocation, principles, none explicitly require victims of sexual and domestic abuse duress or temporary insanity which a history of abuse to be considered. among women offenders.

most serious offenders. Five smaller measures to detention, such as care, regional units, each for 20 women, will guidance and supervision orders, also be constructed where help will be Children and counselling, probation, foster care, offered with problems relating to drugs, education and vocational training alcohol and domestic abuse.119 The young persons programmes, to ensure that children size and scale of these units are in line are treated with full respect for their with the principles which should inform The UN Special Rapporteur on the needs and rights, as well as for their custodial units for women, which Independence of Judges and Lawyers well-being and development’. The should be different from those for men, stated in 2015 that, ‘because of their Special Rapporteur has also called emphasising accommodation that unique vulnerability, children in conflict on, ‘the competent authorities to be supports relationships and promotes with the law require higher standards extremely vigilant when imposing a positive sense of self.120 and broader safeguards to be applied pre‑trial detention on children, which, to them, particularly at the sentencing as in instances of deprivation of RECOMMENDATION 08 stage in criminal proceedings’.121 She liberty ordered at the end of a trial, they must justify in writing, having In line with the UN Bangkok argued that judges and prosecutors shown that they took into account Rules, women should be must be aware of the specific negative the child’s special needs, rights and diverted from prison if at effects of criminal sanctions on best interests’.122 all possible, with distinct children, in particular those involving deprivation of liberty: prosecutors arrangements made for those The UN Special Rapporteur on and judges must primarily consider for whom prison is unavoidable, torture and other cruel, inhuman or the best interests of the child when including design features degrading treatment or punishment requesting and imposing sanctions in prisons which reflect the has highlighted that, ‘children deprived on children and this includes distinctive needs of women. of their liberty are at a heightened making an individual analysis of the risk of violence, abuse and acts of circumstances of both the offence and torture or cruel, inhuman or degrading the child. Prosecutors and lawyers treatment or punishment’. He further should always first consider alternative

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stated that, ‘even very short periods or ‘adult’. Brazil has also approved a Non-prison institutions can be a cause of detention can undermine a constitutional amendment that reduces for concern in many countries too. child’s psychological and physical the age of criminal responsibility from Nearly 40 per cent of juvenile offenders well‑being and compromise cognitive 18 to 16 years of age.127 in India live in conditions ‘like or even development. Children deprived of worse than’ adult prisons, according to In the USA, meanwhile, reforms liberty are at a heightened risk of a scathing judicial report that studied to the way children are treated by suffering depression and anxiety, and the state of children’s homes across the the criminal justice system have frequently exhibit symptoms consistent country.136 A PRI study in Central Asia dramatically cut the number of young with post‑traumatic stress disorder’. found that conditions in institutions for people in state prisons.128 A new draft Finally, he noted that a number of children in conflict with the law were law in Cambodia aims to provide studies had shown that, ‘regardless poor and children were subject to rehabilitation opportunities for children, of the conditions in which children violence inflicted by other children or rather than simple prison sentences.129 are held, detention has a profound staff. A quarter of children said they had A new juvenile justice code in Georgia and negative impact on child health been abused by staff, and significant has established specialised police and development’.123 numbers of children are held in custody prosecutors and courts and reduced longer than domestic law permits.137 The impact can be particularly lengths of detention as well as limiting damaging for girls. The Special a child’s criminal record.130 There appears to be a growing Representative of the UN Secretary- consensus that adolescence continues As far as institutions for children are General on Violence against Children well beyond a person’s 18th birthday. concerned, in Europe, the European has reported that, ‘girls in detention Some countries already treat young Committee for the Prevention of are not only vulnerable to sexual people up to 21 as juveniles (eg. Japan, Torture (CPT) has noted ‘progress in violence. Under certain prison regimes, where the age range is 14‑20 years). ensuring that juveniles who are sent physical abuse and punishment is The work of the Transition to to prison are not held together with a daily occurrence, and in countries Adulthood Alliance (T2A) in the UK has adults but in juvenile-only units’, but where inhuman forms of punishment proved influential. Drawing on research the quality of regimes in many of these are still condoned, girls may be from criminology, neurology and units are still impoverished.131 The use sentenced to flogging or death by psychology, T2A argues that young of pre-trial detention and the use of stoning or lashing on the grounds of adults are a distinct group with needs isolation for minors in Sweden has perceived immoral behaviour’.124 that are different both from children been criticised by the UN Committee under 18 and adults older than 25. As a result of their vulnerability, against Torture.132 An internal report at T2A promotes a distinctive approach children in detention are considered a juvenile prison in Izmir, Turkey, has by police, prosecutors, courts, by the Special Rapporteur on exposed sexual abuse and bullying probation and prison systems, which torture to need specific attention of minors by older prisoners.133 takes account of the developmental and modified standards in relation Outside Europe, a Zambian Health maturation process that takes place to such matters as the disciplinary Ministry spokesman has announced in this age group.138 system and use of segregation, that the government is building and opportunities for rehabilitation and renovating cells for juvenile prisoners the training of personnel.125 RECOMMENDATION 09 at prisons across the country so As well as seeking to ensure Developments in the treatment of that juveniles will no longer be held 134 that children under 18 are kept children have been mixed. The Indian with adult prisoners. In Dubai, out of institutions as far as Juvenile Justice Act has been changed the Public Prosecution and Dubai possible, countries should put to enable children aged between Courts are reportedly working with in place distinct arrangements 16 and 18 years old who have been public and government institutions for young people over the age accused of heinous crimes to be to replace prison sentences 126 135 of 18 who are still developing tried as adults. Juvenile Justice with vocational training. towards adult maturity, which Boards will determine whether the is often not acquired until young child ought to be treated as a ‘child’ people reach their mid-twenties.

Elderly prisoners In many countries, the proportion of by 250 per cent. This compares with − represented just three per cent of elderly prisoners has continued to a growth rate of only eight per cent the total population. By 2014, that increase. In the USA, the number of among inmates younger than 55, share had grown to ten per cent.139 older inmates grew rapidly in 2014, according to the Bureau of Justice In the UK, older prisoners are the continuing a trend that translates Statistics, which also reported that fastest growing segment of the prison into higher federal and state prison the US prison population fell in 2014 population.140 In part, this is because healthcare spending. New federal to its lowest level since 2005. In longer sentences see prisoners age data shows that, from 1999 to 2014, 1999, inmates aged 55 and over − within the prison system, although in the number of state and federal a common definition of older prisoners Japan older people reportedly commit prisoners aged 55 or older increased

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more crimes than teenagers and sharp delivery and release planning. Such While a number of countries have rises in crime by older people have challenges must be managed in developed policies on compassionate been found in South Korea. Experts the context of complex prison release for prisoners who are suffering suggest a combination of isolation and systems, within which operational, from a terminal illness, these are not poverty is to blame, and there have safety, health and rehabilitation always flexible enough to respond to been calls for the government to do issues, among others, must be both sudden changes in the health status more to support people later in life.141 practically and strategically managed of prisoners.145 Older prisoners – men by both administrators of individual over 50 and women over 55 − were A Swiss study has argued that, ‘the prisons and government corrections one of the categories eligible for a steady increase of ageing prisoners departments’.143 large-scale prisoner amnesty in Russia requires an active search for ethically in May 2015.146 acceptable solutions, in line with the In some countries, separate facilities principle of equivalence of care’.142 have been created for older prisoners. In Hong Kong, for example, an elderly RECOMMENDATION 10 An Australian study has found that, unit responds to the deterioration Countries should collect data ‘[o]lder prisoners are characterised by in the physical functioning of older about the numbers of elderly different issues compared to the overall prisoners by displaying notices in prisoners and their needs as prisoner population, and present large print, providing warm showers a precursor to developing unique challenges across a number throughout the year, and offering appropriate placement options, of domains, including physical and barrier-free access and ramps, easy including the possibility of mental health needs, costs associated access to bathrooms and toilets, compassionate release or with incarceration, vulnerability to wheelchairs, walking frames and alternative accommodation victimisation, functioning within crutches with handrails for support.144 outside prison. the prison environment, program

Foreign national prisoners, minorities and Indigenous peoples In July 2015, the UN Special non‑minority prisoners in an equivalent Foreign nationals continue to be Rapporteur on minority issues reported position, as to render the punishment overrepresented in the prison systems on the way minorities are treated discriminatory and a violation of many countries, a trend that has in criminal justice systems around of equality before the law. Such almost certainly grown as a result of the world.147 The report found that, punishment could constitute cruel, large numbers of migrants leaving whether through intentional prejudice inhuman or degrading punishment parts of the Middle East and Africa or indirect discrimination, minorities or even torture.’ due to conflicts in these regions.150 often face a greater likelihood of a Drug-related offences continue Canada and Australia continue to see prison sentence than of conditional to account for a disproportionate large overrepresentation of Indigenous release, greater likelihood of longer number of foreign nationals in many peoples in their prisons. In 2013-14, terms of imprisonment or a sentence prison systems. It is estimated, for Aboriginal and Torres Strait Islander of life imprisonment without possibility example, that about 600 South children were 26 times more likely to of parole, and greater likelihood of Africans are in prison for such be imprisoned than non-Indigenous imposition of the death penalty. Within offences around the world.151 children in Australia.148 As far as prisons, treatment or conditions are adults are concerned, the UN has In Europe, the Prisoner Transfer poorer than those for other groups, called for the abolition of Australia’s Agreement between EU countries often because of a failure to respect mandatory sentencing laws to reduce does not yet seem to have led to many standards relating to religious and Indigenous imprisonment rates. New offenders being returned to their home cultural practices, customs as regards South Wales is developing a specialist country. Nor have there yet been any food, relations with families, and the prison to rehabilitate Aboriginal cases making use of the European assistance of an interpreter. offenders. Kariong Correctional Centre Supervision Order, which allows for The Special Rapporteur concluded will provide four‑month courses for supervision measures imposed on a that, ‘failure to accommodate a 50 young adult men with sentences defendant as an alternative to pre-trial convicted minority prisoner’s particular of under two years, with support of detention to be supervised in another needs may cause so much additional Aboriginal elders and other community Member State.152 suffering, compared with that of members.149 Similar initiatives have been introduced in Canada.

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TB prison hospital, Kazakhstan. Photo © Karla Nur 2014

Given the levels of overcrowding in many prisons, both prisoners and staff are at high risk of contracting infectious diseases.

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A number of states have signed USD$38 million construction of a RECOMMENDATION 11 bilateral treaties to allow for foreign prison in Jamaica to house prisoners States must ensure that 153 nationals to be transferred back to who are returned from the UK. courts do not apply harsher their country of origin. Poor prison Some countries have designated punishments by reason of an conditions in their countries have particular prison establishments, or accused person’s membership often acted as an obstacle to such parts of prisons, for foreign nationals. of a minority ethnic group or transfers. In order to address such One such prison opened in South status as a foreign national. concerns, the UK has recently Korea in 2010.154 announced that it will fund the

Health issues The Nelson Mandela Rules make to have protected themselves Thailand has established drug‑free clear that the provision of healthcare effectively from the Ebola outbreak prisons (‘white prisons’) for for prisoners is a state responsibility in 2014 (although there are reports prisoners aiming to address and that prisoners should enjoy the that breaches of public health edicts their drug addictions.163 same standards of healthcare that are led to increasing use of detention, Mental illness also remains an available in the community, and should including for women). Liberia enormous problem in prisons in many have access to necessary healthcare released detainees in order to reduce parts of the world. Attention has been services free of charge without overcrowding and the associated drawn to the fact that, in the USA, discrimination on the grounds of their risk of contagion in prisons.157 the misuse of force against prisoners legal status. Moreover, healthcare Tuberculosis remains a threat to with mental health problems is services should be organised in close prison and public health, although a widespread and may be increasing.164 relationship to the general public comprehensive and sustained strategy Western Australia has opened the first health administration and in a way that can achieve results as in Kyrgyzstan, Disability Justice Centre to provide ensures continuity of treatment and where morbidity fell between 2011 ‘civilised treatment’ for prisoners with care, including for HIV, tuberculosis and 2014.158 Doctors in Mumbai have mental disorders. The centre is the and other infectious diseases, as well been concerned about an outbreak result of the four-year campaign to as for drug dependence. of drug resistant tuberculosis in create a ‘declared place’ for people It is widely accepted that these prisons.159 The UNODC’s 2015 World considered unfit for standard jails. requirements are better met if prison Drug Report suggests that injecting The Mentally Impaired Accused health is administered by the ministry drug use in unsafe conditions, ‘may Review Board can now decide to of health rather than the ministry explain why the prison environment send defendants with mental health responsible for prisons. Finland, can be characterized by high levels problems to the new justice centre Azerbaijan and Moldova have of infectious diseases, particularly HIV to be housed and supported.165 recently transferred health services but also hepatitis C and tuberculosis, in prison to ministries of health, and and by limited access to prevention RECOMMENDATION 12 Kyrgyzstan has decided to do so as and treatment, which increases the risk States should increase their well.155 However health services are of contracting blood-borne viruses’.160 attention to prison healthcare, organised, concentrations of disease In an important study on the impact in light of the negative impact and ill health remain substantially of the world drug problem on the of poor physical and mental higher in prisons than in the general enjoyment of human rights, the UN health on rehabilitation population. While global data is not Commissioner for Human Rights prospects as well as the available, a number of countries have endorsed the statement by the Special impact on public health, reported an increase in the numbers of Rapporteur on the right to health especially on the spread prisoners dying in prison, including the that, ‘if harm reduction programmes of infectious diseases. USA, UK, Belgium and Turkey. Nearly and evidence-based treatments are 2,000 people died in Syrian prisons of made available to the general public, torture, starvation and lack of medical but not to persons in detention, this treatment in 2014, according to the contravenes the right to health’.161 Syrian Observatory for Human Rights. The study found that in 2014, while The British-based monitor said it had opioid substitution therapy was documented 1,917 deaths in Syrian available in 80 countries, only 43 prisons since the start of 2014, among countries provided such therapy in them 27 children under the age of 18 prisons. According to Harm Reduction and 11 women.156 International, needle exchange Given the levels of overcrowding provision in prisons has significantly in many of the world’s prisons, decreased since 2012, with only eight infectious and contagious diseases countries globally providing this harm represent a constant hazard. The reduction intervention.162 prison systems in West Africa appear

22 | Penal Reform International | Global Prison Trends 2016 GLOBAL PRISON TRENDS SPECIAL FOCUS 2016

PRISON STAFF: OVERWORKED AND UNDERPAID? Working in a prison requires specific skills, but prison personnel are often poorly paid, under‑trained and experience high levels of work‑related stress and violence. This special feature gathers information and data from different countries about prison staff recruitment, pay and conditions, training and issues relating to their health, safety and well‑being.

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The day-to-day experience for prisoners around the world is very heavily influenced by the staff who work in the prison establishments in which they are detained. The quality of life in prison is often a function of the number of staff, the role they play and the attitude with which they approach their work. This is why the revised UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) emphasise the need for, ‘careful selection of every grade of the personnel, since it is on their integrity, humanity, professional capacity and personal suitability for the work that the proper administration of the institutions depends’.1

In all countries, working in prisons However, work in prisons often they build positive relationships is a demanding job. This is goes unrecognised despite the with prisoners and use their illustrated, for example, by figures vital role of prison staff in the interpersonal skills, discretion published by the Bureau of Labor achievement of the aims of criminal and authority to diffuse tensions Statistics in the USA, according justice, notably the rehabilitation without using force.3 The aim of this to which, ‘correctional officers of offenders, as well as in the section is to summarise key issues have one of the highest rates meeting of prison standards. in respect to prison staff and to of injuries and illnesses of all highlight the importance of prison The work of prison officers occupations’ because of exposure systems making adequate provision varies greatly between prisons, to violence and contagious for sufficient numbers of personnel, countries and contexts. In some diseases in the workplace.2 as well as their selection, training, places, prison officers rarely enter and working conditions. prisoners’ areas, while in others

International standards The Nelson Mandela Rules require contains guidelines for prison staff of mere guards, and should take that staff should be full-time civil conduct covering accountability, account of the need to facilitate servants and receive appropriate integrity, respect for and protection the reintegration of prisoners pay with training before starting of human dignity, care and into society after their sentence work and during their career.4 The assistance, fairness, impartiality, has been completed through a recent review has also updated non-discrimination, cooperation, programme of positive care and provisions on prison staff training.5 confidentiality and data protection.6 assistance. The Inter-American Yet, there are still relatively few Commission on Human Rights According to the Code of Ethics, international or regional standards similarly requires that ‘the personnel the roles and duties of prison staff relating to personnel. of places of deprivation of liberty should be different from those of shall receive initial instruction and The adoption by the Council of the police, military, prosecution and periodic specialized training, with Europe of a Code of Ethics for judiciary in respect to prisoners. an emphasis on the social nature Prison Staff in 2012 was therefore They also make clear that duties of their work’ (ie preparing prisoners an important development. It of staff go beyond those required for release).7

Prisoner-staff ratios As the United Nations Office for rate of homicide among prisoners Inadequate numbers of staff Project Services (UNOPS) has nationally (14 per 100,000 prisoners hamper the ability of prison officers observed, ‘[n]eedless to say, compared to a national average of to carry out their functions and management of a prison becomes four), also reportedly has the lowest create an insecure environment more difficult with lower ratios of guard-to-prisoner staffing ratio in within prisons. Norms in the staff to prisoners, as the risk of the country.9 Americas therefore make clear incident increases’.8 The US state that ‘[s]ufficient and qualified of Oklahoma, which has the highest personnel shall be available to

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ensure security, surveillance, and with – prisoners’.11 Furthermore, The Council of Europe concluded custody, as well as to attend to inadequate staffing levels can mean that on average in its region, there medical, psychological, educational, staff are expected to undertake were about three inmates per labor, and other needs’.10 In several significant amounts of overtime member of custodial staff in 2013 countries, the European Committee and long shifts in order to maintain (excluding health education and for the Prevention of Torture (CPT) basic security. This can lead to other staff).13 The ratios ranged from has highlighted both, ‘a potentially ‘high levels of stress in staff and 2.9 prisoners per guard in Scotland dangerous situation for vulnerable their premature burnout’. Too few to 12.9 in the Slovak Republic.14 prisoners’, as well as ‘dangers staff can also mean that prisoners In other regions, reliable for staff, whose position can be spend large amounts of time locked information about the numbers compromised by their inability to up in their cells and are unable to of prison staff is even more exert proper control over – and participate in out-of-cell activities difficult to find and to interpret. develop a constructive dialogue where these are available.12

