GLOBAL TRENDS GLOBAL PRISON TRENDS 2015

SPECIAL FOCUS Pull-out section Drugs and

Penal Reform International | Global Prison Trends 2015 | 1 Global Prison Trends 2015 PRI would like to thank Rob Allen for authoring this paper. This paper also draws on the expertise of contributors to our 2014-2015 blog series on trends and challenges in penal reform (http://www.penalreform.org/blog/): Rob Allen, Lillian Artz, Shane Bryans, Moritz Birk, Julia Kozma, Marayca López i Ferrer, John Podmore, Mary Rogan, and Bridget Sleap. This document was produced with financial assistance from the UK Government. Its contents are the sole responsibility of Penal Reform International and can under no circumstances be regarded as reflecting the position of the UK Government. This publication may be freely reviewed, abstracted, reproduced and translated, in part or in whole, but not for sale or for use in conjunction with commercial purposes. Any changes to the text of this publication must be approved by Penal Reform International. Due credit must be given to Penal Reform International and to this publication. Enquiries should be addressed to [email protected]. Penal Reform International Head Office 60-62 Commercial Street London E1 6LT United Kingdom Telephone: +44 (0) 20 7247 6515 Email: [email protected] Twitter: @PenalReformInt www.penalreform.org ISBN: 978-1-909521-39-1 First published in 2015. © Penal Reform International 2015 Graphic design by Alex Valy (www.alexvalydesign.co.uk) Cover photo: Prison officers searching the cell of in Cessnock Correctional Centres, New South Wales, Australia. © Fairfax Media

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

Contents

Foreword 4 Why this report? 4

1. , prison and policy 5

2. Trends in the use of imprisonment 7 Imprisonment rates 8 Pre-trial 8 Sentenced prisoners 10

3. Prison populations 12 Women prisoners 12 Children and young persons 15 Elderly prisoners 17 Foreign national prisoners, minorities and Indigenous peoples 18 Health 18

4. Prison management 20 Responsibility for 20 Size and spending 20 Condition of prison infrastructure 22 Security issues and violence 23 Post-conflict countries 24 Privatisation of prisons 24 25 Independent monitoring 26

5. Prison regimes 27 Work 27 Education and training 29

6. Role and use of technologies 30 Case management 30 Improving health and education 30 Electronic monitoring 32 Contact with the outside world 32 Concerns related to the use of technology 33

7. Alternatives to prison 34 Non-custodial measures 34

Conclusion and recommendations 37

CENTREFOLD Drugs and imprisonment Special focus 2015 (pull-out section)

Drugs and the use of prison 2 Drugs and the management of prisons 4

Penal Reform International | Global Prison Trends 2015 | 3 FOREWORD

Foreword This report, Global Prison Trends 2015, assumptions that are often made about The recommendations for reform are has set itself enormous challenges. Not links between changing crime rates solidly based on this detailed contextual only does it describe global trends in and increases in prison populations. analysis. They range from suggestions imprisonment, but it seeks also to place The failure of crime rates to increase on how to reduce the overall prison these trends in a wider context and globally as a result of the international population, with a particular focus then to draw policy recommendations economic recession since 2008 has not on women and prisoners, from the discussion of the data. only confounded settled criminological to detailed suggestions for how prison wisdom; it has also fatally undermined conditions can be improved. The The mere description of global trends the simple justification that more crime special focus on drugs in the report is difficult enough. Fortunately, PRI was requires more use of imprisonment. This is valuable. The recommendation that, able to draw on the work of others: is often the approach of countries that wherever possible, drug problems that of Roy Walmsley, the author of the have allowed their prison populations should be seen as medical rather than World Prison Brief, and of the United to increase in recent years. At the criminal justice questions, points the Nations Office on Drugs and Crime, same time, the report also stresses way both to imprisoning fewer drug as well as important regional studies, the importance of recognising the offenders and treating those drug users such as very detailed SPACE reports link between social development and who are in prison more effectively. on penal statistics published by the improvements in criminal justice, which Council of Europe. The current report I trust that Global Prison Trends can lead to better prison conditions. skilfully weaves together information 2015 will encourage ever more from all these sources, as well as from Part of the wider context of modern careful collection of penal data and national data and PRI’s own resources, imprisonment is the rapid development ever more rigorous analysis of the in order to give a carefully nuanced of new technologies of control. The conclusions to which the data point. picture. Yes, there are many prisoners report describes succinctly how they In this way it will contribute greatly to in the world – more than 10 million can be used both in prison and to penal reform worldwide. Ultimately in all – certainly more than a decade develop alternatives to imprisonment, such reform depends crucially on ago – but the trend is not only in one such as electronic monitoring. It points accurate information and careful policy direction. In many countries there are out that new technologies can have recommendations applied consistently declines in numbers. Why this positive or negative consequences. in the many and diverse penal systems is happening in some countries but not Positively they facilitate the release that make up the world penal order. others requires closer examination. of suspects or offenders who would otherwise be held in prison. Negatively Dirk van Zyl Smit The wider context for developments however, electronic links can be Professor of Comparative and International in imprisonment worldwide, which substitutes for interpersonal contacts Penal Law, University of Nottingham; Vice the current report provides, is a good and thus contribute to the increasing Chair, Board of Penal Reform International. basis for such an examination. The isolation of prisoners. report usefully dismisses some lazy

Why this report? This is intended to be the first of an post-2015 development agenda which Part five looks at regimes in prison annual series of reports designed recognises the importance of security and Part six at the opportunities to describe key global trends in the and justice in ensuring stable and and challenges created by new use and practice of imprisonment peaceful societies.1 technology. Part seven looks at the and to identify some of the pressing use of alternatives to imprisonment, The report comprises seven main challenges facing states that wish to and is followed by conclusions and parts, a special feature and a series organise their penitentiary system in recommendations. A special feature of conclusions and recommendations. accordance with international norms of this first edition puts in focus Part one looks briefly at what is known and standards. penal policies with regard to drugs about crime rates and their relationship and prison. Significant international Identifying key trends and challenges with the use of prison. Part two developments, recent research projects in penal policy and practice is a addresses trends in imprisonment and and precedent-setting court decisions particularly important task during a Part three looks at recent changes are highlighted throughout. period in which many countries are in the extent and nature of prison experiencing economic difficulties and populations around the world. Part The report includes information and looking to reduce public spending. This four discusses questions about the examples from various countries climate may lead both to increasing organisation and management of and regions. These are not intended levels of crime and reduced resources prisons: who is responsible for them, to be comprehensive or exhaustive for preventing and tackling it. The report who works in them, the challenges they but rather to illustrate the trends and is also timely in view of the international face and how and what systems are challenges in a large number of states. community’s work to implement a in place for monitoring and inspection.

4 | Penal Reform International | Global Prison Trends 2015 CRIME, PRISON AND POLICY

PART ONE Crime, prison and policy

Accurately measuring the true level that falls in crime can be achieved at criminal policies so that imprisonment of crime as a whole is an impossible the same time as reductions in the is used more sparingly and for shorter task both for theoretical and practical prison population. Between 2008 and periods. Many states in the US have reasons. Definitions of what is criminal 2013 most US states reduced their looked to reverse years of prison vary from state to state and over time, imprisonment rates while experiencing population growth; most notably and there is enormous variation in the less crime.5 California whose realignment policy extent to which are reported introduced in 2011 has led to the The UNODC homicide study to and recorded by the authorities. prison population falling dramatically. found that levels of violence are While victimisation studies produce a US state budgets for running related to development, and other better picture than crimes recorded corrections facilities have almost studies have found strong links with by the police, there are few countries quadrupled in the last three decades, inequality. ‘Higher levels of homicide where reliable data over time permits making it the second-fastest rising are associated with low human meaningful trends to be established. expense. In 2013, 35 states passed and economic development. The at least 85 bills to change some The crime of homicide (intentional largest shares of homicides occur in aspect of how their criminal justice killing) lends itself most easily to countries with low levels of human systems address sentencing and comparison and is usually considered development, and countries with high corrections. In reviewing this legislative as a proxy indicator for violence in levels of income inequality are afflicted activity, the Vera Institute of Justice general. The UN Office on Drugs by homicide rates almost four times found that policy changes have and Crime (UNODC) estimates that higher than more equal societies.’6 focused mainly on the following five intentional homicide was the cause Another topical UNODC report areas: reducing prison populations of death of almost half a million people stresses that ‘there is a compelling and costs; expanding or strengthening (439,000 individuals) worldwide in case for concluding that crime community-based corrections; 2012. Over a third of those homicides and criminal justice have a strong implementing risk and needs (36 per cent) occurred in the Americas, link with development’. The report assessments; supporting offender 31 per cent in Africa, 28 per cent highlights a ‘consistent relationship re-entry into the community; and in Asia, 5 per cent in Europe and between income levels and crime’ making better informed criminal justice 0.3 per cent in Oceania.2 A more which confirms ‘the existence of policy through data-driven research detailed study published by UNODC a link between levels of economic and analysis. in 2011 estimated that some 468,000 development and citizens’ security, homicides took place in 2010, a global with low-income countries exposed average of seven per 100,000 of the to higher risks of violent crime’.7 general population.3 The homicide rate in Africa and the Americas was This suggests that increasing the use more than double this global average of imprisonment plays a relatively while in Asia, Europe and Oceania modest role in preventing and reducing it was roughly half. The study found violence and other forms of crime. concentrations of violence in certain While the criminal justice system as urban settings and among young a whole provides some deterrent males, with a significant role played by effect on crime, research generally organised or gang related crime on the indicates that increases in the certainty one hand and gender-based violence of , as opposed to the on the other. severity of punishment, are more likely to produce deterrent benefits.8 While imprisonment certainly has an important role in securing Moderate penal policies in which accountability and public security, prison is used sparingly – as a last the question of whether there is resort and for the shortest possible a relationship between the use of time – are likely to prove the fairest and imprisonment and serious crime is a most cost-effective response to crime contested one. Studies from the US in most societies. have estimated that the quadrupling Even without substantial change of the prison population there since to political economy, the costs and the 1980s has accounted for between disputed effectiveness of imprisonment 25 and 30 per cent of the fall in crime.4 have led some countries to reform their More recent experience has shown

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The size of the world prison population has increased by approximately 10% since 2004.

Pre-trial detention facility, Karaganda region, Kazakhstan. © Karla Nur 2014

6 | Penal Reform International | Global Prison Trends 2015 TRENDS IN THE USE OF IMPRISONMENT

PART TWO Trends in the use of imprisonment*

The absolute numbers behind bars (136 per cent).15 Prison numbers rose to serve their sentences, quite a on remand or serving sentences have by 58 per cent in the Philippines16 and common practice in Europe. Turkey’s increased in many countries since by 38 per cent in Iran.17 Thailand’s prison population has by contrast the turn of the millennium. According prison population fell between 2001 grown rapidly from 55,000 in 2001 to UNODC, the size of the world and 2007 but then rose again – its to 160,000 in 201521. A five year prison population has increased by 325,000 prisoners in 2014 amounted programme to build more than 200 approximately 10 per cent since to 30 per cent more than in 2001. new prisons was announced in 2013.22 2004, with large differences in rates India’s prison numbers rose by a In Western Europe, while all countries of imprisonment between sub-regions, similar percentage between 2001 and saw their prison populations grow varying from under 100 to more than 2013. China with the largest absolute during the 1990s (albeit at different 600 prisoners per 100,000 population numbers of prisoners in Asia appears rates), the experience since 2000 in 2011-13.9 to have seen a more modest rise has been more variable. The UK although data is incomplete in respect Some increase is to be expected given and France have seen a continuous of pre-trial detainees and those subject the growth in the world’s population. In increase. Prison numbers rose in to . countries, which have seen substantial Germany and the Netherlands until population growth, increases in the In the Gulf region, the use of prison 2004 and then started to fall,23 as they numbers of prisoners may nonetheless has doubled in Saudi Arabia (from did in Spain after 2007. represent a fall in the rate of 23,700 prisoners in 2000 to 47,000 in In Africa, while data is less complete, imprisonment per head of population. 2013) and in Qatar – from 569 in 2002 large percentage increases have been For example, the rise in the prison to 1,150 in 2013. seen in some North African countries population in India from 358,000 in In Europe, since 2000, prison such as Algeria (76 per cent between 2005 to 385,000 in 2012 represented populations have fallen in Russia, 2001 and 2013) and Morocco. South a decrease in the imprisonment some of the former Soviet Union Africa’s prison numbers peaked in rate from 31 per 100,000 of the countries (for example the Baltic 2004, falling back from 188,000 then general population to 30. The prison States18), and some Eastern countries to 158,000 in 2014. Prison numbers population in India in 2013 – 412,000 such as Romania although here have risen in some but not all East – still only represents an imprisonment it started to rise again after 2010. African states. Ethiopia’s prison rate of 33 per 100,000. Notwithstanding the decline in his population increased from 55,000 Over the last fifteen years or so, prison country, the Estonian Justice Minister in 2000 to 93,000 in 2011, with populations have seen particularly said in January 2013 that the country’s smaller percentage rises in Kenya and sharp rises in Latin America, where prison population of nearly 3,300 was Uganda. Rwanda’s prison numbers Brazil has seen a 150 per cent still too high and has commissioned which hugely increased following the increase,10 Colombia a 125 per cent an audit of penal law because ‘practice genocide have fallen dramatically increase11 and Mexico, 53 per cent.12 shows that just putting a person in since 1998. Tanzania and Zimbabwe The 16 per cent growth in the US prison is not necessarily the best report fewer prisoners today than prison population between 2001 solution’.19 Sweden has experienced 15 years ago. West and Central and 2012 looks relatively modest in a sharp fall in the number of prison African countries have seen increases; comparison, although it comes after admissions in the past two years some relatively small as in the case a long period of prison expansion and closed down four prisons and of Cameroon, others sharper as in the which started in the 1970s. The a remand centre.20 case of Nigeria since 2008. total US correctional population (on Former Soviet Union and Eastern Prison populations in Oceania have probation, parole, in federal and state European countries have not all seen increased substantially since 2001. prisons and in local jails) decreased their prison numbers fall. Before its Prison populations in 2014 were for the fourth consecutive year in large-scale amnesty in 2012, Georgia’s 50 per cent higher in Australia and 2012, but 2013 figures show that the prison population had trebled since 46 per cent higher in New Zealand. number of federal and state prisoners 2001 due to harsh sentencing policies. had started to rise again.13 The prison population in Poland has In Asia, particularly steep rises in remained relatively stable after sharp the use of prison have been seen in increases at the end of the nineties Indonesia (183 per cent)14 and Vietnam with relatively large numbers waiting

* Unless otherwise stated, all figures cited in this part are taken from the ‘World Prison Brief’ published by the International Centre for Prison Studies, http://www.prisonstudies.org/world-prison-brief, .

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Imprisonment rates Growing prison populations throughout for Prison Studies in January 2015, than one in a hundred of its citizens, the world (though not in every country) 112 had a rate of prison occupancy Minnesota fewer than one in every place an enormous financial burden above 100 per cent (overcrowding). three hundred.26 on governments and at a great cost Out of these, 21 jurisdictions had There is of course no such thing as to the social cohesion of societies. rates of overcrowding above 200 a ‘correct’ prison population rate It is estimated that more than 10.2 per cent, and a further 29 had rates for a particular country. Given the million people, including sentenced between 150 and 200 per cent. Even financial and social costs associated and pre-trial prisoners, were held in systems which are less than 100 per with depriving people of their liberty, penal institutions worldwide (from data cent occupied may find it difficult countries should keep under review available in October 2013). 144 out to place prisoners in appropriate whether imprisonment is playing an of every 100,000 people of the world accommodation. appropriate role in tackling crime. were therefore in prison at that time.24 Rates of imprisonment vary Such a review seems an urgent priority Prison populations are growing in all substantially across the world and where rates are extremely high, say five continents. In the last 15 years the even within regions and countries. the – currently 17 – countries with estimated world prison population has More than 440 per 100,000 more than 400 per 100,000 of their increased by some 25-30 per cent but people are confined in El Salvador population confined. at the same time the world population compared to 115 per 100,000 in has risen by over 20 per cent. The neighbouring Guatemala. Finland’s RECOMMENDATION world prison population rate has risen rate of imprisonment per 100,000 Countries should keep under by about six per cent from 136 per of its population is one eighth of review whether imprisonment 100,000 of the world population to the neighbouring Russia, while Canada’s is playing an appropriate role current rate of 144.25 is about one sixth of the rate in the US. in tackling crime. Within the US, the overall rate of more Out of 203 jurisdictions for which than 700 prisoners per 100,000 masks data had been collected by the World variations – Louisiana imprisons more Prison Brief of the International Centre

Pre-trial detention In many nations, prisons are used use of pre-trial detention is a global a quarter, and in Europe about one in large part not as a punishment problem, which has been described in five, of all prisoners were pre-trial or correctional measure but to hold in a recent Open Society Foundation detainees in 2012.32 suspects and defendants until they (OSF) survey as ‘one of the most Latest UN data from a small sample can be tried in court. In more than overlooked human rights crises of our of countries suggests that the 50 countries, the majority of people time’.28 In some countries periods in proportion of people in pre-trial in prison on any one day are such pre-trial detention are relatively short; detention worldwide may have pre‑trial detainees. UNODC has for example, in 2011, in the 27 Council decreased from 30 per cent in 2004 highlighted that the proportion of of Europe countries for which data to 27 per cent in 2012. Progress has pre‑trial detainees is highest, on is available, the average length of been most manifest in Africa and average, for countries at the lower pre‑trial detention was 5.7 months.29 Asia, where the proportions of pre-trial end of income levels and lowest In Nigeria, the average length of prisoners decreased but remained for countries at higher income levels, pre-trial detention nationally has been at high levels.33 suggesting that high levels of pre-trial reported at 3.7 years.30 detention may point to shortcomings However, official figures are likely to A survey by the Open Society in criminal justice systems.27 In post underestimate the numbers involved; Foundation found that in 2012, overall conflict and low-income states in many countries detainees are held about a third of the world’s 10 million seven out of ten prisoners may be in police detention, escaping the prisoners were in pre-trial detention. awaiting trial. prison statistics but not the fact of The region with the highest proportion detention. For other countries even Even in high-income countries such as of pre-trial detainees was Asia (40.6 where the percentage of people in the Netherlands and Canada however, per cent) followed by Africa (34.7 per pre-trial detention on a particular date almost two in every five people held cent). In the Americas somewhat over may appear low, people on remand in prison are on remand. Excessive still represent a much higher proportion

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of all of those admitted into prison over the course of a year. So, while Landmark ruling by However, across the country international law stipulates that the the provision is not implemented role of penitentiary systems should Indian Supreme Court and excessive numbers of comprise ‘treatment of prisoners the on pre-trial detention pre‑trial prisoners contribute essential aim of which shall be their to the notorious overcrowding reformation and social rehabilitation’,34 In a landmark ruling in in . in practice much of the work of September 2014, the Indian prisons continues to be in fulfilling Supreme Court ordered prisons The Supreme Court ruling a jailing function. to release pre-trial detainees who ordered the implementation had been held for more than half of the law, requesting local In Mexico, a study estimated the of the maximum term they could judges and magistrates to amount of income lost, as a result be sentenced to if they were ‘hold one sitting each week in of their detention, by the country’s found guilty. each jail/prison for two months pre‑trial detainees who were employed commencing from 1st October, at the time of arrest, as 1.3 billion This verdict by the Supreme 2014 for the purposes of effective pesos (or about US $100 million) in Court is a step towards the implementation of 436A of the 2006. In South Africa, the government enforcement of a provision Code of Criminal Procedure’. spends R2.2 million (US $300,000) in India’s Code of Criminal The objective is to identify those a day imprisoning people who have Procedure which was amended pre-trial prisoners benefiting been granted bail but are unable to by Parliament in 2005. from this provision and ‘pass an 35 afford it. Section 436A of this Code appropriate order in jail itself for release (…) immediately’. The rate at which defendants are introduced detailed provisions Furthermore, the Supreme Court acquitted in criminal trials varies on the maximum period for requested to receive reports of widely among different countries. which individuals can be held on these sittings. In China, according to the Supreme remand (‘undertrial prisoners’). People’s Court, in 2011 the combined It provides for their release by The verdict has implications conviction rate for first- and second- the Court ‘on his personal bond for hundreds of thousands of instance criminal trials was 99.9 per with or without sureties’ if the detainees. Almost two thirds cent.36 A similar rate is reported in remand prisoner has undergone (67.6 per cent) of the 400,000 Japan.37 In Russia, judges acquit detention ‘for a period extending prisoners held in custody in India fewer than 1 per cent of defendants up to one-half of the maximum are awaiting trial.31 although juries (who deal with 0.05 period of imprisonment specified per cent of criminal cases) acquit 20 for that offence under the law’. (See Supreme Court of India, per cent.38 In the USA, 93 per cent of Writ. Petition (Crl.) No. 310 In exceptional cases, pre-trial of 2005 titled as ‘Bhim Singh federal prosecutions led to conviction detention may be extended, upon 39 Versus Union of India & Ors., 24 in 2012. In England and Wales 83 per decision by the court following cent of defendants tried in the Crown September 2014, Endst No. 29613 a plea for continued detention Gaz. II(17).) courts (the most serious cases) were by the Public Prosecutor, and if 40 convicted in 2011. the delay in proceeding has been In the light of this and the high rates caused by the accused. of pre-trial detention, the past years have seen an acknowledgment of the importance of legal aid to improve the performance of the justice system all stages of the criminal process’ and RECOMMENDATION and to ensure respect for the rule including ‘unhindered access to legal The adoption of the UN of law, which in turn is essential for aid providers for detained persons’.41 Principles and Guidelines on sustainable development. This is important for a range of reasons Access to Legal Aid in Criminal not least of course to avoid wrongful The UN Principles and Guidelines on Justice Systems is a significant convictions. Access to Legal Aid in Criminal Justice development, but as a new Systems, adopted by the UN General A number of models for providing set of standards will require Assembly in 2012, provide that states legal and paralegal advice and measures to ensure their should ensure that a comprehensive assistance have been developed implementation. legal aid system is in place that is which are capable of replication at accessible, effective, sustainable and relatively low cost.42 There has been a credible. They clarify that legal aid is growing recognition of the importance a duty and responsibility of the state, of early access to legal advice and and sufficient resources should be representation when suspects are first allocated for it. The new standards arrested by the police.43 also state that legal aid needs to be provided ‘promptly and effectively at

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Early access to implementation of the 2012 United providing legal advice, including Nations Principles and Guidelines national public defender services legal aid in criminal on Access to Legal Aid, and such as those set up in Chile, justice processes: suggests solutions drawing on Georgia, and Moldova; services case studies from a number of supplemented by private lawyers UNODC handbook* countries such as those in Brazil and Israel; and paralegal schemes such as for policymakers The case studies cover efforts such those in the USA and Sierra Leone. and practitioners as in Pakistan and Bangladesh to improve police investigations so The handbook sets out the roles In 2014, UNODC published a that they rely less on confessions, that need to be played by police, practical guide to help states an important component of a prosecutors and judges whatever ensure suspects and defendants strategy to make access to lawyers system is in operation and can obtain legal advice when they a reality in police stations. They includes training resources for are first arrested. The handbook also include a number of models for key stakeholders. looks at the challenges facing the

Sentenced prisoners Proportionality and are far less severe than in the US: based on the premise that, to be sentence length up to two years in Denmark and just, a sentence must be of a length Great Britain; four years in Spain and type which fits the crime, and As for sentenced prisoners, levels and Sweden; five years in Belgium, the circumstances of the offender. of penal severity vary enormously Germany, Poland and Slovenia; and The concept of proportionality has between states. Available data from seven years in France.45 been recognised by the European 35 countries worldwide collected by Court of Human Rights in Harkins and For more commonplace crimes there UNODC shows that of the total number Edwards v. the United Kingdom and is similar variation. Within Northern of persons held in prisons, penal Rrapo v. Albania as constituting an Europe, the maximum sentence for institutions and correctional institutions essential part of human dignity, and theft is four years in The Netherlands, in 2012, more than two thirds had ‘grossly disproportionate’ sentences five years in Germany and seven received prison sentences of up to five can be found to breach Article 3 of years in England and Wales.46 The years, while, at the other end of the the European Convention on Human offence carries up to ten years in spectrum, 6.5 per cent had received Rights. Article 12 of Canada’s Charter Canada, Russia47 and Uganda, where sentences of more than 20 years, of Rights and Freedoms prohibits recently promulgated sentencing including life sentences, and 0.2 per cruel and unusual punishment which guidelines suggest courts start their cent had been given death sentences. the Supreme Court has ruled includes considerations of a particular case at Available data on the distribution of grossly disproportionate terms of five years, before adjusting it to take prisoners by the length of sentence imprisonment;50 and proportionality in account of aggravating or mitigating shows a similar distribution for sentencing has constitutional status in factors. countries in Asia and Europe, but with Ireland (see the discussion in Whelan a lower share of prisoners sentenced Identifying trends is not straightforward. and Lynch v. Minister for Justice, to 10 years or more in Asian countries Some jurisdictions have looked to Equality and Law Reform).51 than in European countries. Available make penalties harsher. The Australian data on a limited number of countries While this is so, the concept of State of New South Wales has recently in Africa, the Americas and Oceania proportionality has tended to be raised the maximum sentences indicate a share of prisoners sentenced invoked by courts only in the case for violent crimes and introduced to 10 years or more that is significantly of very long sentences (see right). mandatory minimum sentences of two above the global average.44 years for assault, and four years for Comparisons of penal severity illustrate affray.48 UNODC has established that RECOMMENDATION how such variation occurs. Following in systems with the highest detention There is a strong case for the sentencing of Bradley Manning to rates, half of the prison population is sentence lengths to be 35 years imprisonment in the US for convicted to short term sentences (up more proportionate to the the disclosure of classified national to five years) while the share of long- seriousness of the crime security information, a survey of the term detentions is very low.49 and the circumstances of laws and practices of 20 European the offender.52 Many countries have recognised the countries found the penalties available concept of proportionality as one to the courts for the same offence of the key principles of sentencing,

* For more information, see http://www.unodc.org/documents/justice-and-prison-reform/eBook-early_access_to_legal_aid.pdf

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Life and long-term they increased from 16.1 years to these factors or shifts can be properly sentences 20.2 years and for other crimes from evaluated’.60 There are also signs that 6.2 years to 9 years.55 other courts are becoming more willing As for more serious crimes, many to find that very long sentences violate countries have seen an increase in There may be signs of increasing human dignity. The Supreme Court the numbers serving life and long- concern about this trend. The of the United States has also moved term imprisonment. Examples include European Court of Human Rights has against mandatory sentences of life long, indeterminate and preventive ruled that grossly disproportionate without parole (LWOP), finding them sentences for ‘dangerous offenders’ sentences can constitute inhuman or to be a form of ‘cruel and unusual’ (Germany) and harsh penalties for gang degrading treatment. This test is also punishment, though thus far only in members (mano dura policies in Latin provided under the Eighth Amendment the case of juveniles.61 America). The numbers of prisoners in the USA and the Canadian Charter serving life imprisonment, often without of Rights and Freedoms which While the US Supreme Court and the possibility of parole (LWOP), has prohibit the infliction of cruel and the European Court of Human Rights increased significantly, partly as the unusual punishment.56 In a much have taken issue in different ways default alternative sentence to the noted statement in 2014 Pope Francis with sentences lasting the duration of death penalty in the course of abolition. argued that life-long incarceration an individual’s life, sentences short of should be opposed as strongly as the these extremes have yet to give rise Moreover, the replacement of the use of capital punishment.57 to similar decisions, or indeed similar death penalty by LWOP has resulted in levels of discussion. It is however the a widening net, applying life sentences In a number of countries life sentences case that the UN General Assembly beyond the ‘most serious crimes’ and cannot be imposed for offenders over has urged states not to impose life no longer confined to formerly capital a certain age – 65 in Azerbaijan and imprisonment (nor the death penalty) offences. Russia for example.58 for offences committed by persons Some countries impose both the The recent judgment of the European under 18.66 death penalty and LWOP. It has been Court of Human Rights in the case of calculated that in the USA in 2012, Vinter and Others v United Kingdom59 RECOMMENDATION there were 3,278 prisoners serving has indicated that national law should In accordance with emerging LWOP for non-violent drug and contain provision for the review of international jurisprudence, property crimes in the federal system whole life sentences after 25 years in life sentences should always and in nine states that provided such custody. It noted that detention can be capable of review after a 53 statistics. only be justified when it is based on period of no more than 25 years legitimate penological grounds. While Life imprisonment has also increased and should not be imposed for at the time a life sentence is imposed, in other contexts. The UK for example offences committed by persons many of these grounds will be present, has approximately the same number of under 18. the Court noted that the balance life-sentenced prisoners as all the other between them may shift in the course Council of Europe member states put of the sentence. What may have been together (approximately 9,000)54. In the the primary justification for detention UK the average length of the tariff, (the may not be so after a lengthy period. minimum period to be served before The Court considered that ‘it is only by parole can be considered) increased carrying out a review of the justification between 2005 and 2012 for all kinds for continued detention at an of life sentences. For murder cases appropriate point in the sentence that

New rulings though life sentenced prisoners found that human dignity requires in Argentina can apply for parole for prisoners to have the hope of for life prisoners after 20 years,62 the Court ruled release. This does not mean that Regional human rights courts that life sentences, ‘by their they must be released, but that issued landmark rulings that nature, do not comply with the some mechanism needs to be in restricted the permissibility of life purpose of social reintegration of place for reviewing the sentence, 63 65 sentences in 2013 and 2014. children’, were disproportionate, at least every 25 years. The case and ‘provoked a high psychological of Trabelsi v. Belgium in 2014 In 2013, life imprisonment for impact on the victims’.64 extended this to extradition cases, minors in Argentina was judged ruling that extradition from Council Within the Council of Europe unlawful. The Inter-American of Europe member states cannot region, life sentences without the Court of Human Rights ruled – take place if individuals are facing possibility of review have been in the case of Mendoza et al v. life imprisonment without the deemed to constitute cruel or Argentina – that life imprisonment possibility of release or if proper inhuman treatment. In 2013 the for offences committed when review procedures are not in place case of Vinter and Others v. The someone was below 18 years of in the country to which they are to United Kingdom (and reaffirmed in age must be prohibited. Even be sent. 2014 in László Magyar v. Hungary)

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PART THREE Prison populations

Overview The vast majority of prisoners the A comparative study of Latin American Durban were suffering from current world over are adult men. In most prisoners in six countries revealed psychotic, bipolar, depressive and countries, they tend to be drawn from ‘the prevalence of broken homes anxiety disorders.71 These conditions the poorest strata of society. The and abandonment in inmates’ family were for the most part undetected UN Special Rapporteur on Extreme histories’ and relatively low levels of and untreated. Poverty and Human Rights reported education.69 Similar findings have been Some categories of prisoners have in 2011 that ‘disproportionately high found in the UK,70 where 15 per cent specific vulnerabilities and the numbers of the poorest and most of male prisoners are thought to show experience of prison can impose excluded are arrested, detained and symptoms of psychosis compared to additional burdens. imprisoned’.67 The Open Society four per cent of the general population. Justice Initiative confirmed that A study of South African prisoners ‘most pre-trial detainees are poor, found even higher levels of mental ill and economically and politically health; 23.3 per cent of prisoners in marginalized’.68

Women prisoners On the basis of figures up to the figures up to the beginning of 2013, Department study found the overall beginning of 2013 there are more than about 6.5 per cent of the world’s number of aboriginal women behind 660,000 women in prison throughout prisoners are women. In 2000 the bars in federal institutions nearly the world. About 6.5 per cent of proportion was about 5.3 per cent. doubled between 2002 and 2012, the world’s prisoners are women This represents an increase of more rising 97 per cent, compared to and in most prison systems women than a fifth. 34 per cent for men.75 constitute between 2 and 9 per cent The lowest levels of female Worldwide statistics show that of the total prison population. The imprisonment are in Africa, and imprisonment for drug related offences prevalence of women within the total Western Europe too has levels is particularly high among women. prison population is lowest in African below average, but levels are higher For example, according to a recent countries and the highest levels are in Central and Eastern Europe comprehensive study, over 31,000 in Asia, especially South-Eastern and (especially the countries of the former women across Europe and Central Eastern Asia. Soviet Union). Levels in the Americas Asia are imprisoned for drug offences, When considering all prisoners, male are above average, as they are in representing 28 per cent of all women and female, the prison population rate South‑Eastern and Eastern Asia. in prisons in these regions. In some for the world is about 144 per 100,000 countries, up to 70 per cent of female According to the UN Division for the of the world’s population. Of this 144, prisoners are incarcerated for drug Advancement of Women, in many an average of nine or ten are women. offences.76 About one third of women countries, ‘racialised women, including prisoners in Canada77, and 57 per cent According to recent analysis by indigenous women, represent the in Thailand78 were convicted of drug the International Centre for Prison fastest growing segment of the prison related offences. Harsh drug laws are Studies, the number of women in population’.73 In Australia, aboriginal also driving a surge in the number of prison increased between 2000 and women are the fastest growing sector women imprisoned in Latin America. the beginning of 2013 by over 40 per of the prison population, representing Between 2006 and 2011 the female cent.72 This compares to an increase a third of women prisoners but prison population in the region almost in the world population of 16 per cent only two per cent of the general doubled, increasing from 40,000 to in the same period. On the basis of population.74 In Canada, a Justice more than 74,000 prisoners.

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About 6.5% of the world’s prisoners are women. Between 2000 and 2013 the number of women in prison increased by over 40%.

Luzira women’s prison, Uganda. © Scott Langley 2014

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PRI research: to support family, and in reflecting the reality that many some cases ‘bad judgement’. women are not welcomed back Who are women In Georgia, Kazakhstan and by their families after release prisoners? Kyrgyzstan around a third of in the way that men tend to convicted women were in prison be. Also, imprisonment has a During 2013-14 PRI surveyed for drug-related offences. greater impact on the mental almost 1,200 women in prison health of women. Across all six • Violent offences made up less in six countries (Armenia countries, the women surveyed than 25 per cent of cases in all and Georgia, Kazakhstan and had extremely high rates of countries with the exception Kyrgyzstan, Jordan and Tunisia). depression and insomnia. The findings show commonalities of Kyrgyzstan. However in across borders and paint a Kyrgyzstan, an analysis of cases Since the UN Bangkok Rules were picture of poverty, discrimination where the victim had been a adopted in December 2010 a body and the damaging long-term male family member revealed of research has been building, consequences of imprisonment. that at least half of the female filling a gap in the knowledge on perpetrators reported abuse women prisoners. The research • Most women said that they and 56 per cent said they had should serve as a starting point were of very poor to average acted in self-defence. It is likely for the implementation of a income, and seven or eight out that women’s experience of gender-sensitive penal system of ten women had children. domestic violence and abuse is in line with the Bangkok Rules. • Theft and fraud were the most underreported. It should be based on the pathways of women to crime common offences women were • The main consequences of and an understanding of the charged with or convicted of imprisonment for women were characteristics and needs of (with the exception of Armenia). loss of employment and housing, women offenders to rebuild their The main reasons given for the stigma, and family breakdown, offence were financial, lives following release.

The vast majority are in prison for drug release. Linked to this violence offenders and prisoners.82 The Rules related offences, usually low level drug are the high rates of mental health supplement the UN Tokyo Rules on trafficking offences. illness,80 substance dependencies and alternatives to imprisonment and susceptibility to self-harm and suicide encourage the use of gender‑specific A report by the International Drug among women prisoners.* non-custodial measures and Policy Consortium calls for more sanctions. They also give guidance proportionate penalties for drug Typical offences committed by females on how to meet the needs of women offences, particularly for vulnerable are drug-related offences, property prisoners, supplementing the Standard groups, more prevention and income and other non-violent crimes, often Minimum Rules for the Treatment generating programmes to be with motivations relating to their of Prisoners. Yet, awareness about established, and a special focus financial situation. Violent female the Bangkok Rules is still lacking to be put on alternatives to prison offenders have often experienced and states should work towards for those convicted of low-level, extreme violence themselves, or have implementation of the Bangkok Rules. non‑violent offences.79 responded to domestic violence for instance.81 Compared to men, a higher The characteristics and needs of percentage of female offenders are RECOMMENDATION women are usually very different from first-time offenders and recidivism States should work towards those of men. Research shows that rates are lower. Women in conflict with implementation of the poverty and marginalisation play a the law face greater stigmatisation in Bangkok Rules. particular role for women offenders, the majority of countries around the that their educational profile reflects world than that faced by their male discrimination in education in counterparts. society and that a high percentage are mothers, often sole or primary The UN Rules for the Treatment of caretakers, or lead a single-headed Women Prisoners and Non-custodial household. A disproportionate number Measures for Women Offenders (the of women offenders have experienced Bangkok Rules) were adopted at the violence in their lives, including sexual UN General Assembly in December abuse, and this cycle of violence 2010 to address the specific gender often continues in prison and after characteristics and needs of women

* For example, in the UK while making up only 5 per cent of the prison population, women account for half of incidents of self-harm with between a fifth and a quarter of women harming themselves while in prison: Hawton K and others, ‘Self-harm in prisons in England and Wales: an epidemiological study of prevalence, risk factors, clustering, and subsequent suicide’ The Lancet, Vol 383, No 9923, 2014, pp1147–1154.

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Children and young persons UNODC have found that ‘globally, crime being ‘too serious’ to be dealt between 2004-2006 and 2011-2013, with in the children’s justice system UN Global Study on the rate of children in prison fell from or because the child is accused 12 to 10 per 100,000 children’. alongside adult co-defendants. Children Deprived Rates declined in all regions, but the International attention to serious of Liberty decrease was particularly pronounced offending by children has increased in Europe especially in Eastern Europe, Obtaining accurate recently, in particular relating to a while there were also decreases in information about the number of high profile cases of gang parts of the Americas and Asia and numbers and situation of rape in India where one of the accused in Oceania. 83 However, significant children and young persons was under 18 (and therefore liable increases were observed in Central deprived of their liberty for a maximum penalty of three years America and Western Asia. In Europe, has always proved difficult. in prison under India’s progressive rates of juvenile imprisonment fell In an effort to address this juvenile justice legislation). A new in most sub-regions by more than lack of qualitative and Bill allows for children aged 16 and 30 per cent, with the exception of quantitative data, the UN over accused of some serious crimes Southern Europe.84 General Assembly adopted a to be transferred to adult courts. resolution in December 2014 Caution is needed in analysing such The proposed amendments have inviting the Secretary-General data as children can be deprived of been described by India’s National to commission an in-depth liberty in a range of establishments Commission for Protection of Child global study on children outside the prison system, including Rights (NCPCR) as ‘retrograde in deprived of liberty.85 in secure units, approved schools, nature and against the principles of boarding schools, and hospitals. For reformative and restorative justice’.88 The study will help document example, in Uzbekistan children under the full extent to which At the same time, evidence suggests the age of criminal responsibility can children are deprived of that children experience high levels be effectively deprived of their liberty their liberty, identify best of violence in detention, particularly in an institution, without a court order practices, and put forward in police custody and transportation. by the Commission of Minors. recommendations for how Almost half of all children surveyed in states can better fulfil their The age of criminal majority (the age at Central Asia said they had been treated international obligations, which offenders are no longer protected cruelly or violently by police (most to including the implementation under the UN Convention on the Rights coerce confessions) and 30 per cent of the United Nations Model of the Child) is commonly held at said they experienced severe physical Strategies and Practical 89 18 years of age but in many countries violence. Children in detention are Measures on the Elimination has been determined at 16 or 17. also often subjected to damaging of Violence against Children. disciplinary measures in detention However, evidence suggests that the The Global Study had been such as restraint, use of force and minimum age of criminal responsibility recommended, in May 2014, solitary confinement, instead of positive is being reviewed and lowered in a by the Committee on the forms of discipline, such as incentive number of countries across the globe, Rights of the Child, noting schemes, rewards for good behaviour resulting in the criminalisation of more that there is a great lack of and ensuring children are occupied in and younger children.86 In June 2010, quantitative and qualitative meaningful and constructive activities Denmark lowered the minimum age data, research and verified such as education and training, sport of criminal responsibility from 15 to information on this subject. and leisure. 14 years; in Peru a Bill aims to lower it from 18 to 16 years for ‘serious Separate from children and young crimes’; and in the Philippines there people held for offences they have have been a number of Bills proposing been alleged of or convicted for, for non-custodial measures and it be lowered from 15 to ten years. there are thousands of children sanctions, and a landmark verdict A 2013 report by the Child Rights living in prison with their parent, of South Africa’s Constitutional Court International Network showed that in mostly their mother. Recent years in 2007 ruled that sentencing must 31 states the minimum age of criminal have seen a growing recognition of take into account the impact on the responsibility is seven, and in another these children as a vulnerable group, mother’s (parent’s) children.90 11 states it is at age eight.87 introducing standards to account for their protection and needs, but In November 2013, the African Moreover, in many countries measures also towards considering primary or Committee of Experts on the Rights are in place that effectively lower the sole caretaking responsibilities within and Welfare of the Child adopted a age of criminal majority; for example, sentencing. The UN Bangkok Rules General Comment on the rights of some jurisdictions (eg in the USA) as well as Article 30 of the African children when their parents or primary allow children’s cases to be transferred Charter for the Rights and Welfare of caregivers are in conflict with the law to adult courts on the basis of the the Child have introduced a preference (see page 17).91

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There are thousands of children living in prison with their parent, mostly their mother.

Dream One World, school and orphanage for children of prisoners, Uganda. © Scott Langley 2014

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Awareness of prisoners’ children Children of prisoners Comment advises African states is growing; however, the General on how to implement Article 30 Comment delivers the first highlighted by African of the African Charter on the comprehensive guidance on this issue Child Rights Committee Rights and Welfare of the Child by any human rights body worldwide. which is the only treaty provision The first-ever General Comment explicitly protecting the rights RECOMMENDATIONS drafted by the African of children of prisoners. The Committee of Experts on the In responding to offending General Comment deals with by children, detention should Rights and Welfare of the Child every aspect of Article 30, focuses on children of prisoners, be considered only as a explaining how it relates to other last resort, for the shortest both those accommodated in parts of the Charter and giving prison with their parent and possible time. The age of examples of how the rights of criminal responsibility should those left behind. Adopted in children of imprisoned parents November 2013, the General be set compliant with the should be protected. recommendations of the UN Committee on the Rights of the Child92 and countries should not allow for the transfer of children It requires that the best interests of The General Comment also clarifies to the adult justice system. each individual child are considered that Article 30 is applicable to children Decisions whether to allow whenever they may be affected (for whose mother, father or other primary children to live in prison with example at point of arrest, sentencing caregiver are in the criminal justice a parent must be made on an or when visiting an imprisoned parent). process at any stage, from arrest to individualised basis, based on Children should be able to participate detention and through to release and the best interests of the child. in proceedings that affect them. reintegration.

Elderly prisoners Recent studies have also shown the UK, also because of the surge of RECOMMENDATION that penal systems are struggling people being convicted for offences Special policies and strategies to cope with a rising number of older many decades ago. should be developed by prison prisoners. For example, in England In some countries for example in services to address the special and Wales, male offenders aged 50 Spain, people are released from prison needs of this vulnerable group or above are the fastest growing group once they reach the age of 80. In of prisoners.102 in prison, rising by 74 per cent in the other jurisdictions age is one of the past decade to close to 10,000, bases for granting conditional release, 11 per cent of the total prison including in the case of a life sentence. population. In the UK the over-60s For example, in Azerbaijan and Russia population has increased eight-fold the maximum age whereby the court since 1990.93 In the US, the number will issue a life sentence is 65, while of state and federal prisoners age 55 in Georgia conditional release can be and older was 8,853 in 1981, rose to considered at 60.98 124,900 in 2012 and was estimated by experts to be over 400,000 by 2013.94 This shift in the prison population poses new healthcare challenges, In Canada the segment of the prison including an increase in dementia population over the age of 50 grew among prisoners. Fifty to 80 per by more than 50 per cent between cent of prisoners have some form of 2001 and 2011. Increasing numbers mental disability according to studies of are also reported in undertaken in a number of countries.99 Australia and New Zealand, where a special wing for older prisoners was Prisons are likely to be ill-equipped opened in Rimutaka prison in 2011.95 for the needs of elderly prisoners. In Japan, the number of prisoners over Prison infrastructure, ‘stairs, access 65 increased by 160 per cent between to sanitary facilities, [and] upper 2000 and 200696 and reportedly bunk beds’100 may cause problems reflects an increase in crime among of accessibility and activities, pensioners.97 rehabilitation and release programmes may be tailored to younger offenders The reason for the increase in elderly in terms of skills training and education prisoners is partly because of longer and not address the resettlement sentences and in some countries, like challenges of older prisoners.101

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Foreign national prisoners, minorities and Indigenous peoples The increased movement of people countries, foreign nationals are at high male US residents), compared to one from one country to another, including risk of being remanded in pre-trial per cent of Hispanic males (1,134 per due to migration and globalisation, detention and are over-represented 100,000) and 0.5 per cent of white has led to a growing number of among those charged with or males (466 per 100,000).110 non‑nationals being held in prison. convicted of offences such as drug In the age range with the highest It was estimated in October 2014 that trafficking. Foreign nationals present imprisonment rates for males (ages 25 globally they number almost half a a number of challenges to prison to 39), black men were imprisoned at million prisoners.103 systems including ensuring access rates at least 2.5 times greater than to justice and legal representation, Among Council of Europe member Hispanics and six times greater than facilitating contact with families and states, for example, more and more white males. preparation for release or deportation. people are detained who are not For men aged 18 to 19 – the age nationals of the country in which they In many countries too, minority groups range with the greatest difference in are being held. In Spain, the proportion including Indigenous peoples are imprisonment rates between whites of non-nationals rose from 19.9 per over‑represented among prisoners. and blacks – black men (1,092 cent in 2000 to 30 per cent in 2013.104 In some countries, racial and ethnic inmates per 100,000 black males) Dutch prisons house detainees and minorities represent over 50 per cent of were more than nine times more likely convicted persons from more than the prison population.108 For instance, to be imprisoned than white males 100 countries.105 At the same time, 51.3 per cent of New Zealand’s prison (115 inmates per 100,000 white men). increasing numbers of nationals of population in 2012 were Maori, despite states are being held in prisons abroad. representing only 15.4 per cent of the general population, and 11.5 per cent RECOMMENDATION In September 2012, the mean were Pacific peoples.109 Countries should monitor the percentage of foreign nationals in representation of prisoners Council of Europe member states Black and minority ethnic groups from ethnic minorities and was 21 per cent and the median are disproportionately imprisoned in foreign nationals in order to 13 per cent.106 Some Middle Western Europe and North America. analyse whether sentencing Eastern countries also have very Almost three per cent of black policies or practices might be high proportions of foreign nationals male US residents of all ages were discriminatory and in order to (United Arab of Emirates 92 per cent imprisoned on 31 December 2013 develop specific measures to and Qatar 74 per cent).107 In many (2,805 inmates per 100,000 black meet their needs.

Health While trend data is scarce, it is well countrywide total of new cases, Thirteen European countries reported known that the prevalence of infectious with the relative risk of TB up to to the WHO in 2014 that some of their diseases such as HIV, other sexually 145 times greater in prison than laws, regulations or policies presented transmitted infections, viral hepatitis in the community.113 A 2012 study obstacles to effective HIV prevention, B and C, and tuberculosis among found wide regional variations in the treatment, care and support for key prison populations tends to be much provision of prison services for TB. populations and other vulnerable higher (up to 50 times) than in the Nearly 90 per cent of countries in subpopulations. People who inject community. HIV and tuberculosis (TB) Eastern Europe and Central Asia with drugs, sex workers, prisoners and affect prisons in all the regions of the grants from the Global Fund to Fight migrants were most often affected.115 world.111 The number of prisoners AIDS, Tuberculosis and Malaria had In low income countries, the infected with TB is estimated to be TB services for prisoners. However, challenges of meeting healthcare 4,500 in every 100,000. The World only one country in Southern Africa needs are enormous. Assistance in Health Organization considers 250 delivered a TB programme in implementing healthcare services in cases per 100,000 an epidemic.112 prisons.114 In many countries, there prison, such as those delivered by are serious shortfalls in measures In 2010, three European countries the NGO Health through Walls116 for to provide primary healthcare reported TB cases in prisons example, is therefore crucial in order incorporating health promotion, exceeding ten per cent of the to develop the capacity to provide prevention, diagnosis and treatment.

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Good governance The policy brief concludes, • include adequate provision amongst others, that prison with regard to hygiene, catering, for prison health health services must: space, heating, lighting, ventilation, physical activity In the face of frequent neglect • be at least of equivalent and social contacts; of the right to health of prisoners, professional, ethical and UNODC and the World Health technical standards to those • never be involved in the Organization analysed relevant applying to public health punishment of prisoners, but be studies on the health of prisoners, services in the community; provided exclusively to care for as well as sources of international prisoners; law, and identified and compiled • be fully independent of prison the legal and ethical requirements administrations, and yet liaise • be provided conscious of the for healthcare in prison in the 2014 effectively with them; higher burden of communicable and non-communicable disease publication ‘Good governance for • be integrated into national health of prisoners and in prison prison health in the 21st century: policies and systems, including compared to the general A policy brief on the organization training of healthcare staff; of prison health’. population.

prisoners with health services such Awareness is increasing about the RECOMMENDATION misuse of imprisonment of people as medical screening, treatment, and The performance of prison with mental health problems. In some discharge planning ensuring continuity health systems should be countries, prisons have become of care upon release. assessed against the right a ‘dumping ground’ for mentally ill The prevalence of poor mental health to health as enshrined in individuals, who for example make up among prisoners has been found international human rights almost half of Australia’s prisoners, to be considerably higher than in law and against standards of according to the Chair of the National the community, often exacerbated medical ethics,120 including full Mental Health Commission. He said by overcrowding, various forms of independence of prison health the management of such people in violence, isolation, lack of privacy staff from prison authorities. prison is costing taxpayers millions and of meaningful activity and by of dollars per year and the failure of inadequate health services, especially the country’s mental health services mental health services. Studies to cope with demand is absorbing as worldwide have shown that suicide much as 50 per cent of police time, rates in prisons are up to ten times with police estimated to detain one higher than those in the general mentally ill person every two hours. population.117 A recent UNODC The Commission in Australia states report suggests that suicide among that 38 per cent of the 29,000 people prisoners seems more frequent in entering prison have a mental illness, Europe compared to other regions, and one in three prisoners with a with suicide rates among prisoners mental illness has been in prison five averaging 62 per 100,000 and times or more.119 accounting for over 13 per cent of all deaths in prison.118

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PART FOUR Prison management

Responsibility for prisons Prisons fall under a variety of ministries Ministry. Some countries of the former in terms of continuity of care (‘through in different countries. In recent years Soviet Union have moved prisons to care’). This is the case for example in there has been a trend towards the Ministry of Justice while in others France, Australia, and more recently moving responsibility for prisons into the Ministry of the Interior has retained in the UK. International norms require the Ministry of Justice, in recognition control.* In many countries, the medical care in prison of an equivalent of the benefit of separating the legislative underpinning for the prison nature to that in the community functions of investigation and system is outdated, often extremely at a minimum – best achieved by prosecution on the one side, and of so. In parts of Africa and South Asia making part of the execution and supervision of criminal for example, colonial era laws are still responsibility of the Ministry of Health sanctions on the other. Experience on the statute books. rather than the prison system.121 In has also shown that rehabilitation the Council of Europe area, an expert While in most countries health in of offenders has a higher prospect group convened by the World Health prisons is still under the authority of of success if allocated to judicial Organization concluded that managing the ministry responsible for the prison authorities rather than to police, in part and coordinating all relevant agencies administration, there is currently a because of the different skills required and resources contributing to the trend to shift this responsibility to the for policing. health and well-being of prisoners is Ministry of Health. Indeed placing a whole-of-government responsibility; This is the situation in most of the health under the responsibility of and that health ministries should Americas, much of Africa and some the Ministry of Health has shown provide and be accountable for of Asia. In the Middle East, prisons are to bring positive results in terms of healthcare services and advocate more commonly part of the Interior access to healthcare in prisons and healthy conditions in prisons.122

Size and spending Prisons around the world vary across the island nation. Zambia has that to carry out a really effective enormously in size, nature and opened a prison for 1,500 built by a programme of rehabilitation, the function. There may however be a Chinese company.123 In Europe, which operational capacity of any correctional trend towards the building of larger has historically had smaller prisons, facility should never exceed one prisons. Between 2000 and 2005 in so‑called Titan prisons of 2,000 are thousand offenders. The UN Standard the USA, the 17 per cent increase in under fresh consideration in the UK Minimum Rules for the Treatment of the number of correctional facilities having been rejected some five years Prisoners state, in Rule 63 (3), that housing more than 2,500 prisoners ago.126 Russia is planning to open a the ‘number of prisoners in closed was higher than the increase in 4,000 place prison in St Petersburg in institutions should not be so large that smaller sized institutions although 2015 to replace the Kresty prison. the individualization of treatment is more recent data is not available. A hindered’ and that ‘in some countries One problem of large prisons is modern high security prison that can it is considered that the population of that detainees may be placed far accommodate a thousand prisoners is such institutions should not exceed from home and links with families – under construction in Melrose, central five hundred’.124 known to be important in achieving Mauritius. Currently, 2,700 inmates rehabilitation. Many experts consider are accommodated in nine prisons

* In Kazakhstan in 2002, responsibilities for prisons were transferred from the Ministry of Internal Affairs to the Ministry of Justice, implementing recommendations by the UN Committee against Torture. In 2011 however, authority for the penitentiary system was transferred back from the Ministry of Justice to the Ministry of the Interior.

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UN data shows that the median number of prison staff ranged from 115 per 100,000 of the general population in Canada and the USA to five per 100,000 in South Asia.

Prison guard coming into work from guard accommodation, Luzira women’s prison, Uganda. © Scott Langley 2014

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The average amount spent per day for the detention of one person varies Staffing in prisons ratios than those in Eastern and enormously. Among the 47 Council Central Europe. This may partly of Europe member states in 2011, Data from around the world reflect the tradition of cellular for example, in the countries where suggests great variation in the accommodation in Western and all of the costs of imprisonment are numbers of prison staff between Northern Europe, with fewer measured, Romania spent 15.6 Euros, different countries. Comparisons staff needed in establishments and Sweden 621 Euros. The median are not easy to make because comprising dormitories which spend fell by 8 Euros from 50 to 42 states count prison staff still characterise prisons in some between 2010 and 2011.125 differently; some include health, Eastern European countries. education and social workers as well as prison officers; others For other regions, data on staff may include personnel working numbers is collected by the UN in headquarters. It is true too although relatively few countries that different types of prisons provide it. In Africa, high Condition require different staffing levels. numbers of staff in South Sudan The size of a prison, the level of reflects a practice in post conflict of prison security it provides and the use situations of employing former of technology (such as CCTV combatants in government posts infrastructure cameras) all have an impact on including as prison officers. In the numbers of staff required. some other countries too, some Low and middle-income countries of the staff assigned to prison typically confine their prisoners in old UN data from the 2000s shows services may not necessarily be and dilapidated buildings. As well as that the median number of deployed full time in prisons. creating security risks and providing prison staff ranged from 115 per Leading international athletes inadequate facilities, such buildings 100,000 of the general population are, for example, employed by can be highly dangerous in terms of in Canada and the USA, to five prison services in several East fire risks. The fire in Honduras which in South Asia. This data takes African countries. The data killed more than 300 prisoners in 2012 no account of the numbers of from the Americas shows less is the worst but by no means the prisoners however. variation than other regions only example of fires in prisons in The Council of Europe publishes although the low numbers of the region. data on prison staff numbers staff per prisoner in Peru is The Organization of American and the ratio of inmates to illustrative of the prevalence States has found that ‘the complex different categories of staff. of prison settings in which problems bedevilling our prison While the Council of Europe data prisoners play a substantial systems manifest themselves in the must be treated with caution role in the governance of the form of overcrowding, protracted because some of it relies on establishment. As with the preventive detentions, inmate health, estimates, countries in Western Americas data, variation between the anaemic support that alternatives and Northern Europe generally Asian countries reflects different to incarceration enjoy, poorly trained have significantly better staffing models of imprisonment. prison officials and personnel and inadequate programmes in social rehabilitation and reintegration’.127 An analysis of prisons in Africa their responsibility to provide detainees condemned by the Correctional found that ‘many are in a deficient with the most basic services necessary Investigator.134 In the Australian state condition and their practices are at for survival, let alone for a dignified of Victoria, prisoners have been odds with human rights standards’.128 existence or what human rights moved into shipping containers.135 Few African states have maintained instruments call an “adequate standard Colombia has seen industrial action and added prison capacity post- of living”’.131 by prison staff demanding better pay independence with the result that and conditions.136 The global economic crisis appears many are now beyond repair and fail to programmes have been threatened to have had a deleterious impact meet minimum requirements generally in the USA.137 on prison conditions. In Europe, the accepted today.129 UK government is looking to reduce In Europe, the European Committee substantially the amount spent on RECOMMENDATION for the Prevention of Torture (CPT) prisons so that they are ‘spartan but In low income countries there has found that conditions of detention humane’.132 Reduced staffing has led is a need to develop low cost remain wretched in numerous to increases in suicides, self-harm and low technology solutions establishments of various types in the and assaults.133 In Canada double to infrastructure problems. Work Council of Europe region.130 The UN bunking of federal prisoners in cells on prison infrastructure and Special Rapporteur on Torture has designed for one person will continue design has been undertaken by found in his fact-finding missions to across Canada for several years, the ICRC138 and UNOPS.139 many countries in different regions according to briefing documents of the world ‘that police and prison prepared for the Public Safety Minister, authorities simply do not regard it as even though the practice has been

22 | Penal Reform International | Global Prison Trends 2015 GLOBAL PRISON TRENDS SPECIAL FOCUS 2015

DRUGS AND IMPRISONMENT The enforcement of drug laws has major implications for the use and practice of imprisonment the world over. This special feature seeks to map out the various ways in which a country’s drug policy impacts on its prisons.

Pull-out section SPECIAL FOCUS: DRUGS AND IMPRISONMENT

In March 2016 the UN General Assembly will hold a special session on drugs, the first for 20 years. This provides an opportunity to rethink the best ways to regulate narcotic drugs and to limit the role of criminal punishment to grave crimes. International conventions require drug offences to be punishable and the most serious crimes to be ‘liable to adequate punishment particularly by imprisonment or other penalties of deprivation of liberty’.1 Treatment, as an alternative to prison, is however mentioned in many provisions of the conventions alongside education, after-care, rehabilitation and social reintegration, clearly indicating that ‘abusers of drugs’ do not need to be criminally punished.

Drugs and the use of prison The so-called ‘war on drugs’ has comprise 83 per cent of total global establishing vast illegal economies resulted in the prosecution of drug‑related offences.5 Moreover that significantly weaken the State’.9 drug offences in many countries the vast majority of traffickers in They also include property crimes with lengthy sentences for those prison are low-level offenders. committed by people dependent involved in trafficking, but also for on drugs who require funds to feed Research suggests that punishment use and possession of narcotics. their addiction. Reliable statistics has a limited impact upon reducing In most US states possession are not available about the numbers illicit drug use, with countries is classed as a felony leading to of these categories but crimes which impose severe penalties harsh prison terms which in many triggered by drug-related activities for possession and personal cases are mandatory2. Recent account for a particularly large consumption of drugs no more figures show that in England and proportion of prisoners in Latin likely to deter drug use in the Wales in 2013‑14 almost 2,000 America. community than countries imposing people received immediate prison less severe sanctions.6 There is also evidence that many sentences for possessing Class C A recent survey conducted by crimes are committed under the drugs which include tranquillisers, the UK government found that influence of drugs or alcohol. A valium and anabolic steroids.3 ‘evidence from other countries recent study of more than 7,000 People charged with or convicted show that levels of drug use are prisoners in Latin America found of offences related to the prohibition influenced by factors more complex that 31 per cent of inmates of drugs represent a sizeable and nuanced than legislation and consumed alcohol or drugs before proportion of people in prison both enforcement alone’.7 committing the crime for which he awaiting trial and serving sentences, or she was incarcerated.10 Evidence also shows that a high in many countries. These offences rate of relapse to drug use, drug comprise on the one hand the Gender disparity overdose and recidivism among cultivation, production, sale and drug dependent individuals after Prison statistics show that a higher trafficking of illegal drugs and on they are released from prison, percentage of women than of men the other hand, their possession especially if there are no linkages are in prison for drug offences. and use. It has been estimated to community services and no that expenditure by EU countries A 2012 study revealed that more continuum of care.8 on drug law offenders in prisons is than one in four women in European within the range of EUR 3.7 billion In addition to offences related and Central Asian prisons were to EUR 5.9 billion.4 to the production, sale or use of imprisoned for drug offences.11 illegal drugs, in many parts of the A 2013 UNODC study suggests In many Latin American countries world large numbers of prisoners that offences related to drug such as Argentina (68.2 per cent) are charged with or convicted of possession currently comprise more Costa Rica (70 per cent) and Peru other crimes whose commission than eight out of ten of total global (66.38 per cent) the rates are higher is in some way connected to drug‑related offences. The study still.12 In Ecuador, 77 per cent of illegal drugs. These include violent states that the global increase in women in prison were incarcerated crimes committed by drug gangs drug-related crime is driven mainly for drug offences compared to and organised criminal groups by a rising number of offences 33.5 per cent of the male prison which, according to the UN High related to drug possession, population.13 The gender disparity Commissioner for Human Rights particularly in Europe and Africa. has been attributed to the greater have in the worst cases ‘corrupted As a result of such trends, offences ease with which low‑level crimes significant State institutions (…) related to drug possession currently can be prosecuted.14 creating a climate of impunity, and

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Percentage of prisoners in selected jurisdictions whose main Research also suggested that more offence relates to the sale or possession of drugs; and the serious offenders, mainly male, percentage of prisoners estimated to be drug users escape imprisonment or have their sentences reduced by entering plea-bargaining deals and providing assistance to the prosecution, Percentage of Whose main Who are which women are usually unable prison population offence is a drug users15 to provide.20 drug offence Drug offences and EUROPE16 the death penalty Although the death penalty for drug Bulgaria 6.2 21.6 offences is non-compliant with Croatia 22.4 17.3 international law, it is retained by Denmark 22.1 8 33 countries. Around 1,000 people are executed every year as a result. France 13.9 – In 2013, the death penalty was Germany 14.1 33 used for drug-related offences in Iceland 21.4 – a number of countries, including China, Indonesia, Iran, Laos, Ireland 19.6 – Malaysia, Pakistan, Qatar, Saudi Italy 38.8 23.9 Arabia, Singapore, Thailand, UAE, 21 Latvia 14.3 17.7 Viet Nam and Yemen. Netherlands 14 57 900 prisoners awaiting execution in Malaysia in October 2012 were drug Portugal 20.6 – offenders.22 In October 2014, 111 Romania 4.2 2 prisoners on in Pakistan 23 Russia – 14.8 were drug offenders. Spain 25.8 – In some States, ethnic minorities and marginalised groups living Sweden 20.6 42 in poverty are disproportionately Ukraine 14.9 – targeted by drug enforcement efforts.24 Statistics also show that AMERICAS17 very large proportions of foreign nationals in prison are charged Argentina Federal 33 Federal 64.4 with or convicted of drug related Bolivia 45 – offences particularly trafficking. Brazil 19.2 – Drug law enforcement also disproportionately impacts on Canada 16.2 (15.7m, 26.3f) 56.7 minorities. In the USA, African Colombia 17 – Americans make up 13 per cent Ecuador 34 33.9 of the population. Yet they account for 33.6 per cent of drug arrests Peru 23.8 – and 37 per cent of people sent Trinidad and Tobago 35 – to state prison on drug charges. USA states 16.8 (16.2m, 25.1f) – Black people are 3.7 times more likely to be arrested for marijuana USA Federal 49 – possession than white people despite comparable usage rates.25 AFRICA18 Similar racial disparities have been observed elsewhere including the South Africa 2.9 – UK, Canada and Australia.26

ASIA-PACIFIC19

Australia 12 70 Indonesia – 70 New Zealand 10 5.5 Thailand 65 (82f) –

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Alternatives to prison from drugs. This may include centres, including some 235,000 talking therapies, and/or the people in China and South East A variety of alternatives to use of substitution drugs which Asia.30 UN monitors found a imprisonment have been developed reduce the harms associated with treatment facility in Brazil to be to deal with offenders who have sharing of needles and provide more like a prison than a hospital, problems with drug dependency. an opportunity to recover from ‘as evidenced by the architecture Specialist drug courts have addiction. In the USA and a variety of this facility and by the fact that proved successful in reducing of other countries, specialist drug patients had to keep their heads recidivism, for example in the courts oversee such programmes.28 down and their hands behind USA by promoting recovery from Promising results have been their backs when walking through 27 addiction. Their sanctions provide obtained by the HOPE Probation the facility and when talking to a judicially supervised programme programme in Hawaii.29 This staff’.31 Inadequacies of informal of substance dependency treatment has shown that imposing swift, rehabilitation centres in Peru were and other services, aiming to certain but moderate sanctions exposed by two deadly fires in 2011 address not only an individual’s on offenders who fail to comply and 2012.32 immediate offence, but their with the terms of their probation In March 2012, 12 UN agencies longer-term reintegration into the supervision reduces re-offending called on states to close community, thereby helping to and increases rates of recovery. prevent reoffending. compulsory drug detention and In some countries, particularly rehabilitation centres and implement Community based alternatives can in South East Asia, residential voluntary, evidence-informed and include various forms of treatment alternatives may be little different rights-based health and social combined with regular drug testing to imprisonment. Many people are services in the community.33 to ensure that offenders abstain held in mandatory ‘drug detention’

Drugs and the management of prisons The often large numbers of Apart from the general pressures therapy – is extremely limited, non- prisoners with drug problems and/ resulting from overcrowding there existent or banned. Where these or involved in drug trafficking pose are a number of specific challenges measures have been introduced, a wide range of challenges for arising from the over-incarceration levels of disease have fallen among prison administrators. Various of drug related offenders. prisoners, for example in Moldova.40 studies have indicated that the Prisons can become effective Failure to provide healthcare and percentage of people in prison who vehicles for spreading drug use harm-reduction programmes for have a drug problem ranges from because it is easy for drug users to drug injecting users facilitates 40 to 80 per cent and drug use establish social relationships and transmission of diseases such amongst offenders entering prison pass on their drug habit.37 Boredom as HIV and hepatitis C.41 Unsterile is on the increase.34 The constantly and lack of constructive activities injection equipment is often shared changing nature of psycho-active in prisons can also increase the in the absence of the provision substances, some legal others likelihood of drug use. of needles and syringes, which not, adds a further dimension are available in perhaps 60 out of complexity to the problem. There is evidence that many of 10,000 prisons worldwide.42 In prisoners initiate injecting drugs for Harsh drug laws have led to Mauritania in 2012 there was an the first time in prison.38 Between sharp increases in the number of estimated HIV prevalence of 24.8 three and five per cent of women prisoners who are detained before per cent among prisoners, 40 per prisoners surveyed in 2014 in trial and serve their sentences in cent of whom inject drugs.43 The Jordan and nine per cent in Tunisia accommodation which is often number of HIV positive prisoners in stated that they started using drugs wholly inadequate in terms of Romania increased six fold between or alcohol while in detention.39 space and facilities. A report on the 2008 and 2013.44 Attention has also Americas concluded that ‘prisons Health challenges been drawn to the unacceptable not only fail to rehabilitate, but high number of deaths of prisoners often serve as shelters from which Health challenges arise from from overdose in the immediate criminals continue to operate’.35 the fact that people who inject post release period.45 Access A study in East Africa found that drugs often continue drug use to substance abuse treatment ‘the rehabilitation mandate of inside prison. programmes, in many countries, prisons is difficult to achieve in is discriminatory towards women, In many countries, access to an environment where inmates available only in men’s prisons46 or proven harm-reduction measures abuse drugs and substances; in less advantageous conditions – including syringe exchange this is because cases of inmate (eg without a separate ‘clean zone’).47 programmes and opiate substitution ‘indiscipline and infractions rise’.36

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Safety and violence Trends in policy and practice Reducing penalties for drug use can have unintended In many countries, drugs are There is a growing recognition that consequences however. In Brazil, smuggled into prison by visitors, drug use should be treated as a the ‘depenalisation’ of drug use businesses which come to the public health rather than a criminal appears to have led to more users 48 prison, or during trips to court. justice problem. In its World Drug being charged with trafficking There is evidence from a number Report 2012, UNODC suggested offences for which sentences were of countries that drugs are sold rebalancing drug control policy increased. This, in turn, is one of to prisoners by, or with the through alternative development, the main factors behind the increase corrupt approval or involvement prevention, treatment and in Brazil’s prison population in 60 of staff and even cultivated inside fundamental human rights. recent years.74 prisons.49 For example, illegal drug According to the UNODC, treating sales and use are widespread in A small number of countries are drug use as a public health prisons in Guatemala.50 The use looking to toughen responses to issue and reducing the use of and manufacture of illicit drugs in drug possession eg Bulgaria75 and imprisonment is entirely consistent prisons is a serious problem others to increase sentences for with international conventions.61 in Indonesia.51 trafficking eg the Australian state The Executive Director told the 2014 of Victoria.76 In some countries, the buying and Commission on Narcotic Drugs that selling of drugs forms part of a ‘a public health response to the More deep seated reforms to the black market inside prisons.52 The drug use problem should consider regulation of drugs are underway rivalries triggered thereby frequently alternatives to penalization and in a number of countries. lead to lethal violence within incarceration of people with use Twenty‑one US states and the prisons. The problem is most acute disorders’.62 District of Columbia have legalised in so called self-governing prisons, marijuana for medical use. Colorado The UN High Commissioner for for example in Latin America, and Washington have allowed Human Rights has also stated where leaders of drug gangs the sale and use of marijuana for that it is ‘possible, and consistent are often in effective control of recreational use. Several other with current international drug prisons. Corruption, overcrowding, states, including Oregon and control treaties, to re-frame , alcohol and drug Alaska, are expected to vote on some drug‑related conduct as addiction, and lack of security legalising recreational marijuana administrative offences, followed combine to produce life threatening within the next year.77 In December with a social and medical 53 2013 Uruguay became the first conditions. 63 response’. country in the world to make it In Denmark’s Ringe Prison where As a consequence a number of legal to grow, sell and consume up to 75 per cent of inmates have a countries have introduced a less marijuana.78 substance abuse problem, monitors repressive approach, particularly to were told that drugs were available the possession of small quantities on the accommodation wings and RECOMMENDATION of drugs. For example, Georgia,64 their use and trade were linked to In light of the growing Italy,65 Malta,66 Slovakia,67 Dubai,68 violent incidents.54 An inspection of acknowledgement of The Gambia,69 Jamaica,70 Ecuador71 a in Liverpool in the the unintended negative and Japan72 have reduced or are UK found that ’gang issues and the consequences of the ‘war on planning to reduce the severity of availability of drugs, particularly new drugs’ and the recognition the criminal justice response to psychoactive substances (so-called that treatment and drug users. ‘legal highs’ such as ‘Spice’ and rehabilitation of illicit drug ‘Black Mamba’), were a significant In August 2013, the US Attorney users are more effective than factor in much of the violence’.55 General instructed federal imprisonment, drug policies prosecutors to stop charging many should be reviewed. Attempts to assert control over drug non-violent drug defendants with problems can lead to unrest and offences that carry mandatory even riots.56 minimum sentences. More recently, In order to gain control, prison the Justice Department has authorities often attempt to encouraged more applications for keep convicted drug traffickers clemency by such offenders and apart from the rest of the prison the US Sentencing Commission population. This strategy is used in voted to lower substantially its many prisons in Brazil57 and is being recommended sentences for planned in Thailand.58 In Turkey drug drug dealers, and has made this offenders are held in high security retroactively applicable to 46,000 prisons where many are held in prisoners, whose sentences would isolation with consequent damage be cut by an average of 25 months. to their physical and psychological Prisoners will not be released before well-being.59 November 2015 and the releases are to be phased in over a period of years.73

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Endnotes

1 Article 36, The Single Convention on http://www.publicsafety.gc.ca/cnt/rsrcs/ 30 Amon, JJ et al, ‘Compulsory drug detention Narcotic Drugs (1961) as amended by pblctns/crrctns-cndtnl-rls-2013/crrctns- in East and Southeast Asia: Evolving its Protocol of 1972; the Convention on cndtnl-rls-2013-eng.pdf. For US states, government, UN and donor responses’, Psychotropic Substances (1971); and the Prisoners in 2012 – Advance Counts by International Journal of Drug Policy, United Nations Convention against Illicit E Ann Carson and Daniela Golinelli, BJS 25, 2014, pp13–20. http://idhdp.com/ Traffic in Narcotic Drugs and Psychotropic Statisticians, http://www.bjs.gov/content/ media/1083/compulsory-drug-detention-in- Substances (1988). pub/pdf/p12ac.pdf. For US Federal, see east-southeast-asia.pdf . drugabuse.net/drug-policy/penalties-for- www.bop.gov/about/statistics/statistics_ 31 Report on the visit of the Subcommittee drug-abuse/, . inmate_offenses.jsp. For Trinidad, see http:// on Prevention of Torture and Other Cruel, ttprisons.com/2013/portfolio-view/statistics- 3 UK Ministry of Justice, Drugs: Misuse, http:// Inhuman or Degrading Treatment or convicted-inmates-by-nationality/#!prettyPh Punishment to Brazil, CAT/OP/BRA/1, 2012. www.theyworkforyou.com/wrans/?id=2014- oto[gallery]/1/ 09-09.208713.h&s=drugs#g208713.r0 . 32 Colectivo de Estudios Drogas y Derecho . (CEDD), In search of rights: drug users and 18 Data for South Africa, see RSA state responses in Latin America, 2014. 4 European Monitoring Centre for Drugs and Department of Correctional Services Drug Addition, Estimating public expenditure at http://www.dcs.gov.za. 33 Compulsory drug detention and rehabilitation on drug-law offenders in prison in Europe, centres, Joint statement by UN bodies, February 2014. 19 Data for Australia from Australian March 2012, http://www.unaids.org/en/ Bureau of Statistics, http://www.abs. 5 UNODC, World crime trends and emerging media/unaids/contentassets/documents/ gov.au/ausstats/[email protected]/Lookup/ document/2012/JC2310_Joint%20 issues and responses in the field of crime by%20Subject/4517.0~2013~Main%20 prevention and criminal justice, 2013. Statement6March12FINAL_en.pdf, Features~Most%20Serious%20Offence%20 . 6 UNODC, From coercion to cohesion: Treating or%20Charge~16; for Indonesia, see drug dependence through health care, not ‘Drug Use, New Drugs Swell as Institutions 34 UNODC/Treatnet, Drug dependence punishment, Discussion Paper, New York, Flounder’, Jakarta Globe, 29 November treatment: Interventions for drug users 2010. 2013, http://www.thejakartaglobe.com/ in prison, p11. 7 UK Home Office, Drugs : International news/drug-use-new-drugs-swell-as- 35 Organisation of American States, The drug comparators, October 2014, https://www. institutions-flounder; for New Zealand, see problem in the Americas, 2013, p82. gov.uk/government/uploads/system/ Statistics New Zealand, ‘New Zealand’s 36 Onyango OJ, ‘The challenges facing uploads/attachment_data/file/368489/ Prison Population, http://www.stats.govt. rehabilitation of prisoners in Kenya and DrugsInternationalComparators.pdf, nz/browse_for_stats/snapshots-of-nz/ the mitigation strategies’, International . yearbook/society/crime/corrections.aspx; Journal of Research in Social Sciences, and for Thailand, 32nd Asian and Pacific 8 UNODC 2010, From coercion to cohesion. June 2013. Vol. 2, No.2, http://www.ijsk.org/ Conference of Correctional Administrators, uploads/3/1/1/7/3117743/criminology_6.pdf, 9 UN High Commissioner for Human Rights, October 2012, http://www.apcca.org/ . 16 June 2014, http://www.ohchr.org/ uploads/APCCA_Report_2012_Brunei.pdf. 37 UNODC, World Drug Report 2012, preface iii. EN/NewsEvents/Pages/DisplayNews. . aspx?NewsID=14712&LangID=E, . prisons and detention’. Journal of women, A/68/340, para. 26. 10 ‘Over half of inmates are under 32-years- the International AIDS Society, 2011; 21 Amnesty International, Death sentences old’, Buenos Aires Herald, 9 September 14:26, http://www.ncbi.nlm.nih.gov/pmc/ and executions, 2013. 2014, http://www.buenosairesherald.com/ articles/PMC3123257/, . under-32yearsold . Times, 20 October 2012, http://www.nst. prisoners? Survey results from Jordan and com.my/latest/possible-moratorium-on- 11 Cause for Alarm: The Incarceration of Tunisia, 2014. death-sentence-pending-govt-s-final- Women for Drug Offences in Europe and 40 UN Secretary General‘s Special Envoy on decision-1.159690, . Sentencing Reform, Eka Iakobishvili, Harm Asia, ‘Is Moldova Leading the World on Harm Reduction International, March 2012. 23 ‘Britain urged to suspend aid to Pakistan Reduction in Prisons?’, Huffington Post blog, as hangings loom’, The Daily Telegraph, 23 12 Global Commission on Drug Policy, Counting 2 May 2014, http://www.huffingtonpost.com/ October 2014, http://www.telegraph.co.uk/ the costs of over half of century of the ‘war michel-d-kazatchkine/is-moldova-leading- news/worldnews/asia/pakistan/11181240/ on drugs’, 2014. the-wo_b_4731043.html, . 13 Report to the UN General Assembly by as-hangings-loom.html . women, Rashida Manjoo, Pathways 16 June 2014. 24 UN High Commissioner for Human Rights, to, conditions and consequences of 42 Prison needle exchange programs 16 June 2014. incarceration for women, 21 August 2013, rare despite evidence, HCV Research A/68/340, para. 26 25 ‘New ACLU Report Finds Overwhelming and News, 29 October 2013, http:// Racial Bias in Marijuana Arrests’, ACLU 14 Cornell Law School’s Avon Global Center hepatitiscresearchandnewsupdates. website, 4 June 2013, https://www.aclu.org/ for Women and Justice and International blogspot.co.uk/2013/11/prison-needle- criminal-law-reform/new-aclu-report-finds- Human Rights Clinic, Ministry of Defence of exchange-programs-rare.html, . . School International Human Rights Clinic, 43 Joint United Nations Programme on HIV/ Women in Prison in Argentina: Causes, 26 Global Commission on Drug Policy, Counting AIDS, Global report: UNAIDS report on the Conditions, and Consequences, 2013, p15. the costs, 2014. global AIDS epidemic 2013. 15 Unless otherwise stated, all data in Column 27 Mitchell O et al, ‘Assessing the effectiveness 44 ‘HIV explosion in Romanian prisons: drug 2 is taken from the UNODC 2014 World of drug courts on recidivism: A meta-analytic users are the most affected population’, Drug Report Annex 1, https://www.unodc. review of traditional and non-traditional drug International Drug Policy Consortium, org/documents/wdr2014/World_Drug_ courts’, Journal of Criminal Justice, 40, 2012, 16 September 2014, http://idpc.net/ Report_2014_web.pdf, . sites/default/files/documents/Assessing_ prisons-drug-users-are-the-most-affected- Efectiveness.pdf . 2015>. countries from SPACE 1 Statistics 45 World Health Organization Europe, 2012, http://www.coe.int/t/DGHL/ 28 For example, Government of Jamaica, Preventing overdose deaths in the criminal- STANDARDSETTING/PRISONS/PCCP%20 Drug Court (Treatment and Rehabilitation, justice system, 2014. etc.) Act, http://moj.gov.jm/laws/drug- documents%202014/Council-of- 46 Harm Reduction International, The global court-treatment-and-rehabilitation-etc-act, Europe_SPACE-I-2012-E_Final_140507.pdf state of harm reduction 2012: Towards an . . integrated response, 2012, p129. 29 See http://hopehawaii.net/ . Transnational Institute, System overload: are women prisoners? Kazakhstan and Drug laws and prisons in South America, Kyrgyzstan, 2014, p17; and Penal Reform 2010: http://druglawreform.info/en/ International, Women in prison in Russia: publications/systems-overload. For Canada at a glance, 2010. from Public Safety Canada, Corrections and conditional release: Statistical overview, Table C15, 2013,

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48 Report on the visit of the Subcommittee 57 US Department of State, 2013 Human Rights 69 ‘Gambia reduces penalties For cannabis on Prevention of Torture and Other Cruel, Reports: Brazil. possession’, Jollofnews, 27 August Inhuman or Degrading Treatment or 58 ‘Prison chief calling for overhaul’, Bangkok 2015, http://www.jollofnews.com/index. Punishment to Honduras 2009, Post, 1 September 2014, http://www. php/national-news/health/511-gambia- CAT/OP/HND/1. bangkokpost.com/news/local/429778/ reduces-penalties-for-cannabis-possession, 49 For example, see Pakistan, Reimagining prisons-chief-calling-for-, . incarceration, 7 September 2014, http:// 27 January 2015>. 70 ‘Jamaica considers marijuana legalisation www.dawn.com/news/1130024 ; Argentina Report of the reforms’, The Journal of the Turkish Weekly, 2015, http://www.bbc.co.uk/news/world- visit of the Subcommittee on Prevention 19 April 2014. http://www.turkishweekly.net/ latin-america-30926714, . Degrading Treatment or Punishment to for-prison-reforms.html, . Ecuador, http://reformdrugpolicy.com/ Report of the visit of the Subcommittee 60 UNODC, World Drug Report 2012. beckley-main-content/new-approaches/ on Prevention of Torture and Other Cruel, future-directions-for-drug-policy-reform/latin- Inhuman or Degrading Treatment or 61 Commission on Narcotic Drugs, 3rd Informal america/ecuador-2/, . CAT/OP/MEX/1. of the Scientific Consultation Working Group conclusions on drug policy, health and 72 ‘Reducing rate of recidivism’, The Japan 50 US Department of State, 2013 Human Rights Times, 8 July 2013, http://www.japantimes. Reports: Guatemala. human rights, 12 March 2014, http://www. cndblog.org/2014/03/3rd-informal-civil- co.jp/opinion/2013/07/08/editorials/reducing- 51 US Department of State, 2013 Human Rights society-hearing_3797.html and Demand rate-of-recidivism/#.UdvU4jusjTo, . 52 For example, ‘Corruption fuelling black http://www.cndblog.org/2013/03/demand- 73 ‘Early release for thousands of drug markets in Guatemala prisons’, InSightCrime, reduction-round-table.html, . http://www.bbc.co.uk/news/world-us- org/news-briefs/corruption-fueling-black- 62 UNODC, Remarks of the UNODC Executive canada-28380649, . profits on offer in El Salvador prison Implementation of the Political Declaration 74 Boiteux L, ‘Drugs and Prisons: The economy’, InSightCrime, 7 January 2014, and Plan of Action on International repression of drugs and the increase of http://www.insightcrime.org/news-briefs/ Cooperation towards an Integrated and the Brazilian penitentiary population’, in huge-profits-on-offer-in-el-salvador- Balanced Strategy to Counter the World Systems Overload – Drug laws and prisons prison-economy; Mexico’s drug traffickers Drug Problem, 13 March 2014. in Latin America, 2010, http://www.wola.org/ continue trade in prison, The New York sites/default/files/downloadable/Drug%20 Times, 10 August 2009, http://www.nytimes. 63 UN High Commissioner for Human Rights, 16 June 2014. Policy/2011/WOLATNI-Systems_Overload- com/2009/08/11/world/americas/11prisons. brazil-def.pdf html?pagewanted=all&_r=0; ‘Corruption 64 ‘Georgia: Tbilisi Struggles with Drug-Policy rampant in Peru’s prison system’, 31 Reform’, Eurasianet.org, 3 June 2014, http:// 75 ‘NGOs slam ‘dangerous shift’ in drug January 2012, Peru this Week, http:// www.eurasianet.org/node/68434, . The Sofia Globe, 23 January 2014, http:// sofiaglobe.com/2014/01/23/ngos-slam- rampant-in-perus-prison-system-11473. 65 ‘Italy court strikes down drug law blamed . dangerous-shift-in-drug-policy-in-bulgarias- for prison crowding’, Reuters, proposed-penal-code/, . Human Rights Reports: Mexico. com/article/2014/02/12/us-italy-drugs-law- 76 ‘Attorney-General Robert Clark lifts jail terms 54 Report on the visit to Denmark carried out by idUSBREA1B1FF20140212, . for major crimes’, The Age Victoria, 3 April the European Committee for the Prevention 2014, http://www.theage.com.au/victoria/ of Torture and Inhuman or Degrading 66 ‘Drug decriminalisation options being looked attorneygeneral-robert-clark-lifts-jail-terms- Treatment or Punishment (CPT), February at’, The Times of Malta, 8 December 2013, for-major-crimes-20140402-35yw4.html, 2014, CPT/Inf (2014) 25. http://www.timesofmalta.com/articles/ . view/20131208/local/Drug-decriminalisation- 55 Report on an unannounced inspection 77 ‘US drug enforcement official: legalising of HMP Altcourse by HM Chief Inspector options-being-looked-at.498012, . marijuana threatens US institutions’, The of Prisons (UK), June 2014, http://www. Guardian, 4 March 2014, http://www. justiceinspectorates.gov.uk/hmiprisons/wp- 67 Sentencing for drug offences, The Slovak theguardian.com/world/2014/mar/04/us-dea- content/uploads/sites/4/2014/10/Altcourse- Spectator, 11 March 2013, http://spectator. marijuana-congress-threatens-institutions, 2014-web.pdf, . sme.sk/articles/view/49338/2/sentencing_ . 56 ‘Drug seizure causes in Vietnam’, for_drug_offences.html, . 78 ‘Uruguay becomes first nation to legalise Thanh Nien News, 17 April 2014, http://www. marijuana trade’, BBC website, 11 December thanhniennews.com/society/drug-seizure- 68 ‘Dubai police reiterate amnesty for drug 2013, http://www.bbc.co.uk/news/world- causes-prison-riot-in-vietnam-25415.html; addicts seeking treatment’, ArabianBusiness. latin-america-25328656, . Times Live South Africa, 19 April 2013, http:// arabianbusiness.com/dubai-police- www.timeslive.co.za/thetimes/2013/04/19/ reiterate-amnesty-for-drug-addicts-seeking- prisoners-up-in-arms-over-forced-haircuts, treatment-560813.html, . January 2015>.

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Penal Reform International 60–62 Commercial Street London E1 6LT United Kingdom +44 (0) 20 7247 6515 www.penalreform.org Twitter: @PenalReformInt PRISON MANAGEMENT

Review of the UN only the text considered to be the 6. the right of access to legal most outdated. The nine areas representation Standard Minimum under review are: 7. complaints and independent Rules for the Treatment 1. respect for prisoners’ inherent inspection of Prisoners dignity and value as human 8. the replacement of outdated beings terminology At the time of writing, three 2. medical and health services 9. training of relevant staff Inter-Governmental Expert Group to implement the Standard meetings (IEGMs) have been held 3. disciplinary action and Minimum Rules. to discuss the revision of the UN punishment, including the Standard Minimum Rules for the role of medical staff, solitary Resolutions relating to the review, Treatment of Prisoners (SMR). confinement and reduction both at the level of the UN Crime of diet Commission and the UN General The revision process was initiated 4. investigation of all deaths Assembly, have repeatedly by a resolution of the UN General in custody, as well as any pledged that ‘any changes to the Assembly in December 2010 signs or allegations of torture Rules should not lower any of the (res 65/230) and aims to bring or inhuman or degrading existing standards’. the Rules into line with modern treatment of prisoners human rights and criminal justice A first set of provisions was standards and good practice. 5. protection and special needs negotiated at the third IEGM in of vulnerable groups deprived March 2014, and a fourth Inter- The approach taken is one of of their liberty, taking into Governmental Expert Group ‘targeted revision’, which will consideration countries in meeting will take place in March leave the structure and most of difficult circumstances 2015 in Cape Town, hosted by the the Rules unchanged and review government of South Africa.

Security issues and violence The mortality rate in prison settings Some former Soviet Union countries staff were allegedly responsible for (which includes both deaths from still struggle with a division between 49 per cent of reported incidents. natural causes and those resulting the ‘red’ prisons, run by prison Prosecution for crimes committed from external causes) tends to be authorities, and the ‘black’, de facto by staff is extremely rare. Over three higher than the rate for the general administered by inmates. In his report quarters of staff responsible for sexual population.140 on Ghana, the UN Special Rapporteur misconduct were allowed to resign on Torture observed prisoner-on- before an investigation concluded or Prisons in many countries are places prisoner violence being committed by were dismissed. Around 45 per cent of violence, where assaults by staff and certain prisoners designated by the were referred for prosecution but only by fellow prisoners are commonplace. authorities as ‘black coats’.142 one per cent of perpetrators were Gang related violence is a particular convicted. The US government has problem in Latin America. For example, Violence in institutions for teenagers has warned states that they may lose 506 people were killed in Venezuelan been identified as a particular problem some federal funding if they do not prisons in 2013, down by 14 per in Europe and the Council of Europe is take steps to detect and reduce sexual cent from 591 in 2012, according to working on a recommendation outlining assaults of prisoners.143 the Venezuelan Prison Observatory. best practices. The head of the Observatory said as A particular challenge is posed by the In some countries, cellular many as 6,163 prisoners have been management of prisoners who hold accommodation is being introduced to murdered and 16,208 injured since extreme views including those who replace dormitories so that vulnerable 1999. Rates of homicide appear to be have been charged with or convicted prisoners can be better protected from a greater problem in the Americas than of terrorist offences. As the Global violence. Isolating prisoners of course in Europe, where suicide appears to be Counter Terrorism Forum has noted, brings other risks. the main non-natural cause of death there is an increasing focus on prisons of inmates. In the seven countries Allegations of sexual abuse in US in efforts to tackle violent extremism. in the Americas for which data was prisons are increasing according to This is because first ‘prisons may collected by UNODC in 2014, the a Department of Justice study. The provide a “safe haven” where terrorists homicide rate among prisoners report found that between 2009 can network, compare and exchange (56.7 per 100,000 prisoners) is three and 2011 administrators reported tactics, recruit and radicalize new times higher than the homicide rate about 25,000 allegations of sexual members, and even direct deadly for the general population (on average victimisation in prisons, jails and other operations outside the prison. 19.1 per 100,000 population).141 adult correctional facilities. Prison

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Second, most imprisoned extremists The Forum has identified 25 good and categorisation of prisoners. will eventually be released. In order practices for developing rehabilitation While in many low income countries, to reduce the likelihood that these programmes for such prisoners the lack of infrastructure makes this individuals will return to terrorism after but as yet evidence is lacking difficult, Nigeria, for example, is looking their release, it is essential to find ways about the effectiveness of so-called to improve the way prisoners are to help them disengage from violent de‑radicalisation. One of the good classified.145 activities’.144 practices involves proper assessment

Post-conflict countries Particular challenges face prisons in operations but the resources recruitment and training of staff and post-conflict and fragile states where available to bring about necessary on improving the operation of the wider the physical infrastructure may have improvements to infrastructure, criminal justice system. For instance, been destroyed and criminal justice development of law and policy and DPKO has reported that in the Central often fails to function leaving vast training of staff are in many cases African Republic there was at the end numbers of detainees, including former insufficient. of 2013, only one operational court,152 combatants, awaiting trial for long while in South Sudan, more than After conflict or natural disasters, periods. For example, 14 out of 59 400 court judgments were rendered prisoners almost always face prisons in Mali were destroyed in the by six mobile courts supported by conditions of gross overcrowding. 2013 conflict and the prison population the UN Mission during the course of The holding space per detainee at the of 2,000 in Libya at the end of 2013 the year.153 National Penitentiary in Port au Prince, comprised fewer than 500 convicted Haiti, for example was just 0.62 square Training of prison staff is a particular prisoners, the vast majority awaiting metres at the end of 2013.149 As well priority in circumstances where former trial.146 There have been several as gross overcrowding, there are risks combatants are recruited in order to examples of mass break-outs from of other human rights violations in encourage their integration into society prisons due to invasions from outside prisons in post conflict countries. For after the cessation of hostilities. or to corruption within.147 While there is example, in 2013 a UN report found no comprehensive collection of data on that torture remains a serious concern such incidents, in 2013 UN Department RECOMMENDATION in numerous detention facilities across of Peace-Keeping Operations (DPKO) Appropriate resources and Afghanistan, despite significant efforts recorded more than 360 security expertise need to be provided by the government and international incidents and the escape of 3,500 by the UN and international partners to address the problem.150 prisoners in countries where UN partners to rebuild prisons in peacekeeping missions had a justice While repairing or rebuilding the short term and develop and corrections component.148 infrastructure will often be an urgent penal policy and institutions priority – particularly to ensure that in the longer term, as an There may be a growing recognition women and other groups with special important ingredient in (re-) of the importance of corrections needs are protected in custody151 establishing the rule of law components in UN peacekeeping – there is a need to focus on the following conflicts.

Privatisation of prisons In recent years, private sector prisoners serving sentences has There are a variety of outsourcing profit‑making enterprises have played grown steadily in a number of high arrangements in place in different an increasing role in prison systems and middle-income countries. The jurisdictions. At one end of the around the world. While historically option of privatisation is being actively spectrum, private companies have private profits have been made from considered in a number of others been contracted to build and run jailing detainees and debtors and from and also in a number of low-income prisons in their entirety. This model is using convict labour, for most of the countries. This consideration is not common in the US and has also been 20th century in the developed world, limited to imprisonment but extends followed in the UK, Australia and South imprisonment has been seen as a core to rehabilitation programmes, Africa. The UK has recently moved state function. Over the last 30 years, electronic monitoring and the work away from this ‘wholesale’ approach starting in the US, the practice of of probation staff.154 to privatisation, looking instead to contracting out custodial functions for outsource specific components detainees awaiting trial and convicted

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of prisons such as facilities These three forms of public private Lithuanian government approved management.155 South Africa has partnership can be distinguished from a new Prison Modernisation halted its privatisation programme.156 the more specific roles, which private Programme, which provides for construction companies might play as the modernisation of detention Another model sees private companies contractors involved in the construction facilities by 2022. Four of the financing the building of a new prison of new public prisons, or indeed from proposed programme projects will and operating certain functions such the remuneration which is made to be implemented on a public-private as maintenance, healthcare, catering private individuals who work in such partnership (PPP) basis.160 or the provision of rehabilitation prisons. They can also be distinguished activities. In this hybrid model, which While private prisons offer an attractive from arrangements in which institutions originated in France and has been proposition for states that want to are run in partnership with not for profit, followed in parts of Latin America modernise their infrastructure and charitable or other non-governmental and in Japan, security staff are not have problems raising funds, there organisations – of which there are employed by the private company are concerns and disadvantages. examples in Brazil and Belize.157 (although correctional officers are As the World Bank has said employed by private companies in Much of the experience of the ‘construction of new prisons without Brazil and some security functions are Public Private Partnerships (PPPs) penal reform may simply lead to an outsourced in Japan). – the contracting arrangements, increase in the prison population’.161 which govern these activities in the The performance of private prisons A third model involves the contracting penal sector – has been in higher has been mixed and there is a need out of certain limited functions income countries although three to ensure proper accountability for within an existing prison to a private middle‑income countries (South Africa, abuses and misconduct by employees company, for example, catering, Chile and Mexico) have implemented of private prisons. maintenance or the provision of differing models of prison privatisation rehabilitation activities. The contracts in the last 15 years. A number of are usually for much shorter periods RECOMMENDATION lower income countries are reportedly than in the first two models (eg While private prisons offer an considering privatisation. Peru, five years). Responsibility for the attractive proposition for states, Jamaica and Nigeria are among states construction of the prison if it is the performance of private reportedly planning to invite bids for new, and for security and custodial prisons has been mixed and private prisons.158 Private prisons functions, remain in public hands. there is a need to ensure proper have been considered in countries as This model is used in the Netherlands accountability for abuses and diverse as Lesotho and the Dominican and some other European countries. misconduct by employees of Republic, Costa Rica and Kenya, private prisons. Latvia and Jamaica.159 In 2014 the

Solitary confinement Although in many countries, the can ‘visit’ via a video‑conference system whose safety is at risk; who jeopardizes philosophy of imprisonment is that officials can listen to. Inmates the security of the prison, other inmates increasingly thought of in terms of the are allowed only one hour of exercise or staff; or who might interfere with concept of ‘corrections’, for those a week.163 In New Zealand, the UN an investigation.166 The Correctional deemed to pose particular risks there Subcommittee for the Prevention of Investigator has suggested it is being appears to be a greater emphasis on Torture noted grave concern about used increasingly in response to security. Examples include notorious the newly built cells at the Auckland incidents involving mentally disordered ‘Super-max’ facilities where the Maximum Security prison, stating that prisoners.167 purpose of the regime is to prevent all they can best be likened to a tin- The UN Special Rapporteur on physical contact between a detainee can. The Subcommittee established Torture has recommended that the and others, and to minimise social that persons were held in solitary use of prolonged solitary confinement interaction between inmates and staff. confinement cells which were extremely should be prohibited, and identified small and under constant video In the US, for example, it is estimated ‘prolonged’ isolation as any period surveillance and afforded little room that between 20,000 and 25,000 exceeding 15 days.168 for internal movement or activity.164 individuals are being held in isolation Medical research has confirmed although many more may be in forms In Canada, the use of solitary that the denial of meaningful of restricted housing which involve confinement has been increasing, human contact can cause ‘isolation isolation.162 In Thailand, unlike general with 850 federal prisoners in isolation syndrome’, the symptoms of which prisons, Super-max prisons do not allow on any one day at the end of 2014 include anxiety, depression, anger, inmates to walk around, use money or representing a five per cent increase cognitive disturbances, perceptual accept food or items brought by families since 2009.165 The prison service distortions, paranoia, psychosis, or friends. There is also no coffee and maintain segregation is used only as self‑harm and suicide.169 smoking is banned. Only direct relatives a last resort to manage an inmate

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A US study found that prisoners 17 year olds by the end of 2014.172 RECOMMENDATIONS held in New York City jails sent to As a result of legislation or lawsuits, Countries should restrict the solitary confinement are nearly seven ten states adopted 14 measures use of solitary confinement times more likely to try to hurt or aimed at curtailing the use of solitary, to exceptional cases when kill themselves than those never abolishing solitary for juveniles or the absolutely necessary, for as assigned to it.170 New York State has mentally ill, improving conditions in short a time as possible and subsequently announced sweeping segregated units, or gradually easing subject to regular substantive reforms intended to curtail the use isolated inmates back into the general review. Prolonged and indefinite of solitary confinement, including population.173 solitary confinement, isolation prohibiting its use in disciplining In 2014, the European Committee of juveniles, pregnant women, prisoners under the age of 18 and for the Prevention of Torture urged women with infants and for pregnant women, and limiting Finland to make more efforts to breastfeeding mothers in prison the punishment to 30 days for provide adequate protection to ‘fearful and of persons with mental those who are developmentally inmates’ without resorting to isolation illnesses should be prohibited. disabled.171 New York City plans to or use of regimes akin to solitary end solitary confinement for 16 and confinement.174

Independent monitoring In the past decade, the importance Collaboration with civil society NPM and enter into a dialogue with it of oversight of prisons and in particular organisations and/or independent on possible implementation measures’. external, independent monitoring of experts differs across states, from The incorporation of a legal obligation to places of detention has increasingly formal inclusion of civil society either conform to the recommendation been recognised. The adoption of the organisations or independent experts, or inform about the reasons for failing Optional Protocol to the Convention to cooperation in joint visits to places to do so is considered best practice in against Torture (OPCAT) in December of detention, and collaboration through this regard.179 2002, which entered into force in special advisory bodies. However, June 2006, has been a significant NPMs have been found to often lack RECOMMENDATIONS development. The UN Convention a particular cooperation strategy with Countries which have not against Torture (CAT) celebrated the civil society.177 ratified OPCAT should do so and 30th Anniversary of its entry into force Research has found weaknesses establish National Preventive in 2014, with 156 ratifications as of in documenting, let alone following Mechanisms that are truly January 2015. up on recommendations made by independent, with financial and At the end of 2014, 76 countries had NPMs and most NPMs have not operational autonomy, and a ratified the Optional Protocol to the (yet) developed a strategy or tools to statutory mandate that allows Convention against Torture (OPCAT) and monitor the implementation of their for regular and unannounced 54 had established National Preventive recommendations. visits to all places where people Mechanisms (NPMs).175 Europe and are deprived of their liberty. Good practices include the South America are well represented undertaking of thematic reports on NPMs and other monitoring among these states, while Africa and particular aspects of detention, as bodies should focus on systemic particularly Asia less well so.176 has happened in Bulgaria, France risks of torture and ill‑treatment In the designation of an NPM, and Poland, the formulation of based on standards of one trend has been to designate ‘SMART’ recommendations178 and international law and dedicate Ombudspersons’ offices, yet this has the publication and dissemination of sufficient resources to follow shown to create problems as in many reports and recommendations. More up their recommendations. countries sufficient resources are not emphasis on the assessment and provided to take on the additional documentation of implementation responsibilities. Furthermore, the and the measuring of compliance tradition of Ombudspersons working with human rights standards has also on individual cases assessed against been documented as good practice, domestic law has had a tendency to eg using a database, indicators, limit their ability to address systemic benchmarks and action plans with risks of torture and ill-treatment and clear timetables and responsibilities. conduct assessments based on Improvement could also be based standards of international law. on Article 22 of the Optional Protocol which obliges state authorities to ‘examine the recommendations of the

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PART FIVE Prison regimes

In many countries, prison systems in society and do not reoffend. The Such opportunities are often limited to aim to provide rehabilitation so that extent to which prisons are able to sentenced prisoners who may form a when prisoners are released they offer work, education, training or minority among the prison population are able to play a productive role forms of treatment varies enormously. as a whole.

Work Productive paid work is an important A more positive example is provided sustain themselves after release component of prison life providing an by Kyrgyzstan where 14 prison as well as building links with local active day for prisoners and generating colonies are producing razor wire, communities.190 financial resources for them. Work pasta, cinder blocks, paving squares Other innovative employment and should not be excessively onerous and clothing. For the first time since training initiatives have been reported or be required at the expense of the the fall of the Soviet Union, in 2012 the including the opening of restaurants rights and welfare of prisoners. In Finance Ministry allocated funds for attached to prisons in New Delhi, India many countries, involvement in work developing production at correctional and in the UK. In Slovenia to deal can lead to early release from prison; facilities.184 In Uruguay half of prisoners with the overcrowding the authorities eg prisoners working in Greece gain a are studying or working following the have introduced ‘open prisons’ where substantial reduction of their sentence creation of a National Rehabilitation the prisoners work during the week length – this can be from 24 days to Institute in 2010.185 In Poland, and stay in prison at the weekends. 45 days per month.180 The European prisoners are now guaranteed to get In Mekelle Prison in Ethiopia, the Prison Rules state that prison work at least the minimum wage, pro-rata International Labour Organization should be a positive element of the in the case of part-time employment. has worked to provide education, prison regime and never be used However, the recent economic crisis skills training and opportunities so as a punishment.181 Good practice and a lack of measures to encourage that prisoners can access finance suggests that prisoners should be able companies to employ prisoners (eg tax and engage in economically useful to choose their type of employment exemptions), has reduced the number activities. This has resulted in the within limits; the organisation of work of inmates who work.186 creation of 31 active cooperatives that should resemble similar work in the Linking work experience in prisons to run successful businesses providing community; and the interests of genuine job opportunities on release decent work for prison inmates and prisoners should not be subordinated is a feature of an initiative in Thailand released prisoners.191 to the pursuit of profit. In all instances where up to 270,000 prison inmates there should be equitable remuneration In many countries there is scope for are to be drafted in to work for small of the work of prisoners. expanding work opportunities for and medium-sized enterprises (SMEs) prisoners in particular by developing Recent experience in providing facing labour shortages. Two-hundred those which involve the acquisition of work has been mixed. In the USA, Bhat ($6) a day will be paid for basic skills which will be useful in the labour Industries have production with higher rates for market and by addressing gender struggled to meet their target of skilled work.187 In South Australia, a inequalities. providing work opportunities to relationship has formed between the 25 per cent of prisoners.182 In Canada state’s oyster industry and some of the In many prisons the types of it has been reported that many of region’s prisons. Port Lincoln prisoners activities offered to women as the job opportunities offered in federal have been constructing and repairing part of rehabilitation programmes prisons fail to equip prisoners with cages, baskets and lines obtaining are gendered,192 and skills taught the skills they need to get real jobs, skills for future employment.188 Prisons to women often represent work preparing them instead for industries in New Zealand and the UK are conventionally conducted by women that are either obsolete or will have seeking to increase the opportunities in the household or equip them for the few openings when they get out for prisoners to work a full 40-hour most low-paid jobs in the economy. of prison.183 week.189 Prison farms provide the chance for African prisoners to work and learn skills which will help them

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Productive paid work is an important component of prison life providing an active day for prisoners and generating financial resources for them.

Shoes made in prison workshop, Vellore Central Prison, India. © Andrea Huber 2014

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This reinforces women’s dependency which women have been traditionally RECOMMENDATIONS on men and their inability to find excluded – automotive mechanics, Prison work should not employment with sufficient income carpentry, and the like while the sole simply provide cheap labour following release. industry available to women at the for private companies or Goffstown prison is sewing’. For example, a report by the State governments, but offer Advisory Committee on prisons in The Committee established that meaningful activity and the US state of New Hampshire the contrast in services offered to focus on employable skills observed that ‘it is noteworthy that the women prisoners had resulted in an and reintegration. In order vocational training opportunities made exceptionally high recidivism rate for to prevent exploitation and available to incarcerated men reflect female offenders in the state.193 ensure safe labour conditions, the kinds of well-paying work from states should put in place a regulatory framework covering work in prison.

Education and training A recent large scale study found downturn, with the sharpest drop Efforts to incentivise participation that prisoners who receive general occurring in states that incarcerate in education include a measure in education and vocational training the most prisoners.196 Italy by which prisoners will see their are significantly less likely to return sentences reduced by three days In Saudi Arabia, a reformatory model to prison after release and are more for each book they read, with the has been established which includes likely to find employment than their maximum set at 48 days over a one full-fledged educational institutions, peers who do not receive such year period – the equivalent of 16 factories and workshops for vocational opportunities.194 Yet most prisons books in twelve months.199 This is a training, farms for the cultivation and struggle to provide education on the less generous system than in Brazil herding of all types of livestock, and scale required. A review of education in where the sentence is shortened by fully furnished facilities to organise Europe found that among the 640,000 four days per book.200 reform programs, including social and strong prison population in the cultural and recreational ones.197 A European Union there is a significant different approach has been adopted RECOMMENDATION proportion of low-skilled people. In in India where the Indira Gandhi Given the low level of basic most EU countries less than a quarter National Open University (IGNOU) has skills among prisoners in of prisoners participate in education established 94 Special Study Centres many countries, properly and training.195 Exceptions include in prisons across the country. So funded education and training countries such as Germany, where far 25,000 prisoners have benefited programmes can be effective between a half and three quarters from the initiative. In 2010 IGNOU ways of reducing recidivism, participate in education and training. announced its ‘Free Education for particularly among young In the USA, state-level spending Prisoners’ initiative and waived fees for prisoners. Education ministries on prison education programmes all prisoners who wished to pursue the should ensure that education declined sharply during the economic University’s programmes.198 is accessible in prisons, and equivalent to that provided in the community.

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PART SIX Role and use of new technologies

There are a number of ways in which perimeter patrolling and watchtowers. phones are commonly being smuggled new technology is increasingly being Devices such as the Body Orifice into prisons despite the common used in the field of prison policy and Security Scanner (BOSS) chair prohibition of possession by prisoners. practice, providing opportunities have replaced the need for the strip In Europe, Australia and North America to address challenges in prison searching of prisoners.201 Technology there have been examples of drones management, but also presenting has enabled many high income being used to drop drugs and cell dangers. Technology has enabled countries to remove cash from the phones into jails.203 Conversely, Ohio fewer staff to be involved in security prison economy which helps to reduce state prisons are believed to be the duties with close circuit television the risk of corrupt transactions at the first in the country testing security (CCTV) and sophisticated alarm same time.202 Technology may also be drones in the hope of cutting down on systems reducing the need for used increasingly by prisoners. Mobile illegal activity at the penitentiaries.204

Case Improving health management and education Effective systems of case management Use of new technology has also been in their cell – to make phone calls, are needed to ensure that detainees introduced to address challenges order items from the prison shop, are delivered to court on time and to in the provision of healthcare and undertake e-learning courses and collate data which can be used to education to detainees. make appointments within the prison, identify levels of risk and needs among for example with health professionals. For example, in Ratchaburi prison prisoners. Computerised systems They will be able to rent a movie in Thailand long distance medical are being developed in a number from a library of 30,000 as well as care is provided through satellite of low‑income countries including watch television and pay for premium communication without doctors Tanzania and Kenya. In India the channels. While the IT system will having to attend the prison. government is working with the National initially be available 24/7, individual Medical consultation is provided Informatics Centre to create ‘software’ arrangements can be made for each via a webcam with a professional to track pre-trial detainees through the prisoner, depending on risk, need nurse accompanying the inmates. system and help to ensure that they and behaviour. Prisoners will be In Ethiopia’s federal prisons, health do not stay in prison longer than they expected to work during the day, education messages are broadcast should. A pilot system is being tried out participate in education and sports over the prison loudspeaker system at the Tihar Jail in Delhi.205 and then ‘go home’ to their cell where and prison radio stations have also they can make use of technological Video technology can also be used been developed to provide a mix of opportunities, albeit in a more limited to arrange court hearings remotely, entertainment and information.206 In way than would be possible outside. so that detainees do not have to Hungary, Prison Radio Station ‘Bars be transported to court – a serious FM’ seeks to offer inmates information Developments are patchy however. logistical problem in many countries. on prison life and to help with In the UK the Chief Inspector of readjustment to society following Prisons has said that ‘we can’t go their release.207 on with prisons in a pre-internet dark age: inefficient, wasteful and leaving Beveren Prison in Belgium is one of prisoners woefully unprepared for the seven new establishments planned real world they will face on release. I to provide modern and humane have not met one prison professional infrastructure which aims to make a who does not think drastic change prisoner’s life as normal as possible. is needed’.208 Key to the vision is an innovative Prison Cloud system which will allow each prisoner access to a computer

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Technology is being exploited in some countries to increase prisoners’ contact with the outside world.

Pre-trial detention facility, Karaganda region, Kazakhstan. © Karla Nur 2014

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Council of Europe Electronic guidance on monitoring electronic monitoring Electronic monitoring of suspects right).209 Among its basic principles is In February 2014 the and offenders was first developed that electronic monitoring may be used Council of Europe adopted in the USA in the 1980s and is as a stand-alone measure in order to Recommendation CM/ currently being used predominantly ensure supervision and reduce crime Rec(2014)4 on the use in high‑income countries in a variety over the specific period of its execution. of electronic monitoring, of ways; during the pre-trial phase of In order to seek longer term desistance representing the first criminal proceedings; as a condition from crime it should be combined with guidance on this tool for suspending or of executing a prison other professional interventions and internationally. sentence; as a stand-alone means of supportive measures aimed at the Defining electronic monitoring monitoring the execution of a criminal social reintegration of offenders. as ‘forms of surveillance sanction or measure in the community Outside Europe, electronic monitoring with which to monitor the such as house arrest; in combination has been used on a relatively small location, movement and with other probation interventions; scale in Argentina as an alternative to specific behaviour of persons as a pre-release measure for those in pre-trial detention since 1997210 and in the framework of the prison; as an intensive guidance and is applied in Brazil, Chile, Colombia, criminal justice process’, the supervision measure for certain types Mexico and Uruguay.211 A programme recommendation lists current of offenders after release from prison; was launched to monitor people on uses of electronic monitoring as a means of monitoring the internal bail and on parole in South Africa in and outlines basic principles, movements of imprisoned offenders 2013.212 It has been discussed as an conditions of execution and/or the perimeters of open prisons; option for the expanding community at different stages of the or as a means for protecting specific corrections available in China.213 In criminal process, ethical crime victims from individual suspects Costa Rica, it is hoped that tagging issues, data protection, or offenders. will save up to $12,000 per offender consent of victims and Electronic monitoring has been used in who would otherwise be in prison.214 In training of staff. Europe since the 1990s and continues Kazakhstan, electronic monitoring has The recommendations, for to expand. It is predominantly being been introduced in the new criminal example, state that decisions used to enforce curfews and home and penal codes that came into effect to impose or revoke electronic detention but newer technologies on 1 January 2015, applicable to those monitoring shall be taken are emerging (eg GPS) which can sentenced to restricted freedom, those by the judiciary, without monitor the movements of suspects given a suspended sentence and discrimination and without 215 and offenders as well as help create those released on parole. widening the net. Type and monitor exclusion zones; for Other forms of monitoring being used and modalities need to be example in Spain and Portugal to keep in the USA and trialled in Europe proportionate to the offences domestic violence offenders away from include ‘sobriety tags’, worn around alleged or committed in terms their victims. the clock, which enforce abstinence of duration and intrusiveness. The Council of Europe adopted a by measuring a person’s perspiration They need to take into Recommendation on Electronic every 30 minutes and testing whether account the impact they Monitoring in February 2014 (see or not it contains alcohol.216 have on families and other third parties, as well as age, disability or other relevant personal circumstances of each suspect or offender. Contact with National law needs to regulate how time spent the outside world under electronic monitoring supervision at pre-trial The Commentary to the 2006 Technology has indeed been exploited stage may be deducted European Prison Rules states that to increase prisoners’ contact with from any final sanction; and prisons ‘should be alert to the fact that the outside world in some countries. particular attention shall be modern technology offers new ways of Since 2008 families in Russia have paid to regulating strictly communicating electronically. As these been able to email with prisoners and the use of data collected in develop, new techniques of controlling the system is being expanded with the framework of electronic them are emerging too and it may be the introduction of a Smartphone app. monitoring. possible to use them in ways that do In the Philippines women prisoners not threaten safety or security’.217 can apply to have a skype or video call with family and friends. Scanners are being used in Jordan to check the food brought in by families.

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Concerns related to the use of technology New technology clearly offers Efforts at combating the digital by a biometric roll check system. For opportunities to improve the way exclusion of prisoners should not the system to work, 100 per cent of the criminal justice system operates, lead to their being detained in their prisoners, 100 per cent of the time the quality of life of prisoners and cell with only a computer for company. had to leave an electronic thumbprint to reduce costs. Yet, there are There are questions too about whether when they went from one area of the dangers as well, such as technology the use of Closed Circuit Television prison to another and the system increasingly enabling remote contact (CCTV) in prisoners’ cells as well as had to record this every time. If one to replace human contact, which is in communal areas breaches the right thumbprint failed to register, the roll known to be a crucial component of to privacy.220 check did not tally and all prisoner retaining mental health and well-being movement was halted – sometimes Among the questions raised by the among prisoners. for hours – until a manual check could use of technology in these ways be done. This happened once or twice Electronic monitoring of house arrests is whether quality – for example a day on each day of the inspection can assist but should not replace of medical diagnosis – is being with the result that education, training, professional supervision of offenders, sacrificed to cost. While for example work and other activities were severely which aims at their rehabilitation. The remote medical assessment may disrupted’.222 Such problems are likely use of technology as alternatives to well be cheaper, avoiding the need to be greater in lower income countries imprisonment, including electronic for a permanent onsite doctor or the where power can be regularly monitoring, has also been shown to escorting requirements for a hospital disrupted and technical skills may be bear risks, such as a net-widening visit, there are concerns about the in shorter supply. and in the UK has not worked well quality of such care. with minors.218 The intrusiveness of Another example of undesirable such measures for third parties such RECOMMENDATION ramifications from the use of as family members needs to be taken Prison systems should embrace technology has been observed in into account, as does the need for the opportunities afforded by the US where ultimately the US regulation of the maximum duration new technology to improve Federal Communication Commission of the measure, and the manner in the functioning of criminal intervened to reduce the exorbitant which it will be deducted from a final justice and the rehabilitation of costs of telephone calls and other sanction. When chargeable to the prisoners, ensuring that human forms of communication from prison suspect or convicted, there is also rights are not infringed and that (due to alleged profiteering by a risk of discrimination against poor human contact is not replaced telecommunications companies) and marginalised offenders, already as a way of cutting costs. in 2013.221 over-represented in the global prison population.219 A further issue relates to the reliability of technology. For instance, inspectors at a youth prison in the UK found in 2011 that ‘the prison was bedevilled

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PART SEVEN Alternatives to prison

Overview Research has identified alternatives prosecutions are brought, affordable More sustained policies to decongest to imprisonment that cost less than bail terms and community-based prisons by substituting short terms prison and in some cases at least are alternatives to incarceration are being of imprisonment for community more effective at reducing re-offending. developed for cases which involve low supervision have been introduced in Diversion may be more effective for risk and low levels of seriousness. countries as diverse as Kenya and the certain vulnerable groups such as Republic of Ireland. Several countries In recent years, a growing number of children, juveniles and individuals with of the former Soviet Union and the countries have resorted to amnesties mental health issues.223 The need to People’s Republic of China are looking and pardons to relieve prison take into account women’s specific to develop probation services or other overcrowding in Africa, South America, characteristics and needs has been forms of community-based supervision. Europe and Asia. For example in early recognised in some countries by 2013 the President of Sri Lanka granted There are however a number of the development of gender-sensitive amnesties to 1,200 prisoners on the countries that have few if any non‑custodial programmes, for country’s 65th Independence Day. alternatives to prison available to example in the UK, Ireland, Germany, Those released were serving minor courts. Even where available, their use the USA, Australia and Canada.224 sentences and some were those who may be limited by lack of resources, In lower income countries efforts are had not been able to pay their fines.226 judicial reluctance or hostile public being made to reserve imprisonment The prison population in Georgia more attitudes. There is some distance for both men and women to serious than halved from 24,000 to 11,000 to go in ensuring that international and persistent offenders. This may in early February 2013, mainly due standards are being met in relation to be by diverting certain kinds of cases to a broad amnesty in which 7,985 the availability, use and effectiveness out of the criminal justice system prisoners were released.227 While of alternatives to prison. In Europe altogether so that they are dealt providing short-term relief, amnesties in 2010 the numbers under the with through restorative processes, and other forms of pardons have been supervision of probation agencies although the use of informal or shown not to provide a sustainable ranged from 10 per 100,000 of traditional justice approaches tends to solution to overcrowding and can the population (in Croatia) to 944 be a deeply divisive question.225 Where erode public confidence. (in Poland).228

Non-custodial measures International norms, in particular the The norms require alternatives to such as house arrest and attendance UN Standard Minimum Rules for comply with human rights – corporal centres can restrict liberty while Non‑Custodial Measures, (the Tokyo punishment, for example is not fines and confiscation meet the Rules) require countries to make permitted – and contribute where requirements of punishment. available a wide variety of community possible to social justice and the There have been two important based sanctions and measures.229 rehabilitation of offenders. developments in the community‑based Not only can these reduce the As far as alternatives to prison supervision of offenders in Western unnecessary use of imprisonment but sentences are concerned, measures countries. One is electronic they are a more appropriate response such as probation supervision, and monitoring (see page 32). Another to minor crimes. In Europe in 2010, drug and mental health treatment aim is the development of psychological more than three quarters of probation to rehabilitate while restitution and programmes to address and community based orders were to an extent community service play offending‑related risks and needs, completed successfully.230 a restorative role. Other measures which nowadays play an increasing

34 | Penal Reform International | Global Prison Trends 2015 ALTERNATIVES TO PRISON

Some alternatives to imprisonment cost less than prison and are more effective at reducing re‑offending.

Community service at a tree seedling project outside Nairobi run by the Kenyan Probation Service. Some of seedlings are sold to the public while others are given out to schools and other public institutions. © Allan Gichigi 2014.

Penal Reform International | Global Prison Trends 2015 | 35 ALTERNATIVES TO PRISON

role in probation supervision (as they community service order when the particular work projects that will do in some prisons). Often based original offence did not merit custody. make a difference to their lives. In on cognitive behavioural psychology, Equally, community service will not be Uganda, for example, two preachers treatment programmes are used appropriate in very serious cases.233 who were sentenced to community to tackle sexual offending, anger service following a case of defamation, The second challenge relates to the management, substance misuse and used their communication skills to implementation of community service. domestic violence as well as the more educate the public through a series Identifying an appropriate body to general problems of failure to consider of meetings. In the UK some years organise and arrange the unpaid the consequences of actions. While ago, the then Chief Judge spent a day work that offenders will undertake promising, these approaches have doing community service in order to is a prerequisite. Whether it is a state proved less successful in reducing satisfy himself about its punitive value, organ or NGO, successful schemes offending behaviour than pilot obtaining considerable press coverage ensure that a range of placements projects suggested that they might as a result.235 are available, that offenders are be.231 A desistance paradigm which properly supervised in their work, Asia and the MENA region have been emphasises the processes through and that failures to comply are relatively slow to introduce community which offenders change their lives promptly followed up. In East Africa, service although a very good scheme around and the relationships needed in good practice cases, offenders is operating in Algeria236 and similar to sustain the changes is gaining work to build clinics, dig latrines, grow schemes are being developed in greater acceptance among probation trees, farm fish and even keep bees, Lebanon and Jordan. experts. 232 all of which are undertaken for the Community service has proved a benefit of the general public. But all too RECOMMENDATIONS popular and relatively successful often, the work consists of ‘slashing’ – Work should be undertaken to measure in a wide range of countries clearing overgrown land – which may strengthen the availability and over the last forty years. Work in a have limited impact on the public or implementation of alternative number of jurisdictions has identified the offender. sentences for minor offenders, three key challenges which face The third challenge relates to public to promote the United Nations the successful operation of such attitudes.234 In some cultures, Standard Minimum Rules for programmes. unpaid work is seen as too soft an Non-custodial Measures (the The first is to ensure that it is used option even for minor crimes. Such Tokyo Rules), and to increase in appropriate cases. In some attitudes discourage judges from public awareness of and countries, community service is imposing orders, afraid that they involvement in their use. limited to first time offenders will be suspected of taking a bribe and/or very minor crimes. In such if they impose what is widely seen cases, community service can widen as a lenient sentence. Measures to the net of punishment, by taking the overcome hostility include public place not of prison but of less onerous education or sensitisation campaigns, penalties such as discharges or small using the media to show the benefits fines. Offenders may even face a spell of community service work and in prison for failure to comply with the enabling local people to nominate

36 | Penal Reform International | