The Rehabilitation and Reintegration Of

GLOBAL PRISON TRENDS 2018

SPECIAL FOCUS Pull-out section The rehabilitation and reintegration of offenders in the era of sustainable development Global Prison Trends 2018 Penal Reform International The Thailand Institute of Justice (PRI) is an independent (TIJ) is a public organisation This document is co-published and non-governmental organisation established by the Government produced with financial assistance that develops and promotes of Thailand in 2011 and officially from the Thailand Institute of Justice fair, effective and proportionate recognised by the United Nations (TIJ). It is the fourth edition of Penal responses to criminal justice Office on Drugs and Crime as Reform International’s Global Prison problems worldwide. the latest member of the United Trends series. Nations Crime Prevention and We promote alternatives to prison that This report was authored by Criminal Justice Programme support the rehabilitation of offenders, Olivia Rope and Frances Sheahan. Network Institutes in 2016. and promote the right of detainees Penal Reform International to fair and humane treatment. We One of the primary objectives of (PRI) would also like to thank campaign for the prevention of torture the TIJ is to promote and support Harvey Slade for his contribution and the abolition of the death penalty, the implementation of the United to the report, as well as Javier and we work to ensure just and Nations Rules for the Treatment of Sagredo and Phiset Sa-ardyen appropriate responses to children and Women Prisoners and Non-custodial (TIJ) for contributing to the Special women who come into contact with Measures for Women Offenders Focus section. The authors the law. (the Bangkok Rules). drew on information provided by contributors to PRI’s expert We currently have programmes in In addition, the TIJ strives to serve as guest blog series available at the Middle East and North Africa, a bridge that transports global ideas www.penalreform.org/blog and Central Asia, the South Caucasus to local practices with an emphasis information kindly provided by and Sub-Saharan Africa, and work on fundamental issues including partner organisations. The report with partners in South Asia. interconnections between the rule was edited by Martha Crowley. of law and sustainable development, To receive our monthly e-newsletter, human rights, peace and security. Its contents are the sole please sign up at responsibility of PRI. www.penalreform.org/keep-informed. For more information, please visit www.tijthailand.org This publication may be freely Penal Reform International reviewed, abstracted, reproduced Head Office Thailand Institute of Justice and translated, in part or in 1 Ardleigh Road GPF Building 15th–16th Floor whole, but not for sale or for use London N1 4HS Witthayu Road, Pathum Wan in conjunction with commercial United Kingdom Bangkok 10330 purposes. Any changes to the text of Thailand this publication must be approved by +44 (0) 207 923 0946 PRI. Due credit must be given to PRI, Email: [email protected] Email: [email protected] the TIJ and to this publication. Twitter: @PenalReformInt www.tijthailand.org Facebook: @penalreforminternational Enquiries should be addressed to [email protected]. www.penalreform.org ISBN: 978-1-909521-60-5 First published in May 2018. © Penal Reform International 2018 Graphic design by Alex Valy. (www.alexvalydesign.co.uk) Cover photo © Karla Nur 2014. CONTENTS

Contents

Foreword 5 Introduction 6 1. Crime and imprisonment 7 Crime rates and the use of imprisonment 7 Prison overcrowding 8

2. Trends in the use of imprisonment 10 Pre-trial justice 10 Pre-trial detention 11 Sentencing 11 Life imprisonment 12 Death penalty 13 Drugs and imprisonment 14

3. Prison populations 16 Women 16 Children 18 Elderly people 19 Lesbian, gay, bisexual, transgender and intersex (LGBTI) people 20 People with disabilities 21

4. Prison management 22 Security and violence 22 Prison staff 23 Health 25 Solitary confinement 26 Contact with the outside world 27 Rehabilitation and reintegration 28 Violent extremism in prison 28 Fragile and conflict-affected states 31 Corruption in prison 32

5. Role and use of technologies 33

6. Alternatives to imprisonment 36

25 Key recommendations 39 Endnotes 41

CENTREFOLD Special Focus 2018 (pull-out section) The rehabilitation and reintegration of offenders in the era of sustainable development

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 3 FOREWORD

[The] trend of over-incarceration and punishment of people who use drugs is seen on every continent

4 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 FOREWORD

Foreword

Every year, Global Prison Trends This trend of over-incarceration and we call for these commitments to by Penal Reform International (in punishment of people who use drugs be implemented, taking account of collaboration with the Thailand Institute is seen on every continent. The deep the fact that over-incarceration as of Justice) provides us with a global impact it has on prison systems a result of out-of-date drug policies view on the state of prisons. And, and on people in prison and their stalls progress on implementing the every year, this report is, unfortunately, communities has sparked the current Sustainable Development Goals, hardly a surprise – we read about global debate on drug policy reform. In notably for Goal 3 on health, Goal the degrading conditions in which recent years, more and more countries 5 on gender equality, Goal 10 on people are imprisoned, and about have been introducing amendments reducing inequality, and Goal 16 on their growing number. Yet the level to their drug laws; for example, by peaceful societies. of crime in most societies is constantly decriminalising the use of drugs Drug policies need reforms, and there decreasing. The question that remains in Norway and Colombia, and by are two urgent ones to enact. First, we unanswered, therefore, is why our replacing prison terms with monetary need to accept that behaviours and societies focus their response to fines in Ghana and Tunisia or with actions of others that are not aligned unlawful behaviours so often on community service, as envisaged with our own moral perspectives do prison? Where is the proportionality in Senegal. Other countries have not need to be turned into criminal in sentencing when we punish non- gone even further. Ecuador gave an offences. Second, we need to violent offences with lengthy prison amnesty to drug couriers and released introduce proportionate sentencing sentences? Is this the only response thousands of prisoners. Countries and alternatives to imprisonment for we can offer? that have traditionally adopted harsh minor drug supply-related offences. stances on drugs, such as Malaysia The chapter on drugs and This will ease pressure on prison and Iran, are reviewing their death imprisonment in this report highlights systems so that they can fulfil their penalty policies for drug offences, that a high number of prisons in the purpose as set down in the UN Nelson and removing people from death row. world are overcrowded due to the Mandela Rules: to play a rehabilitative incarceration of people for drug-related These changes and reforms are role and focus on social reintegration, offences, in particular non-violent being discussed and implemented and to distance from the criminal offences involving use and possession in a global environment that remains justice system those who should not for personal use. This directly highly stigmatising, where drugs are be subject to it, including people who reflects our contemporary addiction still considered ‘evil’ and prohibition use drugs. to punishment and showcases the approaches prevail. They are therefore Rt Hon Helen Clark disproportionality of punishment in born out of a real need – the need for relation to the offence. The use of societies to stop exposing their citizens Member of the Global Commission on harsh prison sentences for people to greater risks from arrests related to Drug Policy; Former Prime Minister of New Zealand, 1999–2008; Former Administrator who use drugs or for those who play drug use than come from the act of of the United Nations Development a minor role in the drug trade also using drugs. Programme (UNDP), 2009–2017. shows the inefficiency, limitations and The need for reforms was also perverse effects of current drug control highlighted at the UN General policies. Not only are punishment Assembly Special Session on Drugs and incarceration becoming the sole held in 2016. In their decisions there, instruments used to enforce the law, member states called for more but also they are serving to implement proportionate sentencing and for moral norms which have no link with alternatives to incarceration. At the the reality of the offence that they are Global Commission on Drug Policy, supposed to punish.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 5 INTRODUCTION

Introduction

Global Prison Trends 2018 is the fourth All of these factors have contributed In addition to chapters on edition in Penal Reform International’s to prison overcrowding at crisis levels, sentencing, prison populations, annual series, published in collaboration and although some countries have prison management, the role and with the Thailand Institute of Justice. made efforts to reduce their prison use of technologies and alternatives The report analyses trends in criminal populations, many have resorted to to imprisonment, this year’s report justice and the use of imprisonment unsustainable ‘quick fixes’ such as takes a closer look at pre-trial justice and, as in previous years, these show amnesties or building new prisons. issues. Part two covers developments that while overall crime rates around in safeguarding rights for people Criminal justice policies affect nearly the world have declined, the number arrested and suspected of a criminal every aspect of the 2030 Sustainable of people in prison on any given day offence, as well as new research on Development Goals (SDGs), including is rising. sentencing practices, such as the poverty, food security, human rights, increasing use of plea bargaining and This continuing increase demonstrates health and well-being, education, social life imprisonment. that pre-trial detention is not being inclusion, gender equality, employment, used as a last resort, as required by environmental issues, human security, By providing an overview of trends and international standards, and prison access to justice, inclusive political challenges in penal policy and the use remains the automatic response to processes, and governance and the of imprisonment globally, we hope that criminal offending in most countries rule of law. Yet they have often been Global Prison Trends 2018 provides around the globe. Minor, petty offences developed without full consideration a useful tool for policymakers and continue to attract prison sentences, of the costs of such policies for other actors working towards fair and including poverty-related crimes like sustainable development. effective criminal justice systems. theft or drug use and possession. As the Special Focus section on Overall, sentences are becoming The rehabilitation and reintegration Alison Hannah Dr. Kittipong Kittayarak longer, with mandatory minimum of offenders in the era of sustainable Executive Director Executive Director sentencing policies restricting access development argues, our leaders need Penal Reform Thailand Institute to justice. With few exceptions, the to rethink criminal justice policy to International of Justice principle of proportionality in sentencing overcome these enormous problems remains aspirational. and ensure that ‘no one is left behind’ People from minority groups and – a commitment made by states in Indigenous communities continue to be adopting the SDGs. A system based caught up in criminal justice systems on rehabilitation and sustainable at disproportionate levels, which often development can see people in prison reflects the social and economic rebuild their lives and contribute to safer exclusion of such groups. societies, free from poverty.

6 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 CRIME AND IMPRISONMENT

PART ONE Crime and imprisonment

Crime rates and the use of imprisonment Accurately measuring levels of crime Despite the global downward trends an impact;11 since 1998, the Court has is not possible, although general in crime, between 2000 and 2015 delivered more than 600 judgments trends suggest that crime rates have prison populations rose unrelentingly finding inhuman and degrading continued downwards in recent by almost 20 per cent – a rate slightly treatment of individuals in Russia’s years for homicide and other violent higher than the world population detention facilities.12 The Netherlands crimes, as well as for property crimes. growth over the same period.6 saw a decrease of 46 per cent in its Prosecutions for drug possession The number of women and girls prison population between 2006 and offences, on the other hand, in prison worldwide increased by 2016. Again, the causes of this are increased between 2003 and 2013, 53 per cent between 2000 and 2017.7 unclear, but contributing factors are while drug trafficking prosecutions a renewed focus on crime prevention, The Institute for Criminal Policy remained stable.1 Cybercrime, such a drop in registered violent crime, and Research estimates that there were as internet-based theft, fraud and expansion of the scope of suspended over 10.35 million prisoners living in exploitation, is increasingly recognised sentences and in the use of electronic prisons around the world in 2016, as a major concern.2 monitoring.13 The country has such either in pre-trial detention or having a surplus of unused cells that it has The crime of homicide is generally been convicted and sentenced. rented some of its prisons to Belgium regarded as a proxy indicator for The true figure may be in excess and Norway.14 violent crime overall. The United of 11 million, since the data is not Nations Office on Drugs and Crime complete and, for example, does not Although the female prison population found an overall decline in intentional include figures from countries such as is rising, women and girls still remain a homicide between 2009 and 2015 Eritrea, Somalia and North Korea, nor small minority, constituting 6.9 per cent but noted marked variants across people in police detention.8 of the global prison population.15 In different regions.3 Large increases in Africa, the proportion – at 3.4 per cent There are diverging trends in the use homicide were seen in South America – is much lower than elsewhere. In of imprisonment at the regional level. until 2014, in Northern Africa between the Americas, women and girls make Between 2000 and 2015, the total 2009 and 2011, and in Southern Africa up 8.4 per cent of the total prison prison population in Oceania increased between 2011 and 2015, although in population, while in Asia the proportion by almost 60 per cent, and in the the latter there has been a significant is 6.7 per cent; in Europe, 6.1 per Americas it increased by over 40 per decline over the past 25 years. A cent; and in Oceania, 7.4 per cent.16 cent overall – 14 per cent in the US, common feature of several countries over 80 per cent in Central American The drivers behind the increasing rates with high homicide rates is inequality countries, and by 145 per cent in of imprisonment globally are many and in income distribution.4 South American countries.9 varied, and can be linked to changes in Globally, men are overrepresented as criminal justice policies and practices In Europe, by contrast, the use of both victims and perpetrators when it such as mandatory sentencing and imprisonment decreased by 21 per comes to homicide. However, women stringent bail conditions, as well as cent in the same period.10 Russia’s make up the majority of victims of social, cultural and economic factors prison population decline is striking homicide by intimate partners and such as levels of inequality, substance (a 37 per cent reduction between 2000 family members, and there is limited abuse, unemployment and social and and 2015) and the explanation for this regional differentiation in this pattern.5 community cohesion. Any relationship is not clear. One study suggested that between rates of imprisonment the jurisprudence of the European and levels of criminal activity Court of Human Rights might have had remains contested.

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Some countries continue to have a studies that examined this link, and RECOMMENDATION 01 ‘tough on crime’ approach founded concluded that ‘the crux of the matter States should introduce a range on a belief that higher rates of is that tougher sentences hardly deter of law and policy changes to imprisonment and longer sentences crime, and that while imprisoning reduce rates of imprisonment, will act as a deterrent and incapacitate people temporarily stops them from such as crime prevention offenders from committing crime committing crime outside prison walls, measures, the expansion whilst in prison. However, there is it also tends to increase their criminality of alternative measures, clear evidence that tougher sentences after release. As a result, “tough on and a renewed focus on of imprisonment do not in fact deter crime” initiatives can reduce crime rehabilitation in both prisons offenders from committing crime. A in the short run but cause off-setting and community settings. 2017 report by the Open Philanthropy harm in the long run’.17 Project reviewed 35 international

Prison overcrowding The growth of the world prison overcrowding. While there is a great Justice Ministry admitted to a ‘severe’ population has exceeded the rate of deal of evidence that the mental health overcrowding problem.29 The extra general population growth since 2000, of prisoners is affected by prison prisons will increase the total prison and, in many countries, this increase overcrowding, including from the UN,22 capacity by 137,000 beds.30 In has led to more overcrowded prisons. a new academic study that assessed Slovakia, a new prison is planned to Data suggests that the number of 4,000 prison suicides in 24 countries house a further 832 prisoners,31 and prisoners exceeds official prison found no link between suicides and Nigeria announced that six ‘ultra- capacity in at least 120 countries.18 overcrowding.23 modern’ prisons will be opened This is an underestimate, as some across the country.32 A European The long-term solution to prison systems base their calculations on Parliament report which deplored overcrowding lies in the reform of minimal space per prisoner. Prison prison overcrowding in EU member policies and laws and the use of overcrowding is largely a consequence states noted that ‘increasing prison alternatives to imprisonment, as of dysfunctional criminal justice capacity is not the sole solution to required by the UN Tokyo Rules.24 systems and punitive responses overcrowding, as the prison population However, more immediate responses, to crime. (See Pre-trial detention, tends to rise at the same rate as such as amnesties and pardons, page 11; Sentencing, page 11). increases in prison capacity’.33 continue to be implemented. Overcrowding also occurs in Amnesties were recently announced The use of non-custodial measures at transportation of detainees; for in Macedonia and Kuwait, and, in the pre-trial stage and post-conviction instance, a recent report by Amnesty The Gambia, more than 250 prisoners is increasingly understood to be an International found that prisoners in received a pardon.25 In Kenya, the effective way to reduce overcrowding. Russia can spend up to 60 hours in a President directed the release of Several countries struggling with space of just 0.29 square metres while petty offenders, citing huge costs as overstretched prisons took steps being transferred between facilities.19 the reason for decongestion, and a to keep people out of prison. For decongestion initiative began in 2017 example, following a European Court A small number of countries have in Nigeria, led by a newly established of Human Rights ruling that it take seen a drop in their prison populations national committee on prison reform.26 steps to address prison overcrowding, in recent years, including Russia Romania planned to introduce early and Mexico.20 But the general trend While amnesties and pardons produce release and electronic monitoring of over-incarceration and prison short-term relief, they are not a for certain categories of prisoners.34 overcrowding continues. sustainable solution and can also (See Pre-trial detention, page 11; erode public confidence in the criminal A report issued by the UN High Alternatives to imprisonment, page justice system. In the Czech Republic, Commissioner for Human Rights 36; and for electronic monitoring, approximately 2,000 of the 6,500 in 201721 detailed the causes and page 33). people released in a 2013 amnesty effects of over-incarceration and subsequently returned to prison.27 In prison overcrowding, citing violence Burundi, a pardon to release around RECOMMENDATION 02 and abuse as ‘by-products’ of the a third of the prison population in early Strategies to address prison latter. It also pointed out links between 2017 was criticised as only making overcrowding should focus on overcrowding and inadequate space for political prisoners.28 crime prevention, expanding healthcare and facilities for training, the use of alternatives to as well as a lack of opportunity to Some countries look to the imprisonment and social enjoy the right to freedom of religion construction of new prisons to interventions that promote or belief. The report detailed how reduce overcrowding. Turkey has sustainable development and vulnerable groups are impacted announced plans to build 228 prisons reduce poverty and inequality. differently and more severely by over the next five years, after its (SDGs 1, 10 and 16)

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The long-term solution to prison overcrowding lies in the reform of policies and laws and the use of alternatives to imprisonment

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PART TWO Trends in the use of imprisonment

Pre-trial justice Everyone has rights, from the moment Congress has been considering work has commenced to develop a they first come into contact with the legislation that would make custody set of universal standards for non- criminal justice system. These include hearings mandatory nationwide.38 coercive interviewing and procedural protection from the unnecessary safeguards.43 The Convention against Some other positive measures have use of force by the police, from Torture Initiative has published a been adopted to protect suspects, summary or arbitrary arrest, and from training tool on the method,44 and the such as in Japan, where a revised law incommunicado detention. People UN has announced the publication of requires mandatory video recording have the right to be told of the reason a Manual on Investigative Interviewing of interrogations with suspects to for their arrest, have access to legal for UN police officers.45 be implemented by June 2019.39 representation and medical care, and A pilot project in Fiji to introduce Investigative interviewing has its origins to be charged and brought promptly video recording of police interviews in the ‘PEACE’ model developed in before a judge.35 was extended for another year.40 England and Wales in the 1990s,46 Police detention and investigation In Paraguay, it is now mandatory which has since influenced other law can be a time of great vulnerability to use detention registries in all enforcement agencies, including in for detainees, with many of these police stations, which can improve Norway, New Zealand and China.47 rights being flouted. For instance, transparency.41 in India state-funded legal aid is not Abusive and coercive interrogation RECOMMENDATION 03 always provided at the time of arrest practices have long been criticised, States should respect, protect or when the accused person is first not least because they are ineffective and fulfil the full range of brought before a magistrate, which in achieving the aim of fact-finding human rights and procedural discriminates against people who to solve crimes. The UN High safeguards guaranteed for cannot afford private lawyers in the Commissioner for Human Rights people arrested. To prevent critical pre-charge stage.36 Research reiterated recently that coercive torture or ill-treatment of from Mexico found that 83 per cent methods, including the use of torture, suspects, investigative of Indigenous prisoners were not are unreliable, counterproductive and interviewing that is non- shown an arrest warrant and 77 per ‘deeply wrong’.42 In 2016, a report coercive should be adopted. cent did not understand why they by the UN Special Rapporteur on (SDG 16) were being detained, and there were torture urged states to develop an only 24 public defenders who spoke international protocol on non-coercive Indigenous languages available for interviewing methods to counter 7,433 Indigenous suspects.37 In Brazil, widespread patterns of torture and judges in only about 40 per cent of ill-treatment to extract confessions jurisdictions see detainees promptly of guilt. This has led anti-torture after arrest at ‘custody hearings’ advocates to promote ‘investigative (where rulings are made on pre-trial interviewing’ – a non-coercive method detention), and many wait months to of interviewing criminal suspects, and see a judge. In response, the Brazilian

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Pre-trial detention Pre-trial detention is one of the by courts, which particularly impacts Other measures to address the main causes of over-incarceration on poor people caught up in criminal excessive use of pre-trial detention and overcrowding and it remains justice systems. The problem is included legal limits on its length and an enormous challenge for prison well-documented in the US, where, application. For example, in Bolivia, systems. Around 30 per cent of in the state of Hawaii during the first where 68 per cent of the prison prison populations have not been half of 2017, almost half of the jail population are in pre-trial detention, convicted. While global pre-trial rates population were in pre-trial detention reforms are being considered to have decreased slightly over the past because bail amounts were set at shorten the maximum time of pre-trial 10 years, in some countries over excessive levels; the average amount detention and limit the number of 60 per cent of people in prison are in for the lowest-level felony was over cases that it can be applied to.56 In pre-trial detention.48 The total number USD$20,000 in Honolulu.52 Steps were Colombia, a new law came into effect and percentage of pre-trial detainees taken in several US states to reform in response to a Supreme Court ruling is an indicator of access to justice bail systems to address the issue, to expedite low-level criminal cases under Goal 16 of the Sustainable including in Connecticut, Alabama where the suspects are in pre-trial Development Goals.49 and recently in New York City, where detention.57 The Egyptian Parliament cash bail for non-felony cases is to is currently drafting a bill to put a A lack of access to legal representation be abolished.53 six-month ceiling on pre-trial detention, is a major factor contributing to although there is some scepticism high rates of pre-trial detention. Efforts to reduce levels of pre-trial as to whether it would be fully For example, a survey in Nigeria detention have been seen in a number implemented.58 found that 56 per cent of pre-trial of countries. In Thailand, a pilot detainees did not have active legal project across 12 courts successfully representation primarily due to lack introduced flight-risk assessment RECOMMENDATION 04 of funds to engage a lawyer.50 Barriers when determining if pre-trial detention Pre-trial detention should to appearing in court are another is necessary. Around 66,000 people only be used as a means of factor, such as in India, where there are imprisoned each year in Thailand last resort, and decisions to was a reported 82,334 cases across because they do not have enough detain should be based on the 154 prisons in a six-month period cash or assets to post bail before and presumption of innocence and where pre-trial detainees did not during their trials.54 In Liberia, where the principles of necessity and appear in court for their trial, due it is estimated that 69 per cent of proportionality. Monetary bail to a shortage of police escorts.51 prisoners are in pre-trial detention, a policies should be reviewed to special judiciary task force has been ensure they do not discriminate High rates of pre-trial detention established to review cases.55 against poor people. are also a result of unaffordable (SDGs 1, 10 and 16) amounts of monetary bail being set

Sentencing Levels of severity in sentencing vary over 18 years in 2012.60 (See Life burglary revealed that offenders are considerably between countries, and imprisonment, page 12). In England far less likely to receive a custodial identifying trends in the proportionality and Wales,141 offenders had their sentence in Limerick than in Dublin.62 and length of sentences is not sentences increased in 2016 as Elsewhere there have been positive straightforward. However, available a result of a referral scheme where sentencing reforms. In New Zealand, data suggests that prison sentences anyone can ask the Attorney General a new government set out plans are getting longer generally, particularly to consider whether a sentence to remove the ‘three strikes’ law for serious offences. For example, should be referred for review at the introduced in 2010, which removed whilst the number of custodial Court of Appeal for being unduly the discretion of a judge when prison sentences handed down by lenient. The scheme is only possible sentencing a third offence, requiring courts in Finland decreased overall for more serious offences, and the maximum prison sentence by 42 per cent between 2004 in 2017 was extended to include available in law, without the possibility and 2016, the average duration of 19 terrorism-related offences.61 of parole.63 The Nepalese Parliament life-term sentences rose from just over Wide variation has also been observed passed a Bill that permits courts to 10 years in the 1990s to 14.5 years in sentencing practice between courts sentence prisoners to ‘open jails’ and, in 2016.59 A similar trend was seen and individual judges; for example, in if sentenced to less than two months, in Scotland, where the average tariff Ireland, where there are no sentencing the court may order them to serve their for those receiving a life sentence guidelines, analysis of sentencing for sentence in a rehabilitation centre.64 increased from 10 years in 2000 to

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 11 TRENDS IN THE USE OF IMPRISONMENT

In the US, the Sentencing Commission 95 per cent of criminal cases are now to them during a trial. Also, innocent considered an amendment to the resolved through plea bargains, with people can be persuaded to plead federal sentencing guidelines to little regulation (there are no legal guilty; easier convictions can increase the availability of ‘alternative limits on what can be negotiated encourage over-criminalisation and to incarceration’ sentences.65 between individual prosecutors and drive harsher sentences; there can be defendants). In Australia, England an inequality between the negotiating A significant trend in relation to and Russia, more than 60 per partners and a lack of transparency sentencing is a growth in plea cent of cases are resolved with where ‘deals’ are done by prosecutors bargaining or trial waiver systems. Plea plea bargains.67 behind closed doors; and public trust bargains are a negotiated process by in justice can be undermined.69 which the prosecution puts forward Supporters of plea bargaining assert reduced charges or requests a lighter that it can reduce court waiting times, sentence, and in return a defendant help to reduce pre-trial detention, save RECOMMENDATION 05 pleads guilty or incriminates others. money, and can protect vulnerable Sentencing practice should be victims from the ordeal of testifying guided by international law, A 2017 study on 90 countries by the in trial. In India, for instance, it was including the UN Tokyo and NGO Fair Trials found that there was a introduced explicitly to address Bangkok Rules, and should 300 per cent increase in plea bargains overcrowding.68 However, without be based on the principle of worldwide since 1990.66 For example, adequate procedural safeguards, proportionality. Plea bargaining in Georgia, where plea bargaining was there are considerable concerns systems should be fully introduced in 2004, the share rose about its use and expansion, not least regulated to ensure access to from 13 per cent in 2005 to 88 per that defendants lack the procedural justice is preserved and rights cent in 2012. The US is the jurisdiction safeguards that should be available of suspects are upheld. (SDG 16) with the most extensive use – over

Life imprisonment The actual time served when someone Some countries impose mandatory Rights Council urging its prohibition.75 is sentenced to ‘life imprisonment’ sentences, and in the US, for instance, The only country to allow LWOP varies from country to country. In some ‘three strikes’ legislation insists on sentences for crimes committed by jurisdictions, life sentences are handed automatic life sentences after a third children is the US.76 Although a 2016 down for a determinate number of offence. The gradual abolition of the Supreme Court ruling required the years, after which the prisoner is death penalty is another cause, with re-sentencing or consideration of released with or without conditions. life imprisonment replacing capital parole for people currently serving In others, a prisoner must serve a punishment as the ultimate penalty. life sentences for offences they minimum number of years, at the end committed as children, states have Where disaggregated data is available, of which they will be considered for been slow to do so and little progress it suggests that women comprise just release. Life without parole sentences has been made.77 Twenty-five states under 4 per cent of life-sentenced (LWOP) are where the prisoner has and Washington, D.C. now ban the prisoners.71 Although they constitute no possibility of having the sentence sentence, up from five states just five a minority, analysis from the US reviewed, so will be imprisoned until years ago.78 In four other states it found that the rise in life sentences his or her death. exists in law, but is never imposed in for women surpassed that for men. practice.79 (See Children, page 18). It is now estimated that almost A possible reason offered – given half a million people are serving life the relatively stable and low level Conditions for life-sentenced prisoners sentences around the world, according of women’s involvement in violent continue to fall below minimum to a ground-breaking study that will crime which life sentences are usually standards, and restrictions on access be published in 2018.70 Data from imposed for – was that men may be to rehabilitation programmes and the study shows that there has been benefitting from parole release more contact with the outside world are a steady growth in the number of frequently than women.72 Research common. Reports show that several life-sentenced prisoners around the published in 2017 found that for countries systematically handcuff world over recent decades. Out of a women, serving life sentences was and/or strip-search life-sentenced total of 216 countries and territories, ‘more acutely painful and problematic prisoners whenever they leave their 183 allow for life imprisonment in than [for] their more numerous male cells, regardless of actual risk.80 law, often as the ultimate penalty for counterparts’.73 Much of this was This is the case in Kyrgyzstan for the most serious crimes. Sixty-five because of their role as carers, and example, although a new facility countries impose LWOP sentences. because of previous victimisation. has been opened to accommodate prisoners serving sentences longer Explanations for the rise in life Data from 2015 showed that 73 than 20 years, where prisoners will be imprisonment include ‘tough on crime’ countries allow life sentences for permitted to move inside the facility policies and long sentences handed offences committed while under the without escorts or handcuffs.81 down as part of punitive drug policies. age of 18,74 despite the UN Human

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Although life imprisonment is a major Court encouraged the government no genuine prospects of release contributor to the problem of prison to avoid LWOP by introducing violated the prohibition of inhuman overcrowding, it continues to be non-mandatory life sentences with or degrading treatment.85 excluded from discussions on penal the possibility of release, instead reform. For instance, a 2017 study in of capital punishment.83 In another RECOMMENDATION 06 the US found that although the number significant judgment, the Supreme States should reduce the use of people serving life sentences in Court of Namibia ruled in early 2018 of life imprisonment, taking the country’s prisons is at an all-time that very long fixed-term sentences, account of the principle high (representing one in seven which in practice would keep of proportionality and the people in prison), the ‘evaluation of offenders in prison for longer than negative impact of such the appropriateness of lifelong prison life sentences, are unconstitutional, sentences. Life sentences sentences is typically either omitted as they violate the right to dignity.84 without any possibility of from policy discussions or deliberately These judgments follow the European parole should be abolished. excluded from reforms’.82 Court of Human Rights’ (ECtHR) ‘right Conditions for life-sentenced to hope’ jurisprudence. In its most There have been efforts by courts prisoners should adhere to the recent judgment on the issue in May to limit the application of life minimum standards set out 2017, the ECtHR ruled that whole-life imprisonment. In Kenya, the Supreme in the Nelson Mandela Rules. sentences in Lithuania offering (SDGs 8, 10 and 16)

Death penalty In general, the use of the death Political Rights, committing to abolish offences.96 New laws proposed in penalty is decreasing globally and the death penalty, and announced a Indonesia would see a 10-year stay the trend towards abolition of the moratorium in early 2018.90 on executions.97 death penalty continues. Following There are at least 33 countries that In the US, death sentences and a spike in executions in 2015, global allow for the death penalty for drug executions remained at a historic low, figures show that the number of offences in law, and at least nine with only eight states carrying out people executed fell by 37 per cent countries retain it as a mandatory executions in 2017.98 The Supreme in 2016; Amnesty International sanction (although three of these Court enforced the prohibition of the recorded that at least 1,032 people countries are abolitionist in practice). execution of intellectually disabled were executed in 2016, compared Excluding China where statistics defendants, by ruling against the to at least 1,634 in 2015.86 However, are unreliable, at least 1,320 people state of Texas’ outdated methods it also recorded an increase in the are known to have been executed of assessing intellectual disabilities number of death sentences handed for drug-related offences between – which were found to be based on down globally in 2016 (which totalled January 2015 and December 2017, ‘stereotypes, fears, or myths’.99 3,117), representing the highest total although the number of executions has ever recorded.87 However, a few countries that have steadily declined from 718 in 2015 to retained the death penalty in law As of March 2018, 141 countries have 280 in 2017.91 considered reintroducing its use, abolished the death penalty completely There were positive signs of countries including Israel and the Philippines.100 in law or practice, the latter meaning moving towards abolition over The President of Turkey spoke in countries that have not had any the past year, including in Kenya favour of reintroducing the death executions during the past 10 years where mandatory death sentences penalty ahead of a referendum to and which are believed to have a were declared unconstitutional by extend his political powers, and there policy or established practice of not the Supreme Court in December are plans to resume use of the death carrying out executions. There are 2017.92 In Thailand, the government penalty in the Maldives after a 60-year now 105 countries that have abolished announced moves to remove moratorium, which have attracted the death penalty for all crimes and mandatory death sentences for international condemnation.101 a further seven for ordinary crimes certain offences.93 In early 2018, Iran (i.e. laws only permit the death penalty There was increasing concern about abolished capital punishment for for exceptional crimes such as crimes the imposition of the death penalty some drug trafficking offences, which under military law or crimes committed on foreign nationals in Iraq, including affects 5,000 prisoners on death in exceptional circumstances).88 During nationals from regions such as Central row;94 Iran accounted for nearly 90 2017, Mongolia abolished the death Asia and Europe. Many have been per cent of all reported drug-related penalty for all crimes in a new criminal prosecuted for terrorism-related executions between January 2015 and code, and Guatemala abolished the offences such as membership of December 2017, with at least 1,176 death penalty for ordinary crimes.89 or providing support to so-called executions carried out in that period.95 Furthermore, The Gambia signed Islamic State (IS), as well as for Malaysia moved to remove mandatory the Second Optional Protocol to the killings and other acts enshrined in death sentences for drug trafficking International Covenant on Civil and counterterrorism legislation that carry the death penalty.102

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In many jurisdictions, people on death their time on death row, which, on RECOMMENDATION 07 103 row live in conditions that fall well average, lasts more than a decade. States that retain the death below minimum standards, which Harsh physical conditions which penalty should move towards in many cases amounts to inhuman ‘almost act as a separate sentence’ abolition and establish a or degrading treatment. Mandatory for death row prisoners in India are moratorium as a first step. solitary confinement and total bans on detailed in a 2016 study, which found States that have abolished the ‘open’ or ‘contact’ visits are common, ‘extremely cramped spaces, cells with death penalty should support and are in violation of the UN Standard very little light and air, unacceptable the abolition movement Minimum Rules for the Treatment of standards of hygiene, abysmal quality politically and financially. Prisoners (the Nelson Mandela Rules). of food in flagrant violation of prison Conditions for prisoners on One 2017 study explained that every manuals, poor standards of medical death row must meet minimum prisoner on death row in Texas, US, services and almost non-existent standards. (SDGs 3, 10 and 16) spent about 23 hours a day in an mental health services’.104 8-by-12-foot cell for the duration of

Drugs and imprisonment The enforcement of punitive drug become prominent in the debate is law that had imposed a mandatory laws continues to have significant how to measure the impact of drug prison sentence for narcotics use implications for the use and policies on human rights, public health or possession, giving judges new practice of imprisonment. Harsh and development, which isn’t captured discretion to take account of mitigating criminal justice responses to drugs in traditional metrics of drug policy.109 factors.115 In Thailand, where 73 per are a major contributor to prison cent of prisoners are detained on The large majority of drug-related overcrowding, and the ‘war on drugs’ drug-related offences,116 reforms offences that people in prison are persists in some countries with have reduced the overall length of charged with or convicted of are minor. disastrous consequences. sentences for drug offences and According to available UN data, 83 per further relaxation of the country’s drug The debate at the international level cent of drug offences recorded by laws are anticipated in 2018 through on how to address the world drug law enforcement and criminal justice the proposed Narcotics Control Bill.117 problem is ongoing. 2019 marks systems are possession offences.110 Ghana will become the first African the end of the 10-year-long 2009 To reduce the use of imprisonment country to decriminalise the personal UN Political Declaration and Plan of for minor drug offences, all UN possession and use of illicit drugs Action105 on drug policy, which aimed member states at the 2016 UNGASS if the progressive Narcotics Control at enhancing international cooperation committed to the ‘development, Commission Bill currently under and reducing the supply and demand adoption and implementation…of consideration is adopted.118 for illicit drugs. There is growing alternative or additional measures with agreement that the 2009 goals are not regard to conviction or punishment’ There was an expansion in the use only unattainable, but policies adopted for minor drug offences.111 of ‘drug courts’119 – designed to offer under them have led to significant drug treatment programmes under Many governments have taken steps harm. UN bodies, international leaders judicial supervision – particularly in towards a less punitive approach to and an increasing number of member Latin America, which follow a model drug cultivation and possession for states have rejected such a punitive from the US where there are around use. New reforms have been proposed approach to drug policy.106 This 3,100 drug courts.120 However, there or adopted over the past year – broken consensus on the direction of are significant concerns about this including decriminalising cannabis or international drug policy was reflected expansion, including from the Inter- reducing sentences for minor offences in the lead-up to and outcome of the American Commission on Human – in countries such as France, Georgia, UN General Assembly Special Session Rights (IACHR). The Commission Norway and Canada, and in several (UNGASS) on drugs in 2016.107 has criticised the lack of available US states.112 data and monitoring mechanisms The UN Human Rights Council In Myanmar, where approximately demonstrating effectiveness and noted adopted a Resolution on drugs 48 per cent of the prison population that some drug courts have been used and human rights in March 2018, are held under drug-related to criminalise non-problematic drug reaffirming the role of human rights offences,113 the National Narcotic Drug possession or use, rather than the in the international drug policy Control Policy was issued in February stated intention of providing a public debate and requesting a report on 2018 after years of deliberations, health alternative.121 the implementation of the UNGASS shifting policy towards a less punitive Outcome Document with regards to approach.114 Furthermore, the human rights.108 One issue that has Tunisian Parliament amended a drug

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Conversely, many countries remain marijuana on 1 January 2018.128 Drug use in prison remains prevalent. dedicated to a prohibitionist and The IACHR expressed concern that The UN reported that 20 per cent punitive approach adopted as part minor drug-related offences are of the world’s prison population use of the so-called ‘war on drugs’; this characterised as ‘grave offences’ in a drugs, compared to an estimated has serious consequences, including number of states, leading to automatic 5.3 per cent in the community. the spread of infectious diseases, pre-trial detention.129 Cannabis is the most common ever-increasing prison populations, drug used in prison, followed by Women are disproportionately affected and discrimination against minorities heroin.132 Furthermore, the use of by harsh drug laws. In the Americas and Indigenous populations as well new psychoactive substances by and Asia, significant increases in as women.122 prisoners has become common in the female prison population are English prisons, as well as in the In the Philippines, President Rodrigo largely due to an increase in drug US and in police detention centres Duterte continued to wage a war on prosecutions. In a 2017 report, the in New Zealand.133 Harm reduction drugs which has led to more than IACHR details how pre-trial detention measures, a key measure to an estimated 12,000 people being for drug-related offences has an preventing harms associated with drug killed since it began in mid-2016.123 excessive impact on women and their use – including the transmission of In February 2018, the International families. It notes the lack of gender HIV – are rarely provided in prisons.134 Criminal Court announced it would awareness in drug policies, which do (See Health, page 25). be investigating the ‘extra-judicial not take into account that women killings in the course of police anti-drug usually participate at a low level of the operations’.124 A month later, the drug business chain and trafficking, RECOMMENDATION 08 President responded by announcing and that their imprisonment has a States should review their the country would withdraw from significantly negative impact on their drug policies in order to adopt the International Criminal Court’s children.130 (See Women, page 16). evidence-based policies that Rome Statute.125 include decriminalisation of In some countries drug users are minor offences, proportionality US President Donald Trump detained in compulsory ‘drug of sentencing, and non-custodial responded to the country’s opioid rehabilitation centres’ without alternatives to imprisonment. crisis, which has seen more than two oversight, and there are reports of Treatment as an alternative million people become dependent on serious human rights violations. For 126 to imprisonment must be prescription pain relief drugs, by instance, in Vietnam there are up to voluntary and human-rights signalling an intent to re-escalate the 11,317 people held in such centres 127 compliant. Metrics to measure ‘war on drugs’. Furthermore, early in Ho Chi Minh City alone, including the outcomes of drug policies 2018 saw the US Attorney General children. Detainees are forced to should include their impact rollback a policy legalising marijuana perform menial work and violations of on human rights, health and by giving federal prosecutors discretion rules or failure to meet work quotas are development. (SDGs 3, 5 and 16) on enforcing a federal prohibition punished by beatings and deprivation – causing confusion in states of food and water.131 such as California, which legalised

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PART THREE Prison populations

Of the approximately 10.35 million As a result, minorities are more likely In several countries, people from people held in penal facilities globally, to be arrested, prosecuted and Indigenous communities are also the majority are adult men135 who imprisoned for longer terms than disproportionately represented in tend to be from impoverished members of the majority population criminal justice systems, with high backgrounds.136 in a significant number of countries.137 imprisonment rates.139 For example, in Denmark, there are People from national, ethnic, religious Foreign national prisoners (FNPs) make plans to double the penalties for or linguistic minority groups continue up a quarter of prison populations crimes committed in deprived ‘ghetto’ to be discriminated against in many in 39 countries. In the United Arab areas, where immigrant numbers are criminal justice systems. Emirates, Qatar and Switzerland, FNPs above-average.138 constitute over 70 per cent of the prison population.140

Women Women and girls remain a minority Sharp rises in female prison numbers Women from Indigenous communities in prison populations, constituting across the Americas are also a result and ethnic minorities face significant around 7 per cent of the global prison of harsh drug laws144 that continue disadvantages in the criminal justice population. In November 2017, new to impact women disproportionately, system. For instance, Aboriginal and data published showed that there as reported on by the Inter-American Torres Strait Islander women comprise are now more than 714,000 women Commission on Human Rights.145 34 per cent of women in prison in and girls in prison globally.141 It is Australia but only 2 per cent of the Further evidence has emerged noteworthy that the world’s female adult female population.149 The UN confirming that women are also prison population has increased Special Rapporteur on violence against frequently imprisoned for non-violent by 53 per cent since 2000. This women visited the country in 2017, minor offences committed in the represents a significant rise compared which prompted a review of the policy context of poverty and discrimination, to male prison population rates, of incarceration for unpaid fines, given and they have often been victims which have risen by 20 per cent in the the disproportionate impact it has on of violence themselves. A 2017 UN same period. Aboriginal women.150 In the UK it was report highlighted links between reported that black women are 25 per Female prison rates have risen sharply poverty, family roles and drug-related cent more likely than white women to over the past couple of years in Brazil, offences committed by women, raising receive a custodial sentence.151 Indonesia, the Philippines and Turkey, concerns at their ‘overincarceration’ for whereas substantial decreases were ‘transporting drugs (as mules), having Various initiatives sought to reported in Mexico, Russia, Thailand a secondary role in the commission address the soaring rates of female and Vietnam. Africa continued to of crimes or performing low-level imprisonment through non-custodial have the smallest increase in the high-risk tasks, often at the request measures and sanctions in line female prison population, whereas the of their partners’.146 Poverty was also with the 2010 UN Rules for the Americas, Asia and Oceania saw sharp highlighted as the root cause of the Treatment of Women Prisoners and rises overall.142 high number of women in pre-trial Non-custodial Measures for Women detention in US jails which, research Offenders (the Bangkok Rules). The US, China, Russia and Brazil found, was most likely due to their hold the highest number of women In February 2018, the Brazilian inability to afford cash bail.147 In the and girls in detention. Proportionally Federal Supreme Court decided that UK, a new report provided evidence the highest female prison population pregnant women and mothers with of domestic abuse and ‘coercive is in Hong Kong (at 20.8 per cent of children under the age of 12 who are relationships’ being a driver to the total prison population), where accused of non-violent crimes will be women’s offending, citing that at least the majority of women prisoners placed under house arrest instead of 57 per cent of women in prison had are foreign nationals sentenced for in pre-trial detention.152 The judgment been victims of domestic violence.148 drug-related offences (as drug ‘mules’) gave authorities 60 days to apply the or immigration violations.143 order, which will affect at least 4,500 women who are currently detained.153

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New data published showed that there are now more than 714,000 women and girls in prison globally © Karla Nur, 2014

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The probation service in Kenya, improved access to sanitary products gender-sensitive rehabilitation, civil together with PRI, implemented a for women prisoners.157 In Chiang society organisations often fill the gap. project to ensure that community Mai, Thailand, a centre for women For example, a social enterprise in service and probation are improved was set up to offer employment for Mexico, La Cana, facilitates craftwork for women. (See New approach women released from prison who had for women prisoners and sells the to probation and community graduated from the prison’s massage products on their behalf with positive service for women, page 36).154 In training programme. outcomes: 92 per cent of the women Costa Rica, several reforms have prisoners involved said that they However, reports confirmed that the been implemented to address the earned more money in prison than UN Bangkok Rules have still not been vulnerability of women offenders. they did before being imprisoned.160 implemented in many countries. The Following a sentencing reform, (See Rehabilitation and reintegration, European Parliament noted difficulties approved in November 2013, to page 28). for women prisoners in accessing reduce the imprisonment of women activities, sports grounds, libraries, who smuggle drugs into prison,155 a etc., due to being housed in wings RECOMMENDATION 09 new reform in January 2017 provides of male prisons, and concluded The UN Bangkok Rules should for the possibility to wipe criminal that the Bangkok Rules are ‘seldom guide states in criminal justice records in cases where offences adhered to’ in the EU member reform to ensure systems meet were committed in ‘situations of states.158 In Uganda, women are the needs of women. Sentencing vulnerability’.156 mostly excluded from formal education of women should take account Some prison reforms to implement opportunities offered in prison, as of any victimisation, caretaking the UN Bangkok Rules were reported evidenced in the 2017 O-Level responsibilities and context of during 2017, although these were examinations where there were no the criminal conduct, giving exceptional. For instance, in the female prisoner candidates.159 With preference to non-custodial US, the Federal Bureau of Prisons many authorities failing to set up sanctions. (SDG 1, 5, 10 and 16)

Children The total number of children in old. There will also be a new clause increased focus by police on serious detention – those under 18 years stating that children between the ages offences (which tend to be committed of age – was estimated to be about of 12 and 14 can only be held liable by adults), an increase in the use of a million in 2010. The UN Global for an offence if the magistrate can diversion, and an overall reduction Study on Children Deprived of Liberty determine the child had the necessary in youth crime.170 The role of social has been long in the planning and maturity or knowledge to form the media in offences by children was also seeks to document the full extent of intent to commit a crime.164 reported on in the UK: social media children in detention. The study took was used in one in four cases where Brazil, on the other hand, has a a step forward with the appointment a child had committed a serious violent controversial bill under consideration of an Independent Expert and, amid offence, and is increasingly being to treat 16 to 18-year-olds charged concerns about a lack of funding,161 used by young people to incite and with specific offences as adults. research commenced in 2017. The plan crime.171 In Japan, the age of criminal Study will be published in 2019. responsibility is currently 20, but the Cases of systemic abuse of children Developments in the treatment of Justice Minister has consulted an in detention, commonly exposed children in criminal justice systems advisory panel about the possibility by independent monitoring bodies, were mixed. The minimum age of of lowering it to 18.165 confirm that children in detention criminal responsibility was reviewed in experience high levels of violence Several countries took steps towards a number of countries. Controversial as a matter of routine. For example, establishing a separate justice system proposals to lower the minimum in Australia a Royal Commission for children, such as Cambodia age of criminal responsibility from delivered its final report172 looking where there are plans to construct a 15 to nine years were dropped in the at 10 years of youth detention and new facility for children166 following a Philippines,162 and the governor of welfare in the Northern Territories. new juvenile justice law in 2016. In New York signed a new bill raising It revealed shocking and systemic Trinidad and Tobago three specialised the age of criminal responsibility to failures resulting in widespread Children’s Courts were planned,167 and 18 years of age for those charged mistreatment, primarily of Aboriginal in Italy, a proposal to abolish Youth with non-violent crimes. This will bring and Torres Strait Islander children Courts and Youth Public Prosecutors New York into line with 48 other US who are 25 times more likely to was dropped in the face of widespread states that allow children to be moved end up in the justice system than public concern.168 from adult prisons to juvenile detention non-Indigenous children. centres.163 In Sri Lanka, amendments New data from England and Wales The situation of children held at a to relevant legislation are being showed that arrests of children have detention facility in Macedonia was prepared for Parliament’s approval that fallen by as much as 64 per cent deemed ‘totally unacceptable’ by will raise the minimum age of criminal in the last six years.169 There are the European Committee for the responsibility from eight to 12 years diverse drivers for this, including an

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Prevention of Torture in response to detained alongside adults is common Other countries backtracked on plans allegations of physical ill-treatment practice,177 and in Kenya children were to reintroduce capital punishment and the lack of response to them.173 also often held alongside adults at for children, including Kuwait, which In New Zealand, the Children’s police stations.178 Staffing shortages in March 2017 rapidly repealed the Commission reported that teenage led to boys in the UK being held in death penalty and life imprisonment boys at a youth prison had told them cells nearly all day, according to the after they were introduced for offences how staff hit them ‘on the body where Prison Inspectorate.179 committed while aged over 16.184 it won’t mark’ during fight clubs held Also, in the Philippines, a proposal to A small number of countries away from CCTV cameras.174 In Brazil introduce the death penalty for children retained the death penalty for crimes four children were found dead after a was withdrawn.185 (See Death Penalty, committed by children, which is group of men broke into a detention page 13). prohibited by international law.180 facility, capturing six children;175 in During 2017, its use fell for the addition, a bill was proposed that second year running, although Iran RECOMMENDATION 10 would permit staff at detention facilities executed at least four people who Detention of children should for children to use electric shock were children at the time of the alleged be used as a very last resort, weapons, riot control equipment and offence and many more remain at and the death penalty and firearms in certain situations, which is risk of execution.181 Authorities in life imprisonment should incompatible with various international the Puntland region of Somalia are be prohibited for children. standards including the UN Rules for reported to have executed five boys States should adopt child- the protection of Juveniles Deprived of aged 14 to 17 in April 2017.182 A man friendly justice systems their Liberty (the UN Havana Rules).176 in Japan was hanged for a crime and protect children from Practices of detaining children with committed when he was 19 years old violence and ill-treatment. adults and in deplorable conditions (the age of criminal responsibility in (SDGs 3, 4, 5, 10 and 16) also continue. Zambia’s Human Rights Japan is 20).183 Commission found that children being

Elderly people Healthcare professionals normally tailored towards younger prisoners and the objective of early detection use the age of 65 as the point at fail to address the specific needs of and providing needed support; it is which someone is termed as elderly. older prisoners. estimated that 14 per cent of the In prisons, the demarcation is often country’s over-60 prison population Elderly prisoners have higher than younger, sometimes at 50 years, has dementia.193 In the UK, a unit was average rates of recidivism in Japan, since so many prisoners have health opened specifically for older prisoners, for example, which has been attributed conditions, histories of substance although it has been suggested to their unique difficulties in obtaining dependence and limited access that older prisoners can be a employment on release as well as to to healthcare. stabilising force and age-segregated isolation and poverty.189 units can break constructive In many countries, the proportion One response to the growing relationships between younger and of elderly prisoners has continued population of elderly prisoners has older prisoners.194 to rise. Singapore saw the number been to facilitate early release on of prisoners aged over 60 double compassionate grounds, like in the between 2012 and 2016,186 and in RECOMMENDATION 11 US.190 In the Philippines, 127 prisoners Australia, the number of prisoners over States should assess the needs were released on the basis of their the age of 50 has grown by a third in of elderly prisoners, including age and illness in 2017, and in just five years.187 In the UK, the number for rehabilitation, reintegration Argentina, courts can order people of prisoners over 60 has tripled in and healthcare, to inform 188 older than 70 years to be held under 15 years. 191 prison regimes. Early release house arrest. mechanisms should be adopted Elderly prisoners are a diverse and Recent studies show that there is a for elderly prisoners. complex population. Challenges for need for clear and explicit strategies (SDGs 10 and 16) prison authorities include responding to respond to the challenges posed to chronic illnesses and disabilities by this growing group of the prison common among elderly people, such population.192 In Japan, a pilot is as dementia. Rehabilitation, work and ongoing to assess all prisoners release programmes are generally aged over 60 for dementia, with

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Lesbian, gay, bisexual, transgender and intersex (LGBTI) people In more than 70 countries, same-sex 195 relations are criminalised, and the New protection for LGBTI Principle 9 calls upon states to death penalty can still be applied for ensure that placement in detention same-sex relations in a number of people in detention avoids further marginalisation and that LGBTI people have access countries in Africa and Asia. There are A new set of principles were to the healthcare and counselling also laws that specifically criminalise adopted in November 2017 that they need, including hormone to supplement the original transgender persons based on their therapy and gender reassignment. 196 2006 Yogyakarta Principles on gender identity or expression. It also calls for protective measures international human rights law Overall, there are no clear trends to be in place that do not involve relating to sexual orientation, regarding the de-criminalisation restriction of rights, the provision gender identity and expression, of conjugal visits regardless of of same-sex relations, with some and sex characteristics. A key the gender of the partner, and countries becoming increasingly addition was Principle 9, relating training and awareness-raising tolerant, including in Latin America, to the treatment of LGBTI people of prison staff. North America and Europe, and others in detention. more repressive.197 LGBTI people continue to be arrested and imprisoned because of their identity. Whilst in detention, they are Some positive policies were put in additional principle specifically on the also frequently discriminated against, place to protect LGBTI people in right to treatment with humanity while harassed, and face serious violence detention, but they were not always in detention.210 (See New protection and even torture. In Chechnya, there effectively implemented. New rules for LGBTI people in detention, above). were widespread arrests of gay men, were introduced in California, US, for who were held in unofficial detention hundreds of transgender prisoners facilities for days, humiliated, starved, RECOMMENDATION 12 regarding clothing, medical care and and tortured.198 In Azerbaijan, reports States should take measures the prisons they are assigned to, but emerged of the torture of gay men to protect LGBTI people authorities reported challenges in and transgender women because of in detention, in line with implementation.204 In Thailand, the their sexual identity,199 and in Egypt, the Yogyakarta Principles. Department of Corrections announced 2017 was marked by extensive arrests Protection from violence and plans to separate LGBTI prisoners and ill-treatment of LGBTI people on stigmatisation should be in different ‘zones’ within prisons to charges of ‘debauchery’.200 A 2017 ensured, without restricting ensure their safety and security.205 In study from Costa Rica showed that rights, and adequate Canada, the federal prison service transgender people in prison lack healthcare must be provided, adopted a new policy on transgender access to hormonal treatment and including hormone therapy prisoners206 and approved the face verbal and physical violence.201 and gender reassignment. first-ever transfer of a transgender (SDGs 5, 10 and 16) A report in the US found that LGBTI prisoner to an institution based on their youth were over-represented in the gender identity, rather than physical criminal justice system, faced bias anatomy.207 An Israeli prison agreed in court decisions regarding pre-trial to allow a homosexual conjugal visit detention and sentencing, and were for the first time, following a court at higher risk of being placed in ruling that it was discriminatory not solitary confinement or segregated to allow this.208 units.202 In another finding, women The UN increasingly raised the rights who identified as lesbian or bisexual of LGBTI prisoners during 2017209 represented approximately a third and the ‘Yogyakarta Principles’ of imprisoned women in the US, a – Principles on the application of proportion that is eight to 10 times international human rights law in higher than the 3.4 per cent in the relation to sexual orientation and general population.203 gender identity – were updated and strengthened. They now include an

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People with disabilities Aside from country-specific reports, by telephone was exposed as being There is growing awareness of this there is little data on the number faulty and outdated,214 and a report challenge, and there have been some of people in prison with disabilities, revealed the devastating harm caused moves towards diverting people with although trends suggest that the by placing prisoners with physical mental illness away from prison. A growing prison population in most disabilities in solitary confinement, ground-breaking law was passed in countries and the significant increase which is frequently imposed owing South Africa that stops the automatic of older prisoners in some countries to a lack of cells designed for their imprisonment of accused persons have led to an increase in the number needs.215 In Florida, more than who are mentally ill or intellectually of people with disabilities in prisons. 30 prisoners who are deaf, blind or disabled.221 In early 2018, the For example, people with disabilities in wheelchairs claimed in court they Supreme Court in Brazil ruled that are over-represented in Australian were not allowed to participate in jobs, persons with disabilities should not prisons, where they represent 18 per services and programmes available be put into pre-trial detention.222 The cent of the country’s population to others.216 Canadian Correctional Ombudsperson but almost 50 per cent of people highlighted that women with serious People in prison are disproportionately entering prison.211 mental illness need to be placed in affected by mental illness and prisons psychiatric facilities outside of prison.223 Prisoners with physical disabilities frequently fail in providing adequate confront numerous challenges, mental health provision. Ill-treatment A new report was published on such as not having access to the of prisoners with mental illness is international good principles for healthcare they require to manage also commonly reported. In Australia, operational and design consideration their disability; not receiving the research indicated that half of all adult of prison facilities, in order to mitigate support they need with daily activities prisoners have been diagnosed or the detrimental impact prisons have such as eating, dressing and washing; treated for a mental health problem on people with mental illness.224 and being denied hearing aids, Braille and 87 per cent of young people documents and interpreters, which in custody have a past or present RECOMMENDATION 13 makes it impossible to participate in psychological disorder.217 The report States should collect data on rehabilitative activities.212 In a significant found that prisoners with mental health the number of people in prison ruling against Latvia, the European disorders are at risk of spending days, with disabilities, and review Court of Human Rights found that weeks, months and sometimes even their needs in order to inform the anguish a deaf and mute prisoner years locked up alone in detention policy and practice, in line had suffered – from not being able or safety units.218 A report by the with international standards. to communicate that he lacked the US Justice Department’s Inspector This should include training necessary amount of personal space General found that prisoners with of staff and policies to protect in his cell – constituted inhuman or mental illnesses in federal prison discriminatory treatment and degrading treatment.213 also spend, on average, more time abuse, as well as architectural in solitary confinement or restrictive In the US there were several reports measures. (SDGs 10 and 16) housing than prisoners without on the failings of authorities to provide documented mental illnesses.219 for prisoners with disabilities. The In Belgium, hundreds of people with technology for deaf prisoners to mental disabilities continued to be communicate with family and friends detained in inadequate prison wards.220

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PART FOUR Prison management

Security and violence A dynamic security approach to decline in safety in prisons since 2012 While reliable statistics on the scale of prison management, which is based and statistics from September 2017 the use of torture remain scarce – not on positive prisoner-staff relations show a record high in the number of least due to under-reporting by the and prison intelligence, has become self-harm and assault incidents. This many victims237 – there are indications more widely respected. There is also is attributed to reductions in staffing that torture is on the rise. UN anti- greater appreciation for security as and difficulties in retaining staff, torture experts noted in 2017 that an important precondition to effective high levels of drug use (particularly the absolute prohibition of torture is rehabilitation, although many prison new psychoactive substances),230 ‘challenged in the name of national systems struggle to reduce excessive overcrowding, and long-term shifts in security across the globe’.238 levels of violence and deaths and to the nature of the prison population.231 Reports of the use of torture address torture. Prison riots led to deaths in several reflect a common pattern: that it is Deaths in custody due to countries during 2017, including the commonly used by law enforcement inter-prisoner violence or abuse and Philippines, Indonesia, Nigeria, Congo agencies in the pre-trial stage to neglect by prison staff continued to and South Africa.232 There were also extract confessions. (See Pre-trial be commonplace in many countries. riots – fuelled by gang disputes – in justice, page 10). For instance, There was outrage in Guatemala after Latin American countries including the UN Committee against Torture 41 adolescent girls were killed in a Guatemala, the Dominican Republic, noted that in Sri Lanka ‘in numerous fire in a state-run institution in March Mexico, Venezuela and Colombia.233 documented cases of torture, the 2017. Officials and police officers were In Brazil, riots continued unabated accused persons alleged that they charged with manslaughter, among during 2017 with authorities struggling were forced to sign blank sheets of other charges, after the girls, allegedly to gain control of prisons. The Rio paper or self-incriminatory statements locked inside a room, died as a result state government released figures that written in a language they did not of burns and smoke inhalation.225 In showed a 26 per cent rise in killings in understand’.239 Furthermore, Amnesty Argentina, the National Penitentiary 2017 compared to 2015.234 Fifty-six International has reported on torture Office recorded eight ‘violent deaths’ people died in a riot in the Amazonas by authorities to extract ‘confessions’ of federal prisoners in the first half of city of Manaus and officials reported in a number of countries, including 2017.226 Correction services in Papua some bodies were decapitated Egypt, United Arab Emirates, Iraq, New Guinea called for an inquiry after and burned.235 Kuwait, Nepal, Saudi Arabia and 17 escapees were shot and killed by Turkmenistan.240 Gangs continued to control many prison guards in March 2017, although prisons in Latin America; for example, the investigation has not yet started as many as 65 per cent of Mexico’s RECOMMENDATION 14 due to a lack of funding.227 In the state prisons are thought to be States should ensure the US state of Alabama, eight people controlled by organised crime groups. safety of prisoners, including were killed in prison during 2017, Different measures to manage gangs through dynamic security representing the highest number in prisons were tried in the region. The and safeguards to uphold of prison homicides in the state El Salvadorian government extended the absolute prohibition to date.228 ‘extraordinary measures’ to reduce of torture. There should be Record levels of prisoner violence the control of the MS13 and Barrio adequate staff-prisoner ratios were also reported in a number 18 gangs, classified as terrorist to guarantee the exercise of of other prison systems such as groups by the government, in the effective control of prison in New Zealand, where the Chief country’s prisons. Honduras closed facilities. (SDGs 10 and 16) Ombudsperson found ‘unacceptable’ a prison known to be a ‘criminal rates of violence, after half of the hub’ in October 2017, opening a prisoners surveyed in one visit said new maximum-security prison in they had been assaulted.229 England its place.236 and Wales has witnessed a steady

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Hunger strikes in prison hunger strike following their in Guantánamo Bay, the US continued transfer to a high-security section to force-feed hunger strikers, and a Hunger strikes have long been of Rajai-Shar prison, where they recent change in policy means that employed by prisoners – both were reportedly held in cells with their declining health is no longer individuals and large groups – as windows covered by metal sheets monitored.249 a form of protest and as an attempt and denied basic needs.244 to make their voices heard regarding The UN Committee against Torture poor conditions, violence and Responses to hunger strikes by prison has stated that force-feeding of mistreatment in detention, or injustice authorities vary but are frequently in prisoners on hunger strike constitutes in trial processes. violation of international standards. ill-treatment and that measures, Some force-feed prisoners or deny including legislation, should be in In August 2017, more than 500 them medical treatment and others place to ensure that it is prevented.250 prisoners went on hunger strike in take punishment measures. In Cuba, Furthermore, the World Medical Argentina protesting overcrowded prisoners on hunger strike ‘endure Association is clear that individuals conditions, lack of access to healthcare extended solitary confinement, ‘capable of forming an unimpaired and poor hygiene, as well as the beatings, restrictions on family rational judgment concerning the treatment of a prisoner who was visits, and are denied medical consequences…[of refusing food] shall wounded by rubber bullets and care’.245 Free medical care has been not be fed artificially’.251 It further chained to a wall for three days.241 refused to prisoners on hunger states that force-feeding is ‘never In South Africa, the start of 2018 saw strike in Russia,246 and in August ethically acceptable’ and hunger 96 life-sentenced prisoners go on 2017, a prisoner in Iran was refused strikers in prisons must be advised hunger strike to protest against unfair hospitalisation by prison authorities on the effects of their actions, while delays in the parole process, with one for digestive complications following the decision to hunger strike must not prisoner hospitalised.242 his long-term hunger strike.247 prejudice any other aspect of medical care.252 The International Committee The UN Special Rapporteur on In 2017 the Israeli Prison Service of the Red Cross is similarly opposed the human rights situation in punished around 1,500 Palestinian to force-feeding on grounds of Iran expressed deep concern in prisoners on hunger strike with human dignity.253 2017 243 about the situation of a solitary confinement and denial of number of prisoners on prolonged family visits.248 In the military prison

Prison staff On the one hand, there is growing reported to be looked after by 26,000 environment. The federal government recognition of the importance of prison officials, several major violent agreed to a settlement of USD$20 investing in staff, and of the fact that incidents that led to serious injuries of million, along with commitments selection, recruitment and training both corrections officials and prisoners to reforms that would improve of staff is critical to effective prison were blamed on staff shortages and employees’ safety.260 A female prison management and safety. On the overcrowding.258 officer in Northern Ireland received other hand, poor working conditions compensation from the prison service Prison staff continue to strike in persist. In June 2017, the Council of for discrimination, bullying and response to violence, staff shortages Europe Conference of Directors of harassment resulting from failure to and working conditions. For instance, Prison and Probation Services called accommodate the fact that she was in early 2018, prison staff in France for new European standards on the breastfeeding on her return to work went on strike in response to a series ‘recruitment and selection criteria after maternity leave.261 of attacks, one of which involved a of different levels of staff working in prisoner convicted for terrorist-related Positively, Rwanda has had success prison and probation services, as well offences who attacked four staff in increasing the proportion of female as regarding their education, training members with scissors and a razor prison guards from 8 per cent in 2011 and professional development’,254 and blade. After a series of strikes by to 24 per cent in 2017, and there are a handbook will be developed during prison staff in England and Wales calls to increase numbers further still 2018–19.255 and amid damning reports of the to reach the country’s labour law quota Reports continued to emerge of prison impacts of budget cuts and staff of 30 per cent.262 staff being attacked. For example, in shortages, the UK Government Scotland, data showed that a prison succeeded in obtaining a permanent RECOMMENDATION 15 staff member was attacked every two ban on industrial strikes from the States should protect prison days in 2016–17.256 In recent years High Court.259 staff from discrimination serious attacks against staff have been Female prison officers are a minority in and violence, including reported in a large number of prison the sector and face distinct challenges gender-based violence. systems, including in India, Canada in their work. In the US a class-action Remuneration and working and the US.257 lawsuit involved more than 500 women conditions should reflect the In many cases, assaults against staff employed at the largest male federal challenging nature of prison were linked to budget cuts or staff prison. They alleged harassment from work and encourage recruitment shortages. In South Africa, where the both co-workers and prisoners, sex of female correctional staff. prison population of over 160,000 is discrimination, and a hostile work (SDGs 5, 8 and 16)

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A shortage of qualified healthcare staff continues to act as a barrier to health provision in prison © Karla Nur, 2014

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Health People in prison frequently have comprehensive health services in the transmission of HIV – remains complex health needs. There are female prisons aimed at HIV prevention politicised in states that adopt a high rates of premature mortality and treatment.271 In 2017, UNAIDS prohibitionist stance towards drug and mental health illness, as well as published a roadmap to accelerate use. In 2016, only eight countries disease resulting from unhygienic HIV prevention in 24 focus countries, implemented Needle and Syringe prison conditions. The rates for HIV, identifying restrictions on health Programmes in at least one prison, tuberculosis and other infectious services in prisons as one reason and they were entirely unavailable diseases among prisoners remain for insufficient progress towards to prisoners in seven out of the nine much higher than in the general Goal 3. Significant funding to boost regions reviewed by Harm Reduction community. The Joint United Nations efforts towards the target has been International.275 Programme on HIV/AIDS (UNAIDS) dedicated by both governments and However, some positive moves estimates that people in prison are foundations,272 although US President have been seen recently to reduce on average five times more likely to Donald Trump proposed budget cuts high rates of drug overdose in the be living with HIV compared with to HIV/AIDS programmes in 2018 immediate post-release period, adults outside prisons,263 although a totalling USD$800 million.273 including provision of naloxone kits higher estimate of 15 per cent is given Despite such commitments and the (naloxone is used to treat narcotic by the World Health Organization.264 identification by UNAIDS of prisoners overdoses) upon release in Canada,276 A shortage of qualified healthcare staff as a key population left behind in and overdose prevention training in continues to act as a barrier to health responses to the HIV/AIDS epidemic, Moldova and Ireland.277 provision in prison. For example, in treatment provision and prevention Uganda, only 56 of 448 prison units measures in prisons are non-existent RECOMMENDATION 16 across the country have provision in some countries, and remain Drug prevention and treatment for health clinics.265 Similarly, in wholly inadequate in many others. and HIV prevention, treatment Bangladesh, there are 63 jails without For example, in Uganda only 33 of and care should be available doctors.266 In Scotland, a government 448 prison facilities are accredited to to people in prison at the same report found that prisoners were not provide anti-retroviral treatment (ART), level as that provided in the receiving the healthcare they needed and pre-trial detainees in Zimbabwe community. Efforts to recruit because there were not enough prison have claimed that the acute shortage sufficient healthcare staff in staff to transfer them to health centres of ART in prisons is life-threatening.274 prisons should be doubled. – 50 per cent of clinical time was The implementation of harm (SDGs 3 and 10) wasted due to missed appointments.267 reduction measures – evidence- Serious outbreaks of disease in prisons based interventions to prevent in 2017 were seen in several countries. In Yemen, PRI provided medicines to treat the cholera outbreak in a prison Smoking bans in prison including in Missouri, US where an in the capital Sana’a; the International asthmatic prisoner succeeded in Committee of the Red Cross estimated A large majority of people in prison a decade-long battle when a legal that the cholera epidemic in the smoke tobacco, with prevalence rates settlement was reached in 2017 country reached one million suspected ranging from 64 to 90 per cent.278 requiring the state’s prisons to go 283 cases in December 2017.268 A cholera Statistics indicate that more female smoke-free. prisoners smoke, compared with outbreak at a Kisumu prison in Kenya their male counterparts.279 In nearly Prison systems often fail to provide 269 was also reported in July 2017, and all countries, smoking is a normal cessation programmes alongside in Zimbabwe, a typhoid outbreak in the part of prison culture for a variety smoking bans, leading to withdrawal capital Harare spread to two prisons in of reasons, including boredom and and increased levels of anxiety, the stresses of being detained. boredom and violence. Prisoners early 2017, leading to an unconfirmed rioted in Victoria, Australia when a 270 number of prisoners’ deaths. Aside from the direct impact ban was introduced in 2015, and last One area where there has been on health of smoking tobacco, year a smoking ban across England prisoners and staff face an ‘elevated and Wales led to a rise in the use of increasing attention at the international probability’ of being exposed to psychoactive substances and a rise level is in the prevention of HIV/AIDS in second-hand smoke, due to the large in violence.284 Smoking bans have also prisons. The international community number of smokers in small spaces led to cigarettes and nicotine patches has made various commitments, that often have poor ventilation.280 becoming sought-after contraband or notably in Goal 3 of the Sustainable Some prison systems have imposed tradable commodities.285 Development Goals which commits to partial or full smoking bans in prisons, although smoking bans The World Health Organization end the HIV/AIDS epidemic by 2030. are mostly found in Europe, North warns that while smoking bans in In May 2017, the UN Commission on America and Australasia.281 Of 32 prisons have shown improvements in Crime Prevention and Criminal Justice European countries where data was air quality, there is limited available adopted a resolution on ensuring collected, 25 have smoke-free cells in evidence of their impact on stopping people from smoking. Therefore access to measures for the prevention some or all prisons.282 Smoking bans have been the subject of legal battles, it recommends a comprehensive of mother-to-child transmission of HIV strategy to change behaviour.286 in prisons, urging states to ensure

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Solitary confinement Solitary confinement – often also their disability, and prisoners with committed suicide while in solitary labelled ‘segregation’, ‘isolation’, mobility disabilities are denied access confinement within three months ‘lockdown’ or ‘supermax’ – is defined to necessary physical therapy and of one another.300 by the Nelson Mandela Rules as the prescription medications.293 In Japan, A number of countries segregated ‘confinement of prisoners for 22 hours where the overall use of solitary individuals suspected or convicted or more a day without meaningful confinement is falling, the number of terrorism-related offences. This human contact’. With some notable of individuals in solitary confinement included the Netherlands, where such exceptions, it continues to be used for longer than 10 years increased individuals were held in prolonged across the globe – including for by over 50 per cent between the solitary confinement in ‘special vulnerable groups such as prisoners years 2012 and 2016, and almost terrorism prisons’, a practice that was with disabilities and children – in half of these individuals were mentally rebuked in a 2017 report by Amnesty contravention of international disabled.294 In Bahrain, concern has International and the Open Society standards.287 This is despite increasing been expressed about a human rights Justice Initiative.301 (See also Violent recognition of its detrimental defender and opposition leader who extremism, page 28). psychological and physiological has reportedly been kept in solitary effects,288 and of the economic confinement for nine months, despite Prolonged solitary confinement also costs – one study found that solitary having medical conditions that required continued to be used in several confinement cells cost three times as hospitalisation.295 The UN Committee countries such as Lebanon302 and much to run as ordinary prison cells.289 against Torture also observed in South Korea.303 In both countries, Afghanistan that solitary confinement prisoners can be segregated for New Zealand, for instance, saw a is applied to persons with infectious up to 30 consecutive days as a 151 per cent rise290 in the use of diseases and mental illness.296 disciplinary measure, a practice solitary confinement over the five-year criticised by the UN Committee period up until 2016, compared However, in a positive contrast, an against Torture, which recalled the to a 16 per cent rise in the prison alleged hacker successfully appealed Nelson Mandela Rules prohibition population.291 Around 8 per cent of against extradition to the US from the on prolonged solitary confinement.304 cases had been isolated for longer UK, partly on the basis that he would than the 15-day limit imposed by likely be kept in solitary confinement, The use of solitary confinement the Nelson Mandela Rules, and a where his physical and mental for children continued, despite a disproportionate number (62 per conditions would be exacerbated.297 prohibition in international standards.305 cent) of prisoners placed in solitary In Australia, authorities defended A disproportionate number of confinement were of Indigenous Mˉaori the placement of two teenagers in suicides continued to occur in solitary or Pacific Island descent.292 solitary confinement for over 250 confinement.297 For example, a days each,306 and the case of a child Prisoners with mental or physical quarter of prison suicides occurred held in solitary confinement for over health issues continue to be placed in segregation cells in the US state of 100 days in the UK was found, in in solitary confinement. In the US, a Texas, which hold only 2.7 per cent court, not to constitute inhuman or report detailed how blind and deaf of the prison population.299 In South degrading treatment.307 Armenia’s prisoners in solitary confinement Africa, an investigation by the Judicial retention of the practice as a experience a heightened form of Inspectorate for correctional services disciplinary measure for juveniles was sensory deprivation as a result of was triggered after two prisoners criticised by the UN Committee against Torture.308 In the US however, there were significant moves towards the elimination of solitary confinement for Canadian court rules than 15 days – was unconstitutional, juveniles, following a ban on its use in noting that this was ‘a generous federal prisons.309 prolonged and indefinite standard given the overwhelming solitary confinement evidence that even within that space Some countries saw limits being of time an individual can suffer imposed on or a reduction in the 312 unconstitutional severe psychological harm’. In use of solitary confinement. There August 2017 there were roughly was a substantial overall drop in the The British Columbia Supreme 300 prisoners segregated in Court of Canada ruled in January federal prisons.313 use of ‘administrative segregation’ 2018 that ‘administrative in Canadian prisons: in August 2017 segregation’ used by Canadian The decision was hailed by the approximately 300 prisoners were federal prisons constituted solitary British Columbia Civil Liberties Association as ‘the most significant segregated, a decrease from 800 confinement, as defined by Rule 310 44 of the Nelson Mandela Rules.311 trial court decision in the prison in 2014. This coincided with a context that we’ve seen in Canadian significant judgment from the Supreme Significantly, the Court found that history’.314 In February 2018, the Court of British Columbia declaring the prolonged segregation – defined by federal government announced they use of both prolonged and indefinite the Nelson Mandela Rules as more 315 would appeal the decision. solitary confinement unconstitutional,

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THE REHABILITATION AND REINTEGRATION OF OFFENDERS IN THE ERA OF SUSTAINABLE DEVELOPMENT

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The rehabilitation and reintegration of offenders in the era of sustainable development

Fair and effective criminal justice systems can play a vital role in ensuring sustainable and inclusive development for all. This section builds on the Special Focus of Global Prison Trends 2017, ‘The Sustainable Development Goals and Criminal Justice’. It explores how the rehabilitation and reintegration of offenders back into their communities can incorporate a broader developmental perspective, contributing to the goals set out in the 2030 Agenda for Sustainable Development.

Reviewing criminal justice policy through the development lens1

With the adoption of the A development-led approach can justice actors can work together 2030 Agenda for Sustainable bring a wider perspective to this with other sectors, including the Development by the United work by looking not only at the private sector and civil society, Nations General Assembly in impact of rehabilitation on the as well as with authorities working 2015, UN member states renewed individual offender but also the in areas such as health, housing their commitment to making impact on their community and and education. the world a better place for on wider society. By applying In many parts of the world, generations to come. Through a development ‘lens’ to the programmes and measures are Goal 16, which promotes peace, rehabilitation and reintegration already in place that follow the justice and the rule of law, of offenders, including through basic principles of this kind of the Sustainable Development targeted interventions for specific integrated approach. This Special Goals (SDGs) recognise that vulnerable groups, the scope Focus outlines four promising development efforts are closely of criminal justice interventions practices, and it is hoped that linked with the justice sector. is broadened beyond their these will inspire those working in traditional boundaries. The rehabilitation and reintegration criminal justice systems to support of offenders, a primary aim Development and justice the achievement of the SDGs, and of criminal justice systems, organisations have tended to take advantage of an integrated has traditionally focused on to operate in isolation from multi-agency approach to changing the behaviour of the each other. For states to fulfil improve their work in the effective individual and improving their their commitment to ‘leave no rehabilitation and reintegration situation, for example through one behind’, there needs to of offenders. providing housing or helping be improved integration and them to find employment. cooperation, so that criminal

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Promising practices guided by development-led perspectives

The following four initiatives The initiatives have some common needs of vulnerable groups and illustrate how targeted criminal elements, notably a willingness to address discrimination and justice interventions can contribute to take into consideration the social exclusion. to sustainable development.

Integrated support for the reintegration of women offenders in Thailand

In recent years, the Thai prison A more recent initiative from 2017 are identified by prisoners and system has explored how is a training course for women staff, with the help from the development-led approaches can prisoners on how to work within SME instructors and the SME be used in the rehabilitation and small and medium-size enterprises Promotion and Development reintegration of prisoners. These (SMEs).3 The course equips Trade Association. approaches have largely sought them with skills to start their own The aim of these rehabilitative to overcome unemployment, which business, leading to sustainable programmes is to reduce rates is a key barrier to reintegration for employment opportunities. The of reoffending and combat women when leaving prison, given Thailand Institute of Justice (TIJ) the discrimination that women their high levels of poverty and the is working in collaboration with the prisoners often experience on stigmatisation and discrimination SME Promotion and Development release. At the same time, they they face. Trade Association on this initiative. address underlying issues and Initiatives have included the In 2018, the ‘Model Prison barriers to development, notably establishment of the ‘Lila Thai Plus (+)’ project4 was developed gender inequality and poverty, Massage Ex-Inmate Employment in Thailand to promote whilst promoting sustained and and Skill Development Centre’, set comprehensive rehabilitation inclusive economic growth and up in Chiang Mai in 2014, which programmes. The aim of the decent work. offers employment upon release project is to build the knowledge for graduates from the Chiang and skills of prisoners through Mai women prison’s massage intensive courses on financial training programme. The women planning and debt literacy earn the equivalent of USD$950 programmes, and to provide per month, which is more than comprehensive psychological twice the average monthly income support to help them return in Thailand (about USD$450).2 to society and to the job market. The Centre, in response to the The SME training course increasing demand, has now mentioned above has been expanded its service to cover six integrated into this project; locations in the city of Chiang Mai. for example, new opportunities

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Improving reintegration services for youth offenders in Jamaica to tackle developmental impacts of youth violence

The issues around Caribbean This development-led approach provided by 17 social workers youth and their involvement in involves a range of bodies, across the country to 580 boys crime and violence are complex, including the Organization of and girls released from two and include high levels of youth American States, the Ministry of institutions. Under the scheme, unemployment, poor educational National Security, the Department 42 young people have been opportunities, ‘feelings of of Correctional Services of offered apprenticeships or jobs voicelessness’, and exclusion from Jamaica, civil society, and the through partnerships with the national and regional governance private sector. Youth in detention private sector. An additional 51 processes.5 In many cases, youth facilities are trained on marketable benefitted from extensive training violence is a response to the threat technical skills and life skills, and in entrepreneurship during a and fear of victimisation and has given individualised psychosocial one-week residence programme, its roots in endemic community support to enable their successful with 21 awarded micro-grants to violence. The UN Development reintegration into society. The start their own business. In 2018, Programme has concluded that project assists them upon the activities of the project will be ‘youth violence is more than a release in accessing educational, expanded from two facilities to all security concern. It is a major vocational and internship or four institutions for youth offenders human development problem’.6 employment opportunities, while in the country. providing comprehensive case The project ‘A New Path’ in The objective of the project is management for six to 12 months Jamaica has sought to address to address the developmental after release. this complex mix of societal, impacts of youth violence by community, inter-personal and Approximately 950 young people responding to the protection individual factors leading to have received assistance through needs of these marginalised widespread youth violence, the project, and 385 girls and young people. The project by improving the availability boys have successfully completed mitigates the damage caused by and quality of reintegration educational, recreational and contact with the criminal justice services, technical training vocational courses that ranged system by providing decent and psychosocial support from classical music and work and targeted support services for convicted youth. life skills to crafts and yoga. with reintegration. Post-release support has been

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Reform to erase criminal records of offenders with vulnerabilities in Costa Rica7

Criminal records often constitute A legislative reform in Costa Rica gain employment because of their a significant barrier for offenders since January 2017 has sought criminal record, despite having to gaining employment and living to overcome these difficulties by relevant work experience and law-abiding lives after release incorporating a development-led skills; this in turn perpetuates from prison. The primary purpose approach. Policymakers have cycles of poverty and recidivism. of criminal records is to provide reconsidered how decisions The law is applicable for people criminal justice practitioners, taken within the criminal justice imprisoned for minor offences such as law enforcement officers, system can also have an impact (carrying a penalty of five years prosecutors, probation officers on the possibility of productive of imprisonment or less) who and judges, with information and decent work for all. It seeks to have served their sentence. The on the past criminal activity of address systemic issues leading offender must have been in a an individual – information that to unemployment and labour situation of vulnerability (such may affect decisions on bail and discrimination in private and as poverty, social exclusion and sentence. However, criminal public sectors. discrimination) at the time that records are widely used for other The new law permits courts to the offence was committed. purposes, in particular in the erase a criminal record. The law The record may be erased employment sector, as well as in outlines criteria for the court to immediately or between three the provision of public housing and take into account, which include to five years after their release, for the right to vote and the right the length of the sentence, which is significantly less than to receive welfare. Employers may the offence committed and, the previous 10-year requirement. request to review a criminal record when relevant, the ‘situation of during the recruitment process, It remains to be seen what vulnerability’ of the offender. While which can result in exclusion situation would constitute the reform does not specifically from obtaining employment ‘vulnerability’ under the reform, target women, they are likely in the formal economy. This and currently this is at the full to benefit as the majority of can have particularly serious discretion of the judge in each non-violent female offenders are consequences for women, case. Thus, while the initiative imprisoned for property crimes or their families and dependents, is an illustration of good small-scale drug-related offences, as women already suffer from emerging practice, its successful often committed in a context of labour market exclusion and implementation remains to vulnerability and poverty. In the social discrimination. be seen. past, such women struggled to

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Economic empowerment of offenders serving community service sentences in Kenya8

Together with the Kenya this was therefore a key challenge him being fully accepted by his Probation and Aftercare Service, to overcome in the rehabilitation community because he was Penal Reform International of offenders. financially stable and more able implemented an innovative project to take care of his dependents. One outcome of this project, to disrupt the poverty-prison which was implemented In order to address the stigma cycle through improving and between 2014–2016 in Kenya, faced by offenders, this project increasing the use of community was economic empowerment also improved the public service – a humane and opportunities for former awareness and understanding of effective alternative to custodial offenders who completed their community service. For example, sentences. The initiative adopted community service sanction. court open days were held for the a development-led approach by Entrepreneurial training was public to visit and find out about tackling poverty, inequality and provided alongside a small the work of the criminal justice gender disempowerment. It sought investment to allow individuals system, while engagement with the to reduce the unnecessary use of to open a basic business, so that media increased positive coverage imprisonment in recognition of its they could support themselves of community-based sentences in negative and long-lasting effects and their families, thereby reducing the press. for both the imprisoned individual reoffending. Probation officers and their family. Imprisonment This initiative demonstrates worked closely with individuals to leads to hidden impacts for family the potential of alternatives identify what kind of investment and communities, including being to imprisonment, such as would help to prevent their unable to buy food or afford school community service, to support the previous poverty-related offending. fees, as well as stigmatisation. achievement of the Sustainable The most popular option was to For women in prison, there are Development Goals – including the receive initial resources for the greater chances of them losing reduction of poverty and gender selling of cereals and groceries, their home, livelihood, partner inequality – in a way that supports and other businesses included and access to their children. both desistance and sustainable poultry farming and carpentry. Therefore, efforts were focused on community development. increasing the use of community The transformational impact of service orders which allow for this development-led approach prison to be avoided, and ensuring is illustrated in the case of one that offenders are economically offender, who benefitted from an empowered to lift them and their empowerment grant which saw families out of poverty. Poverty is him receive a toolbox kit that frequently cited as the reason for helped him secure employment as minor offending in the country and a mason. Probation staff witnessed

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Conclusion

Many offenders are locked in rural communities, and they are ideas can be adapted elsewhere. a vicious cycle of poverty and not empowered to achieve their Much can be achieved by crime. To break this, criminal true potential. A development-led rethinking the challenges and by justice actors and those working approach seeks to put people at investing our efforts in tackling on development issues need to the centre and promote human difficult issues now, thus working work more closely together to security and development. for a sustainable future. address the vulnerabilities and Depending on the needs of the disadvantages of the most at- individuals and local communities, RECOMMENDATION 17 risk groups. Reviewing the policy the development-led approach can States should develop criminal objectives of crime prevention involve initiatives that foster skills justice and prison policies and the treatment of offenders training to improve employment with full consideration of their through a sustainable development opportunities, promote gender relevance and importance lens can open up a space for equality, allow children to grow for achieving the Sustainable stronger alignment of objectives up in safe environments in stable Development Goals of the 2030 and programming between and nurturing relationships, Agenda, so that ‘no one is left behind’ and criminal justice development and criminal policy, reduce violence against women systems play their part to and could change the way many and children, and shift damaging contribute to a just, equitable, crime and violence prevention cultural and social norms. tolerant, open and socially strategies are oriented and There is no one-size-fits-all or inclusive world, in which the implemented in practice. quick-win solution, but successful needs of the most vulnerable The large majority of people in initiatives in one country and in one are met. prison come from low-income context can spark consideration urban neighbourhoods and poor of whether some of the underlying

Endnotes

All website links cited were accurate 3 Thailand Institute of Justice, Summary 7 Ernesto Cortés and Zhuyem Molina, Criminal at the time of going to press in April 2018. report: The Bangkok Rules 7th Anniversary Record Reform in Costa Rica: A Step toward Conference: “Beyond the Prison Walls: Proportionality and Improved Prospects Multi-stakeholder Perspectives on Prisoner For Women’s Lives after Prison, Costa Rican 1 This Special Focus is based partly on Rehabilitation and Reintegration”, (only Association for Research and Intervention discussions at the regional colloquium, available in Thai), held in Bangkok, Thailand, in Drugs (Asociación Costarricense para el ‘Empowering Vulnerable Communities 21 December 2017, www.tijthailand.org/ Estudio e Intervención en Drogas, ACEID) and Women for Sustainable Development’, useruploads/files/2018/MAR/IBR_7anni_ and Washington Office on Latin America, organised by the Thailand Institute of Summary_Report.pdf. 29 June 2017, www.wola.org/analysis/ Justice in partnership with the UN Office 4 Ibid. criminal-record-reform-costa-rica-step- on Drugs and Crime, 25–26 January toward-proportionality-improved-prospects- 2018, www.tijthailand.org/main/en/ 5 UNDP, Caribbean Human Development womens-lives-prison/. content/569.html. Report 2012, Human Development and the Shift to Better Citizen Security, 2012, p45. 8 Penal Reform International, Excellence in 2 ‘Thailand average monthly wages’, Trading Training on Rehabilitation in Africa (ExTRA) Economics, 2017, tradingeconomics.com/ 6 Ibid. Project, Community service as an alternative thailand/wages. to imprisonment: Pilot project final evaluation, 2016.

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Penal Reform International Thailand Institute of Justice www.penalreform.org www.tijthailand.org Twitter: @PenalReformInt Email: [email protected] PRISON MANAGEMENT

citing the Nelson Mandela Rules316 contact,318 as well as the introduction RECOMMENDATION 18 and the effects of the practice. of a policy on the elimination of In line with the Nelson Mandela (See Canadian court rules prolonged solitary confinement by the Irish Prison Rules and the Bangkok Rules, 319 and indefinite solitary confinement Service. Finally, in the US, Texas states should prohibit both unconstitutional, page 26). prisons ended the use of solitary indefinite and prolonged confinement as a disciplinary measure, In Ireland, new data has shown that solitary confinement, as well as citing its lack of rehabilitative impact,320 the number of prisoners in 22 and for certain groups, as stipulated although the practice is retained as a 23-hour ‘restricted regimes’ fell to in international standards. It measure to remove prisoners deemed nine in October 2017, from 211 in should only be used as a last problematic or potentially dangerous July 2013.317 Factors in this shift resort in exceptional cases, and nearly 4,000 prisoners remain in included an amendment to the Irish and then should only be applied solitary confinement.321 Prison Rules, entitling all prisoners for the shortest time possible to two hours out-of-cell time, with and be subject to regular, opportunity for meaningful human independent review. (SDG 16)

Contact with the outside world The availability and forms of contact prison in the Netherlands has built a growing trend for video visits to replace with the outside world by prisoners wing which includes a family room face-to-face contact visits with family varies greatly from country to country. where fathers and children can play or and friends entirely.334 Evidence has shown that prison visits do homework together unsupervised. The costly expense of making phone and contact with family and friends They will also have the possibility to calls was another area of concern helps reduce recidivism. For example, use Skype to talk to their children in the US. Following outrage from a 2017 review by the UK’s Ministry at home.328 prisoners and their advocates, a of Justice found that prisoners who The allocation of prisoners far from price cap was introduced in 2015 receive visits from families or partners their communities remains an issue. by a Federal Commission; however, have a 39 per cent lower reoffending The European Court of Human Rights in 2017 a court ruled that price limits rate than those who have no visits.322 delivered a verdict that imprisoning for in-state calls (not out-of-state Some innovative schemes for prisoners thousands of miles away calls) could not be imposed by the enhancing family visits have been from their relatives in Russia violated Commission.335 In Germany, by adopted recently. In Singapore, their right to family life.329 The Court contrast, the Constitutional Court prisoners were encouraged to held that the distance between the ruled against the overpricing of phone develop a closer relationship with penal facilities and the homes of the calls made by prisoners, saying that their families during a four-hour-long prisoners’ families – ranging from disregarding the economic interests ‘Family Day’, where they mixed 2,000 to 8,000 kilometres – was so of prisoners violates their constitutional freely instead of being separated by great that it had inflicted hardship. right to rehabilitation and that private glass.323 Similarly, in Zimbabwe, ‘Family providers must offer phone services Technology is increasingly used to Weeks’ have been introduced to at fair market prices.336 facilitate contact with family and promote closer relationships between friends. A pilot in Bangladesh will prisoners and families.324 An NGO allow prisoners to make calls to two RECOMMENDATION 19 in Italy organised football matches phone numbers twice a month,330 and States should facilitate contact inside prisons for prisoners and their France has announced that landline between prisoners and their children, to promote more normal phones will be installed in prison cells, family and friends through and enjoyable visits.325 For the first in recognition that contact with family regular, affordable and easy time, open visits will be possible for and particularly children is an important access to mail, telephones women with children and pregnant component of rehabilitation.331 and other communications, women in Cambodia, following a new as well as through visits Ministerial regulation.326 In the UK, a voicemail system for in a clean, respectful and prisoners to regularly exchange A privately-run prison in Wales safe environment. messages with family and friends was expanded a successful scheme in evaluated – prisoners and families alike which prisoners meet regularly with said that it had a positive effect on their child’s teacher to discuss their health and wellbeing, relationships and school work. This allows parents to social ties, and the solving of practical be informed of their child’s progress problems.332 Video visitation continued at school and can also reduce the risk to be rolled out in the US. At least 600 of reoffending.327 Based on this same facilities have it in place, although there model of focusing directly on parents’ are concerns about the quality of the relationships with their children, a sound and picture,333 as well as the

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Rehabilitation and reintegration In recent years, fulfilling the A study that analysed data on nearly It outlines the benefits of such rehabilitative purpose of prisons six million prisoners in the US found programmes, citing research findings has become a higher priority. that by raising the minimum wage, that link education and vocational This is demonstrated in political recidivism rates decreased.341 Another opportunities in prison with a reduction commitments, such as the Doha report showed that criminal records in recidivism and an increase in Declaration adopted at the UN Crime from offences committed more than employment post-release. The manual Congress in 2015,337 and a number 10 years ago – many irrelevant to includes a set of checklists for prison of creative measures adopted to assist the job applied for – were preventing administrations to use in developing, in prisoners’ rehabilitation. former offenders from getting jobs.342 implementing and monitoring rehabilitation programmes. For instance, in the Indian state of There remains an issue with Haryana, 600 cows will be provided providing the right vocational and to six jails where prisoners will be skills training that will help prisoners RECOMMENDATION 20 responsible for their upkeep. The gain employment. For instance, in States should develop and programme seeks to use the cows Canada, the Correctional Investigator implement individualised (holy in the Hindu religion) to assist in criticised the type of skills training rehabilitation and reintegration improving both the psychological and available to prisoners as it did not programmes that address physical health of prisoners involved.338 match labour market demands, root causes of offending and Psychotherapy (using theatrical preventing meaningful employment key barriers. Any skills and drama) has been introduced across on release.343 It was also pointed out vocational training should take China’s prisons to boost rehabilitation by the European Committee on the account of the employment efforts.339 There is also a growing trend Prevention of Torture that all too often market to boost chances of in prison university partnerships,340 ‘female prisoners are offered activities employment post-release. which provide important education deemed “appropriate” for them (such Programmes for women should opportunities for people in prison and as sewing or handicrafts), and are not reinforce gender stereotypes. support better reintegration. excluded from far more vocational (SDGs 1, 4, 5, 8, 10 and 16) training reserved for men’.344 (See Special Focus section) Research demonstrates that unemployment and low pay are key The UN Office on Drugs and Crime barriers to reintegration for people has developed a new manual to released from prison, and challenges assist prisons in developing effective include criminal records and a lack rehabilitation programmes.345 of marketable skills.

Violent extremism in prison At national, regional and international including the underlying social and Violent Extremist Prisoners and the levels, there is a continued interest in psychological dynamics behind Prevention of Radicalization to Violence the management of violent extremist prisoner radicalisation, the dynamics in Prisons 347 from the UN Office on prisoners, as well as policies to prevent of disengagement from violence by Drugs and Crime (UNODC) identifies the radicalisation of prisoners and violent extremist prisoner groups or three crucial areas: prison staff training, interventions to disengage violent gangs, and children who are violent risk management and rehabilitation extremist prisoners and ensure their extremist offenders. It also found efforts, and concludes that full social reintegration. Prisons are seen that there is a lack of evaluation of implementation of the Nelson Mandela as places where prisoners are at risk prison and probation programmes Rules is the strongest approach. This of radicalisation, but they are also aimed at extremist offenders and was also echoed by the Organization recognised as environments where scarce understanding of challenges for Security and Co-operation in there are significant opportunities that such prisoners face upon release Europe (OSCE), which states that one for disengagement. from prison. of the ‘principal – and near-universal – lessons is that prison overcrowding A 2017 review of current research To address the relatively new makes the situation worse, because concluded that there are still challenges faced in this area, prison it provides terrorists and radicalisers glaring gaps in the understanding systems have exchanged information with opportunities to spread their of violent extremism in prisons.346 about interventions, and guidance messages. Long before thinking The study identified specific continues to be developed. The aspects that need further analysis, Handbook on the Management of

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There remains an issue with providing the right vocational and skills training that will help prisoners gain employment

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about more ambitious schemes, safe circumstances, and there is no following a Ministry of Justice review and orderly prisons should be every ‘one-size-fits-all’ solution for decisions in 2016 which found that extremism government’s first priority’.348 around classification, segregation is a growing problem in prison,354 or dispersal, and rehabilitation there were plans to establish three Other guidance that is underway requirements. Furthermore, the specialist ‘separation centres’ to includes a guide for detention monitors UNODC Handbook stresses the hold prisoners charged or convicted outlining how to address issues related importance of being gender sensitive of terrorist-related offences, and a to responses to violent extremism and when undertaking risk assessments, taskforce of counter-terrorism experts radicalisation in monitoring work. This given the complexity of women’s was formed to advise and train will be published in 2018 by the OSCE involvement in violent extremism. prison staff.355 In Australia, plans were and PRI.349 announced to upgrade an existing Difficult decisions have to be One of the main challenges in this prison to create a ‘Supermax II’ facility made as to whether prisoners area is how prison staff can accurately for ‘radicalised’ prisoners.356 categorised as ‘violent extremist’ or identify violent extremist prisoners or ‘radicalised’ and those deemed ‘at Programmes on de-radicalisation, those at risk of being radicalised by risk’ of being radicalised should be disengagement and rehabilitation were others. The European Organisation integrated into the mainstream prison developed in many countries, and the of Prison and Correctional Services population or segregated. Some UNODC emphasised that these should has compiled a list of existing training countries moved towards increased not have a negative impact on the materials for front-line staff and is segregation, despite criticisms that delivery of rehabilitation programmes finalising a screening tool that seeks this can over-estimate the risks and to the ‘regular’ prison population.357 to assist prison staff of different levels under-estimate the moderating effects A multi-disciplinary approach to to detect so-called ‘vulnerable’ and of exposure to other prisoners for rehabilitation has proved effective ‘radicalised’ prisoners as part of a extremist prisoners. The Netherlands in many contexts. Theologians and regional project.350 faced serious criticism for its policy of psychologists were deployed in There are a number of specific risk concentrating extremist prisoners in Kyrgyzstan to work with radicalised assessment tools that are in use in units where they were found to face prisoners,358 and in Italy, an agreement some countries for violent extremist inhuman conditions and were held was made with the Union of Italian offenders and those suspected of in de facto solitary confinement.352 Islamic Communities whereby Imams being radicalised or of influencing France announced that 1,500 places make regular visits to prisons and train others.351 It is generally accepted in separate prison wings will be set prison staff on how to accommodate that each individual has to be up for what the government termed the needs of Muslim prisoners.359 The assessed according to their particular ‘radicalised’ prisoners.353 In the UK, UN Mission in Somalia supported

What happens to Nepal, 16 prisoners were killed and Prison authorities commonly respond more than 90 injured when a prison to natural disasters in an ad-hoc prisoners during natural collapsed.361 In Haiti, during the chaos manner however, and further attention following the earthquake in 2010, should be paid to building the capacity disasters? eight police officers were found guilty of prisoners to act when disasters Prisoners are entirely dependent on of murdering at least 20 prisoners they strike and to preventing risks. For authorities to ensure their health said were attempting to escape.362 example, hazards should be taken into and safety during natural disasters account when building prison facilities Some countries have made progress such as tropical storms, earthquakes, and the allocation of keys should in adopting disaster risk reduction363 floods and landslides. By virtue of ensure prisoners can be evacuated in policies in prisons. These have their detention they are unable to a natural disaster.368 Prisons should included a focus on preventing evacuate to safer areas or access also be systematically integrated into hazards, reducing vulnerability, basic supplies, and without adequate disaster risk reduction policies at local and building upon the capacity and preparedness and planning they can and national levels. resilience of prisoners themselves be at considerable risk. Their inherent to respond to disasters. For instance, There are some initiatives to involve vulnerability can be heightened when a prison in Taiwan is self-sufficient prisoners in assistance during natural prisons are badly constructed, have on renewable energy,364 and in disasters, or in their aftermath. For poor sanitation, are overcrowded, and South Africa, prisons have access years, California’s prison system in the have high proportions of ill, elderly, to aquifers during droughts.365 In US has operated ‘conservation camps’, disabled and illiterate prisoners. the Philippines, new jails have been in which prisoners volunteer to Fatalities and injuries have occurred built on embankments to prevent undertake manual labour like clearing as a result of negligence/inaction flooding, and in a women’s prison brush to prevent forest fires or fighting and abuse during emergencies. in a flood-prone area, prisoners have the fires themselves both inside of For example, during and after been prepared through emergency the prison and in communities.369 This Hurricane Katrina in 2015, thousands drills to respond rapidly in the initiative allows prisoners to learn new of men, women and children were event of an evacuation.366 In New skills and spend time outside prison, abandoned at the main prison in Zealand, beds are reserved in one and saves the state considerable the US city of New Orleans. Power prison in case they are needed after spend.370 Following an earthquake in was lost, and prison staff left whilst a natural disaster, although recently New Zealand in 2010, prisoners were prisoners were stuck in locked cells the Department of Corrections involved in repairing, restoring and with rising water levels.360 In the was forced to use these due to rebuilding houses, thereby learning aftermath of the 2015 earthquake in increasing prisoner numbers.367 employable skills and contributing to reconstruction efforts.371

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prison authorities with the rehabilitation There was growing interest in applying international standards and reintegration of convicted former the treatment of children who regarding children in conflict with Al-Shabaab or associated fighters are involved in violent extremism. the law, regardless of the severity through psycho-social intervention and Following publication of the Neuchâtel of the offence.376 increased community engagement in Memorandum on Juvenile Justice both the pre-release and post-release in 2016,374 which sets out key RECOMMENDATION 21 phases.372 In the US, there was standards and good practices Implementation of the Nelson reported success with an innovative in responding to children in a Mandela Rules should be programme for the rehabilitation of counter-terrorism context, further prioritised in any strategy to those convicted of violent extremist guidelines were issued by the Global prevent radicalisation and offences in Boston, Los Angeles Counterterrorism Forum focusing violent extremism in prison. and Minneapolis. The programme specifically on rehabilitating children States should adopt individual is intensive and individualised, and in detention convicted of violent risk and needs assessments that consists of counselling, philosophy, extremist offences.375 In 2017, the are grounded in human rights. literature and writing essays and UNODC published a comprehensive Further research should be done poetry, as well as close monitoring handbook on the treatment of children on women-specific aspects by authorities and restricted in the context of violent extremism of radicalisation and violent internet use.373 that reaffirmed the importance of extremism. (SDGs 5, 10 and 16)

Fragile and conflict-affected states Fragile and conflict-affected states Liberia reported deteriorating prison In 2017, the UN Department of continue to experience formidable conditions, and prisoners reported Peacekeeping Operations provided challenges in administering effective overcrowding, no proper medication, support to national prison authorities criminal justice and prison systems, inadequate food, limited toilet facilities in countries including the Central including inadequate resources, a and a lack of access to courts.383 African Republic, Haiti, Darfur, Liberia lack of political support, outdated and Somalia. In Libya, the UN mission Prisons in conflict settings continued legislation, weak infrastructure, established joint committees in prisons to be used for arbitrary detention overcrowding, corruption, the with high pre-trial rates in order to and torture in breach of international inability to prevent and respond to reduce the pre-trial population, which law. There were reports from Human violent incidents, and insufficiently stands at 75 per cent.391 In 2017, Rights Watch that the United Arab trained staff. PRI embarked on a programme Emirates (UAE) had supported Yemeni in the Central African Republic to Overcrowding – which is forces in the arbitrary detention, forced develop a strategy for demilitarisation demonstrative of failing justice systems disappearance and torture of dozens of the prison service in collaboration – is a common feature in many states of people during security operations, with the UN mission.392 In Somalia, and can lead to fatalities. In Haiti, and that the UAE also runs at least two the UN Mission has worked since the country with the highest prison informal detention facilities.384 There 2016 to assist with reintegrating occupancy rate in the world377 and were further accounts of atrocities convicted high-risk prisoners through an estimated 80 per cent of prisoners in Syria’s prisons, including against disengagement programmes.393 in pre-trial detention, it was reported women specifically,385 and Amnesty (See Violent extremism in prisons, in early 2017 that many prisoners International reported that nearly page 28). were dying of malnutrition and mass 18,000 people had died in custody funerals were being held.378 During a since the crisis began in 2011.386 riot in a prison in Papua New Guinea, RECOMMENDATION 22 In Libya, the criminal justice system 17 prisoners were shot dead amid International assistance, has all but collapsed and prisoners are allegations of overcrowding and severe including through UN held in government-run and militia-run shortages of food and resources.379 peacekeeping missions, should facilities, often for long periods of time 387 give enhanced priority to the In South Sudan a four-month-long without charge. UN reports on the building of human rights- strike by judges that paralysed the militia-run detention, which largely based criminal justice systems. criminal justice system resulted in house migrants, exposed a systematic 388 Priority should also be given severe congestion in prisons, leading pattern of human rights abuses, and to reducing prison populations to the main prison in the capital, Juba, harsh conditions were also found in through effective reforms holding three times the number of government-run detention centres.389 380 of legislation and judicial people than its official capacity. In Iraq, hundreds of so-called Islamic processes. (SDGs 5, 10 and 16) In Côte d’Ivoire, which has a prison State suspects, including children, occupancy level of over 200 per were held in overcrowded jails without cent,381 100 prisoners escaped from charge and foreign nationals were in a prison.382 The Independent National legal limbo.390 Commission on Human Rights of

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Corruption in prison Corruption394 within prison systems Corruption perpetrated by prison are plans to use metal detectors, has a whole range of negative staff tends to be common where CCTV and telephone jamming consequences, not least on the human they are poorly paid and looking for equipment to prevent contraband rights of prisoners and on effective supplemental income, and it flourishes entering prisons, as well as for staff to prison management. It can prevent where there are inadequate oversight be subject to polygraphs (lie detector prisoners from accessing basic and accountability mechanisms.398 tests).401 In Kazakhstan, the prison services and divert public funds from Poor conditions of detention, service has adopted a multi-pronged their intended purpose, and poses a particularly in overcrowded facilities, strategy to address corruption, which severe security risk to prisoners, prison make it more likely that corrupt prison includes improvements to the system staff and prison management alike. officers can extort payment from for electronic documentation and prisoners for basic services. The UN establishing a telephone ‘hotline’ Corruption in prisons takes many Subcommittee on the Prevention of for people to report corruption in forms. Families may be required to Torture reported on this issue and prisons.402 A similar ‘hotline’ initiative pay bribes to prison staff merely for recognised a correlation between has been set up in the Indian state of their relative to receive basic provisions corruption and torture, stating: Hyderabad, which also offers financial such as food or access to showers. ‘corruption breeds ill-treatment, and rewards for information.403 A recent survey of 64,000 prisoners disregard for human rights contributes by Mexico’s statistics agency found to the prevalence of corruption’.399 that as many as 87 per cent had paid RECOMMENDATION 23 bribes to guards for food, for making In 2017, the UN Office on Drugs and States should prioritise phone calls, or for getting a blanket Crime produced a Handbook on efforts to prevent and combat or mattress.395 Furthermore, a 2017 Anti-Corruption Measures in Prisons corruption in prisons, starting study in Armenia found that bribes which highlighted ‘[t]he inexorable link with recognising the problem, were paid to prison officers by relatives between sound prison management adopting a zero-tolerance of prisoners to ensure extra showers, and the prevention of corruption’.400 policy and undertaking a full time outdoors for recreation, and less It sets out a range of anti-corruption corruption risk assessment. thorough searches. The study found measures which include clearly Prison staff should be carefully that such payments had increased acknowledging the issue, conducting selected and their remuneration significantly over the past few years.396 a corruption risk assessment, and and working conditions should developing a mitigation plan. Measures be adequate. (SDG 16) There are also cases of staff covering should include improving the integrity up violations by their colleagues and of staff (training, codes of conduct, shielding them from investigation and etc.), strengthening accountability prosecution, and reports of prison staff (detection, investigation and sanctions) participating in the trafficking of drugs and building transparency and and mobile phones, embezzlement, oversight (independent monitoring, theft and assisting escapes. For awareness and consultation). instance, in Western Australia, the Corruption and Crime Commission A range of strategies has been found that prison staff were colluding adopted to prevent corrupt practices to smuggle drugs into prisons.397 in prisons at the national level, although it is still rife. In Jamaica, there

Independent monitoring prevention monitoring bodies six members of its future NPM in mandated to conduct regular visits December 2017, after a lengthy of prisons to all types of places where persons process;407 Chile signed a bill to are deprived of liberty. Furthermore, establish an NPM;408 and Panama The independent monitoring of the Nelson Mandela Rules provide approved legislation creating their prisons was given a significant for a twofold system for regular NPM.409 However, progress on setting boost when Sri Lanka and Australia inspections: an internal inspection up an NPM remained stalled in the ratified the UN Optional Protocol by prison administrations, and Philippines410 and in Brazil, where only to the Convention against Torture external inspections conducted by two out of 27 states have established (OPCAT) in December 2017, bringing a body independent of the prison their own local mechanism required the number of ratifications to a total administration.405 by federal law.411 Resources remain of 87 countries by the end of 2017.404 a barrier in detention monitoring This opens up places of detention As of February 2018, 66 countries work; in 2017, the SPT noted that to visits from the UN Subcommittee 406 had designated NPMs and several a fund it uses to strengthen NPMs on Prevention of Torture (SPT) and countries moved towards the full was significantly low, stressing how establishes National Preventive functioning of their NPMs. Argentina critical it was that the fund remain Mechanisms (NPMs) – torture confirmed designation of the last operational and well-resourced.412

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PART FIVE Role and use of technologies

In recent years, criminal justice and and Thailand. In August 2017, to conduct self-paced learning,422 and prison systems around the world have Romania announced that EM was in New Zealand, all prisons now have expanded their use of different kinds of being looked at to resolve prison secure computer suites that allow technology to enhance community and overcrowding.415 Latvia adopted EM access to online learning tools for prison-based surveillance of alleged for prisoners on parole in 2015 and is education, life skills, employment and and convicted offenders. Technology planning to use EM as an alternative reintegration-focused training.423 In is also used increasingly for different sentence to imprisonment.416 Colorado, people who were convicted aspects of prison management, when they were children and who There are concerns that EM use is such as facilitating access to online have served at least 20 years of their being expanded, despite a lack of education and contact with family sentence are being prepared for sufficient evaluation. A study in the US and friends. release using virtual reality, in order found that its use had increased nearly to practise skills they have never Concerns continued to be raised 140 per cent between 2006 and 2016, learned, such as doing the laundry about the growing use of technology, and gave a warning that this has and food shopping.424 including the risk of privacy breaches occurred ‘largely in the absence of and the unreliability of the technology data demonstrating their effectiveness Online access is also being used itself. There are also concerns about for various types of offenders’.417 In the to allow prisoners to take control whether enabling prisoners to have UK, academics concluded that ‘the of different aspects of their lives remote contact with family, friends or evidence base does not match the directly from their cells. Belgium has heath providers via screens – often ambitions for electronic monitoring’.418 invested in a comprehensive digital on the grounds of cost-savings service called ‘Prison Cloud’, which Technology was also increasingly – will replace human contact, a is installed in prison cells and allows used for surveillance inside prisons. crucial aspect of rehabilitation and prisoners to access television, film and South Korea began a six-month trial in reintegration. (See Contact with the education provisions, to call family and three prisons using unmanned drones outside world, page 27). friends, and to book family visits.425 to patrol inside and outside of the The Singapore Prison Service began Prisons in the US, for example, are prisons, in order to monitor prisoners’ a trial for prisoners to share tablets increasingly turning to ‘telemedicine’ movements and to trace fugitives.419 in their cells that are connected to a to provide mental healthcare and Drones have also been used to drop secure internal network, in order to treatment.413 In a context of increasing contraband inside prisons and, in a communicate with family, participate staff shortages, this can make mental world first, the UK is trialling the use of in online courses and read news health support more accessible a device that can detect and deflect and books.426 but has also been criticised by the packages that are dropped,420 practitioners for inhibiting the quality of as well as technology that can block One study 427 found that prisons with care, not least because the technology signals from mobile phones being used such ‘self-service’ technology had itself is not sufficiently reliable.414 in prisons.421 positive results. There was a reduction in prison disciplinary offences, and The use of electronic monitoring (EM) In high-income countries, there reoffending in the first year after continued to increase, not just in has been a rise in access to online release was reduced by 5.36 per cent, Europe and North America but in other education and training for prisoners. compared to a 0.78 per cent reduction countries such as Kenya, Kazakhstan, In Australia, prisoners have been given in comparative prisons. South Africa, the Maldives, El Salvador notebook computers that allow them

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There is concern that remote contact with family or friends via screens will replace human contact

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The prisoner survey and usage data detainees have been detained legally, Although such video links may suggested that prisoners felt more and a reporting function to notify the increase court efficiency, critics have in control of their lives and more NGO of violations or concerns.429 urged caution and studies have found confident in coping with technology In China, a court in Shanghai has that communication with courts or in the outside world. Combating developed an online platform allowing lawyers via video links can reduce prisoners’ digital exclusion is judges to review information sent understanding and participation, which important, but concerns expressed directly from prisons when dealing with is worsened by inadequate audio and included the fact that placing parole or commuting of sentences, visual quality.432 computers in cells can transform the thereby reducing the need to visit jails dynamic of prisons, leading to more in person.430 RECOMMENDATION 24 isolation and fewer opportunities to Although it is common practice for States should leverage build constructive relationships with child and vulnerable witnesses to give technology to improve prison staff.428 evidence in court over video link in prisoners’ opportunities for The criminal justice process has also certain countries, the use of video links education, skill‑building and been affected by the introduction has expanded to include defendants communication, and to promote of new technologies. In Malawi, an ‘attending’ court from police stations the efficiency of criminal NGO introduced an application for and prisons, and for confidential justice systems. However, such smartphones and tablets called ‘Open consultations with lawyers. A women’s initiatives should not reduce or Trial’ that has information about fair trial prison in Chiang Mai in Thailand, for replace face-to-face interaction and detention rights, a checklist that example, uses video-conferencing for for prisoners. (SDGs 4, 10 and 16) people can use to determine whether court appearances which, it claims, their friends, family members or has saved time and resources.431

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PART SIX Alternatives to imprisonment

Overall, the use of non-custodial non-custodial options. For example, General Assembly Special Session measures and sanctions has in Cambodia – where 25,000 prisoners on the world drug problem. (See Drugs expanded in recent years, particularly are in facilities designed to hold and imprisonment, page 14). for low-level offending. This expansion 8,500, and there were almost 18,000 In Rwanda, community service was has been driven by the recognition arrests of suspected drug traffickers previously only available to people of the importance of alternatives to and drug users in 2017 433 – the convicted for crimes relating to prison in reducing overcrowding and Justice Ministry announced a pilot the genocide; however, in 2017 their effectiveness in rehabilitating programme of community service.434 the Government extended its use offenders, particularly those who are This is an example of a trend to move for offenders convicted of petty convicted of non-violent and low-level towards alternative sanctions for offences.435 In Morocco, where the drug-related offences. drug-related offending, in line with prison population is growing, a new commitments made at the 2016 UN A number of countries with prison Code of Criminal Procedure under overcrowding sought to decongest consideration will include alternatives prisons by introducing or expanding to prison at both pre-trial and post-conviction stages.436 In Ireland, there was a drop of almost 40 per cent in the numbers of people being sent New approach to with probation officers adopting a to prison in 2017, which was nearly more gender-sensitive approach.440 entirely caused by the introduction probation and community While the project was implemented of non-custodial sanctions for in Kenya, a model was developed so non-payment of court-ordered fines.437 service for women that the approach can be replicated Between 2015–17, Penal Reform in other countries. While there is no reliable data on the International, together with the A set of resources to assist use of community sanctions at a global Kenya Probation and Aftercare stakeholders in adapting their policy level, evidence shows that there is Service, developed a new approach and practice with women serving to probation and community service not necessarily a correlation between community sanctions include: for women, in a project funded by reducing prison population rates and the Thailand Institute of Justice. • A model for reform that lays increasing community sanctions. This This project recognised the negative out 10 key steps to take in order is seen in European countries and the consequences of imprisonment to introduce a gender-sensitive US, where there is a trend towards experienced by women and their approach to community service and ‘mass supervision’ of offenders. families, and the need to improve probation and expand the use of community For instance, in the US there are sanctions. The different needs • Lessons and recommendations based on the study in Kenya on nearly five million people under a of women serving non-custodial criminal justice supervision (parole alternatives have largely been experiences of women offenders overlooked until now. and other stakeholders, and other or probation), a fourfold increase since international research 1980.438 A study explains: ‘Probation Within the project, the specificities In addition, a short documentary and parole populations mushroomed faced by women in serving probation alongside prison and jail populations, and community service were film, a training module for probation assessed through research. Based officers, and guidelines for social signalling that, with some exceptions, on the UN Bangkok Rules on women investigations and pre-sentence community corrections was serving as offenders, tools used by probation reports were produced, to facilitate an add-on, rather than alternative to, officers were adapted and tested, sustainable change to Kenya’s incarceration’.439 treatment of women offenders.441

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A number of countries with prison overcrowding sought to decongest prisons by introducing or expanding non-custodial options

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In Europe, the number of people At the international level, the Third A 2017 survey by the UN Office on under some form of supervision has World Congress on Probation was Drugs and Crime in 31 countries also grown significantly in almost held in Japan in September 2017. It found that victim-offender mediation all jurisdictions in recent years. represented a positive sign of widening was the most commonly used type Research found that of 29 European recognition of the value of probation of restorative justice, and more countries, 17 have more people under and the necessity to cooperate and than half of the countries surveyed supervision than in prison, and that the share experience. Furthermore, a used restorative justice in cases increase has not led to a reduction in UN resolution called for greater use involving children in conflict with the prison populations.442 of alternatives to imprisonment,446 law.449 However, it concluded that acknowledging the links between restorative justice is ‘under-used Furthermore, in some countries, non-custodial sanctions and a or not well-known in many parts of offenders are sent to prison for breach reduction in prison overcrowding, the world’. of the terms of their non-custodial and the contribution they make to sanction, rather than for reoffending.443 The Academy of Criminal Justice building safer communities in support Science has pointed out increasing The importance of non-custodial of efforts towards the Sustainable interest in understanding how sanctions in promoting rehabilitation Development Goals. Notably, member restorative justice processes might be and reform was evidenced in a study states reaffirmed the importance of used to respond to sexual harms and from Australia, which found that proportionate sentences, in which domestic violence. It has also noted there was a reduction of between the severity of penalties for offenders that ‘there continues to be barriers 11 and 31 per cent in the odds of is proportionate to the gravity of to the uptake of restorative justice reoffending for an offender who had the offences, and mitigating and which are related to net-widening been given a non-custodial sanction, aggravating circumstances are taken effects, concerns about due process, compared to an offender who received into account.447 lack of clarity about the identity of a sentence of up to two years.444 In The use of restorative justice is a restorative justice, lack of appropriate Northern Ireland, a pilot programme growing trend, whether as part of messaging to those interested in which combined community service, sentencing or initiated at other points retribution especially with respect restorative justice and supervision also of criminal justice proceedings. to accountability expectations in had positive results. There was a 40 Restorative justice programmes restorative justice’.450 per cent reduction in the reoffending include mediation, conciliation, rate for those who completed the conferencing and sentencing circles, order, leading to the pilot being RECOMMENDATION 25 and are defined as any process in considered for expansion.445 States should develop and which the victim, offender and other implement alternatives to relevant individuals or community Recently there has been consideration imprisonment, including members affected by a crime of how alternatives could be more restorative justice processes. A participate together actively in the effective and appropriate for women, focus should be on addressing resolution of matters arising from in line with the UN Bangkok Rules. root causes of crime, including the crime, generally with the help of For example, in Kenya a PRI project poverty and inequality, to a facilitator.448 Potential outcomes involved adapting tools used by support efforts to achieving include protection of the victims’ the country’s probation service to the Sustainable Development rights and interests, unburdening the improve investigations into gender- Goals. Non-custodial sanctions criminal justice system, lower rates relevant aspects of women offenders. should replace the use of prison, of recidivism, and better reintegration (See ‘New approach to probation rather than widening the net of offenders. and community service for women’, of criminal justice control. page 36). (SDGs 1, 3, 4, 8, 10 and 16)

38 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 25 KEY RECOMMENDATIONS

25 Key recommendations

States should introduce Sentencing practice States should review a range of law and should be guided their drug policies 01 policy changes to 05 by international law, 08 in order to adopt reduce rates of imprisonment, such including the UN Tokyo and Bangkok evidence-based policies that include as crime prevention measures, Rules, and should be based on decriminalisation of minor offences, the expansion of alternative the principle of proportionality. proportionality of sentencing, measures, and a renewed focus Plea bargaining systems should be and non-custodial alternatives to on rehabilitation in both prisons fully regulated to ensure access to imprisonment. Treatment as an and community settings. justice is preserved and rights of alternative to imprisonment must be suspects are upheld. (SDG 16) voluntary and human-rights compliant. Strategies to address Metrics to measure the outcomes prison overcrowding States should reduce the of drug policies should include their 02 should focus on crime use of life imprisonment, impact on human rights, health and prevention, expanding the use of 06 taking account of the development. (SDGs 3, 5 and 16) alternatives to imprisonment and social principle of proportionality and the interventions that promote sustainable negative impact of such sentences. The UN Bangkok Rules development and reduce poverty and Life sentences without any possibility should guide states in inequality. (SDGs 1, 10 and 16) of parole should be abolished. 09 criminal justice reform Conditions for life-sentenced prisoners to ensure systems meet the needs of States should should adhere to the minimum women. Sentencing of women should respect, protect and standards set out in the Nelson take account of any victimisation, 03 fulfil the full range Mandela Rules. (SDGs 8, 10 and 16) caretaking responsibilities and of human rights and procedural context of the criminal conduct, safeguards guaranteed for people States that retain the giving preference to non-custodial arrested. To prevent torture or ill- death penalty should sanctions. (SDG 1, 5, 10 and 16) treatment of suspects, investigative 07 move towards abolition interviewing that is non-coercive and establish a moratorium as a first Detention of children should be adopted. (SDG 16) step. States that have abolished the should be used as a death penalty should support the 10 very last resort, and the Pre-trial detention should abolition movement politically and death penalty and life imprisonment only be used as a means financially. Conditions for prisoners should be prohibited for children. 04 of last resort, and on death row must meet minimum States should adopt child-friendly decisions to detain should be based standards. (SDGs 3, 10 and 16) justice systems and protect children on the presumption of innocence from violence and ill-treatment. and the principles of necessity and (SDGs 3, 4, 5, 10 and 16) proportionality. Monetary bail policies should be reviewed to ensure they do not discriminate against poor people. (SDGs 1, 10 and 16)

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 39 25 KEY RECOMMENDATIONS

States should assess the States should develop Implementation of the needs of elderly prisoners, criminal justice and Nelson Mandela Rules 11 including for rehabilitation, 17 prison policies with full 21 should be prioritised in reintegration and healthcare, to consideration of their relevance any strategy to prevent radicalisation inform prison regimes. Early release and importance for achieving the and violent extremism in prison. States mechanisms should be adopted for Sustainable Development Goals of the should adopt individual risk and needs elderly prisoners. (SDGs 10 and 16) 2030 Agenda, so that ‘no one is left assessments that are grounded in behind’ and criminal justice systems human rights. Further research should States should take play their part to contribute to a just, be done on women-specific aspects measures to protect equitable, tolerant, open and socially of radicalisation and violent extremism. 12 LGBTI people in inclusive world, in which the needs of (SDGs 5, 10 and 16) detention, in line with the Yogyakarta the most vulnerable are met. Principles. Protection from violence International assistance, and stigmatisation should be ensured, In line with the Nelson including through UN without restricting rights, and adequate Mandela Rules and the 22 peacekeeping missions, healthcare must be provided, including 18 Bangkok Rules, states should give enhanced priority to hormone therapy and gender should prohibit both indefinite and the building of human rights-based reassignment. (SDGs 5, 10 and 16) prolonged solitary confinement, as well criminal justice systems. Priority should as for certain groups, as stipulated in also be given to reducing prison States should collect data international standards. It should only populations through effective reforms on the number of people be used as a last resort in exceptional of legislation and judicial processes. 13 in prison with disabilities, cases, and then should only be applied (SDGs 5, 10 and 16) and review their needs in order to for the shortest time possible and be inform policy and practice, in line with subject to regular, independent review. States should prioritise international standards. This should (SDG 16) efforts to prevent and include training of staff and policies 23 combat corruption in to protect discriminatory treatment States should facilitate prisons, starting with recognising the and abuse, as well as architectural contact between prisoners problem, adopting a zero-tolerance measures. (SDGs 10 and 16) 19 and their family and policy and undertaking a full corruption friends through regular, affordable risk assessment. Prison staff should States should ensure and easy access to mail, telephones be carefully selected and their the safety of prisoners, and other communications, as well as remuneration and working conditions 14 including through dynamic through visits in a clean, respectful and should be adequate. (SDG 16) security and safeguards to uphold the safe environment. absolute prohibition of torture. There States should leverage should be adequate staff-prisoner States should develop technology to improve ratios to guarantee the exercise of and implement 24 prisoners’ opportunities effective control of prison facilities. 20 individualised for education, skill‑building and (SDGs 10 and 16) rehabilitation and reintegration communication, and to promote the programmes that address root efficiency of criminal justice systems. States should protect causes of offending and key However, such initiatives should prison staff from barriers. Any skills and vocational not reduce or replace face-to-face 15 discrimination and training should take account of interaction for prisoners. (SDGs 4, violence, including gender-based the employment market to boost 10 and 16) violence. Remuneration and chances of employment post-release. working conditions should reflect Programmes for women should States should develop the challenging nature of prison not reinforce gender stereotypes. and implement work and encourage recruitment (SDGs 1, 4, 5, 8, 10 and 16) 25 alternatives to of female correctional staff. (See Special Focus section) imprisonment, including restorative (SDGs 5, 8 and 16) justice processes. A focus should be on addressing root causes of crime, Drug prevention and including poverty and inequality, treatment and HIV to support efforts to achieving the 16 prevention, treatment Sustainable Development Goals. and care should be available to Non-custodial sanctions should people in prison at the same level replace the use of prison, rather than as that provided in the community. widening the net of criminal justice Efforts to recruit sufficient healthcare control. (SDGs 1, 3, 4, 8, 10 and 16) staff in prisons should be doubled. (SDGs 3 and 10)

40 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ENDNOTES

Endnotes

All website links cited were accurate at the 17 David Roodman, The impacts of 27 ‘Czech prisons filled up to overcapacity time of going to press in April 2018. incarceration on crime, Open Philanthropy after respite’, Radio Praha, 2 January Project, September 2017. 2018, www.radio.cz/en/section/ 18 Institute for Criminal Policy Research, World curraffrs/czech-prisons-filled-up-to- Prison Brief Database, www.prisonstudies. overcapacity-after-respite. PART 1 org/highest-to-lowest/prison-population- 28 ‘Burundi frees prisoners, but rights Crime and imprisonment total?field_region_taxonomy_tid=All. group cautious’, News 24, 23 January 19 Heather McGill, ‘Prisoner transportation 2017, www.news24.com/Africa/News/ 1 International Centre for the Prevention of in Russia: travelling into the unknown’, burundi-frees-prisoners-but-rights-groups- Crime, Trends in Crime and its Prevention, PRI Blog, 28 November 2017, cautious-20170123. 2016, Chapter 1. www.penalreform.org/blog/prisoner- 29 ‘Turkey’s justice ministry admits the severity 2 For example, see Europol, 2017 Internet transportation-in-russia-travelling-into-the- of prison overcrowding’, Birgun.net, 20 May Organised Crime Threat Assessment unknown/. 2017, www.birgun.net/haber-detay/turkey- (IOCTA), 2017, www.europol.europa.eu/ 20 ‘Mexico’s prison population has dropped, s-justice-ministry-admits-the-severity-of- iocta/2017/index.html. but it’s a sign of a deeper criminal justice prison-overcrowding-160483.html. 3 UN Commission on Crime Prevention and problem’, Business Insider, 22 December 30 ‘Turkey boosting prison capacity to be able Criminal Justice, Twenty-seventh session, 2017, uk.businessinsider.com/r-mexico- to jail 345,000 people in 5 years’, Turkey 14–18 May 2018, Note by the Secretariat on prison-population-drops-as-police- Purge, 11 December 2017, turkeypurge.com/ world crime trends and emerging issues and prosecutors-bungle-cases-2017-12. turkey-boosting-prison-capacity-able-jail- responses in the field of crime prevention 21 Report of the United Nations High 345000-people-5-years. and criminal justice, 2018, E/CN.15/2018/10. Commissioner for Human Rights, 31 ‘New prison planned to help ease the 4 Ibid. Non-discrimination and the protection of shortfall of prison places in Slovakia’, persons with increased vulnerability in the The Slovak Spectator, 11 January 2018, 5 Ibid. administration of justice, in particular in spectator.sme.sk/c/20735840/new-prison- 6 Roy Walmsley, Institute for Criminal Policy situations of deprivation of liberties and planned-to-help-ease-the-shortfall-of-prison- Research, World Prison Population, 11th with regard to the causes and effects places-in-slovakia.html. edition, 2016. of overincarceration and overcrowding, 32 ‘Nigerian govt to construct 6 ultra-modern 7 Roy Walmsley, Institute for Criminal Policy 21 August 2017, A/HRC/36/28. prisons nationwide’, PM News Nigeria, Research, World Female Imprisonment List, 22 For example, see United Nations High 16 February 2018, www.pmnewsnigeria. 4th edition, 2017. Commissioner for Human Rights, Human com/2018/02/16/nigerian-govt-construct-6- 8 Roy Walmsley, Institute for Criminal Policy rights implications of overincarceration and ultra-modern-prisons-nationwide/. Research, World Prison Population, overcrowding, 2015, A/HRC/30/19, para. 50. 33 Joëlle Bergeron, European Parliament 11th edition, 2016. 23 Seena Fazel et al, ‘Suicide in prisons: Committee on Civil Liberties, Justice and 9 Ibid. an international study of prevalence and Home Affairs, Report on prison systems and 10 Ibid. contributory factors’, The Lancet Psychiatry, conditions, 6 July 2017 (2015/2062(INI)), Volume 4, Issue 12, 2017, pp946–952. A8-0251/2017. 11 Frieder Dünkel, ‘The Rise and Fall of Prison Population Rates in Europe’, 24 UN General Assembly, United Nations 34 European Court of Human Rights, Mocanu Criminology in Europe, 2016, Standard Minimum Rules for Non-Custodial and Others v. Romania, application nos. www.esc-eurocrim.org/images/esc/ Measures (The Tokyo Rules), 2 April 1991. 10865/09, 45886/07 and 32431/08, newsletters/ESC_15_2_2016.pdf. 25 ‘Macedonia backs amnesty to deal with 17 September 2014. 12 ‘How do European Court judgments overcrowded prisons’, Business Insider UK, influence detention conditions in 15 January 2018, uk.businessinsider.com/ Russia?’, EIN Voices, 12 December 2017, ap-macedonia-backs-amnesty-to-deal- www.einnetwork.org/ein-voices/2017/12/12/ with-overcrowded-prisons-2018-1; Human how-do-european-court-judgments- Rights Watch, World Report 2018, January influence-detention-conditions-in-russia. 2018, p236 (Gambia); ‘Kuwait moves to address prison overcrowding’, Gulf News, 13 Frieder Dünkel, ‘The Rise and Fall of 23 January 2018, gulfnews.com/news/gulf/ Prison Population Rates in Europe’, kuwait/kuwait-moves-to-address-prison- Criminology in Europe, 2016, overcrowding-1.2161700. www.esc-eurocrim.org/images/esc/ newsletters/ESC_15_2_2016.pdf. 26 ‘President directs release of petty offenders’, Daily Nation, 15 February 14 ‘Dutch get creative to solve a prison 2017, www.nation.co.ke/news/president- problem: Too many empty cells’, The New directs-release-of-petty-offenders/1056- York Times, 9 February 2017, www.nytimes. 3814626-54f6g6z/; ‘Nigeria: National com/2017/02/09/world/europe/netherlands- Stakeholders’ Committee and Task of Prison prisons-shortage.html. Decongestion’, All Africa, 23 January 2018, 15 Roy Walmsley, Institute for Criminal Policy allafrica.com/stories/201801230654.html. Research, World Female Imprisonment List, 4th edition, 2017. 16 Ibid.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 41 ENDNOTES

PART 2 51 Amnesty International, Justice Under Trial: 69 Fair Trials, The Disappearing Trial: Towards A Study Of Pre-Trial Detention In India, a rights-based approach to trial waiver Trends in the use of imprisonment July 2017, pp12, 15. systems, 2017. 35 UN International Covenant on Civil and 52 American Civil Liberties Union, As Much 70 Dirk van Zyl Smit and Catherine Appleton, Political Rights. Justice As You Can Afford – Hawaii’s Life Imprisonment: A Global Human Accused Face an Unequal Bail System, Rights Analysis, Cambridge, MA: Harvard 36 Amnesty International, Justice Under Trial: January 2018. Also see Human Rights University Press (forthcoming 2018). The A Study Of Pre-Trial Detention In India, Watch, Not in it for Justice: How California’s authors estimate that in 2014 there were July 2017, p15. Pretrial Detention and Bail System Unfairly approximately 479,000 life-sentenced 37 ‘ASILEGAL presenta informe sobre Punishes Poor People, 2017. prisoners. indígenas privados de libertad en Chiapas 53 ‘Bail reform wins final passage in 71 Ibid. y Oaxaca’, ASILEGAL, 7 November 2017, Senate’, The CT Mirror, 7 June 2017, 72 Ashley Nellis, Still Life: America’s Increasing asilegal.org.mx/index.php/es/noticias/658- ctmirror.org/2017/06/07/bail-reform-wins- indigenassinjusticia-asilegal-presenta- Use of Life and Long-Term Sentences, The final-passage-in-senate/; ‘50 Alabama Sentencing Project, 2017, p20. informe-sobre-indigenas-privados-de- cities reform bail practices for poor’, libertad-en-chiapas-y-oaxaca. Criminal Legal News, 19 January 2018, 73 Ben Crewe, Susie Hulley and Serena Wright, 38 Human Rights Watch, World Report 2018, www.criminallegalnews.org/news/2018/ ‘The Gendered Pains of Life Imprisonment’, January 2018, p89. jan/19/50-alabama-cities-reform-bail- British Journal of Criminology, Volume 57, practices-poor/; ‘New York City to end cash Issue 6, 1 November 2017, pp1359–1378, 39 Keiji Sosh ˉohˉo (C. Crim. Pro.) Law No. 131 1376. of 1948, revised in 2017, Art. 301–2, Art. 1 bail for non-felony cases in win for reform of Additional Clause. advocates’, The Guardian, 10 January 2018, 74 Child Rights International Network, Inhuman www.theguardian.com/us-news/2018/jan/10/ Sentencing: Life imprisonment of children 40 Judicial Department, Legal Aid Commission, new-york-city-to-end-cash-bail-for-non- around the world, March 2015, p7. Human Rights and Anti-Discrimination felony-cases-in-win-for-reform-advocates. Commission and Director of Public 75 Human Rights Council, Human rights in the Prosecutions, ‘Pilot of the first hour 54 ‘Thailand weighs program to administration of justice, including juvenile procedure and video recorded interviews’, ease bail process for the poor’, justice, 16 September 2015, A/HRC/30/L.16, Joint press release, 2 May 2017, Benar News, 8 December 2017, para. 24. odpp.com.fj/wp-content/uploads/2017/05/ www.benarnews.org/english/news/thai/bail- 76 Josh Rovner, Juvenile Life Without Parole: Joint-Agency-Press-Release-on-Pilot- change-12082017114658.html. An Overview, The Sentencing Project, 13 Project_-May-2017.pdf. 55 ‘Liberia: Special judiciary task force October 2017. 41 ‘Committee against Torture reviews report of to review cases of pre-trial detainees’, 77 For example, see ‘Few Florida Juvenile Paraguay’, Office of the High Commissioner AllAfrica, 16 October 2017, allafrica.com/ Lifers Resentenced Despite US Mandate’, for Human Rights, 27 July 2017, stories/201710170326.html. US News, 31 July 2017, www.usnews.com/ www.ohchr.org/EN/NewsEvents/Pages/ 56 Human Rights Watch, World Report 2018, news/best-states/florida/articles/2017-07-31/ DisplayNews.aspx?NewsID=21920&LangID=E. January 2018, p79. few-florida-juvenile-lifers-resentenced- 42 ‘Torture during interrogations not just wrong 57 ‘Colombia shortens court procedure despite-us-mandate. but also counterproductive – UN rights chief’, to speed up collapsing justice system’, 78 The Campaign for the Fair Sentencing of UN News, 22 September 2017, www.un.org/ Colombia Reports, 10 July 2017, Youth, States that ban life without parole apps/news/story.asp?NewsID=57672#. colombiareports.com/colombia-reduces- for children, www.fairsentencingofyouth. WnHZgWdLHIV; ‘Set universal standards criminal-proceedings-speed-collapsing- org/media-resources/states-that-ban-life/; for interviewing detainees without coercion, justice-system/. Human Rights Watch, World Report 2018, UN anti-torture expert urges States’, Office 58 ‘Aya Hegazy case spotlights Egypt’s pretrial January 2018, pp591–609 (USA). of the High Commissioner for Human detention law’, Al-Monitor, 21 April 2017. 79 ‘Justice at Last for the Youngest Inmates?’ Rights, 18 October 2016, www.ohchr.org/ 59 ‘Study: Courts handing down fewer jail New York Times, 20 November 2017, EN/NewsEvents/Pages/DisplayNews. www.nytimes.com/2017/11/20/opinion/life- aspx?NewsID=20722&LangID=E. terms’, Uutiset, 8 January 2018, yle.fi/uutiset/ osasto/news/study_courts_handing_down_ sentence-youth-parole.html. 43 For example, see ‘Torture is never fewer_jail_terms/10011464. 80 For example, see European Committee for the solution – a protocol for humane 60 ‘Chris Marshall: This is how long convicted the Prevention of Torture and Inhuman or interrogations’, Association for the Degrading Treatment or Punishment, 25th Prevention of Torture, 27 January 2017, murderers spend in prison’, The Scotsman, 8 November 2017, www.scotsman.com/ General Report of the CPT, April 2016, CPT/ www.apt.ch/en/news_on_prevention/torture- Inf (2016) 10, para. 71. is-never-the-solution-a-protocol-for-humane- news/politics/chris-marshall-this-is-how- 81 ‘Prison conditions of inmates sentences interrogations/. long-convicted-murderers-spend-in- prison-1-4607421. to life’, AKIPress, 19 December 2017, 44 Convention against Torture Initiative, akipress.com/news:600075/. Investigative Interviewing for Criminal Cases: 61 Jacqueline Beard, Review of unduly lenient 82 Ashley Nellis, Still Life: America’s Increasing Training Tool, 2017. sentences, House of Commons Briefing Paper Number 00512, 29 November 2017. Use of Life and Long-Term Sentences, 45 ‘Torture during interrogations not just wrong The Sentencing Project, 2017, p6. but also counterproductive – UN rights chief’, 62 ‘Vast majority of sentences still have 83 Francis Karioko Muruatetu & Wilson Thirimbu UN News, 22 September 2017, www.un.org/ no sentencing guidelines’, Irish Times, Mwangi v Republic [Writ Petition No.15 apps/news/story.asp?NewsID=57672#. 10 January 2018, www.irishtimes.com/ of 2015]. WnHZgWdLHIV. news/crime-and-law/vast-majority- of-offences-still-have-no-sentencing- 84 ‘Long sentences unconstitutional – 46 College of Policing Authorised Professional guidelines-1.3350342. Supreme Court’, New Era, 7 February 2018, Practice, Investigative interviewing – PEACE www.newera.com.na/2018/02/07/long- Framework, www.app.college.police.uk/ 63 ‘NZ: three strikes law “silly”’, New sentences-unconstitutional-supreme-court/. app-content/investigations/investigative- Zealand Herald, 1 November 2017, interviewing/#peace-framework. www.nzherald.co.nz/nz/news/article.cfm?c_ 85 European Court of Human Rights, Matiošaitis id=1&objectid=11939273. and Others v. Lithuania, Application nos. 47 Asbjørn Rachlew, ‘From interrogating 22662/13, 51059/13, 58823/13 et al, to interviewing suspects of terror: 64 ‘New bill proposes open jail’, My Republica, 23 May 2017. Towards a new mindset’, PRI Blog, 14 19 January 2017, www.myrepublica.com/ March 2017, www.penalreform.org/blog/ news/13331/. 86 All figures from: Amnesty International, interrogating-interviewing-suspects-terror- 65 US Sentencing Commission, Federal Death sentences and executions in 2016, towards-new-mindset. Alternative-to-Incarceration Court Programs, April 2017. 48 UN Commission on Crime Prevention and September 2017. 87 Ibid. Criminal Justice, Twenty-seventh session, 66 Fair Trials, The Disappearing Trial: Towards 88 Amnesty International, Abolitionist and 14–18 May 2018, Note by the Secretariat on a rights-based approach to trial waiver retentionist countries (as of March 2018), world crime trends and emerging issues and systems, 2017, www.fairtrials.org/wp- 5 March 2018. responses in the field of crime prevention content/uploads/2017/12/Report-The- 89 Amnesty International, Mongolia: death and criminal justice, 2018, E/CN.15/2018/10. Disappearing-Trial.pdf. penalty confined to history as new Criminal 49 Indicator 16.3.2 of the Sustainable 67 Figures cited in: Fair Trials, The Disappearing Code comes into effect, 1 July 2017; Development Goals. Trial: Towards a rights-based approach to ‘Guatemala abolishes the death penalty 50 ‘Poor legal representation and prison trial waiver systems, 2017. for ordinary crimes’, World Coalition decongestion’, The Guardian, 13 February 68 ‘149 jails in India overcrowded by over against the Death Penalty, 31 October 2018, guardian.ng/features/poor-legal- 200%: Govt’, Hindustan Times, 8 August 2017, www.worldcoalition.org/Guatemala_ representation-and-prison-decongestion/. 2017, www.hindustantimes.com/india- abolishes_the_death_penalty_for_ordinary_ news/149-jails-in-india-overcrowded- crimes.html. by-over-200-government/story- 3MV1QjULTHwuLZuP4sfRpL.html.

42 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ENDNOTES

90 ‘Gambia announces moratorium on death 106 For example, see The Global Commission on 119 For example, in Argentina, see David penalty’, Reuters, 18 February 2018, Drug Policy, www.globalcommissionondrugs. Gagne, ‘Argentina to Expand Drug www.reuters.com/article/us-gambia-justice/ org/about-usmission-and-history/; Treatment Program for Minor Crimes gambia-announces-moratorium-on-death- ‘Tackling the world drug problem: Nationwide’, Insight Crime, 29 May 2017, penalty-idUSKCN1G20V2. UN experts urge States to adopt human www.insightcrime.org/news/brief/argentina- 91 Gen Sander, Harm Reduction International, rights approach’, United Nations Office expands-drug-treatment-program-minor- The Death Penalty for Drug Offences: Global of the High Commissioner for Human crimes-nationwide/. Overview 2017, March 2018, pp6–7. Rights, 18 April 2016, www.ohchr.org/ 120 U.S. Department of Justice, Office of EN/NewsEvents/Pages/DisplayNews. Justice Programs, Drug Courts, May 2017, 92 ‘Kenyan Supreme Court declares Mandatory aspx?NewsID=19833&LangID=E. Death Penalty Unconstitutional’, Death www.ncjrs.gov/pdffiles1/nij/238527.pdf. Penalty Project, 14 December 2017, 107 Javier Sagredo, ‘UNGASS on Drugs: on 121 Inter-American Commission on Human www.deathpenaltyproject.org/news/2903/ expectations, coherence and sustainable Rights, Measures to Reduce Pretrial kenyan-supreme-court-declares-mandatory- development’, PRI Blog, 4 May 2016, Detention, OEA/Ser.L/V/II.163 Doc. 105, death-penalty-unconstitutional/. www.penalreform.org/blog/ungass-drugs- 3 July 2017, p95. expectations-coherence-sustainable- 93 ‘Thailand moves towards abolishing death development/. 122 For example, see ‘Joint Open Letter by the penalty’, The Straits Times, 18 October 2017, UN Working Group on Arbitrary Detention; www.straitstimes.com/asia/se-asia/thailand- 108 ‘UN Human Rights Council reaffirms the Special Rapporteurs on extrajudicial, moves-toward-abolishing-death-penalty. role of human rights in international drug summary or arbitrary executions; torture and policy debate’, PRI News, 28 March 2018, 94 ‘Iran’s easing of drug laws could other cruel, inhuman or degrading treatment www.penalreform.org/news/un-human- or punishment; the right of everyone to the halt execution of 5,000 prisoners’, rights-council-reaffirms-role-of-human. The Guardian, 10 January 2018, highest attainable standard of mental and www.theguardian.com/world/2018/jan/10/ 109 Dave R. Bewley-Taylor and Marie Nougier, physical health; and the Committee on the iran-ease-drug-laws-could-halt-execution- ‘Measuring the “world drug problem”: ARQ Rights of the Child, on the occasion of the 5000-prisoners-death-row. Revision. Beyond traditional indicators?’, United Nations General Assembly Special Global Drug Policy Observatory Working Session on Drugs, New York’, 15 April 95 Gen Sander, Harm Reduction International, Paper No. 3, January 2018, p6. 2016, Office of the High Commissioner The Death Penalty for Drug Offences: Global for Human Rights, www.ohchr.org/ Overview 2017, March 2018, p7. 110 UN Commission on Crime Prevention and Criminal Justice, World crime trends and EN/NewsEvents/Pages/DisplayNews. 96 ‘Cabinet agrees to scrap mandatory death emerging issues and responses in the field aspx?NewsID=19828&LangID=E. penalty for drug traffickers’, Malaysiakini, of crime prevention and criminal justice, 123 ‘Philippines: Duterte’s “Drug War” 7 August 2017, www.malaysiakini.com/ 2013, E/CN.15/2013/9, www.unodc. org/ Claims 12,000+ Lives’, Human Rights news/391151#LcpDUFDvB0IUSXUI.99. documents/data-and-analysis/statistics/ Watch, 18 January 2018, www.hrw.org/ 97 ‘Indonesian death penalty laws to be crime/World_Crime_Trends_2013.pdf. news/2018/01/18/philippines-dutertes-drug- softened to allow reformed prisoners to 111 Outcome Document of the 2016 United war-claims-12000-lives. avoid execution’, ABC News, 11 January Nations General Assembly Special Session 124 ‘Preliminary examination: The Philippines’, 2018, www.abc.net.au/news/2018-01- on the World Drug Problem, 19–21 April International Criminal Court, www.icc-cpi.int/ 11/indonesia-to-soften-death-penalty- 2016, Our Joint Commitment to Effectively philippines. stance/9320900. Addressing and Countering the World 125 ‘Duterte to withdraw Philippines from 98 Death Penalty Information Centre, The Death Drug Problem, 4 May 2016, A/RES/S-30/1, ICC after “outrageous attacks”’, Reuters, Penalty in 2017: Year-end report, 2017. para. 4j, www.unodc.org/postungass2016. 14 March 2018, www.reuters.com/article/us- 99 Robin M Maher, ‘Moore v. Texas: US 112 France: ‘France to soften cannabis laws – philippines-duterte-icc/duterte-to-withdraw- Supreme Court enforces constitutional but not legalise’, Yahoo! News, 23 January philippines-from-icc-for-violations-of-due- prohibition against executing intellectually 2018, uk.news.yahoo.com/france-soften- process-idUSKCN1GQ0MA. disabled defendants’, PRI Blog, 6 April 2017, cannabis-laws-not-legalise-155418579. 126 ‘Opioid Crisis Fast Facts’, CNN, 19 February www.penalreform.org/blog/moore-v-texas- html; Georgia: Human Rights Watch, World 2018, edition.cnn.com/2017/09/18/health/ the-united-states-supreme-court/. Report 2018, January 2018, p242; Norway: opioid-crisis-fast-facts/index.html. 100 ‘Israeli death penalty advocates win ‘Norway votes to decriminalise drugs and offer treatment instead of jail time’, i News, 127 Human Rights Watch, World Report 2018, preliminary vote in parliament’, Reuters, January 2018, p593. 3 January 2018, www.reuters.com/article/ 16 December 2017, inews.co.uk/news/ us-israel-palestinians-deathpenalty/israeli- world/norway-votes-decriminalise-drugs- 128 ‘Jeff Sessions to crack down on death-penalty-advocates-win-preliminary- offer-treatment-instead-jail-time/; Canada: legalized marijuana, ending Obama-era vote-in-parliament-idUSKBN1ES1DT; Joan Bryden, ‘Canada: Liberal MPs urge policy’, The Guardian, 4 January 2018, ‘Philippines moves closer to reinstating dropping criminal penalties for all illicit drug www.theguardian.com/us-news/2018/jan/04/ death penalty’, The New York Times, 1 March use’, International Drug Policy Consortium, jeff-sessions-to-crack-down-on-legalized- 2017, www.nytimes.com/2017/03/01/world/ 19 January 2017, idpc.net/alerts/2018/01/ marijuana-ending-obama-era-policy. asia/philippines-death-penalty.html. liberal-mps-urge-dropping-criminal- 129 Inter-American Commission on Human 101 ‘Erdog˘ an vows to reinstate death penalty penalties-for-all-illicit-drug-use; USA: ‘State Rights, Measures to Reduce Pretrial as referendum opponents face “attacks Marijuana Laws in 2018 Map’, Governing, Detention, OEA/Ser.L/V/II.163 Doc. 105, and imprisonment”’, The Independent, 8 January 2018, www.governing.com/ 3 July 2017, para. 90. 19 March 2017, www.independent.co.uk/ gov-data/state-marijuana-laws-map- 130 Inter-American Commission on Human news/world/politics/recep-tayyip-erdo- medical-recreational.html. Rights, Measures to Reduce Pretrial an-death-penalty-turkey-referendum- 113 ‘48pc of prisoners linked to narcotic Detention, OEA/Ser.L/V/II.163 Doc. 105, merkel-nazi-vote-a7638151.html; drugs’, Eleven, 28 February 2018, 3 July 2017, para. 200. ‘Maldives to restore death penalty after www.elevenmyanmar.com/local/13506. 131 Human Rights Watch, World Report 2018, 60 years: Official’, Hindustan Times, 114 ‘What next for Myanmar’s new drug January 2018, p630. 22 August 2017, www.hindustantimes.com/ strategy?’, IDPC, 27 February 2018, idpc. world-news/maldives-to-restore-death- 132 United Nations Office on Drugs and net/alerts/2018/02/what-next-for-myanmar- Crime, World Drug Report 2017: Executive penalty-after-60-years-official/story- s-new-drug-strategy. EC7cLw6T16MoPNUGSGUU7O.html. Summary: Conclusions and Policy 115 Human Rights Watch, World Report 2018, Implications, 2017, p13. 102 Human Rights Watch, Flawed Justice: January 2018, p559. Accountability for ISIS crimes in Iraq, 2017. 133 United Nations Office on Drugs and Crime, 116 Department of Corrections of Thailand, World Drug Report 2017: Market Analysis 103 Human Rights Clinic, The University of Texas Prison population as of 1 March 2018, of Synthetic Drugs (Booklet 4), 2017, p33. School of Law, Designed to Break You: www.correct.go.th/stat102/display/result_ 134 Heino Stöver and Andrej Kastelic, ‘Drug Human Rights Violations on Texas’ Death pdf_drug.php?date=2018-03-01. Row, April 2017, p5. treatment and harm reduction in prisons’, 117 Patcharavalan Akbar and Prin Laomanutsak, in Stefan Enggist, Lars Møller, Gauden Galea 104 Centre on the Death Penalty, Death Penalty ‘A sprint through a year of drug policy and Caroline Udesen (eds), Prisons and India Report: Summary, 2016, p36. developments in Thailand’, International Health, World Health Organization, 2014, 105 United Nations Office on Drugs and Crime, Drug Policy Consortium, 15 January pp113–133. High-level segment, 52nd session of 2018, idpc.net/blog/2018/01/a-sprint- Commission on Narcotic Drugs, Vienna, through-a-year-of-drug-policy- 11–12 March 2009, Political Declaration and developments-in-thailand. Plan of Action on International Cooperation 118 ‘Could seismic changes in Ghana’s narcotics towards an Integrated and Balanced laws herald a shift in Africa’s drug policy?’, Strategy to Counter the World Drug Problem, Institute for Security Studies, 13 October www.unodc.org/unodc/en/commissions/ 2017, issafrica.org/iss-today/ghanas-bold- CND/Political_Declarations/Political- step-away-from-the-war-on-drugs. Declarations_2009-Declaration.html.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 43 ENDNOTES

PART 3 149 Australian Human Rights Law Centre 165 ‘Justice chief targets Juvenile Law so and Change the Record Coalition, 18-year-olds can be charged as adults’, Prison populations Over-represented and overlooked: the crisis The Japan Times, February 2017, of Aboriginal and Torres Strait Islander www.japantimes.co.jp/news/2017/02/10/ 135 Data collected by UNODC shows that women’s growing over-imprisonment, national/crime-legal/justice-minister- young men are overrepresented in offender May 2017, p12. consults-panel-lower-age-criminal- populations, particularly in countries with adulthood/#.WlOIMCOcYdX. high homicide rates. See UN Commission 150 ‘End of mission statement by Dubravka on Crime Prevention and Criminal Justice, Šimonovi ´c, United Nations Special 166 ‘New facility for young offenders’, Twenty-seventh session, 14–18 May 2018, Rapporteur on Violence against women, Phnom Penh Post, 20 September 2016, Note by the Secretariat on world crime its causes and consequences, on her visit www.phnompenhpost.com/national/new- trends and emerging issues and responses to Australia from 13 to 27 February 2017’, facility-young-offenders. in the field of crime prevention and criminal Office of the High Commissioner for Human 167 Trinidad and Tobago Juvenile Court Project, justice, E/CN.15/2018/10, 2018, para. 62. Rights, February 2017, www.ohchr.org/ Children Court System, www.jcp.tt/children- EN/NewsEvents/Pages/DisplayNews. court/system. 136 For example, in 2014 prisoners had a aspx?NewsID=21243&LangID=E. median annual income of USD$19,185 168 ‘Good news from Italy - proposed legislation, prior to imprisonment, 41 per cent less 151 Prison Reform Trust, Counted Out: Black, as described in the July 2017 Chronicle, than non-incarcerated people of similar Asian and minority ethnic women in the is withdrawn by Italian Government’, ages. See ‘Prisons of Poverty: Uncovering criminal justice system, 2017. International Association of Youth and Family the pre-incarceration incomes of the 152 ‘Pregnant Women Will No Longer Await Judges and Magistrates, 14 August 2017, imprisoned’, Prison Policy Initiative, 9 July Trial in Brazilian Jails’, Human Rights www.aimjf.org/storage/www.aimjf.org/Home/ 2015, www.prisonpolicy.org/reports/ Watch, 23 February 2018, www.hrw.org/ Good_news_on_the_Italian_reform_AIMJF_ income.html. news/2018/02/23/pregnant-women-will-no- website_14_08_17.pdf. 137 For example, in the US, African Americans longer-await-trial-brazilian-jails. 169 ‘Child arrests in England and Wales fall by represent 40 per cent of federal and state 153 ‘Pregnant Women and Mothers of Children 64 per cent in six years’, Howard League for prison populations, while Hispanics make of Up to 12 Years of Age to Be Placed on Penal Reform, 7 August 2017, howardleague. up 38 per cent of federal prison populations. House Arrest’, Folha de S.Paulo, 21 February org/news/childarrests2016/. See: Drug Policy Alliance, The Drug War, 2018, www1.folha.uol.com.br/internacional/ 170 United Kingdom Ministry of Justice, An Mass Incarceration and Race, 2016. en/brazil/2018/02/1957522-pregnant- analysis of trends in first time entrants to 138 ‘Denmark plans double punishment for women-and-mothers-of-children-of-up-to- the youth justice system, 2017. ghetto crime’, BBC News, 27 February 12-years-of-age-to-be-placed-on-house- arrest.shtml. 171 HM Inspectorate of Probation for England 2018, www.bbc.co.uk/news/world- and Wales, Annual Report, 2017. europe-43214596. 154 See PRI’s resources on a gender-sensitive 172 Royal Commission into the Protection 139 For example, in Canada, Aboriginal approach to non-custodial sentences, www.penalreform.org/resources/gender- and Detention of Children in the Northern adults in federal correctional services Territory, Report of the Royal Commission accounted for 28 per cent of admissions sensitive-approach-to-non-custodial- sentences/. and Board of Inquiry into the Protection to custody and 26 per cent to community and Detention of Children in the Northern supervision in 2015/2016. See Julie 155 Nischa Pieris, Reducing female incarceration Territory, 17 November 2017. Reitano, ‘Adult correctional statistics in through drug law reform in Costa Rica, 173 ‘Council of Europe anti-torture Committee Canada, 2015/2016’, Statistics Canada, p5, Washington Office on Latin America, 2017. publishes report on “the former Yugoslav www.statcan.gc.ca/pub/85-002-x/2017001/ 156 Washington Office on Latin America, Republic of Macedonia”’, Council of Europe, article/14700-eng.htm. Eliminating barriers to re-entry: Criminal 17 March 2016, www.coe.int/en/web/cpt/ 140 World Prison Brief, Institute for Criminal record reform in Costa Rica, 2017. home/-/asset_publisher/UUNAR96HRvRO/ Policy Research, www.prisonstudies.org/ 157 ‘Female inmates in federal prisons will content/council-of-europe-anti-torture- highest-to-lowest/foreign-prisoners?field_ now have more access to tampons and committee-publishes-report-on-the- region_taxonomy_tid=All. pads’, Refinery29.com, 14 August 2017, former-yugoslav-republic-of-macedoni- 141 Roy Walmsley, Institute for Criminal Policy www.refinery29.com/2017/08/168010/ 2?&desktop=false. Research, World Female Imprisonment List, bureau-prisons-free-tampons-pads-inmates. 174 Office of the Children’s Commissioner, 4th edition, November 2017. 158 Joëlle Bergeron, European Parliament State of Care 2017: A focus on Oranga 142 Ibid., p2. Committee on Civil Liberties, Justice and Tamariki’s secure residences, May 2017, p22, 143 Yenni Kwok, ‘More women are in Hong Home Affairs, Report on prison systems and www.occ.org.nz/assets/State-of-Care.pdf. Kong’s prisons than anywhere else. They conditions, 6 July 2017 (2015/2062(INI)), 175 ‘Annex to the Press Release on the Visit’, should be protected, not criminalised’, A8-0251/2017, p19. Organization of American States, 15 The Guardian, 31 August 2017, 159 ‘Are female prisoners left behind?’, December 2017, www.oas.org/en/iachr/ www.theguardian.com/commentisfree/2017/ Daily Monitor, 19 February 2018, media_center/PReleases/2017/209A.asp. aug/31/more-women-are-in-hong-kongs- www.monitor.co.ug/OpEd/Letters/Are- 176 United Nations Rules for the Protection prisons-than-anywhere-else-they-should-be- female-prisoners-left-behind-/806314- of Juveniles Deprived of their Liberty (the protected-not-criminalised. 4310210-o2pd1a/index.html. Havana Rules). Rules 63–65 state that ‘the 144 For more information see ‘About WOLA’s 160 Daniela Ancira, ‘La Cana, Mexico: providing carrying and use of weapons by personnel Women, Drug Policies, and Incarceration female prisoners with employment and should be prohibited in any facility where Project’, Washington Office on Latin reintegration opportunities’, PRI Blog, juveniles are detained’. America, womenanddrugs.wola.org/about- 4 October 2017, www.penalreform.org/ 177 ‘Hundreds of Zambian children in prison the-project/. blog/la-cana-mexico-how-prison-labour- with adults’, Lusaka Voice, 8 December 145 Inter-American Commission on Human programmes-with/. 2017, www.lusakavoice.com/2017/12/08/ Rights, Measures to Reduce Pretrial 161 ‘Op. Ed by Manfred Novak on the Global hundreds-of-zambian-children-in-prison- Detention, OEA/Ser.L/V/II.163 Doc. 105, Study on Children deprived of Liberty’, with-adults/. 3 July 2017, para. 200. Global Study on Children Deprived of Liberty, 178 ‘Concern in Meru as child offenders 146 UN Human Rights Council, Report of the October 2017, childrendeprivedofliberty.info/ held in court cells with adults’, The Star, United Nations High Commissioner for op-ed-by-manfred-novak/. 11 December 2017, www.the-star.co.ke/ Human Rights, Non-discrimination and 162 ‘Lawmakers scrap lowering age of criminal news/2017/12/11/concern-in-meru-as-child- the protection of persons with increased responsibility’, Philippine Daily Inquirer, offenders-held-in-court-cells-with-adults_ vulnerability in the administration of justice, in 24 May 2017, newsinfo.inquirer.net/898945/ c1682922. particular in situations of deprivation of liberty lawmakers-scrap-lowering-age-of-criminal- 179 Patricia Taflan, Children in Custody 2016–17: and with regard to the causes and effects responsibility#ixzz4iC4mnr7O\. An analysis of 12–18-year-olds’ perceptions of overincarceration and overcrowding, 163 ‘New York raises age of criminal of their experiences in secure training 21 August 2017, A/HRC/36/28, para. 13. responsibility in “lightning rod” centres and young offender institutions, 147 Aleks Kajstura, American Civil Liberties reform’, The Guardian, 10 April 2017, HM Inspectorate of Prisons, 2017. Union and Prison Policy Initiative, Women’s www.theguardian.com/us-news/2017/ 180 The International Covenant on Civil and Mass Incarceration: The Whole Pie 2017, apr/10/new-york-raises-age-of-criminal- Political Rights and the Convention on 19 October 2017, p3. responsibility-teens-adult-prison. the Rights of the Child expressly forbids 148 Prison Reform Trust, “There’s a reason we’re 164 ‘Minimum age of criminal responsibility to capital punishment for offenders who in trouble”: Domestic abuse as a driver to be increased’, Times Online, 17 February were under the age of 18 at the time of the women’s offending, 2017, p7. 2018, www.sundaytimes.lk/article/1039446/ offences of which they were convicted. minimum-age-of-criminal-responsibility-to- The prohibition on the execution of juvenile be-increased. offenders is so widely observed that it has attained the status of a peremptory norm of international law.

44 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ENDNOTES

181 ‘Iran: Shameful execution of man arrested at 195 United Nations General Assembly, Report of 213 European Court of Human Rights, Abele 15’, Amnesty International, 15 August 2017, the Independent Expert on protection against v. Latvia, Applications nos. 60429/12 and www.amnesty.org/en/latest/news/2017/08/ violence and discrimination based on sexual 72760/12, 5 October 2017. iran-shameful-execution-of-man-arrested- orientation and gender identity, 19 July 2017, 214 The Marshall Project, Why at-15/. A/72/172, para. 30. Many Deaf Prisoners Can’t Call 182 ‘Somalia: Halt execution spree of children 196 Ibid. Home, 19 September 2017. in Puntland’, Amnesty International, 197 International Lesbian, Gay, Bisexual, Trans 215 American Civil Liberties Union, Caged In: 28 April 2017, www.amnesty.org/en/latest/ and Intersex Association, State-Sponsored Solitary Confinement’s Devastating Harm news/2017/04/somalia-halt-execution-spree- Homophobia, 15 May 2017. on Prisoners with Physical Disabilities, of-children-in-puntland/. 198 Human Rights Watch, They have long January 2017. 183 ‘Japan hangs two death row inmates, arms and they can find me, 26 May 2017, 216 ‘Settlement Removes Barriers for including man who killed Chiba www.hrw.org/report/2017/05/26/they-have- Disabled State Prison Inmates’, Daily family as a minor’, The Japan Times, long-arms-and-they-can-find-me/anti-gay- Business Review, 11 December 2017, 19 December 2017, www.japantimes.co.jp/ purge-local-authorities-russias. www.law.com/dailybusinessreview/sites/ news/2017/12/19/national/crime-legal/japan- 199 ‘Azerbaijan: Anti-Gay Crackdown’, Human dailybusinessreview/2017/12/11/settlement- hangs-triple-murderer-man-minor-killed- removes-barriers-for-disabled-state-prison-in chiba-family-four. Rights Watch, 3 October 2017, www.hrw.org/ news/2017/10/03/azerbaijan-anti-gay- mates/?slreturn=20180008041137. 184 Child Rights International Network, crackdown. 217 Mental Health Commission of New South Inhuman Sentencing of Children in Kuwait, Wales, Towards a just system: mental illness December 2017. 200 ‘Egyptian state wages unprecedented arrest campaign against LGBTI individuals’, and cognitive impairment in the criminal 185 Child Rights International Network, Death Egyptian Initiative for Personal Rights, justice system, July 2017. Penalty: Submission for the Secretary- 4 October 2017, eipr.org/en/press/2017/10/ 218 Human Rights Watch, “I Needed Help, General’s Report on the Death Penalty, egyptian-state-wages-unprecedented-arrest- Instead I Was Punished”: Abuse and Neglect 30 March 2017. campaign-against-individuals-based-their. of Prisoners with Disabilities in Australia, 186 ‘Grab bars, handrails in some cells 201 United Nations Latin American Institute for February 2018. as number of elderly prisoners rises’, the Prevention of Crime and the Treatment 219 Office of the Inspector General, U.S. The Straits Times, 13 March 2017, of Offenders, Diagnóstico sobre la situación Department of Justice, Review of the www.straitstimes.com/singapore/grab- de las personas LGBTI y otras poblaciones Federal Bureau of Prisons’ Use of Restrictive bars-handrails-in-some-cells-as-number-of- en condición de vulnerabilidad privadas de Housing for Inmates with Mental Illness, elderly-prisoners-rises. libertad en Costa Rica, 2017. July 2017. 187 ‘Australian jails face elderly sex offender 202 Center for American Progress and Movement 220 Amnesty International, Amnesty International crisis’, ABC News, 15 September 2017, Advancement Project, Unjust: How the Report 2017/18, February 2018, p89. www.abc.net.au/news/2017-09-15/ broken juvenile and criminal justice systems 221 ‘South Africa: Law to Stop Detention australian-jails-face-elderly-sex-offender- fail, August 2016, www.lgbtmap.org/file/lgbt- crisis/8945030. of Mentally Ill in Prisons’, AllAfrica, criminal-justice-youth.pdf?ed2f26df2d9c416f February 2017, allafrica.com/ 188 Prisons & Probation Ombudsman, bddddd2330a778c6=snbhhoobhb-sdlxdnyn. stories/201702100249.html. Learning from PPO investigations: Older 203 ‘“Overwhelming” Number of Lesbians, Prisoners, June 2017, www.ppo.gov.uk/ 222 ‘Pregnant Women Will No Longer Await Bisexual Women Incarcerated’, NBC News, Trial in Brazilian Jails’, Human Rights app/uploads/2017/06/6-3460_PPO_Older- 3 March 2017, www.nbcnews.com/feature/ Prisoners_WEB.pdf. Watch, 23 February 2018, www.hrw.org/ nbc-out/overwhelming-number-lesbians- news/2018/02/23/pregnant-women-will-no- 189 ‘Ratio of elderly ex-inmates returning to bisexual-women-incarcerated-n728666. longer-await-trial-brazilian-jails. prison within 2 years rises’, Kyodo News, 204 ‘USA: California: State’s prisons struggling 223 ‘Prisons Failing Mentally Ill, Especially November 2017, english.kyodonews.net/ to overhaul gender-identity policies’, news/2017/11/d73393a09db5-ratio-of- Women: Federal Ombudsman’, The San Francisco Chronicle, 5 August Epoch Times, 1 November 2017, elderly-ex-inmates-returning-to-prison- 2017, www.sfchronicle.com/lgbt/ within-2-years-goes-up.html. www.theepochtimes.com/prisons-failing- article/State-s-prisons-struggling-to- mentally-ill-especially-women-federal- 190 ‘The Obama administration’s plan to deal overhaul-11736669.php. ombudsman_2346726.html. with elderly inmates isn’t working. Can it be 205 ‘Prison system sets up new fixed?’,Washington Post, 5 September 2017, 224 Marayca López and Laura Maiello- accommodations for LGBT inmates’, Reidy, ‘Prisons and the mentally ill: why www.washingtonpost.com/news/wonk/ The Nation, 23 March 2017, wp/2017/09/05/the-obama-administrations- design matters’, PRI Blog, 28 June 2017, www.nationmultimedia.com/news/ www.penalreform.org/blog/prisons-and-the- plan-to-deal-with-elderly-inmates-isnt- national/30309977. working-can-it-be-fixed/. mentally-ill-why-design-matters/. 206 ‘Canada’s prison system overhauls 191 ‘Duterte to grant clemency to 127 sick, transgender inmate policy’, CBC News, elderly prisoners’, Manila Bulletin, 25 January 31 January 2018, www.cbc.ca/news/politics/ 2017, news.mb.com.ph/2017/01/25/duterte- transgender-inmates-csc-policy-1.4512510. to-grant-clemency-to-127-sick-elderly- prisoners/; Human Rights Watch, World 207 ‘In historic 1st, transgender inmate wins Report 2018, January 2018, p35 (Argentina). transfer to women’s prison’, CBC News, 21 July 2017, www.cbc.ca/news/politics/ 192 Prisons Inspectorate Scotland, Who fallon-aubee-transgender-inmate-1.4215594. Cares? The Lived Experience of Older Prisoners in Scotland’s Prisons, July 2017, 208 ‘Prison allows homosexual conjugal visit www.prisonsinspectoratescotland. gov. for first time’, Times of Israel, 25 April 2017, uk/sites/default/files/publication_files/ www.timesofisrael.com/prison-allows- SCT03172875161.pdf; ‘Elderly inmate’s homosexual-conjugal-visit-for-first-time/. death highlights lack of aging strategy in 209 Kseniya Kirichenko, International Lesbian, Canada’s prisons’, CBC, 25 January 2017, Gay, Bisexual, Trans and Intersex www.cbc.ca/news/canada/british-columbia/ Association, United Nations Treaty Bodies: seniors-in-jail-canada-1.3951603; ‘Prison References to sexual orientation, gender Services needs strategy for dealing with identity, gender expression and sex inmates with dementia, ombudsman says’, characteristics, November 2017. British Journal of Family Medicine, August 210 The Yogyakarta Principles plus 10, 2016, www.gmjournal.co.uk/prison-services- Principle 9: Relating to the Right to Treatment needs-strategy-for-dealing-with-inmates- with Humanity while in Detention, November with-dementia-ombudsman-says; Human 2017, yogyakartaprinciples.org/relating-to- Rights Watch, Old Behind Bars: The Aging the-right-to-treatment-with-humanity-while- Prison Population in the United States, 2012. in-detention-principle-9/. 193 ‘Japanese Justice Ministry devises dementia 211 Human Rights Watch, “I Needed Help, test’, Japan Times, 21 January 2018, Instead I Was Punished”: Abuse and Neglect www.japantimes.co.jp/news/2018/01/21/ of Prisoners with Disabilities in Australia, national/social-issues/japanese-justice- February 2018. ministry-devises-dementia-test-elderly- 212 For a succinct overview of issues faced inmates/#.Wng-1macb-Z. by prisoners with physical disabilities, 194 Human Rights Watch, Old Behind Bars: see United Nations Office on Drugs and The Aging Prison Population in the United Crime, Handbook on Prisoners with Special States, 2012. Needs, 2009.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 45 ENDNOTES

PART 4: 237 See Amnesty International, Torture in 2014: 255 Council of Europe, European Committee on Prison management 30 years of broken promises, May 2014. Crime Problems, Council for Penological 238 ‘Ending torture needs fresh commitment Co-operation, 17th meeting of the Working from every UN Member State – UN experts’, Group, Strasbourg 22–24 January 2018, 225 ‘‘‘Screaming in terror’’: teen survivor PC-CP (2018) 2, 2018. relives ordeal of Guatemala children’s OHCHR, 23 June 2017, www.ohchr.org/ shelter fire’, The Guardian, 22 November EN/NewsEvents/Pages/DisplayNews. 256 ‘Prison staff in Scotland are attacked every 2017, www.theguardian.com/global- aspx?NewsID=21794&LangID=E. two days’, The Scotsman, 11 November development/2017/nov/22/screaming- 239 Committee against Torture and Other 2017, www.scotsman.com/news/politics/ terror-teen-survivor-guatemala- Cruel, Inhuman or Degrading Treatment or prison-staff-in-scotland-are-attacked-every- childrens-shelter-fire. Punishment, Concluding observations on the two-days-1-4610518. 226 Human Rights Watch, World Report 2018, fifth periodic report of Sri Lanka, 27 January 257 India: ‘IS Suspect Attacks Prison January 2018, p36. 2017, CAT/C/LKA/CO/5, para. 31. Guard’, Benar News, 4 December 2017, www.benarnews.org/english/news/bengali/ 227 Ibid., p418. 240 Amnesty International, Report 2016/17: The State of the World’s Rights, 2017, pp51, 198, jail-attack-12042017142718.html; Canada: 228 ‘Alabama Has Nation’s Most Violent Prisons, 225, 270, 312, 372. ‘Correctional officers violently assaulted at and They’re Getting Worse’, Equal Justice Oliver jail’, Global News, 14 February 2018, Initiative, 18 September 2017, eji.org/news/ 241 ‘Argentina: over five hundred prisoners globalnews.ca/news/4026784/correctional- alabama-prison-violence-escalating-with- on hunger strike call for justice’, officer-violently-assaulted-at-oliver-jail/; US: eight-homicides-in-2017. Prison Insider, 1 September 2017, ‘‘‘It’s a bloodbath”: staff describe life inside www.prison-insider.com/en/news/argentine- 229 ‘Prison violence ‘‘unacceptable in a civilised America’s most violent prison’, The Guardian, plus-de-cinq-cents-prisonniers-en-greve-de- 21 October 2016, www.theguardian.com/us- country’’’, Radio NZ, 6 December 2017, la-faim-reclament-justice. www.radionz.co.nz/news/national/345526/ news/2016/oct/21/holman-prison-alabama- prison-violence-unacceptable-in-a-civilised- 242 ‘96 Barberton prison “lifers” go on guard-speaks-out. country. hunger strike’, News24, 12 January 258 South Africa: ‘Too Many Prisoners And Not 2018, www.news24.com/SouthAfrica/ 230 See United Nations Office on Drugs and Enough Warders Make A Violent Brew in News/96-barberton-prison-lifers-go-on- South Africa’s Prisons’, Huffington Post, Crime, World Drug Report 2017: Market hunger-strike-20180112; ‘Barberton Prison Analysis of Synthetic Drugs, (Booklet 4), 27 December 2016, www.huffingtonpost. Inmates Hospitalised Due to Hunger Strike, co.za/2016/12/27/too-many-prisoners-and- pp43–44, on violence in prisons associated says Fellow Inmate’, Eyewitness News, with synthetic cannabinoid use. not-enough-warders-make-a-violent-brew- 13 January 2018, ewn.co.za/2018/01/13/ in_a_21642660/. 231 Jacqueline Beard, Prison Safety in England barberton-prison-inmate-hospitalised-due- and Wales, House of Commons Library to-hunger-strike-says-fellow-inmate. 259 ‘Prison officers permanently banned Briefing, 5 December 2017. from striking after Government wins High 243 ‘UN expert concerned at condition of Court bid’, Independent, 19 July 2017, 232 ‘Philippines prison: Two dead in riot over prisoners on hunger strike in Iran’, United www.independent.co.uk/news/uk/home- spilt water’, BBC, 4 November 2017, Nations Human Rights Office of the news/prison-officers-strike-ban-permanent- www.bbc.co.uk/news/world-asia-41870456; High Commissioner, 31 August 2017, industrial-action-home-office-high-court- ‘One Dead, Three Wounded in www.ohchr.org/EN/NewsEvents/Pages/ win-prison-officers-a7848346.html. Nusakambangan Prison Riot’, Jakarta Globe, DisplayNews.aspx?NewsID=22017&LangID=E. 260 ‘Women working in male prisons face 8 November 2017, jakartaglobe.id/news/ 244 ‘Iran: Mass hunger strike by political one-dead-three-wounded-nusakambangan- harassment from inmates and co-workers’, prisoners in protest at inhumane conditions’, The Washington Post, 27 January 2018, prison-riot/; ‘Inmates death sparks riot Amnesty International, 22 August 2017, in Byculla women’s prison’, The Hindu, www.washingtonpost.com/local/social- www.amnesty.org/en/latest/news/2017/08/ issues/women-working-in-male-prisons- 25 June 2017, www.thehindu.com/news/ iran-mass-hunger-strike-by-political- cities/mumbai/inmates-death-sparks-riot- face-harassment-from-inmates-and-co- prisoners-in-protest-at-inhumane- workers/2018/01/27/21552cee-01f1-11e8- in-byculla-womens-prison/article19143262. conditions/. ece; ‘Three killed, four injured in Congo jail 9d31-d72cf78dbeee_story.html. mutiny’, Daily Nation, 30 December 2016, 245 Human Rights Watch, World Report 2018, 261 ‘£55k payout for breastfeeding Northern www.nation.co.ke/news/africa/Three- January 2018, p169. Ireland prison officer driven to brink of killed-four-injured-in-Congo-jail-riot/1066- 246 ‘Russia orders prison inmate on hunger strike suicide by bullying’, Belfast Telegraph, 3501830-dom2k2z/; ‘Riot breaks out at to pay his own medical costs’, The Journal, 9 November 2017, www.belfasttelegraph. Pretoria prison’, Times Live, www.timeslive. 13 February 2017, www.thejournal.ie/russia- co.uk/news/northern-ireland/55k-payout- co.za/news/south-africa/2017-07-02-watch- hunger-strike-3238339-Feb2017/. for-breastfeeding-northern-ireland-prison- riot-breaks-out-at-pretoria-prison/. 247 Human Rights Watch, World Report 2018, officer-driven-to-brink-of-suicide-by- 233 ‘Prison fight leaves nine dead in Mexico’s January 2018, p278. bullying-36302549.html. border city’, Reuters, 11 August 2017, 248 Amnesty International, Report 2017/18: 262 ‘More women urged to join prison service’, www.reuters.com/article/us-mexico-prison/ The State of the World’s Human Rights, The New Times, 26 January 2018, prison-fight-leaves-nine-dead-in-mexicos- 22 February 2018, p209. www.newtimes.co.rw/section/read/228385/. border-city-idUSKBN1AR05D; ‘37 Die in 249 ‘Guantanamo detainee: US changed force- 263 UNAIDS, Update on HIV in prisons and other Clash between Inmates, Police at Venezuelan feeding policy’, Al Jazeera, 15 November closed settings, UNAIDS/PCB (41)/17.23, Prison’, Latin American Herald Tribune, 2017, www.aljazeera.com/news/2017/11/ 23 November 2017. 30 January 2018, www.laht.com/article. guantanamo-detainee-changed-force- asp?ArticleId=2441889&CategoryId=10717; 264 ‘People in prisons and other closed settings’, feeding-policy-171115161210148.html. ‘42 inmates injured in Medellin prison riot’, World Health Organization, www.who.int/hiv/ Colombia Reports, 8 December 2017, 250 Committee against Torture, Concluding topics/prisons/en/. colombiareports.com/42-inmates-injured- observations on the fifth periodic report 265 Presentation by Uganda Prison Service, medellin-prison-riot/; ‘Two inmates seriously of Israel, 3 June 2016, CAT/C/ISR/CO/5, 10 March 2016. injured in La Vega prison riot’, Dominican paras. 26–27. 266 ‘Bangladesh: 63 jails have no Today, 1 August 2017, dominicantoday.com/ 251 World Medical Association Declaration doctors’, The Daily Star, 15 May 2017, dr/local/2017/08/01/two-inmates-seriously- of Tokyo – Guidelines for Physicians www.thedailystar.net/frontpage/63-jails- injured-in-la-vega-prison-riot/; ‘Two killed, Concerning Torture and Other Cruel, have-no-doctors-1405240. several injured in riot at Guatemala prison’, Inhuman or Degrading Treatment or 267 ‘Improve healthcare in prisons within two CTV News, 20 March 2017, www.ctvnews. Punishment in Relation to Detention and years, Health Committee tells Scottish ca/world/two-killed-several-injured-in-riot-at- Imprisonment, adopted by the 29th World Government’, Holyrood, 10 May 2017, guatemala-prison-1.3331901. Medical Assembly, October 1975. www.holyrood.com/articles/news/improve- 234 ‘Rio de Janeiro violence: Hostages freed as 252 World Medical Association Declaration of healthcare-prisons-within-two-years-health- prison riot ends’, BBC News, 19 February Malta on Hunger Strikes, adopted by the committee-tells-scottish-government. 2018, www.bbc.co.uk/news/world-latin- 43rd World Medical Assembly, November 268 ‘Suspected cholera cases in Yemen hit one america-43109006. 1991, Principles nos. 11 and 14. million: ICRC’, Reuters, 21 December 2017, 235 ‘56 killed, many beheaded, in grisly Brazil 253 ‘Hunger strikes in prisons: The ICRC’s www.reuters.com/article/us-yemen-security- prison riot’, Al Jazeera, 3 January 2017, position’, International Committee of the health/suspected-cholera-cases-in-yemen- www.aljazeera.com/news/2017/01/60- Red Cross, 31 January 2013, www.icrc.org/ hit-one-million-icrc-idUSKBN1EF0ZH; killed-beheaded-grisly-brazil-prison- en/document/hunger-strikes-prisons-icrc- see also PRI’s work (in Arabic only): riot-170102185216472.html. position. www.yemen-media.info/news_details. 236 ‘GameChangers 2017: The Long Road to 254 22nd Council of Europe Conference of php?lng=arabic&sid=28831. Prison Reform in Latin America’, Parker Directors of Prison and Probation Services, 269 ‘High alert over cholera outbreak in Asmann, Insight Crime, 10 January 2018, Lillestrøm, Norway, 20–21 June 2017, Staff Kisumu’, Business Daily, 25 July 2017, www.insightcrime.org/news/analysis/ selection, training and development in the www.businessdailyafrica.com/news/ gamechangers-2017-long-road-prison- 21st Century: Conclusions, 2017. counties/Fear-cholera-outbreak-Kodiaga- reform-latin-america/. prison/4003142-4031974-pqcm3p/.

46 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ENDNOTES

270 ‘Prisons in frantic bid to avert typhoid 283 ‘Missouri prisons to go smoke free after 298 For example, see joint report by the outbreak’, Daily News, 20 January 2017, double-murderer wins in court’, The Department of Mental Health and Substance www.dailynews.co.zw/articles/2017/01/20/ Kansas City Star, 22 September 2017, Abuse, World Health Organization, and prisons-in-frantic-bid-to-avert-typhoid- www.kansascity.com/news/politics- the International Association for Suicide outbreak. government/article174915201.html. Prevention, Preventing Suicide in Jails 271 United Nations Economic and Social 284 UK: ‘Spice use rise after HMP Cardiff and Prisons, 2007, p13, acknowledging Council, Commission on Crime Prevention smoking ban’, BBC News, 16 January the ‘disproportionate’ amount of suicides and Criminal Justice, Ensuring access to 2018, www.bbc.co.uk/news/uk-wales- in segregation. measures for the prevention of mother- south-east-wales-42703361; Canada: 299 ‘Suicide attempts have more than doubled to-child transmission of HIV in prisons, ‘Federal prisons ban indoor smoking’, in Texas prisons’, Houston Chronicle, E/CN.15/2017/L.5/Rev.1, 25 May 2017. CBC News, 12 July 2005, www.cbc.ca/ 5 February 2018, www.chron.com/news/ 272 In 2016 there was USD$679,981,251 news/canada/federal-prisons-ban-indoor- houston-texas/article/Attempted-suicides- given in philanthropic support to smoking-1.538713; Australia: ‘Victoria rise-sharply-in-Texas-prisons-12553728.php. address HIV/AIDS, an increase from 2015. urged to rethink smoking ban in prisons 300 ‘South Africa: Probe into Two Solitary See, Funders Concerned about AIDS, after violent riot’, The Guardian, 1 July 2015, Confinement Suicides in Western Cape Philanthropic Support to Address HIV/AIDS www.theguardian.com/australia-news/2015/ Jail’, AllAfrica, 5 April 2017, allafrica.com/ in 2016, December 2017. jul/01/victoria-urged-to-rethink-smoking- stories/201704050011.html. ban-in-prisons-after-violent-riot. 273 ‘Proposed U.S. Cuts to AIDS Funding Could 301 Open Society Justice Initiative and Cause Millions of Deaths: Report’, Foreign 285 ‘Nicotine patches causing bullying and Amnesty International, Inhuman and Policy, 1 December 2017, foreignpolicy. standovers at NZ prison: Ombudsman Unnecessary: Human Rights Violations in com/2017/12/01/proposed-u-s-cuts-to- report’, New Zealand Herald, 2 August 2017, Dutch High-Security Prisons in the Context aids-funding-could-cause-millions-of- www.nzherald.co.nz/nz/news/article.cfm?c_ of Counterterrorism, October 2017. id=1&objectid=11898058. deaths-report-world-aids-day-hiv-global- 302 United Nations Committee against Torture, health-pepfar-state-department-trump- 286 Michelle Baybutt, Catherine Ritter and Hein Concluding observations on the initial report one-campaign/. Stöver, ‘Tobacco use in prison settings: of Lebanon, 30 May 2017, CAT/C/LBN/CO/1, 274 Uganda: Uganda Prison Service, a need for policy implementation’, in para. 22. Sero-behavioural Survey, 2013; Zimbabwe: Stefan Enggist, Lars Møller, Gauden Galea and Caroline Udesen (eds), Prisons and 303 United Nations Committee against Torture, ‘Zimbabwe prisoners deprived of ARVs’, Concluding observations on the combined Bulawayo24 News, 24 September 2017, Health, World Health Organization, 2014, pp138–147, 139. third to fifth periodic reports of the Republic bulawayo24.com/index-id-news-sc-national- of Korea, 30 May 2017, CAT/C/KOR/CO/3-5, byo-118414.html. 287 See Rule 45(2) of the Nelson Mandela Rules, para. 23. which prohibits solitary confinement and 275 Harm Reduction International, The Global 304 Ibid., para. 24; United Nations Committee State of Harm Reduction, 2016, p19. other similar measures for women, children and prisoners with mental or physical against Torture, Concluding observations on 276 ‘Correctional Service Canada expands disabilities (when their conditions would be the initial report of Lebanon, 30 May 2017, take-home naloxone kit program for exacerbated by such measures). Also see CAT/C/LBN/CO/1, para. 23, with reference inmates’, CBC News, 13 July 2017, Rule 67 of the UN Rules for the Protection to: United Nations Standard Minimum Rules www.cbc.ca/news/canada/saskatchewan/ of Juveniles Deprived of their Liberty for the Treatment of Prisoners (the Nelson corrections-take-home-naloxone- (the Havana Rules). Mandela Rules), Rule 44. kits-1.4202556. 288 For example, as outlined in Sharon Shalev, 305 Rule 67 of the UN Rules for the Protection 277 Thérése Lynn, ‘Launch of the evaluation of ‘Solitary Confinement as a Prison Health of Juveniles Deprived of their Liberty the HSE Naloxone Demonstration Project’, Issue’, in Stefan Enggist, Lars Møller, Gauden (the Havana Rules). Drugnet Ireland, Issue 60, Winter 2017, Galea and Caroline Udesen (eds), Prisons 306 ‘Authorities defend running of Perth pp18–19; Moldova: Ina Tcaci, The impact and Health, World Health Organization, 2014, youth prison after allegations of torture’, of adopting evidence-based HIV harm pp27–35. The Guardian, 16 January 2018, reduction programs in prisons, UNODC, www.theguardian.com/australia-news/2018/ Presentation at the 25th International Harm 289 Dr Agnieszka Martynowicz and Dr Linda Moore, ‘Behind the door’: Solitary jan/17/authorities-defend-running-of-perth- Reduction Conference, Montreal, Canada, youth-prison-after-allegations-of-torture. 16 May 2017. confinement in the Irish Penal System, Irish Penal Reform Trust, 2018. 307 AB v The Secretary of State for Justice, 278 Michelle Baybutt, Catherine Ritter and Hein 2017, EWHC 1694 (Admin). Stöver, ‘Tobacco use in prison settings: 290 Ti Lamusse, Solitary Confinement in New a need for policy implementation’, in Zealand Prisons, Economic and Social 308 United Nations Committee against Torture, Stefan Enggist, Lars Møller, Gauden Galea Research Aotearoa, 2018, p4. Concluding observations on the fourth and Caroline Udesen (eds), Prisons and 291 ‘Solitary confinement up 151% in five periodic report of Armenia, 26 January 2017, Health, World Health Organization, 2014, years to 2016 – but prison population up CAT/C/ARM/CO/4, para. 37. pp138–147, 138. only 16%’, 1 News Now, 29 January 2018, 309 ‘Ending Solitary for Juveniles: A Goal 279 For example, see Christina Hartwig, Heino www.tvnz.co.nz/one-news/new-zealand/ Grows Closer’, The Marshall Project, Stöver and Caren Weilandt, Report on solitary-confinement-up-151-in-five-years- 1 August 2017, www.themarshallproject. tobacco smoking in prison, European 2016-but-prison-population-only-16. org/2017/08/01/ending-solitary-for-juveniles- Union Directorate-General for Health 292 Sharon Shalev, Thinking outside the Box? a-goal-grows-closer. and Consumers, Drug policy and harm A review of seclusion and restraint practices 310 ‘Prisons see drop in solitary confinement reduction, SANCO/2006/C4/02, April 2008, in New Zealand, New Zealand Human Rights use as vulnerable groups granted immunity’, p12, www.ohrn.nhs.uk/resource/policy/ Commission, 2017, p26. The Globe and Mail, 7 August 2017, TobaccoSmoking.pdf. 293 American Civil Liberties Union, Caged in: The www.theglobeandmail.com/news/national/ 280 Michelle Baybutt, Catherine Ritter and Hein Devastating Harms of Solitary Confinement prisons-see-drop-in-solitary-confinement- Stöver, ‘Tobacco use in prison settings: on Prisoners with Physical Disabilities, 2017. use-as-vulnerable-groups-granted-immunity/ article35897637/. a need for policy implementation’, in 294 International Federation for Human Stefan Enggist, Lars Møller, Gauden Galea Rights and Center for Prisoners’ Rights, 311 British Columbia Civil Liberties Association v. and Caroline Udesen (eds), Prisons and United Nations Human Rights Committee Canada (Attorney General), 2018 BCSC 62, Health, World Health Organization, 2014, (CCPR) – 121st session Joint submission para. 137. pp138–147, 138. for the adoption of the List of issues, 2017, 312 Ibid., para. 250. 281 For example, see Christina Hartwig, Heino www.fidh.org/IMG/pdf/fidh_-_cpr_-_japan_-_ 313 ‘Prisons see drop in solitary confinement Stöver and Caren Weilandt, Report on joint_submission_for_loi.pdf. use as vulnerable groups granted immunity’, tobacco smoking in prison, European 295 Human Rights Watch, World Report 2018, The Globe and Mail, 7 August 2017, Union Directorate-General for Health January 2018, p63; see also United Nations www.theglobeandmail.com/news/national/ and Consumers, Drug policy and harm Committee against Torture, Concluding prisons-see-drop-in-solitary-confinement- reduction, SANCO/2006/C4/02, April observations on the second and third use-as-vulnerable-groups-granted-immunity/ 2008, www.ohrn.nhs.uk/resource/policy/ periodic reports of Bahrain, 29 May 2017, article35897637/. TobaccoSmoking.pdf. CAT/C/BHR/CO/2-3, para. 20. 314 ‘Canada’s use of lengthy solitary 282 See World Health Organization, Health 296 United Nations Committee against Torture, confinement in jails is unconstitutional in Prisons European Database (HIPED), Concluding observations on the second – judge’, The Guardian, 18 January apps.who.int/gho/data/node.prisons.Smoke_ periodic report of Afghanistan, 12 June 2017, 2018, www.theguardian.com/ free_Cells?lang=en. CAT/C/AFG/CO/2, para. 29. world/2018/jan/18/canadas-use-of- 297 Lauri Love v. The Government of the United lengthy-solitary-confinement-in-jails- States of America [2018] EWHC 172 at [119]. is-unconstitutional-judge.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 47 ENDNOTES

315 ‘Press release: Federal Government appeals 334 For example, see ‘Louisiana’s Jefferson 348 Professor Peter R. Neumann, Countering historic solitary confinement victory’, Parish moves to video-only inmate Violent Extremism and Radicalisation that British Columbia Civil Liberties Association, visitation’, MuckRock, 2 October 2017, Lead to Terrorism: Ideas, Recommendations, 19 February 2018, bccla.org/news/2018/02/ www.muckrock.com/news/archives/2017/ and Good Practices from the OSCE Region, press-release-federal-government-appeals- oct/02/LA-video-call/; ‘Mecklenburg jail visits Organization for Security and Co-operation historic-solitary-confinement-victory/. are now solely by video. Critics say that in Europe, 29 September 2017. 316 British Columbia Civil Liberties Association v. hurts inmates, families’, Charlotte Observer, 349 ‘OSCE/ODIHR meeting explores importance Canada (Attorney General), 2018 BCSC 62, 26 November 2017, www.charlotteobserver. of independent detention monitoring to e.g. at para. 57. com/news/local/article185816728.html. protect human rights while preventing 317 Irish Penal Reform Trust, Census of 335 ‘Here’s What Happened After Trump’s violent extremism and radicalisation’, Penal Restricted Regime Prisoners October FCC Got to Oversee Inmates’ Phone Reform International, 5 December 2017, 2017, www.irishprisons.ie/wp-content/ Service’, Huffington Post, 9 August www.penalreform.org/news/osceodihr- uploads/documents_pdf/October- 2017, www.huffingtonpost.co.uk/entry/ and-pri-meeting-explores-importance-of- 2017-Restriction.pdf. heres-what-happened-after-trumps- independent/. fcc-got-to-oversee-inmate-phone-calls_ 350 Europris, RAN/Europris Staff Training 318 ‘Minister introduces Amendment to Prison us_598b6c83e4b0449ed5079bd4. Rules: “Meaningful Human Contact”’, Irish Collection, www.europris.org/file/ran- Penal Reform Trust, 7 July 2017, www.iprt.ie/ 336 ‘German court rules against training-collection/. contents/3136. overpricing phone calls for prisoners’, 351 For example, see the Vera 2 instrument, Reuters, 10 November 2017, www.reuters. the REM (Risk Assessment Extremism for 319 Irish Prison Service, Elimination of solitary com/article/us-germany-prison/german- confinement: Policy document, 11 July 2017, Managing), and the ERG22+ (Extremism court-rules-against-overpricing-phone-calls- Risk Guidance). See D. Elaine Pressman www.irishprisons.ie/wp-content/uploads/ for-prisoners-idUSKBN1DS19V. documents_pdf/Elimination-of-solitary- and John Flockton, ‘Violent Extremist Risk confinement-Policy.pdf. 337 Thirteenth Congress on Crime Prevention Assessment: Issues and Applications of The and Criminal Justice, Doha Declaration on Vera-2 in High-Security Correctional Setting’, 320 ‘Texas Prisons quietly end use of punitive Integrating Crime Prevention and Criminal in Andrew Silke (ed), Prisons, Terrorism and solitary confinement’, Houston Chronicle, Justice into the Wider United Nations Extremism: Critical Issues in Management, 21 September 2017, www.chron.com/news/ Agenda to Address Social and Economic Radicalisation and Reform, January 2014. houston-texas/article/Texas-prisons-quietly- Challenges and to Promote the Rule of Law end-use-of-punitive-12217981.php. 352 Open Society Justice Initiative and at the National and International Levels, and Amnesty International, Inhuman and 321 ‘Texas prisons stop using solitary Public Participation, Doha, 12–19 April 2015. Unnecessary: Human Rights Violations in confinement as punishment’, 338 ‘“Cow therapy” to reform prison inmates in Dutch High-Security Prisons in the Context Star-Telegram, 22 September 2017, Haryan’, Deccan Herald, 18 January 2018, of Counterterrorism, October 2017. www.star-telegram.com/news/state/ www.deccanherald.com/content/654578/ texas/article174884131.html. 353 ‘France to seal off 1,500 radicalized inmates cow-therapy-reform-prison-inmates.html. in prisons’, The Local France, 23 February 322 Lord Farmer, Importance of strengthening 339 ‘Chinese prison psychodramas help 2018, www.thelocal.fr/20180223/france-to- prisoners’ family ties to prevent reoffending rehabilitate convicts’, Global Times, seal-off-1500-radicalized-inmates-in-prisons. and reduce intergenerational crime, Ministry 3 August 2017, www.globaltimes.cn/ of Justice, 10 August 2017. 354 Ian Acheson, Summary of the main findings content/1059418.shtml. of the review of Islamist extremism in prisons, 323 ‘A rare hug from daddy during special visit 340 Nina Champion, ‘Prison education: university probation and youth justice, Ministry of to prison’, Straits Times, 8 October 2017, partnerships paving the way to successful Justice, London, 2016. www.straitstimes.com/singapore/a-rare-hug- reintegration’, PRI Blog, 9 January 2018, from-daddy-during-special-visit-to-prison. 355 ‘Press release: Dangerous extremists to www.penalreform.org/blog/prison-education- be separated from mainstream prison 324 ‘Zimbabwe: Prisoners Enjoy Rare Quality university-partnerships-paving-the-way-to/. population’, Ministry of Justice, 21 April Family Time’, AllAfrica, 6 October 2017, 341 ‘Raising the Minimum Wage 2017, www.gov.uk/government/news/ allafrica.com/stories/201710060384.html. Can Reduce Recidivism: Study’, dangerous-extremists-to-be-separated- 325 ‘Bars on the Windows, Laughter between The Crime Report, 8 February 2018, from-mainstream-prison-population. the Lines’, New York Times, 15 December thecrimereport.org/2018/02/08/raising-the- 356 ‘Turnbull ministers welcome new NSW 2017, www.nytimes.com/2017/12/15/sports/ minimum-wage-can-reduce-recidivism- prison for radical inmates’, The Guardian, soccer/soccer-prison-italy.html. study/. 11 June 2017, www.theguardian.com/ 326 Departmental Instruction No.002, issued on 342 ‘“Irrelevant” criminal record checks harm australia-news/2017/jun/11/turnbull- 23 January 2018, information provided to ex-offenders’ job hopes’, The Guardian, ministers-welcome-new-nsw-prison- Thailand Institute of Justice, February 2018. 25 November 2017, www.theguardian.com/ for-radical-inmates. 327 ‘Parc Prison to expand school parent uk-news/2017/nov/25/irrelevant-criminal- 357 United Nations Office on Drugs and Crime, evenings to all inmates’, BBC News, record-checks-harm-job-hopes. Handbook on the Management of Violent 9 January 2018, www.bbc.co.uk/news/uk- 343 ‘Job training program for inmates stuck in Extremist Prisoners and the Prevention wales-south-east-wales-42620686. prison watchdog’, CBC News, 27 January of Radicalization to Violence in Prisons, 328 ‘Leeuwarden prison experiments with 2017, www.cbc.ca/news/canada/ 2016, p137. family space for fathers’, Dutch News, nova-scotia/prison-training-workforce- 358 ‘Kyrgyzstan implements UN de-radicalisation 30 October 2017, www.dutchnews.nl/ rehabilitation-inmates-1.3953592. programme for prisoners’, Caravanseri, news/archives/2017/10/leeuwarden-prison- 344 European Committee for the Prevention of October 2017, central.asia-news.com/en_ experiments-with-family-space-for-fathers/. Torture and Inhuman or Degrading Treatment GB/articles/cnmi_ca/features/2017/10/13/ 329 European Court of Human Rights, Polyakova or Punishment (CPT), Factsheet: Women in feature-01. and Others v. Russia, Application nos. prison, CPT/Inf(2018)5, January 2018, p3. 359 ‘Italy offers a glimpse of the international 35090/09, 35845/11, 45694/13 and 345 ‘Roadmap to a new chance: UN concern over violent extremism in prisons’, 59747/14, 7 March 2017. releases new guidance for prison-based LA Times, 24 April 2017, www.latimes.com/ 330 ‘Convicts to receive mobile phone facilities rehabilitation’, United Nations Office on world/europe/la-fg-italy-prisons-extremists- in prison’, Dhaka Tribune, 8 February 2018, Drugs and Crime, 1 December 2017, 2017-story.html. www.dhakatribune.com/bangladesh/2018/02/08/ www.unodc.org/dohadeclaration/en/ 360 American Civil Liberties Union, Abandoned convicts-mobile-phone-prison/. news/2017/12/roadmap-to-a-new-chance- and Abused, 2006. 331 ‘French prison cells to have landline un-releases-new-guidance-for-prison-based- rehabilitation.html. 361 ‘Nepal releases more than 500 prisoners phones in bid to improve rehabilitation’, as quake damages jails’, Hindustan Times, The Telegraph, 2 January 2018, 346 Andrew Silke and Tinka Veldhuis, 29 May 2015, www.hindustantimes.com/ www.telegraph.co.uk/news/2018/01/02/ ‘Countering Violent Extremism in Prisons: world/nepal-releases-more-than-500- french-prison-cells-have-landline-phones- A Review of Key Recent Research and prisoners-as-quake-damages-jails/story- bid-improve-rehabilitation/. Critical Research Gaps’, Perspectives on GmVZwS2A2hdr4VYxPxYGZN.html. Terrorism, Volume 11, Issue 5, 2017. 332 Lauren Mumby and Professor Todd Hogue, 362 ‘8 Guilty for Prison Massacre in Rare Trial of Prison Voice Mail: An Initial Evaluation, 347 United Nations Office on Drugs and Crime, Haiti’s Police’, New York Times, 19 January University of Lincoln, August 2017. Handbook on the Management of Violent 2012, www.nytimes.com/2012/01/20/world/ 333 ‘The end of American prison visits: jails Extremist Prisoners and the Prevention americas/7-haitian-policemen-convicted-in- end face-to-face contact – and families of Radicalization to Violence in Prisons, 2011-les-cayes-prison-killings.html. suffer’, The Guardian, 9 December 2017, 2016. Guidance was also produced by the www.theguardian.com/us-news/2017/ Council of Europe: Council for Penological dec/09/skype-for-jailed-video-calls-prisons- Cooperation, Handbook for Prison and replace-in-person-visits. Probation Services Regarding Radicalisation and Violent Extremism, Council of Europe, 1 December 2016, PC-CP (2016) 2 rev 4.

48 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ENDNOTES

363 The UN Office for Disaster Risk Reduction 379 ‘17 shot dead in Papua New Guinea prison 396 ‘“Rates” in Armenian Prisons Rising, While defines disaster risk reduction as ‘aimed breakout’, The Telegraph, 15 May 2017, Issues Remain Unresolved, Report Says’, at preventing new and reducing existing www.telegraph.co.uk/news/2017/05/15/17- E-press, 30 October 2017, epress.am/ disaster risk and managing residual risk, shot-dead-papua-new-guinea-prison- en/2017/10/30/rates-in-armenian-prisons- all of which contribute to strengthening breakout/. rising-while-issues-remain-unresolved- resilience and therefore to the achievement 380 ‘South Sudan prisons grapple with report-says.html. of sustainable development’, UNISDR, congestion as judges strike’, African Indy, 397 ‘Corruption and Crime Commission terminology: www.unisdr.org/we/inform/ 29 August 2017, www.africanindy.com/ investigation uncovers ease of getting drugs terminology. news/south-sudan-prisons-grapple-with- into WA prisons’, The West Australian, 364 ‘Taiwan’s first solar power prison’, congestion-as-judges-strike-10989970. 9 December 2017, thewest.com.au/news/ Taipei Times, 8 February 2017, 381 World Prison Brief, Institute for Criminal wa/corruption-and-crime-commission- www.taipeitimes.com/News/lang/ Policy Research, Cote d’Ivoire, investigation-uncovers-ease-of-getting- archives/2017/02/08/2003664533. www.prisonstudies.org/country/cote-divoire. drugs-into-wa-prisons-ng-b88684958z. 365 ‘Cape Town faces Day Zero’, The Guardian, 382 ‘Land clashes test Côte d’Ivoire’s 398 Committee against Torture, Seventh annual 3 February 2018, www.theguardian.com/ fragile security’, IRIN, 25 October 2017, report of the Subcommittee on Prevention cities/2018/feb/03/day-zero-cape-town- www.irinnews.org/news/2017/10/25/land- of Torture and Other Cruel, Inhuman or turns-off-taps. clashes-test-cote-d-ivoire-s-fragile-security. Degrading Treatment or Punishment, 366 Emerald Group Publishing Limited, CAT/C/52/2, 20 March 2014, paras. 84, 383 ‘Liberia: “Appalling” Prison Conditions 85 and 91. Reducing and Managing the risk of Disaster Unearthed’, AllAfrica, 27 April 2017, in Philippine Jails and Prisons, Disaster allafrica.com/stories/201704270750.html. 399 Ibid., para. 72. Prevention and Management Policy Brief 400 United Nations Office on Drugs and Crime, Series #1, 2016. 384 ‘Yemen: UAE Backs Abusive Local Forces’, Human Rights Watch, 22 June 2017, Handbook on Anti-Corruption Measures 367 ‘Prison inmate numbers hit all-time high www.hrw.org/news/2017/06/22/yemen-uae- in Prisons, 2017, p26. in New Zealand’, News Hub, 9 February backs-abusive-local-forces. 401 ‘Correctional Officers to be polygraphed’, 2018, www.newshub.co.nz/home/new- 385 Lawyers and Doctors for Human Rights, Jamaica Gleaner, 28 February 2017, zealand/2018/02/prison-inmate-numbers-hit- jamaica-gleaner.com/article/news/20170228/ all-time-high-in-new-zealand.html. Voices from the Dark: Torture and Sexual Violence Against Women in Assad’s correctional-officers-recruits-be- 368 United Nations Office for Project Services, Detention Centres, July 2017. polygraphed-prison-corruption-clampdown. Technical Guidance for Prison Planning, 402 See PRI’s resources on addressing 2016, p35. 386 Amnesty International, Human Slaughterhouse: Mass Hangings and corruption in prisons and the police in 369 ‘California inmates help battle raging Extermination at Saydnaya Prison, Syria, Kazakhstan, 2018, www.penalreform.org/ wildfires’,CNN , 18 October 2017, 7 February 2017. resource/briefing-papers-addressing- cnn.com/2017/10/13/us/california-fires- corruption-in-prisons-and-the. inmate-firefighters/index.html. 387 Human Rights Watch, World Report 2018, January 2018, p343–352. 403 ‘Telangana prisons dept to reward Rs 10,000 370 ‘When Disaster Strikes, Inmates Can Move for info on corruption in jails’, Telangana to the Front Lines of Community Response, 388 United Nations Support Mission in Today, 15 February 2018, telanganatoday. Emergency Management, 25 September Libya/Office of the United Nations High com/telangana-prisons-dept-to-reward-rs- 2009, www.govtech.com/em/disaster/ Commissioner for Human Rights, Detained 10000-for-info-on-corruption-in-jails. Inmates-Community-Response.html. and Dehumanised – Report on human rights abuses against migrants in Libya, 404 The ratification status for OPCAT can 371 ‘Prison programme milestone celebrated’, 13 December 2016. be viewed online: Office of the High Housing New Zealand, 31 January 2017, Commissioner for Human Rights, tbinternet. www.hnzc.co.nz/news/latest-news/prison- 389 UNICEF, A Deadly Journey for Children: ohchr.org/_layouts/TreatyBodyExternal/ programme-milestone-celebrated/. The Central Mediterranean Migration Route, Treaty.aspx. February 2017. 372 United Nations Department of Peacekeeping 405 The Nelson Mandela Rules, Rule 83. Operations, Justice and Corrections Update, 390 ‘Iraq: Hundreds Detained in Degrading Conditions’, Human Rights Watch, 13 March 406 For up-to-date information on designation Issue 5, December 2017, peacekeeping. of NPMs, see Association for the Prevention un.org/sites/default/files/justice_and_ 2017, www.hrw.org/news/2017/03/13/iraq- hundreds-detained-degrading-conditions. of Torture, OPCAT Database, apt.ch/en/ corrections_update_-_december_2017.pdf. opcat-database/. 391 United Nations Department of Peacekeeping 373 ‘“An incredible transformation”: how 407 ‘Argentina: National mechanism to prevent rehab, not prison, worked for a US Isis Operations, Justice and Corrections Update, Issue 5, December 2017, p3, peacekeeping. torture finally established’, 21 December convert’, The Guardian, 4 January 2018, 2017, apt.ch/en/news_on_prevention/ www.theguardian.com/us-news/2018/ un.org/sites/default/files/justice_and_ corrections_update_-_december_2017.pdf. argentina-national-preventive-mechanism- jan/04/american-isis-abdullahi-yousuf- finally-established/. rehabilatation. 392 For more information, see ‘PRI signs an 408 ‘Chile takes historic step on National 374 Global Counterterrorism Forum, Initiative agreement to support demilitarisation of the prison service in the Central Preventive Mechanism’, Association for to Address the Life Cycle of Radicalization the Prevention of Torture, 12 June 2017, to Violence: Neuchâtel Memorandum African Republic’, Penal Reform International, 5 February 2018, apt.ch/en/news_on_prevention/chile- on Good Practices for Juvenile takes-historic-step-on-national-preventive- Justice in a Counterterrorism Context, 2016. www.penalreform.org/news/pri-signs-an- agreement-for-central-african-republic/. mechanism/. 375 Global Center on Cooperative Security 393 United Nations Department of Peacekeeping 409 ‘Panama’s National Preventive Mechanism and the International Centre for moves towards implementation’, Association Counter-Terrorism, Rehabilitating Juvenile Operations, Justice and Corrections Update, Issue 5, December 2017, p4, for the Prevention of Torture, 4 May 2017, Violent Extremist Offenders in Detention, apt.ch/en/news_on_prevention/panama- 2016; Global Center on Cooperative peacekeeping.un.org/sites/default/files/ justice_and_corrections_update_-_ moves-towards-the-implementation-of-the- Security and International Centre for national-preventive-mechanism/. Counter-Terrorism, Correcting the Course: december_2017.pdf. Advancing Juvenile Justice Principles for 394 There is no internationally recognised 410 ‘Philippines: Strong government leadership Children Convicted of Violent Extremism definition of corruption, but the UN required to set up National Preventive Offenses, September 2017. Subcommittee on Prevention of Torture (SPT) Mechanism’, Association for the Prevention describes it as being ‘broadly understood of Torture, 26 November 2017, apt.ch/en/ 376 United Nations Office on Drugs and news_on_prevention/philippines-strong- Crime, Handbook on Children Recruited as the dishonest misuse or abuse of a position of power to secure undue personal government-leadership-required-to-set-up- and Exploited by Terrorist and Violent national-preventive-mechanism/. Extremist Groups: The Role of the Justice gain or advantage, or to secure undue System, 2017. gain or advantage for a third party’. See 411 Oral statement made by the Association Committee against Torture, Seventh annual for the Prevention of Torture at the UN 377 World Prison Brief, Institute for Criminal report of the Subcommittee on Prevention Human Rights Council, 36th Session, Policy Research, www.prisonstudies.org/ of Torture and Other Cruel, Inhuman or September 2017, www.apt.ch/content/files/ highest-to-lowest/occupancy-level?field_ Degrading Treatment or Punishment, APTOralStatement_HRC36_BrazilUPR_ region_taxonomy_tid=All. CAT/C/52/2, 20 March 2014, para. 73. EN.pdf. 378 ‘AP Exclusive: Malnutrition 395 ‘9 of 10 inmates in Mexico say they bribed 412 Committee against Torture, Tenth annual killing inmates in Haiti jails’, AP, prison guards’, Associated Press, 2 August report of the Subcommittee on Prevention February 2017, www.apnews.com/ 2017, nationalpost.com/pmn/news-pmn/9- of Torture and Other Cruel, Inhuman or a43ce17acfd0425cb2af90a1133a8418. of-10-inmates-in-mexico-say-they-bribed- Degrading Treatment or Punishment, prison-guards. CAT/C/60/3, 3 April 2017.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 49 ENDNOTES

PART 5 Role and use of technologies

413 ‘Turning to telemedicine for prisoners’ mental 420 ‘British prison is first to use “disruptor” 427 Cynthia McDougall, Dominic A. S. Pearson, health treatment’, Modern Healthcare, to create drone-proof “shield” around David J. Torgerson and Maria Garcia- January 2018, www.modernhealthcare.com/ jail’, The Telegraph, 16 May 2017, Reyes, ‘The effect of digital technology article/20180106/NEWS/180109957. www.telegraph.co.uk/news/2017/05/16/ on prisoner behavior and reoffending: a 414 Ibid. british-prison-first-use-disruptor-create- natural stepped-wedge design’, Journal of drone-proof-shield/. Experimental Criminology, December 2017, 415 ‘Romania could introduce electronic Volume 13, Issue 4, pp455–482. monitoring to reduce prison overcrowding’, 421 ‘New tech to block mobile phones Romania Times, 3 August 2017, in Scottish jails’, BBC, 14 November 428 EuroPris, How can ICT make the www.romania-insider.com/electronic- 2017, www.bbc.co.uk/news/uk- offender better prepared for release?, monitoring-prison-overcrowding/; scotland-41971718. September 2017. Confederation of European Probation, 422 Helen Farley and Anne Pike, ‘Engaging 429 ‘Malawi to use the OpenTrial app for ‘Electronic monitoring implemented prisoners in education: Reducing risk and citizens to access the justice system’, in Latvia’, 2017, www.cep-probation.org/ recidivism’, Advancing Corrections: Journal Next Web, 10 May 2017, thenextweb.com/ knowledgebase/electronic-monitoring/ of the International Corrections and Prisons syndication/2017/05/10/malawi-use- electronic-monitoring-implemented-latvia/. Association, Volume 1, 2016, pp65–73. opentrial-app-citizens-access-justice- 416 PRI email communication with Probation 423 ‘Secure Online Learning now at all prisons’, system/#.tnw_IyuLu0nS. Service of Latvia, 12 February 2018. National, 4 May 2017, www.national.org.nz/ 430 ‘China: online courts in judiciary’, Shanghai 417 Pew Charitable Trusts, Use of Electronic secure_online_learning_now_at_all_prisons. Daily, 17 January 2018, www.shine.cn/ Offender-Tracking Devices Expands Sharply, 424 ‘Using VR to teach inmates how to live on archive/metro/Online-courts-in-judiciary/ September 2016. the outside’, VICE, 27 December 2017, shdaily.shtml. 418 University of Leeds, Tracking people: news.vice.com/en_us/article/bjym3w/this- 431 Information provided by the Thailand technological and methodological prison-is-using-vr-to-teach-inmates-how-to- Institute of Justice, February 2018. challenges: Report of event three, live-on-the-outside. 432 Emma Rowden, Anne Wallace, David Tait, 15 June 2017. 425 EBO Enterprises, PrisonCloud, Mark Hanson and Diane Jones, Gateways 419 ‘South Korea to use drones to monitor www.ebo-enterprises.com/prisoncloud. to Justice: design and operational guidelines prison inmates’, Korea Times, 6 June 2017, 426 ‘Inmates get mail from home on for remote participation in court proceedings, www.scmp.com/tech/social-gadgets/ tablets’, Straits Times, 3 July 2017, University of Western Sydney, 2013; article/2097089/south-korea-use-drones- www.straitstimes.com/singapore/inmates- Transform Justice, Defendants on video monitor-prison-inmates. get-mail-from-home-on-tablets. – conveyor belt justice or a revolution in access?, October 2017.

PART 6: Alternatives to imprisonment

433 World Prison Brief, Institute for 440 Omar Phoenix Khan, ‘Eight things 445 ‘Northern Ireland: Keep out of jail order cuts Criminal Policy Research, Cambodia, to remember when implementing re-offending rates’, BBC News, 3 August www.prisonstudies.org/country/cambodia. a gender-sensitive approach to 2017, www.bbc.co.uk/news/uk-northern- 434 ‘2017 in review: Cambodia’s tumultuous probation’, PRI Blog, 17 July ireland-40808086. year’, The Phnom Penh Post, 26 February 2017, www.penalreform.org/blog/ 446 Resolution adopted by the Economic 2018, www.phnompenhpost.com/national- eight-things-to-remember-when- and Social Council on 6 July 2017, post-depth/2017-review-cambodias- implementing-a-gender/. Promoting and encouraging the tumultuous-year. 441 To download resources and read more implementation of alternatives to 435 ‘Rwanda: More Convicts to Be Introduced about the project, see www.penalreform.org/ imprisonment as part of comprehensive to Community Service Programme’, resources/gender-sensitive-approach-to- crime prevention and criminal justice AllAfrica, 9 June 2017, allafrica.com/ non-custodial-sentences/. policies, E/RES/2017/19, 18 August 2017. stories/201706090130.html. 442 Fergus McNeill and Kristel Beyens, 447 Ibid., Preambular Paragraph 11 and 436 ‘40 Per cent of Moroccan Inmates Held Offender Supervision in Europe, COST Operative Paragraph 3. in Pre-Trial Detention’, Morocco News, Action IS1106 Final Report, March 448 Definition from: United Nations Office on 14 February 2018, www.moroccoworldnews. 2016, p6, www.cep-probation.org/ Drugs and Crime, A summary of comments com/2018/02/240616/40-percent-moroccan- wp-content/uploads/Final-Report-COST- received on the use and application of the inmates-held-pre-trial-detention/. Action-IS1106.pdf. Basic Principles on the Use of Restorative 437 ‘Drop in number of people jailed for not 443 Michelle S. Phelps and Caitlin Curry, Justice Programmes in Criminal Matters, paying fines’, The Irish Times, 15 May 2017, Supervision in the Community: 22 May 2017, E/CN.15/2017/CRP.1. www.irishtimes.com/news/crime-and-law/ Probation and Parole, April 2017, 449 Ibid. criminology.oxfordre.com/view/10.1093/ drop-in-number-of-people-jailed-for-not- 450 Academy of Criminal Justice Science, paying-fines-1.3084187. acrefore/9780190264079.001.0001/acrefore- 9780190264079-e-239?print=pdf. Response to UNODC RE: ECOSOC 438 Columbia University Justice Lab, Too big resolution 2016/17 of 26 July 2016, to succeed: The impact of the growth of 444 New South Wales Bureau of Crime Statistics Response to the UNODC’s letter for community corrections and what should and Research, Intensive correction orders comments dated February 2017. be done about it, 29 January 2018. versus short prison sentence: A comparison of re-offending, October 2017. 439 Ibid., p2.

50 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018

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