Recruitment and retention In many parts of the world, work In order to address the problem of correctional service. New staff in prison is not highly valued the social status of prison staff, the have been recruited to the system or recognised. Typically, this is Nelson Mandela Rules encourage with enhanced pay and increased also reflected in a lack of active prison administrations to improve responsibilities. Corrupt practices recruitment policies, in low salaries, awareness of the importance of are met with instant dismissal.22 other unattractive conditions this work as a social service.19 International standards require that of service, low social status of Salaries should be adequate to prison staff are employed without the work, or competition from attract and retain suitable staff, discrimination on any grounds,23 other professions such as law and benefits and conditions of and that staff should comprise enforcement agencies. As the employment should reflect the suitable employees and officers, UNODC put it: ‘unfortunately […] exacting nature of the work as of both sexes. In a recent report, the status of prison staff is very low part of a law enforcement agency. the UN Special Rapporteur on in most countries. Little attention Norms in the Americas, for example, minority issues highlighted the is given to their proper recruitment explicitly require that personnel underrepresentation of minorities and training. A large majority will of places of deprivation of liberty in law enforcement agencies, not have sought a career in the be provided with the ‘necessary and suggested that, ‘[t]argeted prison service in particular, eg. they resources and equipment so as to measures such as quota systems might be former military personnel, allow them to perform their duties as well as affirmative action or people who have been unable in suitable conditions, including fair policies may help to achieve an to find other employment’.15 In and equitable remuneration, decent actual increase in the recruitment, the United Arab Emirates, police living conditions, and appropriate retention and progression of recruits with the lowest scores basic services’.20 minorities, including at the most in graduation tests are assigned While international standards senior levels’.24 to the prison system.16 A Penal express a clear recommendation Reform International (PRI) study In many systems, prison officers that staff should have civilian found that in Kazakhstan ‘staff are appointed with a probationary status,21 in many countries there working in institutions for children period. However, in the USA, an are strong links between the in conflict with the law thought that investigation found that over a third prison system and the police or the biggest problems they faced of newly employed corrections military forces. In some countries were the lack of resources, poor officers at New York City’s Rikers there is no specific profession working conditions and low pay’.17 Island jail ‘were not fit for service of prison officer, but rather they In Northern Ireland, it was reported and should not have been hired’. form part of the police, military or in 2015 that, of the 411 staff who In a random sample of 153 recruits, security forces. In the Dominican had joined the prison service since ten had been arrested more Republic, a strategy has been 2012, 99 had left. The dominant than once, 65 had psychological put in place to transform the reason, according to the trade issues, and others had gang police and military administration union, was low pay, although affiliations as well as ‘unexplained’ system – which allowed for the low staffing levels and threats relationships with current abuse of prisoners and was were also significant factors.18 prisoners. However, it can be corrupt, unhealthy, unsafe and difficult to dismiss prison staff in completely lacking in human rights countries with strong unions.25 observance – into a ‘new model’

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Training International standards are clear learning followed by 10-11 weeks Some countries have established that staff should receive initial classroom training.29 In Hong Kong, prison training academies where training before they start work, recruits attend a 26-week residential induction and specialist training as well as continuing in-service training course.30 Officers in the takes place. This is not only the training. Specialist training should Indian state of Maharashtra attend case in Europe where there is a be provided for staff who work with a 12-month basic training course,31 network of such institutions.34 In specific categories of prisoner, while in Norway prison officers India, the Academy of Prisons such as women, young persons go through a two-year education and Correctional Administration and prisoners with special needs, at the Staff Academy, where they was established in Vellore in foreign nationals or prisoners with receive full pay and are taught 1979, financed by the four mental health problems.26 various subjects like psychology, southern states, with the aim of criminology, law, human rights and preparing correctional officers ‘to There is substantial variation in the ethics.32 Since September 2007, achieve the goals of Reformation, recruitment and training of prison all newly recruited prison officers Rehabilitation and Reintegration staff. Basic induction training may in Ireland complete an accredited of Prisoners into Society’.35 The last a matter of weeks or much two-year Higher Certificate in UNODC has undertaken work longer. In England and Wales, basic Custodial Care, which replaced to enhance training at Nigeria’s training will be increased from six the previous nine-week induction staff college in Kaduna36 and weeks to 12 weeks in 2016, with ten training. The course includes is currently working to develop weeks at a learning centre and two modules on communication and Ethiopia’s prison training school weeks in a prison.27 In the Australian interpersonal skills, human rights, in Aleltu.37 The training academy state of Victoria, new recruits attend pro-social modelling, health and in the Dominican Republic has a pre-service training course that safety, prison‑craft, the sociology of been central to the transformation runs for seven weeks.28 Canada’s Irish society, equality and diversity, of the previously corrupt and initial course comprises three healthcare, prison law, education, militaristic prison culture into a stages, including eight weeks online mentoring, and ethics.33 professional public service.38

Working conditions While salary levels and other and, ‘[s]taff had no option but to reported to be a concern, or even conditions of service should reflect offer supplementary services to the amounting to torture or other forms the important contribution made prisoners in return for money’.42 of ill-treatment, prison staff may be to society, the UNODC reports that subject to the same conditions as While creative measures can the salaries of prison staff, ‘are inmates. These may include poor be taken to reduce corruption, normally quite inadequate, which physical infrastructure, insufficient for example, by moving staff contributes to dissatisfaction and space, air and light, a lack of frequently to new locations corrupt practices’.39 There appears sewerage and waste disposal or or to employment without considerable variation among other unhygienic conditions.43 direct contact with prisoners, salaries in higher income countries. this is not always possible or In lower and middle income In the US state of Texas, starting desirable. Addressing pay and countries, accommodation salaries for correctional officers are working conditions is required provided to prison staff may be less than USD$2,700 a month40 and to resolve the problem. Prison sub-standard. A report in Kenya, in Western Australia the equivalent officer remuneration and benefits for example, found that staff of USD$4,000.41 (eg. pension, health insurance) quarters were in a deplorable In lower income countries, pay rates should be aligned with comparable condition.44 In neighbouring can be very low and can render public service professions, for Uganda, new accommodation staff vulnerable to corrupt practices. example police officers, teachers was constructed for staff at The former UK Ambassador to or nurses, and take into account Luzira Prison, providing major Afghanistan reported being told the complex and sometimes improvements to the almost slum by the Governor of Pul e Charkhi dangerous nature of the role. dwellings available previously.45 prison that, at a time when an There are other aspects of working Irrespective of accommodation Afghan family needed USD$100 conditions that have an impact standards, prisons are often a month to survive, he was paid on prison staff. For example, located in isolated places, away USD$42 and his guards USD$17 where detention conditions are from urban settlements, making

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it difficult for prison officers to experiences of prison officers also dependent on the working access services and facilities such employed within it.46 In France, the conditions of staff’ and that prison as shops, doctors, social activities General Controller who inspects officers who feel valued, trusted and and schools for their children. the country’s prisons has reported respected at work are more likely to consistently since the beginning of apply these values to the treatment The organisational culture of a his mission (in 2011), that ‘respect of prisoners.47 prison has a significant influence for human rights in prison […] was on the working conditions and

Safety, security and health Prison officers may experience an Prison staff can be at risk of being The adoption by the UN of the almost continuous risk of assault taken hostage when prisoners are Nelson Mandela Rules provides an while on duty, and at the same protesting about conditions or other important opportunity for member time have to deal with challenging aspects of their cases. One such states to review their compliance situations such as self-harm and incident was reported in Mauritania with the revised standards and suicide attempts by prisoners. when prisoners protested that to introduce reforms where their Working day to day in such an they had not been released having prison systems fall short. Assessing environment takes its toll, with completed their sentence.51 the adequacy of the numbers of documented effects including prison staff, their pay, conditions Sickness levels are often high, depression, a sense of isolation, and training should be a central exacerbated by physical conditions poor physical health, sleepless component of such a review, to be (such as extreme heat),52 exposure nights, difficulties relaxing, ‘bringing undertaken with regard not only to to disease, or witnessing traumatic the job home’, and emotional international standards but to good events. In one prison in Scotland, desensitisation, sometimes resulting practice from around the world, between 2013 and 2015 the number in alcohol and drug dependency. making use of expert technical of ‘days lost’ by prison wardens and Demands are particularly great assistance where appropriate. staff absent as a result of anxiety, for staff involved in supervising stress or depression amounted high‑risk offenders and those on to more than six years of work.53 RECOMMENDATION 13 death row.48 In Canada, it is estimated that States should assess the Prison staff are also exposed to one in four prison guards suffers adequacy of prison staffing health risks. Many studies have from post-traumatic stress, with arrangements ensuring shown that the risk of infection with one study finding that during the sufficient prisoner-staff ratios, diseases such as hepatitis B and C course of a career a prison officer pay levels and working and tuberculosis (TB) is significantly might be exposed to 28 ‘critical conditions. They should higher among prisoners than in the incidents’ such as suicides, hostage ensure adequate training prior general population, in particular takings, murders or assaults.54 to and continuously during where prisons are overcrowded Prison staff are thought to be at service and adopt a code of and detainees subject to unhealthy higher risk of suicide than police ethics for prison personnel. conditions such as lack of air, light, officers.55 Research in the UK has The awareness of the public sanitary facilities and means of found that 84 per cent of prison should be increased as to the personal hygiene, and adequate officers feel pressure to work importance of the work of prison nutrition. The TB notification rate while unwell at least sometimes, staff as a service to society. in prisons ranges from 11 to 81 whereas more than half always times higher than in the general experience such duress.56 population.49 While with sensible In countries experiencing conflict, precautions risks can be minimised, prison staff can find themselves they cannot be eliminated. in the front line. The Nigerian Prison staff face risks of violence Prison Service has lost 42 officers in their daily work. In 2013-14, 682 in the war against Boko Haram, officials were injured on duty in which target prisons as a way South Africa’s prisons.50 Fifty were of promoting lawlessness and assaulted and stabbed by prisoners. recruiting conscripts.57 Riots, Of the 682 injured, 338 required uprisings and attacks from basic medical attention, while insurgents have cost prison staff another 332 suffered temporary their lives in a range of other total disablement, and ten were countries, particularly in the Middle permanently disabled. Two died East and Latin America.58 from their injuries (they were not injured by prisoners).

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Endnotes

All website links cited were accurate 18 ‘Anger over pay as quarter of new prison 32 See ‘About the Norwegian Correctional at the time of going to press in April 2016. officers quit’, Newsletter, 23 December Service’, undated http://www. 2015 http://www.newsletter.co.uk/news/ kriminalomsorgen.no/information- 1 Rule 74 (1), revised Standard Minimum northern-ireland-news/anger-over- in-english.265199.no.html. Rules for the Treatment of Prisoners pay-as-quarter-of-new-prison-officers- (the Nelson Mandela Rules). 33 Irish Prison Service, undated http://www. quit-1-7132285#ixzz3xKrJto9F. irishprisons.ie/index.php/prison-support- 2 US Bureau of Labor Statistics, 19 Nelson Mandela Rule 74.2 units/training-a-development-centre. Correctional Officers in Occupational Outlook Handbook, 2014-5 edition. 20 Principles and Best Practices on the 34 The European Prison Network of Protection of Persons Deprived of Prison Training Academies (EPTA) 3 Liebling A, Price D & Shefer G, The Liberty in the Americas, Principle XX. administered by the Georgia Corrections Prison officer, Routledge, 2012, pp8-9. 21 Nelson Mandela Rules; see also Principles service http://www.moc.gov.ge/en/ 4 Rule 75, revised Standard Minimum of Best Practice on the Protection of partners/international-organizations/ Rules for the Treatment of Prisoners Persons Deprived of Liberty in the article/21366-european-prison-network- (the Nelson Mandela Rules). Americas, which state that: ‘as a general of-prison-training-academies-epta. 5 Ibid. rule, members of the Police or Armed forces 35 Academy of Prisons & Correctional 6 The Code builds on Council of Europe shall be prohibited from exercising direct Administration (APCA), http:// Recommendation R(97)12 on staff, custody of persons deprived of liberty, www.apca.tn.nic.in/. which concerned the implementation unless it is a police or military institution’. 36 UNODC, Evaluation, Improving the Nigeria of sanctions and measures. 22 ‘Dominican Republic’s more humane Prison Service adherence to international 7 Inter-American Commission on Human prison model’, Reuters, 23 May 2014 standards in the treatment of prisoners Rights, Principles and Best Practices http://uk.reuters.com/article/uk-dominican- through human resource development, on the Protection of Persons Deprived prison-reform-idUKKBN0E21IR20140523. undated https://www.unodc.org/ of Liberty in the Americas, Principle XX 23 For example, European Prison Rule documents/evaluation/ProEvals-2009/ http://www.oas.org/en/iachr/mandate/ 82, list grounds ‘such as sex, race, ProEvals-2010/ProEvals-2011/NGA_ Basics/principlesdeprived.asp. colour, language, religion, political or T52_Evaluation_Report_2_Nov_rev.pdf. 8 UNOPS, Technical guidance for Prison other opinion, national or social origin, 37 Personal communication from Rob Allen Planning: Technical and operational association with a national minority, following assessment of Ethiopian considerations based on the Standard property, birth or other status’. Council Federal Prison System 2014. Minimum Rules for the Treatment of Europe Recommendation Rec(2006)2 38 See ‘A Journey into Hell’, The Economist, of Prisoners (the Nelson Mandela of the Committee of Ministers to member 22 September 2012 http://www. Rules) https://www.unops.org/ states on the European Prison Rules. economist.com/node/21563288. SiteCollectionDocuments/Publications/ 24 UN General Assembly, Report of the Special 39 UNODC, Criminal Justice Toolkit, p35. TechnicalGuidance_PrisonPlanning_ Rapporteur on minority issues, Rita Izsák, 2015.pdf. Effective promotion of the Declaration 40 Texas Department of Criminal Justice, ‘Correctional Officer Salary’, 9 ‘Oklahoma has highest rate of on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic undated https://www.tdcj.state.tx.us/ prison homicides in the nation’, divisions/hr/coinfo/cosalary.html. News OK, 16 February 2015 http:// Minorities, 30 July 2015, A/70/212. newsok.com/article/5394135. 25 See, for example: ‘Why It’s So Hard 41 Government of Western Australia, to Fire an Abusive Prison Guard’, Department of Corrective Services, 10 Principles and Best Practices on ‘Prison Officer’, undated http://www. the Protection of Persons Deprived The Marshall Project, 27 September 2015 https://www.themarshallproject. correctiveservices.wa.gov.au/careers/ of Liberty in the Americas. opportunities/prison-officer.aspx. 11 For example: CPT, Report to the org/2015/09/27/why-it-s-so-hard-to-fire- an-abusive-prison-guard?ref=hp-1-100. 42 Cowper Coles S, Cables from Kabul, Portuguese Government on the visit to HarperCollins, 2011, p146. Portugal carried out by the European 26 Nelson Mandela Rules 76(2); see also Committee for the Prevention of Torture CoE R(97) 12 and prison standards in 43 UN Special Rapporteur on Torture, and Inhuman or Degrading Treatment the Americas which require that ‘such Study on the phenomena of torture, or Punishment (CPT) from 7 to 16 instruction and training shall include, cruel, inhuman or degrading treatment February 2012, CPT/Inf (2013) 4. at least, education on human rights; or punishment in the world, including an assessment of conditions of detention 12 The Sixth Report of UK NPM found that on the rights, duties, and prohibitions in the exercise of their functions; and A/HRC/13/39/Add.5, 2010, paras. 9 & ‘The new core day, introduced across 229‑237. most adult prisons in this reporting on national and international principles year, was hampered by staff shortages, and rules regarding the use of force, 44 ‘Uninhabitable places prison warders, which impacted on prisoners’ access to firearms, and physical restraint’. officers call home’, The Standard, 6 July meaningful activity’, UK National Preventive 27 House of Lords Written Answer 2015 http://www.standardmedia.co.ke/ Mechanism Sixth Annual report 2015 by Lord Faulks 22 June 2015 HL article/2000168152/uninhabitable-places- http://www.nationalpreventive Deb, 22 June 2015, cW. prison-warders-officers-call-home. mechanism.org.uk/wp-content/ 28 See ‘Corrections Victoria Jobs’, 45 Visited during 2012 Conference of African uploads/2015/12/NPM-Annual- undated http://correctionsjobs.vic. Correctional Services Association. Report-2014-15-web.pdf. gov.au/prison-officers/training/. 46 PRI/APT, Institutional culture in 13 Council of Europe, Annual Penal Statistics 29 See Correctional Service Canada, detention: a framework for preventive SPACE 1 Survey 2013, Table 17. ‘Training and Appointment’, undated, monitoring, 2nd edition, 2015. 14 There must be some doubt about the data http://www.csc-scc.gc.ca/ 47 Liebling A, Prisons and Their Moral for the Slovak Republic, which reports careers/003001-3004-eng.shtml. Performance, Oxford University only 18 per cent of its staff as custodial 30 Hong Kong Correctional Services Press, 2004, pp375-430. with 66 per cent in the ‘other’ category. Department, ‘Correctional Services 48 PRI, Prison guards and the death penalty, 15 UNODC, Criminal Justice Assessment Department launches Officer 2015 http://www.penalreform.org/wp- Toolkit: The prison system, recruitment exercise’, 3 December 2015 content/uploads/2015/04/PRI-Prison- Section 6.4 – Personnel, p35. http://www.info.gov.hk/gia/general/ guards-briefing-paper.pdf. 16 Personal Communication from Rob Allen. 201512/03/P201512030570.htm. 49 Dara M, Chorgoliani D, de Colombani 17 PRI, Voice of the child: Findings 31 See Maharashtra State Prison Department, P, ‘TB Prevention Control and Care from a survey of children detained Note on Points under Section 4 (1) of in Prison’ in Health in Prisons, WHO, in closed institutions in Kazakhstan, Right of Information Act 2005 2014 http://www.euro.who.int/__data/ Kyrgyzstan and Tajikistan, 2015. https://www.maharashtra.gov.in/Site/ assets/pdf_file/0005/249197/Prisons- Upload/RTI/Marathi/ROIA601.pdf. and-Health,-8-TB-prevention-and- control-care-in-prisons.pdf.

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50 South African Correctional Services correctional-officers-are-killing-themselves/. Department, Annual Report for 56 ‘University of Bedfordshire research April 1 2013 to March 31 2014. shows prison ‘presenteeism’ is a serious 51 ‘Mauritanian prison siege ends with safety risk’, Bedfordshire News, 7 January hostages freed’, Arab News, 25 2016 http://www.bedfordshire-news. January 2015 http://www.arabnews. co.uk/University-Bedfordshire-research- com/world/news/694366. shows-prison/story-28479418-detail/ 52 Holt D, Heat in US Prisons and Jails: story.html#ixzz3xKqQpbvX. Corrections and the Challenge of Climate 57 The Reformer – a bulletin of the Change, Columbia law School, 2015 Nigerian Prisons Service magazine, https://web.law.columbia.edu/sites/default/ Volume 5, No 3; January-June 2015. files/microsites/climate-change/holt_-_ 58 For example: ‘Iraq jail riot: up to 50 inmates heat_in_us_prisons_and_jails.pdf. and 12 police killed as dozens escape’, 53 ‘Stress-related staff absence at north- The Guardian, 9 May 2015 http://www. east prison amounts to six years of theguardian.com/world/2015/may/09/ work’, Press and Journal, 14 July 2015 iraq-jail-riot-leaves-up-to-50-prisoners- https://www.pressandjournal.co.uk/fp/ 12-police-dead-escape-terrorists. news/north-east/peterhead/720936/ stress-absences-at-north-east- superjail-total-six-years-of-work/. 54 ‘PTSD taking its toll on Canada’s prison guards’, CBC News, 24 July 2015 http:// www.cbc.ca/news/canada/ptsd-taking-its- toll-on-canada-s-prison-guards-1.3166791. 55 ‘Correctional Officers Are Killing Themselves’, INPUBLICSAFETY, 24 August 2015 http://inpublicsafety.com/2015/08/

Penal Reform International | Global Prison Trends 2016 | 7 GLOBAL PRISON TRENDS SPECIAL FOCUS 2016 Prison staff: overworked and underpaid?

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Penal Reform International www.penalreform.org Twitter: @PenalReformInt PRISON MANAGEMENT

PART 5 Prison management

Tackling overcrowding In many countries, overcrowding In India, measures to address In Turkey, five large campuses have has continued to be the dominant overcrowding include a major prison been developed, with 10,000 people problem for prison administrations. building and renovation programme living on one campus. Prison officers The UNODC told the Doha Crime (125 new jails across the country), also live on the campus and there Congress that prison overcrowding as well as: better access to legal are social facilities for them (housing, has reached epidemic proportions aid support; more resources for the shops, sport areas and parks, barber, in many countries.166 In 2014, courts; better use of technology to tailor, café, etc). One hundred and 77 countries worldwide were reported expedite court processes; release forty-two prisons are planned to to have a prisoner occupancy rate if there has been inordinate delay; close.174 The construction of such higher than 120 per cent, with some plea bargaining; and the expansion large facilities runs the risk of providing as high as almost 400 per cent. The of bail and other alternatives to unnecessary places and may have a problem is localised and extremely imprisonment.169 New prisons are negative impact on rehabilitation, not challenging, according to the planned in Korea with an increase only because prisoners will tend to be UNODC. Countries which mandate in the minimum space per person further from home but because they pre-trial detention for drug‑related from 2.8 square metres to 3.3 square may not receive individual attention. crimes, particularly in Latin America, metres.170 One of the new prisons There is a growing recognition that for are one such example.167 planned in Malaysia will be an ‘agro’ the very many women in prison with (agricultural) prison to help the system While the main answer to prison histories of trauma, ‘the controlling become more self-sufficient.171 overcrowding lies in reductions in prison atmosphere can trigger a the unnecessary use of imprisonment, Two new prisons are being built in traumatic memory, and elicit a reaction other responses have been tried. Honduras, one a minimum security that can be perceived by staff as In 2015, Norway arranged for prison for 2,000 prisoners, the uncooperative or disruptive’.175 This 400 prisoners to be accommodated second a medium and maximum has implications for the design of in the Netherlands, and Switzerland security prison with capacity for women’s prisons, favouring housing is considering transporting prisoners 2,500 prisoners. A system of units that support relationships and to France or Germany as its own early release is also to be offered promote a positive sense of self. prisons have exceeded capacity. to prisoners convicted of minor crimes who have completed half Prison construction may be needed RECOMMENDATION 14 their sentence and shown good when existing facilities are beyond Prison building should be behaviour.172 repair or otherwise inadequate. In undertaken only when options 2015, the United Nations Office for The trend towards larger prisons of reducing the demand for Project Services (UNOPS) published looks to continue. The Saudi prison have been exhausted a detailed guide to facilitate a human Arabian General Directorate of or when existing facilities rights approach to the development Prisons, for example, has said that cannot be refurbished. New of prison infrastructure.168 A number three correctional institutions for prisons should be designed in of countries are seeking to build the treatment, training and social accordance with principles of new prisons as a way of tackling rehabilitation of young offenders will good practice on a suitable scale overcrowding. be established to accommodate and those for women designed 12,000 prisoners.173 in a gender-sensitive manner.

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Nelson Mandela Rules: on admission (and afterwards) Protection of vulnerable groups have been amended and now Revisions to provisions for prisoners The review of the Standard require healthcare staff to seek with particular vulnerabilities were to identify any signs of prior Minimum Rules for the limited. Overall, it was clarified ill‑treatment or of psychological that prison administrations should Treatment of Prisoners or other stress, including risk identify the individual needs of of suicide or self‑harm, and After four years of negotiation, prisoners and should not regard substance withdrawal symptoms. on 17 December the UN General measures taking account of such Healthcare is to be governed by Assembly adopted the revised UN needs as discriminatory. Some the same ethical and professional Standard Minimum Rules for the new provisions were incorporated standards as those applicable to Treatment of Prisoners.176 on children imprisoned with their patients in the community, which parent, including that decisions on includes the principles of informed The review had been completed cohabitation should be based on consent and confidentiality. by the UN Commission on Criminal the best interest of the child and Justice and Crime Prevention Disciplinary measures that adequate healthcare must in May 2015 after consensus be provided for these children. was reached at the fourth and and sanctions Prison administrations are now last inter-governmental Expert Changes in this area were required to make all reasonable Group meeting in South Africa. comprehensive and include updated accommodation and adjustments to To honour the legacy of Nelson guidance on the use of instruments ensure that prisoners with physical, Mandela, it was decided that the of restraint, procedural safeguards mental or other disabilities have revised Rules would be known in disciplinary procedures, and full and effective access to prison as the ‘Nelson Mandela Rules’. clarification of prohibited disciplinary life on an equitable basis. Outdated The completion of the review was sanctions (eg. restriction of drinking terminology regarding prisoners with a historic event. It was the first time water). As an overarching principle, disabilities has also been addressed. that the international community prison staff are encouraged to had updated one of its soft law use conflict prevention and other Access to legal representation standards,177 and it also consolidated alternative dispute resolution Provisions have been updated and criminal justice and human rights mechanisms to prevent disciplinary expanded to cover access to legal standards, now both acknowledging offences and resolve conflicts. representation not only during the rights of prisoners and providing Solitary confinement, defined as pre-trial detention and criminal solid and up-to-date guidance for separation from the general prison proceedings, but also beyond prison staff. population without meaningful conviction and for other legal human contact for 22 hours a proceedings. Rules were also brought Eight substantive areas were day or more, should be limited to in line with the 2012 UN Legal Aid revised. Some of the main changes exceptional cases as a last resort, Principles and Guidelines.178 Prisoners are listed below. for as short a time as possible, and must be given adequate opportunity, Respect for prisoners’ be subject to independent review. time and facilities to communicate Indefinite and prolonged solitary and consult with legal advisers, inherent dignity confinement (exceeding 15 days) including legal aid providers, Two principles – the prohibition of is prohibited absolutely. without delay, interception or torture and other cruel, inhuman or censorship and in full confidentiality. degrading treatment or punishment, Investigations of deaths For pre-trial detainees, the denial and the principle that prisoners and torture in custody of access to the legal adviser or should be treated with respect for Under the updated Rules, prison legal aid provider must be subject their dignity and value as human directors are now obliged to to independent review, without beings − are incorporated throughout report, without delay, any death, delay. Prisoners are allowed to keep the revised Rules, and are also listed disappearance or serious injury to documents relating to their legal as basic principles in Rule 6. Both whichever competent, independent proceedings in their possession. these principles are reflected in the authority is mandated to conduct obligation to treat the body of a prompt, impartial and effective Complaints and deceased prisoner with respect and investigations. The revised Rules independent inspection dignity, and a prohibition on holding also capture explicitly the obligation Standards on what information prisoners in slavery or servitude. of the prison administration to fully prisoners must be given and their The revised Rules also include, cooperate with that authority and access to complaints mechanisms for the very first time, guidance ensure all evidence is preserved. have been updated. The revised Rules on searches of prisoners, cells and They are also obliged to notify the call for measures to protect prisoners visitors, closing a significant gap prisoner’s next of kin or emergency against retaliation, intimidation in international standards. contact persons. As an important tool or other negative consequences Medical and health services to record such incidents and related as a result of making a complaint. complaints, the revised Rules require The impact of external monitoring The Rules now clarify that prison a standardised file management has been acknowledged with the healthcare: is a state responsibility, system in every place of detention, introduction of a requirement of a should be the same standard with a secure audit trail. twofold system of regular inspections, as available in the community, internal as well as external, by an and should be organised in close independent body. The revised Rules relationship to the general public specify the powers of inspectors, health administration. Existing including their right to access all provisions on health screening

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relevant information and places of detention, make unannounced visits, have free choice of Privatisation interviewees, and undertake fully confidential interviews with both and use of prisoners and prison staff. The updated Rules require written resources inspection reports and encourage their publication. Trends in the privatisation of prisons long term attract new money (since are hard to identify. A number of government pays if the outcomes are Training of staff privately run prisons have suffered achieved). There are also risks that Provisions on staff training were problems – for example in New rewarding success may only incentivise updated and now emphasise the Zealand, where the government efforts to rehabilitate those prisoners necessity of training staff prior to imposed new management on who are easiest to influence while their entry into service, as well Mt Eden prison after video footage offenders with complex needs may as of ongoing in-service training, of prisoners fighting was posted to be neglected. with a curriculum reflective of YouTube and prisoners appeared to One substantial and high profile Social contemporary evidence-based be in possession of mobile phones.181 best practice. The list of training Impact Bond in New York City’s Rikers There has been a debate in the requirements includes: security Island jail attempted to reduce the USA about the proper role of private and safety, the concept of cycle of incarceration among young companies following the publication dynamic security, use of force offenders. The project was ended early of a study which showed that private and instruments of restraint, as for a variety of reasons, including a well as management of violent prisons keep prisoners longer without decline in numbers of eligible young offenders, with due consideration reducing future crime.182 Covert filming people and the withdrawal of key of preventive and defusing of staff violence towards young people partners.186 An evaluation found that techniques. Any staff in charge of in a privately run secure training centre the intervention (Moral Reconation working with certain categories has recently re-ignited the debate in Therapy – a form of cognitive of prisoner should receive the UK.183 specialised training. behavioural treatment) did not reduce 2015 saw the privatisation of the re-offending.187 While this may be seen While they consolidate relevant guidance for prison administrations majority of probation services in as a failure, the City paid nothing for 184 and staff into one document, England and Wales and the the initiative – and would have done the revised Rules continue collection of fines is also set to be so only if the programme had achieved to be supplemented by other privatised. There have been mixed its outcomes. criminal justice and human rights results from so-called ‘payment by The USA has also seen more radical standards, such as the UN Bangkok results’ programmes, which seek proposals for using financial incentives Rules for women prisoners, the UN to incentivise positive outcomes to curb the use of prison. These Beijing Rules for juvenile prisoners from prison and probation providers include charging counties for how and the UN Basic Principles on the through financial rewards. The US use of force and firearms. many people they send to state has also seen experiments with prison; another involves limiting the The UN Resolution which adopted payment by results approaches, which number of days in state prison which the revised text encourages offer a particular model of financing are made available for residents from Member States to endeavour to prevention and rehabilitation activities. each county annually.188 Several improve conditions in detention, A recent analysis by the Brookings consistent with the Nelson ‘justice reinvestment’189 initiatives Institute of 48 Social Impact Bonds Mandela Rules and all other have focused on removing a ‘perverse (SIBs) worldwide (four of which relevant and applicable United incentive’ – if county probation officers 179 funded work to reduce recidivism) Nations standards and norms. report a breach of someone they found mixed results. The Bonds It also invited the Commission on supervise, the offender is sent to a involve private investors funding an Crime Prevention and Criminal state prison, which the county doesn’t Justice (the ‘Crime Commission’) intervention through an intermediary have to pay for. to consider reconvening the organisation − the government open‑ended intergovernmental repaying the funder only if the Expert Group ‘to exchange good programme achieves certain specified RECOMMENDATION 15 practices and the challenges goals according to an independent Where appropriate, approaches faced in the implementation of the assessment.185 Apart from attracting should be considered in which Nelson Mandela Rules’. resources into prevention, Brookings resources are shifted from The 2015 Resolution of the Human found the mechanisms were often imprisonment to community- Rights Council on human rights successful in focusing on outcomes, based measures for preventing in the administration of justice building a culture of evaluation, driving crime and managing offenders, ‘invites States to assess their performance management and such as justice reinvestment national legislation and practice in fostering collaboration. But they were initiatives in the USA and UK. accordance with those standards, including the revised United less successful in achieving scale, Nations Standard Minimum Rules fostering innovation or sustaining for the Treatment of Prisoners impact. Moreover, the way many have (Mandela Rules)’.180 been designed has not reduced risk to government and may not in the

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Security issues and violence Violence continues to be a problem affiliation. In New Zealand, a clinic visits Reports of officials assaulting in many prisons all over the world. A prisons and removes visible tattoos on prisoners in South Africa’s prisons study commissioned by the Council faces, necks and lower arms, at a cost have increased, according to the of Europe confirmed, ‘that violence of $NZ30 a session.192 Judicial Inspectorate of Prison’s latest in institutions for juvenile offenders is report, which shows that the number More orchestrated incidents of prevalent and that it can be considered of complaints it received in the last violence have been reported in an issue of serious concern. Half of quarter of 2014 was more than triple almost all regions. Riots have become the responding Member States have the number recorded for the same relatively commonplace in Latin indicated they consider violence in period in 2013.210 2015 saw five America, in the worst cases leading institutions of ‘serious’ or ‘very serious’ Argentine guards sentenced to life in to deaths and serious injuries, escapes concern’.190 The research found that, prison for beating a prisoner to death and destruction of prison capacity. ‘causes of violence in institutions for in 2012.211 Brazil,193 Mexico,194 Colombia,195 juvenile offenders are various and can Venezuela,196 Honduras,197 and More positively, the Jamaican roughly be distinguished between El Salvador198 experienced serious Minister of National Security is causes related to importation factors, episodes of disorder in 2014-15 but reporting a significant reduction in such as the mental health of juveniles other regions have not been immune: violent incidents at the St Catherine and their background, and causes in Russia, there have been violent Adult Correctional Centre, which he related to deprivation factors, including protests over restrictive detention attributes to strong leadership and a the capability to adjust to life in an conditions199 and, in Thailand, riots number of rehabilitation programmes institution, the regime, conditions in followed drug checks in the living being undertaken at the facility.212 institutions and the presence of justice quarters.200 Prisoners demanding Following an upturn of violence in mechanisms’. In the UK, the National Wi-Fi and cell phones rioted for New York’s Rikers Island jail, there Preventive Mechanism reported that, in several hours inside Roumieh Prison are plans to provide a minimum of 2014-15, ‘the emerging phenomenon in Lebanon, days after videos were five hours non-school activities per of new psychoactive substances in leaked online showing members of day for teenage prisoners, to reduce prisons contributed to problems of Lebanon’s Internal Security Forces boredom and increase opportunities violence among prisoners’.191 torturing inmates in the prison.201 After for rehabilitation.213 Assaults by prisoners on other a riot broke out in an Iraqi prison, prisoners and on staff have been up to 50 prisoners and 12 police RECOMMENDATION 16 increasing, for example, in England officers were killed and dozens of Reducing violence should be and Wales, and Denmark. Denmark prisoners escaped, including several a priority for prison systems, is looking to tackle this by spreading convicted terrorists.202 Riots have with plans put in place for gang members out among the also taken place in the USA,203 ensuring that, as far as possible, country’s prisons. In a number Australia (reportedly in response prisoners, staff and visitors are of countries, prisoners can take to a smoking ban),204 Canada,205 kept safe while in custody. advantage of tattoo removal schemes Ireland,206 Afghanistan,207 Nigeria208 to assist them in giving up gang and Greece.209

Fragile and conflict-affected states Challenges facing criminal justice and Conflict-affected states in many Attacks have also been reported prison systems in fragile and conflict- parts of the world have seen prisons in Niger219 and Nigeria has closed affected states remained formidable. targeted by insurgent groups. Thirty prisons because of threats from It is increasingly accepted that prisoners and ten guards were killed Boko Haram.220 In the Central African experiences in detention have been in a prison near Baghdad,216 while Republic, hundreds of prisoners instrumental in the development of dozens were freed from a notorious escaped from Bangui’s central jail in ISIS,214 although there is disagreement prison at Palmyra.217 A detention September 2015.221 about the extent to which prisons have centre in Tripoli was attacked by ISIS As well as becoming sites of military becomes ‘universities of terror’ in other in September 2015 with a view to clashes, prisons in conflict-affected parts of the world.215 freeing prisoners.218 areas can be used for arbitrary

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detention and torture in breach of The UN Department of Peacekeeping (DAP) has acknowledged these and international law. Such breaches Operations (UN DPKO) has found that, in 2015 drew up a Plan to Improve have, for example, been documented ‘very often prisons take the lowest Prison Conditions (Plan d’Amélioration in Libya.222 priority in post-conflict environments. des Conditions de Detention) to As a result, they typically suffer from address overcrowding, improve Once active conflicts have been extreme overcrowding, lack of food, hygiene, healthcare, and nutrition, and brought to a close, the importance absence of adequate medical care and increase access to legal and social of creating a system of justice has poor sanitation, poor management services. The DAP has also said that been increasingly recognised, for and security. In addition, political it will regularly convene a workshop example by the UN Secretary-General interference is often rampant and with civil society organisations to in respect of South Sudan. He noted oversight mechanisms non-existent discuss progress.226 that, ‘the collapse of already-weak or biased. Many people are subject rule of law institutions in the context to prolonged pre-trial detention’.224 of the national crisis, the resulting RECOMMENDATION 17 absence of an effective police force There have been some examples The development of prisons and functioning judiciary, and a of improvements, however. Liberia which meet international weakened formal and customary reduced the proportion of prisoners in standards should assume justice system are likely to become pre-trial detention from 90 per cent in a greater priority in one of the most daunting challenges 2009 to 74 per cent in 2014.225 Human peacekeeping operations, to overcome, and risk contributing Rights Watch reported that in Côte alongside the development to a relapse into conflict if impunity d’Ivoire, while enormous challenges of fair and proportionate remains entrenched and basic law exist, the Ministry of Justice’s criminal justice systems. and order services are not restored’.223 Directorate of Prison Administration

Radicalisation Concern has grown about the of the regime, including access to been provided by Saudi Arabia since risks of radicalisation of prisoners meaningful activities. Prisoners in these 2005, and includes help with finding by extremists, with international, establishments feel more recognised work, involvement of participants’ regional and national authorities by the staff as individual people.228 families and countering religious all trying to prevent and counter it. ideas that justify violence. Belgium Different states adopt different The Council of Europe has adopted also intends to recruit psycho-social approaches to the question of whether guidelines and principles for prison workers and specialised Muslim staff radicalised and at-risk prisoners and probation staff to assist them to to try to re-educate prisoners who should be kept separate from other prevent radicalisation.227 The guidelines are already radicalised or on the path prisoners so as not to risk radicalising emphasise the importance of of radicalisation.234 A Nigerian prison a larger population, or dispersed individualised assessment of prisoners, has been using sport to reform Boko among the general prison population regular review of those placed in Haram members.235 so as to expose at-risk prisoners conditions of high security, and the to other attitudes. Belgium,229 The issue of prisoner radicalisation value of using mentors (including France230 and Saudi Arabia231 is new for many countries and a key former extremists who have renounced are among states that segregate recommendation from the Council their views). such prisoners, while Morocco232 of Europe guidelines is to collect Two risk assessment tools that and most European countries233 knowledge and best practices and seek to identify prisoners who have disperse them. It is so far unclear share these internationally. Very few been radicalised or are at risk of which approach is more successful, people actually go on to commit radicalisation are VERA 2 (used in and this is further complicated violent extremist acts even though Australia, Indonesia and elsewhere) by differences at the individual, they may be radicalised, and there are and ERG22+ (developed by the prison and national level (such as recognised risks that overly repressive National Offender Management if prisoners are held in individual measures may increase the likelihood Service in the UK); however, their cells or in collective dormitories). of radicalisation.236 effectiveness in different regional There is a wide variety of measures settings has been questioned. in use aimed at deradicalisation and RECOMMENDATION 18 UK research has found significant rehabilitation. These include the In countries where there is a differences between prisons in inclusion of radicalised or at-risk risk of radicalisation in prisons, levels of anger and alienation prisoners in general rehabilitation measures should be developed among prisoners – both factors efforts, but also new programmes which are both relevant to which make radicalisation more specifically tailored at deradicalisation. the particular risks faced and likely. The differences are explained These can include counselling, maintain a balance between by the nature and quality of staff- deprogramming, dialogue, religious security and rehabilitation. prisoner relationships, degrees of teaching and disengagement. Intensive trust, and the perceived legitimacy post-imprisonment support has

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Food in prisons The revised UN Standard Minimum died from malnutrition, amid reports A 2014 prison report by Armenia’s Rules require that, ‘[e]very prisoner that they were receiving less than one ombudsman noted the presence of shall be provided by the administration meal a day.241 Some of the almost mice in refrigerated rooms252 used to at the usual hours with food of 2,000 people who have died in Syrian store perishable foodstuffs. nutritional value adequate for health prisons in 2014 starved to death, In Mexico, the UN Special Rapporteur and strength, of wholesome quality according to the Syrian Observatory on torture received generalised and well prepared and served’ (Rule for Human Rights.242 In Malawi, the complaints about the small quantities 22 (1)). In addition, certain prisoners, lack of food at Maula Prison meant and poor quality of food, a situation for example those who are sick or that 18 inmates were treated for that is not helped by the fact that pregnant and breastfeeding mothers, moderate to severe malnutrition.243 prisoners are not generally allowed to will have special dietary requirements. A prison doctor wrote that, ‘[we] are receive food from family members.253 struggling with prisoners on totally A World Health Organization report Prisoners in Mexico have also inadequate rations here, and although has stated that, ‘[f]ood is a central complained that they find worms in our hospital has raised funds for component of life in correctional their food.254 therapeutic feeding for prisoners institutions. An understanding of with severe malnutrition (BMI <16) Problems with food and water can lead the ways in which food is acquired, unless the government provides a to protests and violence. A month‑long prepared, distributed and consumed little more, more and more prisoners water shortage at Cambodia’s Prey builds knowledge about the lives will slide into this category’.244 The Sar Prison led to ill health and fighting of incarcerated people and the Central African Republic allowed among prisoners, as prices rose to impact of the prison experience on the International Committee of the £15 per month.255 Better food was health outcomes’.237 The UN Special Red Cross to visit 300 detainees in among the inmates’ demands in at Rapporteur on violence against Bangui and distribute food daily where least one Brazilian mutiny.256 women has written that, ‘inadequate there were severe shortages.245 In quantities and poor nutritional value Recommendations have been Gabon, the UN Subcommittee for the of foods (…) can result in starvation made that healthcare staff should Prevention of Torture found that the and malnourishment, including for also play a more active role in poor diet led directly to different kinds pregnant or nursing women; it can monitoring the quality and quantity of illnesses among the detainees.246 become a commodity traded for sex; of food in prisons257 and that farming The Special Rapporteur on torture denial of food can be used as a form programmes should be established received testimonies that food rations of punishment; because of limited in prisons to offset food costs and in Gambia were inadequate, of quantities, it can lead to fights; and provide better variety and nutrition. A poor quality and often infested with the poor quality and nutritional value programme to improve food safety has unwanted particles.247 may endanger the health of inmates, been introduced in Uganda, looking including impacting the ability of In many of the poorest countries, to apply the five principles of keeping mothers to breastfeed babies’.238 prisoners rely on their families to clean, separating raw and cooked bring in food. Prisoners without this food, cooking food thoroughly, keeping In many countries, even high-income source of food are required to perform food at safe temperatures, and using countries, prison systems fail to services in order to get enough to eat. safe water and raw materials.258 provide enough food. The Chief Payment may be required for food248 Inspector of Prisons in England or for the right for food to be brought and Wales reported in 2015 that, RECOMMENDATION 19 in, as happens in Mali.249 ‘[p]rovision for prisoners’ food was Prison systems should review inadequate’. The allocated food Serious problems with food are not the resources available for budget in 2014-15 was an estimated confined to the lowest income or food in prisons so that the £2.02 or USD$3.14 per prisoner conflict-ridden countries. During a nutritional needs of prisoners per day − a reduction from £2.20 visit to Bulgaria in 2014, the European are properly met, including (USD$3.41) in 2012. Less than a Committee for the Prevention those with special needs such quarter of prisoners reported that of Torture (CPT) delegation was as sick prisoners, pregnant or food was good.239 The funds available ‘inundated with complaints about the breastfeeding women. Food for food for prisoners are often much poor quality and insufficient quantity safety and hygiene should be lower than the average amount spent of the food offered to prisoners’, and vigorously monitored, and in the general population. The table on called upon the Bulgarian authorities innovative food programmes page 29 gives some examples. to take steps to review the quality should encourage positive and quantity of the food.250 In the social interactions and In the most extreme cases, prisoners USA, a Georgia County Jail has healthy outcomes. have died through lack of food and been accused of failing to provide water. In Zimbabwe in 2013, at least adequate nutrition.251 100 prisoners were reported to have

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The amount spent on prisoners’ food per day, versus consumer expenditure on food at home in selected countries240

USD $6.9 Average daily food expenditure (USD) 7 Daily prison food expenditure (USD) 6

5 $4.5 $4.2 4 $3.7 $3.7

$2.7 3 $2.4 $2.6 $2.1 $ 2.1 $ 1.8 2 $ 1.4 $ 1. 5 $1.1 $0.8 1 $0.5

0 Algeria Bulgaria Cameroon Canada Czech Republic Morocco Nigeria Turkey

Corruption

There has been growing recognition Examples of alleged corruption which among the staff, which allowed them of the problem of corruption within have come to light in recent times to obtain better accommodation.267 prison settings, although it is not include: in Zimbabwe, where 30 In December 2015, the Miami Herald possible to say whether its incidence is Justice Ministry officials (including 24 newspaper detailed instances of increasing. The UN Subcommittee on from the prison service) were accused corruption, coerced sex and trading Prevention of Torture (SPT) has found of stealing USD$700,000 intended sex for contraband at the USA’s largest that, ‘[w]here the general conditions for the upkeep of prisoners;261 sexual women’s prison in Florida.268 of detention fall below minimum favours being given to staff in return acceptable standards, it is more likely for better treatment (Philippines, RECOMMENDATION 20 that corrupt prison officers may extort Zambia);262 and improper business Prison administrations should money from inmates with financial activities using prison labour take measures to address means in order for those detainees (Cambodia).263 In Brazil, it has been corruption in prisons, which to have access to certain privileges, reported that prisoners, known as should include: increasing services or benefits’. This is particularly chaveiros or ‘keyholders’, are given transparency, accountability true when prison staff are not the keys to cells and pavilions and use and oversight; establishment adequately paid or where lack of staff their power to charge a weekly tax, sell of clear procedures for and means that trusted inmates can take places to sleep or sell drugs.264 The record‑keeping of decisions; and advantage of their privileged position UN Subcommittee on Prevention of improvements in recruitment to extort money or favours from other, Torture has expressed concern about and training of staff. more vulnerable, inmates.259 The a similar system of chefs de cellules Subcommittee believes that petty which it observed in Gabon.265 In Mali, corruption perpetrated by underpaid where the regime was found to be public officials is widespread in many ‘riddled’ with corruption, ‘detainees places of detention, and particularly who do not pay never leave their cell, in prisons, for both pre-trial and sometimes for several years, except sentenced prisoners. Its 2015 annual to use the toilet once or twice a day, report points out that corruption has a which constitutes cruel, inhuman and disproportionate impact on the poorest degrading treatment’.266 detainees and prisoners, ‘since they Dependence on prison staff for access may be unable to pay bribes, for to their basic needs has been shown example to secure access to legal to increase the vulnerability of women representation, family members, prisoners to sexual exploitation, as medical professionals or other it drives them to ‘willingly’ trade sex persons, to avoid further detention, for ‘favours’ (including access to to be transferred to another place of hygiene articles). In the Philippines, detention or to otherwise secure better women have reported the increased conditions and treatment’.260 status enjoyed by having a boyfriend

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Even in high-income countries, prisons may fail to provide enough food.

TB prison hospital, Kazakhstan. Photo © Karla Nur 2014

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Solitary confinement, isolation and segregation Apart from the restrictions on the use on the scale of the problem. He four of whom had been assessed of solitary confinement introduced found that, with an inmate population at risk of killing themselves or by the Nelson Mandela Rules, which of just over 14,500 in 2014-15, the self‑harming – took their own lives include the prohibition of its use by Correctional Service of Canada while in segregation units in England virtue of a prisoner’s sentence, there (CSC) made 8,300 placements in and Wales.275 is other evidence that attitudes and administrative segregation. He noted A number of countries are continuing practices may be changing.269 that, ‘segregation is so frequently used to introduce ‘supermax’ prisons, first that half (48 per cent) of the current In July 2015, President Obama introduced in the USA. Prisoners at inmate population has experienced ordered a Justice Department review Goulburn supermax prison in New segregation at least once during their of solitary confinement. A month South Wales, Australia, refused present sentence’.272 later, the state of California settled a food for at least 16 days in protest federal class action suit, effectively In the UK, the National Preventive against strict new conditions, ending long-term solitary confinement Mechanism focused on isolation which included only one visit a in all state prisons and the Supreme and solitary confinement in its week, during which they would Court is reportedly ‘looking for a 2014-15 report. Inspectors were not be required to speak English.276 proper vehicle with which to rule on convinced that segregation or use of the constitutionality of the practice’. special accommodation was always RECOMMENDATION 21 However, some US states continue necessary or used as a last resort, Countries should restrict the to hold prisoners in disciplinary solitary finding that, ‘the number of instances use of solitary confinement confinement for up to ten years.270 where prisoners are informally isolated, to exceptional cases where and in many cases in conditions In Canada, the new government absolutely necessary, for as that amount to solitary confinement, (elected in October 2015) decided to short a time as possible, and over long periods of time is of great end the practice of long-term solitary subject to regular substantive concern’.273 In the UK, Inspectors were confinement and to implement the review. Prolonged and indefinite critical of a high-security prison where recommendations of an inquest solitary confinement and a prisoner was kept in segregation into the death of Ashley Smith, the isolation of prisoners with for two-and-a-half years,274 and the teenager who died by self-inflicted special needs specified in Prisons and Probation Ombudsman strangulation in 2007.271 Canada’s Nelson Mandela Rule 45(2) found that in 2013-14 eight prisoners – Correctional Investigator reported should be prohibited.

Preparing prisoners for release The 2015 Doha Declaration277 says a growing recognition of the need to successfully pass a school year, or two that states should implement and equip prisoners with the skills they equivalent training courses, rising to enhance policies for prison inmates need to obtain work on release. a maximum of 15 per cent of a prison that focus on education, work, medical sentence of one year or more.279 In the USA, prisoners were made care, rehabilitation, social reintegration eligible to receive so-called ‘Pell The Conference of Ministers of Justice and the prevention of recidivism. It also grants’ to be used to fund educational of Ibero-American Countries agreed calls for the strengthening of policies courses.278 The new government in on the need for more educational to support the families of inmates, as the UK (elected in May 2015) has and employment programmes within well as to promote and encourage the pledged to strengthen education prisons in the region.280 Canadian use of alternatives to imprisonment, within prisons. The Head of Prisons in prisoners will be trained to use where appropriate, and to review or Makkah, Saudi Arabia, has announced chainsaws281 and, in Western Australia, reform restorative justice and other the development of new regulations prisoners who complete a training processes in support of successful which would allow prisoners to reduce course will be guaranteed a job by reintegration. There appears to be their sentence by five per cent if they a metal work company.282 In Ethiopia,

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workshops in new federal prisons chance.285 In England and Wales, RECOMMENDATION 22 will include tourism and hospitality new arrangements for supervising Initiatives to support prisoners’ 283 management. and supporting short-term prisoners rehabilitation and reintegration on release were implemented in 2015. Practical measures to improve upon release should be started An independent inspection concluded reintegration have also been as soon as possible after that, at year end, ‘the present rather introduced. Jamaica is looking admission, address the root disjointed provision is a long way to expunge minor drug-related causes of offending, and include from the seamless Through the Gate convictions284 and Richard Branson holistic measures, including service so essential to the challenge (the British entrepreneur who founded education, vocational training, of reducing high reoffending rates the Virgin Companies) is among a work, medical care, social and for this group’.286 number of business leaders heading psychological services. a campaign to give prisoners a second

Independent monitoring and inspection By January 2016, 80 countries For example, the Subcommittee’s has been an area of great concern, had ratified the Optional Protocol 2014 annual report noted that its visit ‘gender-specific perspectives have to the Convention against Torture to Azerbaijan had to be suspended not been adequately discussed, and and 64 had established National as a result of difficulties gaining the particular risks of ill-treatment and Preventive Mechanisms (NPMs).287 unrestricted access to several places torture faced by women in detention This represents an increase of four of detention and completing its have received limited attention’.290 ratifications and ten NPMs since the work at others. During 2015, the UN end of 2014. Special Rapporteurs on Torture and RECOMMENDATION 23 on Extrajudicial, summary or arbitrary However, in its 2014 annual report Countries should establish execution also reported the refusal of published in March 2015, the independent, external the government of the Gambia to allow UN Subcommittee for Prevention monitoring of prisons in line them to visit the security wing of Mile of Torture (SPT) noted that, on with good prison management 2 Central Prison during their visit in 31 December 2014, 19 states and international obligations, November 2014.289 parties had not complied with their and to this end consider obligations to create a National Monitoring bodies dedicated ratification of the Optional Preventive Mechanism (NPM) more attention to discriminated Protocol to the Convention within a year of ratification, which it against populations, communities Against Torture (OPCAT) if considers a matter of major concern, and groups. For example, the they have not yet done so. ‘particularly since some States parties UN Subcommittee’s 2014 report appear to be making little progress highlighted the relationship between in fulfilling their obligations’.288 discrimination and the prevention of torture, with a focus on women and Monitors in some countries have not lesbian, gay, bisexual, transgender been able to gain access to all places and intersex persons. It noted that, of detention, or into certain locations even though torture in detention within facilities inspected.

32 | Penal Reform International | Global Prison Trends 2016 ROLE AND USE OF TECHNOLOGIES

PART 6 Role and use of technologies

In line with an increase in technological offenders for the costs of their court low‑quality product by working with development in many societies, appearances was abandoned in jails to shut down traditional in-person criminal justice and prison systems December 2015 following a campaign visitation rooms and requiring families have continued to see a variety against it.296 to pay up to USD$1.50 per minute of applications of computerised for visits via computer screen instead: Community-based supervision is also and automated techniques, both ‘[w]ith some notable exceptions, reinforced by the use of: ‘sobriety to enhance community-based video visitation technology is poorly bracelets’ which monitor whether an surveillance of alleged and convicted designed, does not work well, and offender is drinking alcohol; ignition offenders and to improve aspects of makes a trying time for families even interlock, which prevents banned prison management. more challenging’.300 drivers from using their vehicles; As an alternative to prison or and Field Search, technology which Body worn cameras are being detention, electronic monitoring has monitors computer use and blocks introduced in the UK with a view continued to spread. For example, it access to certain types of sites. to reducing assaults both on and is now being piloted in the Maldives,291 by staff.301 Drones (small remotely Within prisons, new technology is and was introduced in Kazakhstan piloted unmanned flying devices) being used in a number of ways. at the start of 2015.292 GPS tracking have been discovered carrying drugs, Digital learning is increasingly is increasingly available as a way blades, phones and cigars into one common. In India, inmates are being of monitoring the whereabouts of US prison.302 Products are also being given personal email accounts as high-risk offenders. Experience from developed to counter the threat of part of an e-literacy programme.297 South Korea (reported at the 2015 contraband being dropped into prisons A US private corrections service has World Congress on Community by drones in this way.303 introduced a new tablet computer, the Corrections293) found that such JP5mini tablet, made specifically for In Canada, electronic tagging and monitoring reduced recidivism. use by prisoners. The tablet allows facial recognition technology have Before GPS was introduced the prisoners to access music, email, helped to reduce the need for rate was 14.1 per cent and declined video chat and more. The tablet runs prisoners to be escorted around or to 1.5 per cent after use of GPS a locked down version of Android and even outside the prison by enabling – although there was no control offers a censored experience designed their identity and location to be group as GPS coverage is 100 per to ensure that prisoners remain monitored remotely.304 cent. Many offenders felt ashamed connected with the outside world and at being subject to electronic are able to fit back into community monitoring, leading to a rise in the RECOMMENDATION 24 once they have served their time.298 number of suicides and tampering Technological innovation In New Zealand, Secure Online with equipment. There was also should be encouraged within Learning (SOL) will be implemented misguided public perception about prison settings, but not to nationwide after a successful tracking. The public saw it as a the extent that it results in six‑month pilot with young prisoners panacea to crime, which then led to a reduction in human contact at Christchurch Men’s Prison. It allows a negative backlash when a re-offence for prisoners or infringes carefully selected prisoners to securely occurred. Research on the use of prisoners’ right to privacy. access 12 educational websites. electronic monitoring with juveniles in California found that in many There appears to be growing use cases it failed to save money, was of internet-based communications extremely punitive, and often landed technology (such as Skype) to enable young people back behind bars.294 prisoners to maintain contact with their families. However, it has been reported Other challenges relate to the that a pilot scheme was terminated technology itself, particularly limited early in the UK because of concerns battery life, which leads to false alerts. about possible misuse, indicative of a US experience suggests that the cost broader tendency for security priorities of electronic monitoring can inhibit its (particularly relating to terrorism and use. In North Carolina, offenders must extremism) to limit opportunities for pay USD$4.50 a day towards the rehabilitation.299 Concerns have been costs.295 This may reflect a growing raised in the USA about the way that trend for offenders to have to pay for the for-profit video visitation industry their punishment, although in England has stimulated demand for their and Wales a policy of charging

Penal Reform International | Global Prison Trends 2016 | 33 ALTERNATIVES TO PRISON

PART 7 Alternatives to prison

The 2015 Doha Declaration calls with plans in place in Lebanon and There is growing evidence that for practical measures to enhance Jordan. Human Rights Watch has while carefully targeted community the use of non-custodial sanctions proposed that, in finalising a new sentences can act as alternatives and there are a number of positive prison law, the Ministry of Justice to incarceration, placing increasing developments. In Georgia, the creation in Côte d’Ivoire should consider numbers of offenders on such of a probation service has widened the innovations, ‘such as imposing sentences does not automatically range of community-based sentences probation as an alternative to shrink the prison population.308 available to the courts.305 This is the custody − that would ease prison Lessons from several countries also latest in a line of former Soviet Union overcrowding’.307 suggest that making probation and countries which have established other community-based sentences There is increasing interest in using probation services in recent years. more and more demanding does not community resources to assist A new penal code in Kazakhstan is necessarily increase public and judicial with supervision. In Japan, 48,000 expected to increase the numbers of support for it. However, the perception Volunteer Probation Officers (VPOs) offenders on probation from 7,000 in that probation or community work with offenders’ families and 2013 to 50,000.306 sanctions are easy on offenders is help offenders find jobs. (There are not necessarily accurate. Research in In Thailand, there are plans to extend only 1,000 professional Probation Romania, for example, has shown that the maximum prison sentence eligible Officers.) VPOs are local – they live probation leads to financial costs for to be served on probation from three in the same community – and are offenders, imposes restrictions on their years to five. A number of US states seen as neighbours rather than liberty, and gives rise to stigma, and have sought to strengthen supervision government officials. The relationship finds that, ‘there is also the strain of in the community and reduce the is a continuing one, even after living under constant threat of recall numbers returned to prison following the formal sentence has expired. if anything goes wrong’.309 a technical breach of probation. Such an approach fits well with the There seems to be a growing trend emerging ‘desistance paradigm’. towards application of swift, certain This emphasises that helping RECOMMENDATION 25 punishments in response to such offenders leave crime behind is often Countries should develop violations but the sanctions imposed a long‑term process based on a community sentences, tend to be milder. positive relationship rather than via a probation or equivalent specific one-off treatment programme. services in such a way as Efforts are underway to improve the Kenya, Uganda and Tanzania to maximise the potential effectiveness of community service are piloting the use of volunteers for replacing the use of prison as an alternative to short prison to assist in the implementation rather than widening the net sentences in East Africa. Community of alternatives to prison. of criminal justice control. service has been introduced as a sentence in Algeria and Mozambique,

34 | Penal Reform International | Global Prison Trends 2016 ALTERNATIVES TO PRISON

Community service placement at a health centre in Uganda. Photo © Will Boase 2015

The perception that probation or community sanctions are easy on offenders and a ‘soft option’ is not necessarily accurate.

Penal Reform International | Global Prison Trends 2016 | 35 CONCLUSIONS AND RECOMMENDATIONS

Conclusions and recommendations

The adoption by the United of trends and challenges which Drawing on the trends which have Nations of the Nelson Mandela are common to many states. been identified, the recommendations Rules at the end of 2015 signals Overcrowding, excessive use of below are intended to assist an important commitment by pre-trial detention, harsh sentencing policy‑makers, prison administrators the international community to and inadequately resourced prison and civil society organisations who give priority to prison reform. systems, for example, can be found on want to improve the way prison is all continents and in high-, medium- used, managed and monitored in their While the particular reforms needed and low-income countries. So too can particular jurisdiction. vary from country to country, this poor healthcare, lack of alternatives to survey has identified a number custody and risks of radicalisation.

25 key recommendations

Countries should Jurisdictions should States should review undertake reviews of review their pre-trial their drug policies 01 their penal systems 04 arrangements and 07 with regard to in light of the revised UN Standard ensure that remand is used as a proportionality of sanctions, treat Minimum Rules for the Treatment of last resort, only where necessary drug use as a public health rather Prisoners and the recommendations and proportionate. The use of than criminal justice problem, of the 2015 Doha Declaration. non-custodial measures should be and provide drug dependency Donors should consider favourably increased in light of the negative treatment and harm reduction requests for assistance both in impact on the rights of defendants as programmes in prison settings. carrying out such reviews and in well as the socio-economic cost for In line with the UN reforming criminal justice systems. detainees, their families and society. Bangkok Rules, women Jurisdictions should Where necessary, 08 should be diverted from review whether states should develop prison if at all possible, with distinct 02 imprisonment is playing 05 effective prisoner file arrangements made for those for an appropriate role in addressing management systems in accordance whom prison is unavoidable, including crime, and increase alternative with the Nelson Mandela Rules, to help design features in prisons which reflect strategies such as education, crime ensure that detainees and prisoners the distinctive needs of women. prevention and social interventions spend no longer in custody than is As well as seeking to which have been shown to strictly required by law and in order to ensure that children produce more effective results. inform the planning and resourcing of under 18 are kept out criminal justice and penal institutions. 09 Countries should of institutions as far as possible, undertake detailed Countries should assess countries should put in place distinct 03 examination of both the the proportionality of arrangements for young people numbers of admissions to prison and 06 criminal sanctions and over the age of 18 who are still the size of their prison population consider the possibility of reducing developing towards adult maturity, to satisfy themselves that the rates maximum sentence lengths, in which is often not acquired until young of incarceration are in line with particular for non-violent crimes. people reach their mid-twenties. appropriate comparator countries.

36 | Penal Reform International | Global Prison Trends 2016 CONCLUSIONS AND RECOMMENDATIONS

Countries should collect Where appropriate, Countries should data about the numbers approaches should restrict the use of 10 of elderly prisoners 15 be considered in 21 solitary confinement to and their needs as a precursor to which resources are shifted from exceptional cases where absolutely developing appropriate placement imprisonment to community- necessary, for as short a time as options, including the possibility of based measures for preventing possible, and subject to regular compassionate release or alternative crime and managing offenders, substantive review. Prolonged and accommodation outside prison. such as ‘justice reinvestment’ indefinite solitary confinement and initiatives in the USA and UK. isolation of prisoners with special States must ensure that needs specified in Nelson Mandela courts do not apply Reducing violence should Rule 45(2) should be prohibited. 11 harsher punishments be a priority for prison by reason of an accused person’s 16 systems, with plans put Initiatives to support membership of a minority ethnic in place for ensuring that, as far as prisoners’ rehabilitation group or status as a foreign national. possible, prisoners, staff and visitors 22 and reintegration upon are kept safe while in custody. release should be started as soon as States should increase possible after admission, address the their attention to prison The development of root causes of offending, and include healthcare, in light of prisons which meet 12 holistic measures, including education, the negative impact of poor physical international standards 17 vocational training, work, medical care, and mental health on rehabilitation should assume a greater priority in social and psychological services. prospects as well as the impact on peacekeeping operations, alongside public health, especially on the spread the development of fair and Countries should of infectious diseases. proportionate criminal justice systems. establish independent, external monitoring States should assess In countries where there 23 of prisons in line with good prison the adequacy of prison is a risk of radicalisation in management and international staffing arrangements prisons, measures should 13 18 obligations, and to this end consider ensuring sufficient prisoner-staff ratios, be developed which are both relevant ratification of the Optional Protocol pay levels and working conditions. to the particular risks faced and to the Convention Against Torture They should ensure adequate training maintain a balance between security (OPCAT) if they have not yet done so. prior to and continuously during and rehabilitation. service and adopt a code of ethics for Technological Prison systems should prison personnel. The awareness of innovation should be review the resources the public should be increased as to encouraged within available for food in 24 the importance of the work of prison 19 prison settings, but not to the prisons so that the nutritional needs of staff as a service to society. extent that it results in a reduction prisoners are properly met, including in human contact for prisoners or Prison building should those with special needs such as sick infringes prisoners’ right to privacy. be undertaken only prisoners, pregnant or breastfeeding 14 when options of reducing women. Food safety and hygiene Countries should develop the demand for prison have been should be vigorously monitored, and community sentences, exhausted or when existing facilities innovative food programmes should 25 probation or equivalent cannot be refurbished. New prisons encourage positive social interactions services in such a way as to maximise should be designed in accordance and healthy outcomes. the potential for replacing the use with principles of good practice, on a of prison rather than widening the Prison administrations suitable scale, and those for women net of criminal justice control. should take measures designed in a gender-sensitive manner. 20 to address corruption in prisons, which should include: increasing transparency, accountability and oversight; establishment of clear procedures for and record-keeping of decisions; and improvements in recruitment and training of staff.

Penal Reform International | Global Prison Trends 2016 | 37 ENDNOTES

Endnotes All website links cited were accurate 17 ‘Probation Dept a failure from the very 39 Council of Europe, Annual Penal Statistics at the time of going to press in April 2016. start: Paiboon’, The Nation, 23 July 2015 SPACE 1 Survey, 2013 Table 11.1. http://www.nationmultimedia.com/politics/ 1 PRI, Global Prison Trends 2015, 2015. 40 Open Society Justice Initiative, The socio- Probation-Dept-a-failure-from-the-very-start- economic impact of pretrial detention in 2 Goal 16. The targets include: 16.3 Paibo-30265033.html. Sierra Leone, 2013 and The socio-economic Promote the rule of law at the national 18 ‘Majority of Graft Inmates Get Independence impact of pretrial detention in Ghana, 2013. and international levels and ensure equal Day Sentence Cuts’, Jakarta Globe, 18 http://www.undp.org/content/undp/en/home/ access to justice for all; 16.6 Develop August 2015 http://jakartaglobe.beritasatu. librarypage/democratic-governance/access_ effective, accountable and transparent com/news/majority-graft-inmates-get- to_justiceandruleoflaw/the-socioeconomic- institutions at all levels; and 16.a Strengthen independence-day-sentence-cuts/. impact-of-pretrial-detention.html. relevant national institutions, including through international cooperation, for 19 ‘President approves remission in jail terms 41 Canadian Civil Liberties Association and building capacity at all levels, in particular on Eid’, Express Tribune, 15 July 2015 http:// Education Trust, Set Up to Fail: Bail and the in developing countries, to prevent tribune.com.pk/story/921441/president- Revolving Door of Pre-trial Detention, 2014, violence and combat terrorism and crime approves-remission-in-jail-terms-on-eid/. https://ccla.org/dev/v5/_doc/CCLA_set_up_ https://sustainabledevelopment. 20 ‘Myanmar frees 6,966 prisoners ahead of to_fail.pdf. un.org/topics. polls’, BBC News, 30 July 2015 http://www. 42 See box: ‘New research: Bail in 45 3 Thirteenth Congress on Crime Prevention bbc.com/news/world-asia-33714620. jurisdictions’, page 12. and Criminal Justice, Doha Declaration on 21 ‘First Amnestied Prisoners to Walk Free 43 Dewan S, Judges Replacing Conjecture Integrating Crime Prevention and Criminal by Russia’s Victory Day’, Moscow Times, With Formula for Bail, 26 June 2015 http:// Justice into the Wider United Nations 28 April 2015 http://www.themoscowtimes. mobile.nytimes.com/2015/06/27/us/ Agenda to Address Social and Economic com/news/article/first-amnestied-prisoners- turning-the-granting-of-bail-into-a-science. Challenges and to Promote the Rule of Law to-walk-free-by-russias-victory-day/ html?smid=tw-share&_r=3&referrer. at the National and International Levels, and 519914.html. 44 A4ID is a global charity that assists Public Participation, Doha, 12 –19 April 2015. 22 PRI, Excellence in Training on Rehabilitation development organisations by brokering 4 The revised Standard Minimum Rules in Africa (ExTRA) Project: Mid-term free legal expertise through a network for the Treatment of Prisoners were Evaluation, 2016 http://www.penalreform. of more than 53,000 lawyers around the adopted unanimously by the UN General org/resource/evaluation-excellence-in- world, seeking to secure the Millennium Assembly (UN-Doc A/Res/70/175) on training-on-rehabilitation-in-africa/. Development Goals worldwide. For more 17 December 2015. 23 ‘Al-Sisi releases over 400 prisoners on information, see http://www.a4id.org/ 5 UN Human Rights Council, Human Eid Al-Fitr’, Daily News Egypt, 17 July 2015 about-a4id. rights implications of overincarceration http://www.dailynewsegypt.com/ 45 Jurisdictions included Armenia, Brazil, and overcrowding, 10 August 2015, 2015/07/17/al-sisi-releases-over-400- China, Czech Republic, England and A/HRC/30/19. prisoners-on-eid-al-fitr/. Wales, Finland, France, Georgia, Germany, 6 ‘UNODC’s strategic response to global 24 Sri Lanka: Task force to address causes of Indonesia, Ireland, Italy, Japan, Kazakhstan, prison challenges’, UNODC website, prison overcrowding, ICRC News Release, Kosovo, Mexico, Montenegro, Namibia, https://www.unodc.org/unodc/en/ 6 March 2015 https://www.icrc.org/en/ the Netherlands, Nigeria, Pakistan, Peru, frontpage/2015/September/unodcs- document/sri-lanka-task-force-address- Poland, Romania, Russia, Serbia, Slovenia, strategic-response-to-global-prison- causes-overcrowding-prisons-0. Slovakia, Singapore, Sweden, Switzerland, challenges.html?ref=fs4. Thailand, Trinidad, Turkey, UAE, USA and 25 ‘Police blast return of prison sentences Australian states. 7 For example, John Schmitt and Kris for low-level crime’, Uutitset, 24 June Warner of the US Center for Economic 2016 http://yle.fi/uutiset/police_blast_ 46 UN Human Rights Council, Human and Policy research estimate that ‘in GDP return_of_prison_sentences_for_low-level_ rights implications of overincarceration terms, in 2008 employment losses [due to crime/8101719. and overcrowding, 10 August 2015, A/HRC/30/19. unemployment among former offenders] cost 26 ‘Short jail terms re-instated in criminal the country USD$57-$65 billion per year’. code’, SwissInfo.ch., 10 June 2015 http:// 47 See UN Committee Against Torture, Ex-offenders and the labour market, 2010. www.swissinfo.ch/eng/law-and-order_ Concluding Observations: Moldova, 29 8 For example: in the UK: ‘New Study short-jail-terms-re-instated-in-criminal- March 2010, CAT/C/MDA/CO/2, para. 18. Supports Link Between Inequality code/41481372. 48 European Committee for the Prevention of and Crime’, Social Science Space 27 UNODC, State of crime and criminal justice Torture and Inhuman or Degrading Treatment website, 16 June 2012, http://www. worldwide, A/CONF.222/4 19 January 2015. or Punishment (CPT), Report to the Ukrainian socialsciencespace.com/2012/01/new- Government on the visit to Ukraine carried study-supports-link-between-inequality- 28 ICPR, World Prison Brief out from 9 to 21 October 2013, CPT/Inf and-crime/. http://www.prisonstudies.org/ (2014) 15, para. 98. world-prison-brief. 9 UN Human Rights Council, Human 49 CPT, Report to the Government of Ireland on rights implications of overincarceration 29 UN Human Rights Council, Human the visit carried out from 16 to 26 September and overcrowding, 10 August 2015, rights implications of overincarceration 2014, CPT/Inf (2015) 38. A/HRC/30/19, para. 63. and overcrowding, 10 August 2015, A/HRC/30/19, para. 37. 50 CPT, Rapport au Gouvernement de la 10 State of Crime and Criminal Justice Roumanie relatif à la visite effectuée du Worldwide: Report of the Secretary General, 30 UN Committee Against Torture, Eighth 5 au 17 juin 2014, CPT/Inf (2015) 31. 19 January 2015, A/CONF.222/4, para. 37. annual report of the Subcommittee on Prevention of Torture and Other Cruel, 51 See Allen R, Rehabilitation Devolution, 11 Roeder O, Eisen L-B and Bowling J, What Inhuman or Degrading Treatment or 2015, http://www.transformjustice. Caused the Crime Decline?, Brennan Center Punishment, 26 March 2015, CAT/C/54/2. org.uk/wp-content/uploads/2015/12/ for Justice 2015 https://www.brennancenter. TRANSFORM-JUSTICE- org/sites/default/files/analysis/Crime_rate_ 31 Open Society Justice Initiative, Presumption REHABILITATION-DEVOLUTION.pdf. report_web.pdf. of guilt: the global overuse of pre-trial detention, 2014. 52 Baker J and DIGNITY, Conditions for 12 Dreisinger B, ‘Prison: America’s Most Vile Women in Detention in the Philippines, Export?’, The Atlantic, 30 September 2015 32 UN Committee Against Torture, Eighth 2015 https://www.dignityinstitute.org/ http://www.theatlantic.com/international/ annual report of the Subcommittee on media/2066109/pubserieswid11.pdf. Prevention of Torture and Other Cruel, archive/2015/09/us-world-prisons- 53 McDonald M, ‘Treatment and parole are supermax-incarceration/408067/. Inhuman or Degrading Treatment or Punishment, 26 March 2015, CAT/C/54/2. more effective than full sentence at reducing 13 Roeder et al. reoffending – research’, Stuff.co.nz, 33 UNODC, State of crime and criminal justice 17 July 2015 http://www.stuff.co.nz/national/ 14 Simpson P and Butler T, ‘Imprisonment and worldwide, A/CONF.222/4, 19 January 2015. its alternatives: what do the public really crime/70276063/treatment-and-parole- think?’, The Conversation, June 18 2015 34 Ibid. are-more-effective-than-full-sentence-at- reducing-reoffending--research. http://theconversation.com/imprisonment- 35 ICPR, World Prison Brief and-its-alternatives-what-do-the-public- http://www.prisonstudies.org/world- 54 See information on recent developments, really-think-40375. prison-brief. including jurisprudence on the ‘right to hope’ 15 Californians for Safety and Justice, California in Penal Reform International, Global Prison 36 UNODC, State of crime and criminal justice Trends 2015, p11. Crime Victims’ Voices, 2013, http://libcloud. worldwide, 19 January 2015, A/CONF.222/4. s3.amazonaws.com/211/72/d/228/2/ 55 Nottingham University, Life Imprisonment VictimsReport_07_16_13.pdf. 37 Centro de Estudios de Legales and Sociales Worldwide: Principles and Practice (CELS), The Impact of Drug Policy on Human https://www.nottingham.ac.uk/research/ 16 See Allen R, Rehabilitation Devolution, Rights, 2015. 2015, http://www.transformjustice. groups/criminal-justice-research-centre/ org.uk/wp-content/uploads/2015/12/ 38 ICPR, World Prison Brief projects/life-imprisonment-worldwide- TRANSFORM-JUSTICE- http://www.prisonstudies.org/world- principles-and-practice.aspx. REHABILITATION-DEVOLUTION.pdf. prison-brief.

38 | Penal Reform International | Global Prison Trends 2016 ENDNOTES

56 Rothwell J, Drug offenders in American 73 Information on the Special Session is being 93 UN Human Rights Committee, General prisons: The critical distinction between provided on the website created by the UN Comment No.25: The right to participate stock and flow. 25 November 2015 Office on Drugs and Crime: https://www. in public affairs, voting rights and the right http://www.brookings.edu/blogs/social- unodc.org/ungass2016/en/about.html. of equal access to public service (Art. 25), mobility-memos/posts/2015/11/25-drug- 74 UN General Assembly, Resolution adopted 12/07/1996, CCPR/C/21/Rev.1/Add.7. offenders-stock-flow-prisons-rothwell. by the General Assembly on 20 December 94 Ibid. 57 Open Letter by the Special Rapporteur, 2012, International cooperation against the 95 Research was conducted by Allen & Overy, Dainius Puˉras, on the right of everyone to world drug problem, 23 April 2013, UN-Doc. Ashurst, Baker McKenzie, Clifford Chance, the highest attainable standard of mental A/RES/67/193, OP44. Dechert, DLA Piper, Lalive, and White & Case and physical health in the context of the 75 For a more detailed description, see UN pro bono and brokered by Advocates for preparations for the UN General Assembly General Assembly, Resolution adopted International Development (A4ID). Special Session on the Drug Problem by the General Assembly on 17 December 96 All country examples from this research (UNGASS), which will take place in New 2015, Special session of the General York in April 2016. https://www.unodc.org/ are given for illustrative purposes, rather Assembly on the world drug problem to than to single out individual states. documents/ungass2016//Contributions/UN/ be held in 2016, 8 January 2016, UN-Doc. RapporteurMentalHealth/SR_health_letter_ A/RES/70/181, OP 3a and 3f. 97 In India, this includes pre-trial detainees UNGASS_7.12.15.pdf. who, although presumed innocent under 76 UNODC, World crime trends and emerging Indian Law, are not allowed to vote. 58 According to Amnesty International, in issues and responses in the field of crime 2014 the death penalty was imposed or prevention and criminal justice, 2013. 98 For example: in the 2010 state elections implemented for drug-related offences in in Victoria, Australia, only 26.4 per cent a number of countries, including China, 77 Centro de Estudios de Legales and Sociales of the prison population exercised their Indonesia, Iran, Malaysia, Saudi Arabia, (CELS), The Impact of Drug Policy on Human right to vote. In the 2014 elections in Singapore, Sri Lanka, Thailand, UAE and Rights, 2015. South Africa only 9 per cent of the prison Vietnam. https://www.amnesty.org.uk/ 78 Ibid. population registered to vote. Kenya’s sites/default/files/death_sentences_and_ current Constitution (adopted in 2010) executions_2014_en.pdf. 79 United Nations Survey of Crime Trends and Operations of Criminal Justice Systems. provides prisoners with the right to vote. 59 Iran Human Rights Documentation Center, Note: The global total is based on data However, in 2012 a complaint was brought Chart of Executions by the Islamic Republic from 53 countries; see State of crime and before the High Court in Nairobi about of Iran, 2015. http://www.iranhrdc.org/ criminal justice worldwide, Report of the the alleged failure of the Independent english/publications/human-rights-data/ Secretary-General, page 23, A/CONF.222/4, Electoral and Boundaries Commission chart-of-executions/1000000564-ihrdc- 19 January 2015. (IEBC) to facilitate prisoners’ right to chart-of-executions-by-the-islamic-republic- vote in the 2013 general elections. of-iran-2015.html. 80 UNODC, World crime trends and emerging issues and responses in the field of crime 99 Thirteenth Congress on Crime Prevention 60 FIDH and World Coalition against the Death prevention and criminal justice, 2013. and Criminal Justice, Doha Declaration on Penalty, The Death Penalty For Drug Crimes Integrating Crime Prevention and Criminal in Asia, 2015. 81 International Drug Policy Consortium, Justice into the Wider United Nations The United States rethinks draconian Agenda to Address Social and Economic 61 ‘Using the death penalty to fight drug crimes drug sentencing policies, 2015. Challenges and to Promote the Rule of Law violates international law, UN rights experts 82 Rosmarin A and Eastwood N, Quiet at the National and International Levels, and warn World Day Against the Death Penalty’, Public Participation, Doha, 12 –19 April 2015. UN OHCHR website, http://www.ohchr. Revolution Drug Decriminalisation Policies org/EN/NewsEvents/Pages/DisplayNews. in Practice across the Globe, Release, 2015. 100 Walmsley R, World Female Imprisonment aspx?NewsID=16581&LangID=E. 83 Transform, Cannabis regulation in List (third edition), Institute for Criminal Policy Colorado: early evidence defies the critics, Research 2015 http://www.prisonstudies. 62 UN Human Rights Committee, Concluding org/sites/default/files/resources/downloads/ observations: Thailand, 8 July 2005, CCPR/ 2015. http://www.tdpf.org.uk/resources/ publications/cannabis-regulation-colorado- world_female_imprisonment_list_third_ CO/84/THA, para. 14; UN Human Rights edition_0.pdf. Committee, Concluding observations: early-evidence-defies-critics. Sudan, 29 August 2007, CCPR/C/SDN/ 84 Hooton C, ‘Ireland to consider 101 ‘Brazil’s Female Prison Population Soars CO/3, para. 19. decriminalising marijuana’, The Independent, 567%’, Latin American Herald Tribune, 24 April 2015 http://www.independent.co.uk/ 2015 http://www.laht.com/article. 63 The Special Rapporteur has concluded that asp?ArticleId=2399480&CategoryId=14090. the application of the death penalty ‘must news/world/europe/ireland-to-consider- be limited to the most serious crimes, in decriminalising-marijuana-10200541. 102 ‘For female offenders, jail often no solution’, cases where it can be shown that there was html?origin=internalSearch. Bangkok Post, 9 June 2015 http://www. an intention to kill, which resulted in the loss 85 Davis M, ‘Vermont’s Prison Chief Says It’s bangkokpost.com/opinion/opinion/586901/ of life’. Report of the Special Rapporteur Time to Decriminalize Drug Possession’, for-female-offenders-jail-often-no-solution. on extrajudicial, summary or arbitrary Seven Days, 17 June 2015, http://www. 103 PRI/Foundation for Human Rights Initiative, executions, Philip Alston, 29 January 2007, sevendaysvt.com/vermont/vermonts-prison- Who are Women Prisoners? Survey Results UN Doc. A/HRC/4/20, para. 53. chief-says-its-time-to-decriminalize-drug- from Uganda, 2015 http://www.penalreform. 64 According to the Special Rapporteur, ‘the possession/Content?oid=2670419. org/wp-content/uploads/2015/07/PRI- imposition of the death penalty on drug 86 Csete C and Tomasini-Joshi D, Drug Research-report_Women-prisoners_Uganda- offenders amounts to a violation of the right courts: equivocal evidence on a popular WEB.pdf. to life, discriminatory treatment and possibly intervention, Open Society Foundations, 104 ‘Aboriginal women now make up ... also their right to human dignity’. Report of 2015 https://www.opensocietyfoundations. one-third of Canadian female prison the Special Rapporteur on torture and other org/reports/drug-courts-equivocal-evidence- population’, CBC News, 27 May 2015. cruel, inhuman or degrading treatment or popular-intervention. http://www.cbc.ca/news/canada/thunder- punishment, 14 January 2009, A/HRC/10/44, 87 European Monitoring Centre for Drugs and bay/aboriginal-women-now-make-up- para. 66. Drug Addiction, Portugal Country Overview, one-third-of-canadian-female-prison- 65 The Secretary-General stated that ‘until it http://www.emcdda.europa.eu/countries/ population-1.3089050. is fully abolished, retentionist States must portugal. 105 Creative Spirits, Aboriginal Prison Rates, ensure that the death penalty is imposed 88 Allen R, ‘Jailed for Watching Daytime TV: undated http://www.creativespirits.info/ only for those crimes that involve intentional the Need for Prison Reform in Africa’, aboriginalculture/law/aboriginal-prison- killing. It should not be imposed for Unlocking potential blog, 4 October 2015 rates#axzz3sxnOcUZl. drug‑related offences’. UN Human Rights http://reformingprisons.blogspot.ae/2015/10/ 106 New Zealand Ministry of Justice, United Council, Question of the death penalty: jailed-for-watching-daytime-tv-need-for.html. Report of the Secretary-General, 1 July 2013, Nations convention against torture: New A/HRC/24/18, para. 78. 89 UK Home Office, New Psychoactive Zealand draft periodic report 6, undated Substances Review: Report of the http://www.justice.govt.nz/policy/ 66 Santosh Kumar Satishbhushan Bariyar Expert Panel, September 2014 constitutional-law-and-human-rights/ v. Maharashtra [(2009) 6 SCC 498] and https://www.gov.uk/government/uploads/ human-rights/international-human-rights- Shankar Kisanrao Khade v. Maharashtra system/uploads/attachment_data/file/368583/ instruments/international-human-rights- [(2013) 5 SCC 546]. NPSexpertReviewPanelReport.pdf. instruments-1/convention-against-torture/ united-nations-convention-against-torture- 67 Government of India, Law Commission 90 UK Parliament House of Commons Home of India, Report, No. 262, The Death and-other-cruel-inhuman-or-degrding- Affairs Committee, Psychoactive Substances treatment-or-punishment-new-zealand- Penalty, August 2015, available at: First Report of Session 2015-16. http://lawcommissionofindia.nic.in/reports/ periodic-report-6. Report262.pdf. 91 Connolly C, ‘Legal high use in prison is 107 Hatton C, ‘Why is China’s female prison “getting worse by the day” ’, Newsbeat, 68 Ibid. Section 7.2.4. population growing?’, BBC News, 25 June 24 November 2015 http://www.bbc.co.uk/ 2016 http://www.bbc.co.uk/news/blogs- 69 Ibid. Section 3.10.2. newsbeat/article/34787158/legal-high-use- china-blog-33268611. in-prison-is-getting-worse-by-the-day. 70 Ibid. Section 4.3.26. 108 Foundation for Human Rights Initiative/PRI, 71 Ibid. Section 4.3.26. 92 UN Basic Principles for the Treatment Who are women prisoners? Survey results of Prisoners, UN General Assembly from Uganda, 2015, pp. 12, 15. 72 Ibid. Section 7.1.2 resolution 45/111, 14 December 1990, available at: http://www.ohchr. 109 Ibid. org/EN/ProfessionalInterest/Pages/ 110 Ibid. BasicPrinciplesTreatmentOfPrisoners.aspx.

Penal Reform International | Global Prison Trends 2016 | 39 ENDNOTES

111 Two psychological phenomena have been 130 ‘Georgian Parliament adopts Juvenile 149 New South Wales Government, New recognised in the context of violence against Justice Code’, Agenda GE, 13 June 2015 future for Aboriginal offenders at Kariong women: a) the ‘battered woman syndrome’, http://agenda.ge/news/37038/eng. Correctional Centre, November 2014 http:// describing the psychological mind-set and 131 CPT, 24th General Report, August www.justice.nsw.gov.au/Pages/media-news/ emotional state of female victims of abuse 2013-December 2014. media-releases/2014/New-Future-for- (developed by Dr Lenore E. Walker), which Aboriginal-Offenders-at-.aspx. 132 UNCAT, Concluding observations on the sixth explains why women often stay in abusive 150 ‘Over a million migrants and refugees relationships; and b) the ‘slow-burn reaction’, and seventh periodic reports of Sweden, December 2014, CAT/C/SWE/CO/6-7. have reached Europe this year, says where women in a situation of abuse tend IOM’, The Guardian, 22 December 2015 to not react instantly to the abuse, partly 133 Internal Correspondence Exposes Sexual http://www.theguardian.com/world/2015/ due to psychological reasons but also Abuse at Izmir Juvenile Prison, Chihan.com, dec/22/one-million-migrants-and-refugees- because of the physical mismatch between 24 February 2015 https://www.cihan.com.tr/ have-reached-europe-this-year-iom. the abuser and the victim, which makes an en/internal-correspondence-exposes-sexual- imminent response seem futile or even more abuse-at-izmir-juvenile-prison-1688063. 151 ‘SA Drug Mule’s Agony in Malaysia Jail’, dangerous to the victim. htm?language=en. IOL, 17 June 2015 http://www.iol.co.za/ news/crime-courts/sa-drug-mules-agony- 112 UN General Assembly, 12 December 2010, 134 ‘More Cells for Juveniles’, Zambia Daily Mail, in-malaysia-jail-1.1872348. Resolution 65/229. 10 February 2016 https://www.daily-mail. co.zm/?p=19738. 152 Min B, ‘The European Supervision Order 113 See, for example, National Resource for transfer of defendants: why hasn’t it Center on Justice Involved Women, 135 ‘No More Prison Cells for Under age worked?’, PRI blog, 25 September 2015. http://cjinvolvedwomen.org/. criminals: Dubai’s CDA’, Emirates 24/7, http://www.penalreform.org/blog/the- 114 Pheap A, ‘Gov’t Selects 16 Women 21 January 2015 http://www.emirates247. european-supervision-order-for-transfer- for Early Prison Release’, Cambodia com/news/emirates/no-more-prison- of-defendants/. Daily, 27 February 2015 https://www. cells-for-underage-criminals-dubai-s- cda-2015-01-21-1.577534. 153 ‘UK to build £25m Jamaican prison’, cambodiadaily.com/news/govt-selects- BBC News, 30 September 2015 16-women-for-early-prison-release-78773/. 136 Chauhan C, 40% of juvenile delinquents http://www.bbc.com/news/uk-34398014. in homes worse than jails: SC, 2 May 2015 115 Women who kill in response to domestic 154 Morgan N and Morgan I, Conference violence: How do criminal justice systems http://www.hindustantimes.com/india/40-of- juvenile-delinquents-in-homes-worse-than- Report: 34th Asian and Pacific Conference respond? A multi-jurisdictional study by of Correctional Administrators, 2014 Linklaters LLP for Penal Reform International, jails-sc/story-CaWUMuIS7VZrqTqWovp B8J.html. http://www.apcca.org/uploads/APCCA_ 2016. The research was conducted by Report__2014.pdf. Linklaters pro bono and brokered by 137 PRI, Voice of the child: Findings from Advocates for International Development. a survey of children detained in closed 155 Information from WHO HiPP meeting in Bishkek, 2015, PRI. 116 The jurisdictions covered were deliberately institutions in Kazakhstan, Kyrgyzstan and chosen to cover a range of continents Tajikistan, 2015 http://www.penalreform.org/ 156 NDTV Nearly 2,000 Dead in Syria Jails and cultures. resource/voice-of-the-child-survey-2014/. This Year: Monitor 3 November 2014 138 See http://www.t2a.org.uk/. http://www.ndtv.com/world-news/ 117 A review of jurisdictions outside of this study nearly-2-000-dead-in-syria-jails-this-year- similarly showed a lack of specific legislative 139 McKillop M and McGaffe F, ‘Number of monitor-687965. basis for consideration of a history of abuse Older Prisoners Grows Rapidly, Threatening in such cases. to Drive Up Prison Health Costs’, Stateline, 157 ‘Liberia frees 62 prisoners due to overcrowded prisons’, Star Africa, 7 August 118 For definitions, see note 111. 7 October 2015 http://www.pewtrusts. org/en/research-and-analysis/blogs/ 2014 http://en.starafrica.com/news/liberia- 119 ‘New women’s prison to replace stateline/2015/10/07/number-of-older- frees-62-prisoners-due-to-overcrowded- Cornton Vale’, BBC News, 22 June 2015 prisoners-grows-rapidly-threatening-to- prisons.html. http://www.bbc.co.uk/news/uk-scotland- drive-up-prison-health-costs. 158 Information from WHO HiPP meeting scotland-politics-33221338. 140 Prison Reform Trust, Doing Time Bishkek 2015, PRI. 120 Maiello L and Carter S, ‘Minus the urinals Older People in Prison, undated, 159 ‘Spike in multi-drug resistant TB strain in and painted pink’? What should a women’s http://www.prisonreformtrust.org.uk/ prisons’, Asian Age, 5 December 2014. prison look like? PRI blog, 9 December 2015, ProjectsResearch/Olderpeopleinprison. http://www.penalreform.org/blog/10020/. 160 UNODC, World Drug Report, 2015. 141 ‘Japan: Elderly overtake teenagers 161 UN Human Rights Council, Study on the 121 UN Human Rights Council, Report of the in crime figures’, BBC News, 16 July 2015 Special Rapporteur on the independence impact of the world drug problem on the http://www.bbc.com/news/blogs-news- enjoyment of human rights, 4 September of judges and lawyers, Gabriela Knaul from-elsewhere-33551146. A/HRC/29/26. 2015 A/HRC/30/65. 142 Handtke V, Bretschneidera W, Wangmoa 122 Ibid. 162 Harm Reduction International, The Global T and Elgera B, ‘Facing the challenges of State of Harm Reduction 2014, http://www. 123 UN Human Rights Council, Report of the an increasingly ageing prison population ihra.net/files/2015/02/16/GSHR2014.pdf. Special Rapporteur on torture and other in Switzerland: In search of ethically cruel, inhuman or degrading treatment or acceptable solutions’, Bioethica Forum, 163 Morgan N and Morgan I, Conference punishment, Juan E. Méndez, 5 March 2015, 2012 Volume 5 No. 4. Report: 34th Asian and Pacific Conference UN-Doc. A/HRC/28/68, paras. 16, 33. of Correctional Administrators, 2014 143 Trotter C, Baidawi S, ‘Older prisoners: http://www.apcca.org/uploads/APCCA_ 124 Office of the Special Representative of Challenges for inmates and prison Report__2014.pdf. the Secretary General on Violence against management’, Australian & New Zealand Children, Safeguarding the Rights of Girls Journal of Criminology, 2015: 48, p201. 164 Human Rights Watch, Callous and Cruel: Use of Force against Inmates with Mental in the Criminal Justice System, 2015 http:// 144 Morgan N and Morgan I, Conference srsg.violenceagainstchildren.org/sites/ Disabilities in US Jails and Prisons, May 2015 Report: 34th Asian and Pacific Conference https://www.hrw.org/report/2015/05/12/ default/files/publications_final/girls_in_ of Correctional Administrators, 2014 detention/safeguarding_the_rights_of_girls_ callous-and-cruel/use-force-against- http://www.apcca.org/uploads/APCCA_ inmates-mental-disabilities-us-jails-and. in_the_criminal_justice_system.pdf. Report__2014.pdf. 125 A/HRC/28/68, paras. 69 et sqq. 165 ‘WA opens first Disability Justice 145 Prison and Probation Ombudsman for Centre for mentally-impaired accused’, 126 Vij S, ‘Why India shouldn’t have reduced England and Wales, Learning from PPO International Business Times, 5 August the juvenile delinquency age from 18 to Investigations: End of Life Care, 2013 2015, http://www.ibtimes.com.au/ 16 years’, Quartz India, 22 December http://www.ppo.gov.uk/wp-content/ wa-opens-first-disability-justice-centre- 2015 http://qz.com/579566/five-reasons- uploads/2014/07/Learning_from_PPO_ mentally-impaired-accused-1459033. why-india-shouldnt-reduce-the-juvenile- investigations_-_End_of_life_care_final_ delinquency-age-from-18-to-16/. web.pdf#view=FitH. 166 ‘Crime Congress highlights ‘epidemic’ prison overcrowding’, UN News, 127 ‘Brazil’s congress reduces age of criminal 146 ‘Russian Lawmakers Approve Prisoner 17 April 2015 https://www.unodc.org/ responsibility to 16, The Guardian, Amnesty in Honor of Victory Day’, unodc/en/frontpage/2015/April/crime- 2 July 2015 http://www.theguardian.com/ Moscow Times, 24 April 2015 http://www. congress-highlights-epidemic-prison- world/2015/jul/02/brazil-age-of-criminal- themoscowtimes.com/news/article/russian- overcrowding.html. responsibility-16. lawmakers-approve-prisoner-amnesty-in- honor-of-victory-day/519692.html. 167 Pol L, ‘Failed drug policies in Latin America: 128 Wilson R, States see marked drop in juvenile the impact on prisons and human rights’, prison populations as reforms take hold, 147 UN General Assembly, Report of the Special PRI blog, 24 April 2015, http://www. Washington Post, 29 January 2016 Rapporteur on minority issues, Rita Izsák, penalreform.org/blog/failed-drug-policies- https://www.washingtonpost.com/blogs/ Effective promotion of the Declaration on the in-latin-america-impact-on/. govbeat/wp/2015/01/29/states-see-marked- Rights of Persons Belonging to National or drop-in-juvenile-prison-populations-as- Ethnic, Religious and Linguistic Minorities, 168 UNOPS, Technical guidance for Prison reforms-take-hold/. 30 July 2015, A/70/212. Planning: Technical and operational considerations based on the Standard 129 Bopha P, ‘New Law on Juvenile 148 See: Amnesty International, A brighter Minimum Rules for the Treatment of Justice Provides for Rehabilitation’, future: keeping Indigenous kids in the Prisoners (the Nelson Mandela Rules) Voice of America, 1 August 2015 community and out of detention in https://www.unops.org/ http://www.voacambodia.com/content/ Australia, 2015. SiteCollectionDocuments/ new-law-on-juvenile-justice-provides-for- Publications/TechnicalGuidance_ rehabilitation/2889738.html. PrisonPlanning_2015.pdf.

40 | Penal Reform International | Global Prison Trends 2016 ENDNOTES

169 Morgan N and Morgan I, Conference 188 ‘Who Should Pay for Prison Beds?’ 206 ‘Hostage slashed by prisoners as riot squad Report: 34th Asian and Pacific Conference The Atlantic, 17 September 2015 storm Cloverhill’, The Irish Times, 29 July of Correctional Administrators, 2014 http://www.theatlantic.com/business/ 2015 http://www.irishtimes.com/news/crime- http://www.apcca.org/uploads/APCCA_ archive/2015/09/should-states-charge- and-law/hostage-slashed-by-prisoners-as- Report__2014.pdf. for-prison-beds/405778/. riot-squad-storm-cloverhill-1.2300867. 170 Ibid. 189 Justice reinvestment is an approach 207 ‘Prison riot leaves three dead in 171 Ibid. which seeks to shift resources used on northern Afghanistan’, Press TV, imprisonment towards prevention and 8 March 2015 http://www.presstv.com/ 172 ‘Honduras Overhauls Prison System’, community-based measures which can Detail/2015/03/08/400851/3-killed-in- Insight Crime, 10 November 2014 better reduce crime. See: Allen R, ‘Justice Afghanistan-prison-riot. http://www.insightcrime.org/news-analysis/ Reinvestment’ in Bruinsma G and Weisburd honduras-overhauls-prison-system. 208 ‘Prison Authorities Quel Minor Riot At Zaria D (eds), Encyclopaedia of Criminology and Prisons’, Leadership Nigeria, 28 May 2015 173 ‘3 modern prisons to accommodate 12,000 Criminal Justice, 2014. http://leadership.ng/news/436746/prison- inmates’, Arab News, 12 December 2014, 190 Liefaard T, Reef J and Hazelzet M, Report authorities-quel-minor-riot-at-zaria-prisons. http://www.arabnews.com/saudi-arabia/ on Violence in Institutions for Juvenile news/673296. 209 ‘Prison riot in Greek capital leaves two dead, Offenders, Council of Europe, PC-CP (2014) 21 injured’, Press TV, 4 May 2015 http:// 174 European Committee for the Prevention of 13 rev2. presstv.com/Detail/2015/05/04/409353/ Torture, Report to the Turkish Government on 191 UK National Preventive Mechanism, Greek-prison-Korydallos-riot-Athens. the visit to Turkey, 9-21 June 2013, CPT/Inf Sixth annual report 2015, http://www. 210 ‘Prison assaults by officials increase’, IOL, (2015) 6, http://www.cpt.coe.int/documents/ nationalpreventivemechanism.org.uk/ tur/2015-06-inf-eng.pdf. 22 March 2015 http://www.iol.co.za/news/ wp-content/uploads/2015/12/NPM-Annual- crime-courts/prison-assaults-by-officials- 175 Maiello L and Carter S, ‘Minus the urinals Report-2014-15-web.pdf. increase-1.1835427#.VmrqSUqLTcs. and painted pink’? What should a women’s 192 ‘New Zealand: Prisoners offered cut-price 211 ‘Argentine guards jailed for life over fatal prison look like? PRI blog, 9 December 2015, tattoo removal’, BBC News, 10 November http://www.penalreform.org/blog/10020/. prison beating’, The Sun Daily, 9 May 2015 2014 http://www.bbc.co.uk/news/blogs- http://www.thesundaily.my/news/1412943. 176 UN Standard Minimum Rules for the news-from-elsewhere-29989555. Treatment of Prisoners the (Nelson Mandela 212 ‘Significant drop in violent incidents at 193 ‘Hostages Dangled From Roof During Prison Spanish Town prison’, Jamaica Observer, Rules), adopted 17 December 2015, General Riot’, Sky News, 7 October 2015 http://news. Assembly Resolution 70/175. 20 April 2015 http://www.jamaicaobserver. sky.com/story/1565040/hostages-dangled- com/news/Significant-drop-in- 177 The approach taken was a ‘targeted from-roof-during-prison-riot. violent-incidents-at-Spanish-Town- revision’, identifying the most outdated 194 ‘Video of Mexican Prison Riot Highlights prison_18785775. areas and rules but leaving the structure a Crisis as Elections Near’, New York and most of the text unchanged. For details 213 ‘Officials Scramble to Reduce Prison Times, 5 June 2015 http://www.nytimes. Violence After Attempted Rape of Guard’, on the review process, see PRI’s Joint com/2015/06/06/world/americas/video-of- NGO Briefing: http://www.penalreform.org/ Take Part, March 13 2015 http://www. mexican-prison-riot-highlights-a-crisis-as- takepart.com/article/2015/03/13/anti- resource/joint-ngo-briefing-process-review- elections-near.html?_r=0. standard-minimum-rules. violence-plan. 195 YouTube Colombia, Bogota: 15 inmates killed 178 UN Principles and Guidelines on Access 214 ‘How the Islamic State evolved in in prison riot, 21 July 2015 https://www. an American prison’, Washington to Legal Aid in Criminal Justice Systems, youtube.com/watch?v=CZuRyGx-m3k. 20 December 2012, A/67/458. Post, 4 November 2014 https://www. 196 ‘Venezuela jail drug overdose kills 35 inmates washingtonpost.com/news/morning-mix/ 179 UN General Assembly resolution, in Uribana’, BBC News, 29 November 2014 wp/2014/11/04/how-an-american-prison- 17 December 2015, A/Res/70/175. http://www.bbc.co.uk/news/world-latin- helped-ignite-the-islamic-state/. 180 UN Human Rights Council, Human rights america-30253935. 215 ‘Little evidence to show that prisons in the administration of justice, including 197 ‘Three Dead and 32 Injured in Overcrowded have become “universities of terror”’, juvenile justice, resolution adopted on Honduran Prison Riot’, NDTV, 12 March The Conversation, 23 November 2015 1 October 2015, A/HRC/30/L.16, OP5. 2015 http://www.ndtv.com/world-news/3- https://theconversation.com/little-evidence- 181 New Zealand Parliamentary Debate, dead-32-injured-in-overcrowded-honduran- to-show-that-prisons-have-become- 21 July 2015, Vol 707, page 5116 prison-riot-745948. universities-of-terror-51090. http://www.parliament.nz/resource/ 198 ‘El Salvador prison gang violence leaves 216 ‘Dozens dead and many escape in Iraq en-nz/51HansD_20150721/a8b5d- 14 dead’, RTE News, 23 August 2015 prison break’, BBC News, 9 May 2015 765b1136a4942e03fd6854ac3fe2ff263c2. http://www.rte.ie/news/2015/0823/723004- http://www.bbc.co.uk/news/world-middle- 182 Kerwin P, ‘Study finds private prisons keep el-salvador/. east-32671524. inmates longer, without reducing future 199 ‘Russian Prison Riots Spread to 217 ‘ISIS militants release chilling photographs crime’, 10 June 2015 http://news.wisc.edu/ Bashkiria’, Moscow Times, 11 May 2015 of the horrific conditions inside Palmyra study-finds-private-prisons-keep-inmates- http://www.themoscowtimes.com/news/ prison where Assad’s soldiers once longer-without-reducing-future-crime/. article/russian-prison-riots-spread-to- tortured thousands’, Daily Mail Online, 183 Travis A, ‘Four held over child neglect bashkiria/520515.html. 28 May 2015 http://www.dailymail.co.uk/ claims at G4S young offender centre’, 200 ‘Inmate killed, 13 injured in riot at news/article-3100511/ISIS-militants- The Guardian, 13 January 2016 http://www. Songkhla Prison’, The Nation, 9 June release-chilling-photographs-horrific- theguardian.com/uk-news/2016/jan/13/ 2015 http://www.nationmultimedia.com/ conditions-inside-Palymyra-prison- three-men-arrested-suspicion-child-neglect- national/Inmate-killed-13-injured-in-riot-at- thousands-faced-torture-massacre- abuse-medway-kent. Songkhla-Priso-30261894.html. hands-Assad-soldiers.html. 184 ‘Fears for offender rehabilitation as 201 ‘Roumieh inmates riot to demand WiFi, 218 ‘ISIS Group Attacks Prison in Libya’, New Britain embraces US-style probation’, cell phones’, Levant News, 23 June 2015 York Times, 18 September 2015 http://www. The Conversation, 16 July 2015 http://the-levant.com/roumieh-inmates- nytimes.com/2015/09/19/world/middleeast/ http://theconversation.com/fears-for- phones/. isis-group-attacks-prison-in-libya.html?_r=0. offender-rehabilitation-as-britain-embraces- 219 ‘Boko Haram attacks prison in Niger, four us-style-probation-42726. 202 ‘Iraq jail riot: up to 50 inmates and 12 police killed as dozens escape’, The Guardian, killed: military’, Reuters, 12 July 2015 185 Gardiner S and Gustafsson-Wright E, 9 May 2015 http://www.theguardian.com/ http://www.reuters.com/article/us-nigeria- Perspectives on Impact Bonds: Putting world/2015/may/09/iraq-jail-riot-leaves-up- violence-niger-idUSKCN0PM0OB20150712. the 10 common claims about Impact to-50-prisoners-12-police-dead-escape- 220 ‘Nigeria closes prisons because of Boko Bonds to the test, Brookings Institute, terrorists. Haram’, Vanguard, 24 November 2015 http:// 2 September 2015 http://www.brookings. 203 ‘Inmate killed in California prison riot’, www.vanguardngr.com/2015/11/nigeria- edu/blogs/education-plus-development/ closes-prisons-because-of-boko-haram/. posts/2015/09/02-social-impact-bonds- CNN, 13 August 2015 http://edition.cnn. gardiner-gustafson-wright. com/2015/08/12/us/california-folsom-prison- 221 ‘Hundreds break out of main jail in riot/. Central African Republic’, The Guardian, 186 Porter E, ‘Wall St. Money Meets Social Policy 28 September 2015 http://www.theguardian. at Rikers Island’, New York Times, 28 July 204 ‘Smoking ban under spotlight after Melbourne prison riot’, BBC News, 3 July com/world/2015/sep/28/hundreds-break- 2015 http://www.nytimes.com/2015/07/29/ out-main-jail-central-african-republic. business/economy/wall-st-money-meets- 2015 http://www.bbc.co.uk/news/world- social-policy-at-rikers-island.html?_r=0. australia-33358585. 222 ‘Long-Term Arbitrary Detentions’, Human Rights Watch Libya, 2 December 2015 187 Vera Institute, Impact Evaluation of the 205 ‘Six-hour Ontario maximum security prison riot broken up by intervention team with https://www.hrw.org/news/2015/12/02/libya- Adolescent Behavioral Learning Experience long-term-arbitrary-detentions. (ABLE) Program at Rikers Island, July pepper spray’, National Post, 19 June 2015 2015 http://www.vera.org/sites/default/ http://news.nationalpost.com/news/canada/ 223 UN special report of the Secretary-General files/resources/downloads/adolescent- six-hour-ontario-maximum-security-prison- on the review of the mandate of the behavioral-learning-experience-evaluation- riot-broken-up-by-intervention-team-with- United Nations Mission in South Sudan, rikers-island-summary-2.pdf. chemical-munitions. S/2015/899. 224 UN DPKO website http://www.un.org/ en/peacekeeping/issues/ruleoflaw/ corrections.shtml.

Penal Reform International | Global Prison Trends 2016 | 41 ENDNOTES

225 UN Security Council, Twenty-sixth progress Turkey: Response of the Turkish 256 ‘Brazil Prison Riot’, The Independent, 24 report of the Secretary-General on the United Government to the report of the European August 2014. http://www.independent.co.uk/ Nations Mission in Liberia, S/2013/479. Committee for the Prevention of Torture news/world/americas/video-brazil-prison- 226 Human Rights Watch, To Consolidate This and Inhuman or Degrading Treatment or riot-two-inmates-beheaded-during-uprising- Peace of Ours: A Human Rights Agenda Punishment (CPT) on its visit to Turkey from over-conditions-9689238.html. for Côte d’Ivoire, 8 December 2015 https:// 9 to 21 June 2013, CPT/Inf (2015) 7; 257 CPT, 24th General Report, August www.hrw.org/report/2015/12/08/consolidate- Czech Republic: Honzik, M, ‘Prison service 2013-December 2014. Czech Republic: logistics’. Presentation peace-ours/human-rights-agenda-cote- 258 African Prisons Project, ‘Contributing to divoire. to Europris Meeting, 5 November 2015 http://www.europris.org/resources_package/ the realisation of food safety in Ugandan 227 Council of Europe, Draft Guidelines for real-estatelogistics-expert-group-meeting- Prisons’, undated http://www.africanprisons. Prison and Probation Services regarding notes-november-2015-lisbon/; org/contributing-realisation-food-safety- Radicalisation and Violent Extremism, PC-CP Nigeria: ‘Starvation Diet for Inmates’, ugandan-prisons/. (2015) 2 rev.3. http://www.coe.int/t/DGHL/ Daily Trust Nigeria, 11 February 2016 http:// 259 UN Committee against Torture, Seventh STANDARDSETTING/PRISONS/PCCP%20 allafrica.com/stories/201602120438.html; Annual report of the Subcommittee on documents%202015/PC-CP%20(2015)%20 Bulgaria: Response of the Bulgarian Prevention of Torture and Other Cruel, 2%20Rev%203_E%20Guidelines%20 Government to the report of the European Inhuman or Degrading Treatment or 23%20September.pdf. Committee for the Prevention of Torture Punishment, 20 March 2014, CAT/C/52/2. and Inhuman or Degrading Treatment or 228 Liebling A, ‘Prisons and the Problem 260 UN Committee Against Torture, Eighth of Trust’, Lecture at Council of Europe, Punishment (CPT)on its visit to Bulgaria from 24 March to 3 April 2014, CPT/Inf (2015) 13; annual report of the Subcommittee on 11 December 2014 http://www.coe.int/t/ Prevention of Torture and Other Cruel, DGHL/STANDARDSETTING/PRISONS/ Algeria: US Country Reports on Human Rights Practices for 2014; Inhuman or Degrading Treatment or PCCP%20documents%202015/Alison%20 Punishment, 26 March 2015, CAT/C/54/2. Liebling.pdf. Morocco: PRI meeting with Saleh Tamek, General Director of Prison Directorate, 261 ‘Zimbabwe: Govt Officials Steal $700,000 229 ‘Belgium to ‘isolate’ prisoners who may October 2014; From Starving Prison Inmates’, Allafrica, radicalise others’, The International News, Cameroon: US Country Reports on Human 14 April 2014 http://allafrica.com/ 15 March 2015 http://www.thenews.com.pk/ Rights Practices for 2014. stories/201404150129.html?viewall=1. print/29421-belgium-to-isolate-prisoners- who-may-radicalise-others. 241 ‘Prisoners starve in Zims Overcrowded Jails’, 262 Baker J and Ryttter T, Conditions for Women News 24, 20 May 2015 http://www.news24. in Detention − Needs, Vulnerabilities and 230 French Government, ‘Combating com/Africa/Zimbabwe/Prisoners-starve-in- good practices, Dignity: Danish Institute Radicalisation in Prison’, undated Zims-overcrowded-jails-20150520. against Torture, 2014. http://www.gouvernement.fr/en/combating- radicalisation-in-prison. 242 ‘Soaring Number of Deaths in Syria 263 ‘Made with conviction’, Pnomh Penh Post, Prisons’, Al Jazeera, http://www. 27 August 2014 http://www.phnompenhpost. 231 PRI, International experts’ roundtable aljazeera.com/humanrights/2014/11/ com/national/made-conviction. on preventing radicalisation in prisons: soaring-number-deaths-syria- 264 Human Rights Watch, The State Let Evil developing a coordinated and effective prisons-201411310359217680.html. approach: report, January 2016, p5. Take Over: The Prison Crisis in the Brazilian 243 Life in Prison, Mashable website, undated State of Pernambuco, 15 October 2015 232 Ibid. http://mashable.com/2015/09/06/malawis- https://www.hrw.org/nl/node/281914. 233 Ibid. prisons-overcrowded/#JV4Tc7RRukq0. 265 UN Committee against Torture, Report on 234 ‘Belgium to ‘isolate’ prisoners who may 244 Email to Penal Reform International, the visit of the Subcommittee on Prevention radicalise others’, The International News, 19 August 2015. of Torture and Other Cruel, Inhuman or 15 March 2015 http://www.thenews.com.pk/ 245 US State Department, Human Rights Report Degrading Treatment or Punishment to print/29421-belgium-to-isolate-prisoners- 2014: Central African Republic. Gabon, 20 May 2015, CAT/OP/GAB/1. who-may-radicalise-others. 246 UN Committee Against Torture, Eighth 266 UN Committee against Torture, Report on 235 ‘Nigeria prison uses sport to reform Boko annual report of the Subcommittee on the visit of the Subcommittee on Prevention Haram members’, BBC News, 11 September Prevention of Torture and Other Cruel, of Torture and Other Cruel, Inhuman or 2015 http://www.bbc.co.uk/news/world- Inhuman or Degrading Treatment or Degrading Treatment or Punishment to Mali, africa-34217187. Punishment, 26 March 2015, CAT/C/54/2. 20 March 2014, CAT/OP/MLI/1. 236 PRI, International experts’ roundtable 247 UN Human Rights Council, Report of the 267 Baker J and Ryttter T, Conditions for Women on preventing radicalisation in prisons: Special Rapporteur on torture and other in Detention − Needs, Vulnerabilities and developing a coordinated and effective cruel, inhuman or degrading treatment or good practices, Dignity: Danish Institute approach: report, January 2016. punishment, Juan E. Méndez, Gambia, against Torture, 2014. 237 Word Health Organization, Food Systems in 16 March 2015, A/HRC/28/68/Add.4. 268 ‘Florida prison system to ‘thoroughly Correctional Settings, 2015 http://www.euro. 248 UN Committee Against Torture, Eighth review’ allegations of sex abuse at Lowell who.int/__data/assets/pdf_file/0006/292965/ annual report of the Subcommittee on Correctional’, Miami Herald, 14 December Food-systems-correctional-settings- Prevention of Torture and Other Cruel, 2015 http://www.miamiherald.com/ literature-review-case-study.pdf?ua=1. Inhuman or Degrading Treatment or news/special-reports/florida-prisons/ 238 UN General Assembly, Pathways Punishment, 26 March 2015, CAT/C/54/2. article49690215.html. to, conditions and consequences of 249 UN Committee against Torture, Report on 269 UN revised Standard Minimum Rules for incarceration for women, Report of the the visit of the Subcommittee on Prevention the Treatment of Prisoners (Nelson Mandela Special Rapporteur on violence against of Torture and Other Cruel, Inhuman or Rules), Rules 43-45. women, Rashida Manjoo, 21 August 2013 Degrading Treatment or Punishment to Mali, 270 For developments in the US, see for A/68/340. 20 March 2014, CAT/OP/MLI/1. example, ‘Factsheet: Department of Justice 239 HM Chief Inspector of Prisons for England 250 CPT, Report to the Bulgarian Government Review of Solitary Confinement’, The and Wales, Annual Report 2014–15, https:// on the visit from 24 March to 3 April 2014, White House website, 25 January 2016, www.justiceinspectorates.gov.uk/hmiprisons/ CPT/Inf (2015) 12. https://www.whitehouse.gov/the-press- wp-content/uploads/sites/4/2015/07/HMIP- office/2016/01/25/fact-sheet-department- AR_2014-15_TSO_Final1.pdf. 251 ‘Human rights group alleges Gordon justice-review-solitary-confinement; County inmates inadequate’, Calhoun 240 Note this comparison is intended to be ‘California agrees to overhaul use of solitary Times, 1 November 2014 http://www. confinement’,New York Times, 1 September illustrative and indicative only. It is taken from northwestgeorgianews.com/calhoun_times/ the following sources. Average Daily Food 2015 http://www.nytimes.com/2015/09/02/ news/local/human-rights-group-alleges- us/solitary-confinement-california- Expenditure taken from: US Department gordon-county-inmates-inadequately-fed/ of Agriculture Economic Research service, prisons.html?_r=0 and ‘Curtailing solitary article_4228a7d0-610d-11e4-a90d- confinement’,Boston Globe, 9 October Percent of consumer expenditures spent 0017a43b2370.html. on food, alcoholic beverages, and tobacco 2015 https://www.bostonglobe.com/opinion/ that were consumed at home, by selected 252 Institute for War and Peace Reporting, editorials/2015/10/09/curtailing-solitary- countries, 2014 http://www.ers.usda. Armenian Prison Food Controversy, 19 confinement/gzlZfoUnbTN3W4638ArveM/ gov/data-products/food-expenditures. September 2015 http://www.ecoi.net/local_ story.html. aspx#26654. Daily Prison Food Expenditure link/312023/436207_en.html. 271 ‘Trudeau calls for ban of solitary confinement in selected countries was taken from the 253 UN Human Rights Council, Report of the in federal prisons’, 24 News, 13 November following different sources. Special Rapporteur on torture and other 2015 http://www.24news.ca/the-news/ Canada: ‘Prison food after cutbacks called cruel, inhuman or degrading treatment or canada-news/178250-trudeau-calls-for-ban- disgusting and inadequate by B.C. inmates’, punishment, Juan E. Méndez, Addendum of-solitary-confinement-in-federal-prisons. CBC News, 11 March 2015 http://www.cbc. Mission to Mexico, 29 December 2014 272 Office of the Correctional Investigator, ca/news/canada/british-columbia/prison- A/HRC/28/68/Add.3A/HRC/28/68/Add.3. Administrative Segregation in Federal food-after-cutbacks-called-disgusting-and- 254 Ibid. Corrections: 10 Year Trends, 28 May 2015 inadequate-by-b-c-inmates-1.2989657; http://www.oci-bec.gc.ca/cnt/comm/press/ 255 ‘Water a ‘luxury’ at Prey Sar’, Phnom press20150528-eng.aspx. Penh Post, 9 December 2014 http://www. phnompenhpost.com/national/water-luxury- prey-sar.

42 | Penal Reform International | Global Prison Trends 2016 ENDNOTES

273 UK National Preventive Mechanism, 284 ‘Jamaica’s justice minister signs order 298 ‘This Super-Secure Linux-Based Tablet Sixth annual report 2015, http://www. to expunge minor marijuana-related Allows Inmates to Connect to the Outside nationalpreventivemechanism.org.uk/ convictions’, Fox News, 15 July 2015 World’, Softpedia, 15 July 2015 http://news. wp-content/uploads/2015/12/NPM-Annual- http://www.foxnews.com/world/2015/07/15/ softpedia.com/news/this-super-secure-linux- Report-2014-15-web.pdf. jamaica-justice-minister-signs-order-to- based-tablet-allows-inmates-to-connect-to- 274 ‘HMP Whitemoor inmate kept in segregation expunge-minor-marijuana-related/. the-outside-world-486975.shtml. for two-and-a-half years, report finds’, 285 Branson R, ‘See potential and give second 299 ‘Skype scheme for prisoners axed amid The Guardian, 26 September 2015 chances’, 20 July 2015 http://www.virgin. terror fears’, The Mirror, 1 December http://www.theguardian.com/society/2015/ com/richard-branson/see-potential-and- 2015 http://www.mirror.co.uk/news/ sep/26/hmp-whitemoor-inmate-kept-in- give-second-chances. uk-news/skype-scheme-prisoners-axed- segregation-for-two-and-a-half-years- 286 HM Inspectorate of Probation, amid-6937388. report-finds. Transforming Rehabilitation Early 300 Rabuy B and Wagner P, Screening Out 275 ‘Surge in number of prisoners killing Implementation, 4 January 2016 http://www. Family Time: The for-profit video visitation themselves in solitary confinement revealed justiceinspectorates.gov.uk/hmiprobation/ industry in prisons and jails, January 2015 by report’, The Independent, 9 June 2015 wp-content/uploads/sites/5/2016/01/ http://www.prisonpolicy.org/visitation/. http://www.independent.co.uk/news/ TransformingRehabilitation4.pdf. 301 ‘Body cameras mean prison officers uk/crime/surge-in-number-of-prisoners- 287 Association for the Prevention more likely to behave appropriately’, committing-suicide-in-solitary-confinement- of Torture, OPCAT Database Daily Telegraph, 5 November 2015 revealed-by-report-10306379.html. http://www.apt.ch/en/opcat-database/. http://www.telegraph.co.uk/news/ 276 ‘Extreme high-risk’ prisoners on hunger 288 UN Committee Against Torture, Eighth politics/11976595/Michael-Gove-Body- strike at Goulburn’s Supermax jail’, The annual report of the Subcommittee on cameras-mean-prison-officers-more- Guardian, 16 April 2015 http://www. Prevention of Torture and Other Cruel, likely-to-behave-appropriately.html. theguardian.com/australia-news/2015/ Inhuman or Degrading Treatment or 302 ‘Drone Carrying Package With Drugs and apr/16/extreme-high-risk-prisoners-on- Punishment, 26 March 2015, CAT/C/54/2. Blades Found in Oklahoma Prison Yard’, hunger-strike-at-goulburns-supermax-jail. 289 Ibid. NBC, 27 October 2015 http://www.nbcnews. 277 Thirteenth Congress on Crime Prevention com/news/us-news/drone-carrying- and Criminal Justice, Doha Declaration on 290 Ibid. package-drugs-blades-found-oklahoma- Integrating Crime Prevention and Criminal 291 ‘20 inmates released under pilot tagging prison-yard-n452221. Justice into the Wider United Nations project’, Maldives Independent, 5 July 2015 303 ‘Prevention of Arms and Drugs Smuggling’, Agenda to Address Social and Economic http://maldivesindependent.com/politics/20- Dedrone, undated http://www.dedrone.com/ Challenges and to Promote the Rule of Law inmates-released-under-pilot-tagging- en/application/prisons-drone-protection. at the National and International Levels, and project-100516. Public Participation, Doha, 12 –19 April 2015. 304 Morgan N and Morgan I, Conference 292 ‘Kazakhstan Increases Use of Electronic Report: 34th Asian and Pacific Conference 278 ‘US Department of Education Launches Bracelet Monitoring Rather Than Prison’, of Correctional Administrators, 2014 Second Chance Pell Pilot Program for Astana Times, 13 January 2015 http:// http://www.apcca.org/uploads/APCCA_ Incarcerated Individuals’, US Department of astanatimes.com/2015/01/kazakhstan- Report__2014.pdf. Education website, 31 July 2015 http://www. increases-use-electronic-bracelet- ed.gov/news/press-releases/us-department- monitoring-rather-prison/. 305 See Ministry of Corrections and Probation education-launches-second-chance-pell- of Georgia, Probation National Agency pilot-program-incarcerated-individuals. 293 The Second World Congress on Community Strategic Development Action Plan for 2016, Corrections was held 14-16 July 2015, in undated http://www.probation.gov.ge/eng/ 279 New law to help prisoners reintegrate into Los Angeles, USA. For more information, main/index/1. society, Arab News, 13th December 2014 see: http://cep-probation.org/recap-of-the- http://www.arabnews.com/saudi-arabia/ world-congress-on-community-corrections/. 306 ‘Kazakhstan Increases Use of Electronic news/673771. Bracelet Monitoring Rather Than Prison’, 294 Weisburd K, Monitoring Youth: The Collision Astana Times, 13 January 2015 http:// 280 ‘Costa Rica Forum Seeks Greater of Rights and Rehabilitation, http://papers. astanatimes.com/2015/01/kazakhstan- Education, Work Programs for Prisoners ssrn.com/sol3/papers.cfm?abstract_ increases-use-electronic-bracelet- in Latin America’, Latin American Herald id=2585224. monitoring-rather-prison/. Tribune, undated http://laht.com/article. asp?ArticleId=2365383&CategoryId=12394. 295 ‘PS From America’, Unlocking Potential blog, 307 Human Rights Watch, “To Consolidate This 16 September 2015 http://reformingprisons. Peace of Ours”: A Human Rights Agenda 281 ‘Chainsaw training to be offered to federal blogspot.ae/2015/09/ps-from-america.html. for Côte d’Ivoire, 8 December 2015 https:// inmates on the prairies’, CBC News, 3 July www.hrw.org/report/2015/12/08/consolidate- 2015 http://www.cbc.ca/news/canada/ 296 ‘Michael Gove Scraps Court Charge’, The Guardian, 3 December 2015 http://www. peace-ours/human-rights-agenda-cote- calgary/chainsaw-training-to-be-offered-to- divoire. federal-inmates-on-the-prairies-1.3137915. theguardian.com/law/2015/dec/03/michael- gove-scraps-criminal-courts-charge. 308 McNeill F, ‘Probation: Myths, realities 282 ‘Prisoners guaranteed work through job 297 ‘Kerala jail inmates to get personal email ids and challenges’, Offender Supervision in training scheme in WA’s North West’, ABC Europe blog, 18 June 2014 http://www. News, 21 November 2014 http://www.abc. as part of state’s e-literacy programme’, First Post, 17 July 2015 http://www.firstpost.com/ offendersupervision.eu/blog-post/probation- net.au/news/2014-11-21/guaranteed-jobs- myths-realities-and-challenges. on-release-for-prisoners-in-wa/5909132. india/kerala-jail-inmates-to-get-personal- email-ids-as-part-of-states-e-literacy- 309 Durnescu I, ‘Pains of Probation: 283 Personal communication from Rob Allen programme-2347448.html. Effective Practice and Human Rights’, in: following assessment of Ethiopian Federal International Journal of Offender Therapy Prison System 2014. and Comparative Criminology, SAGE Publications, 2011.

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44 | Penal Reform International | Global Prison Trends 2016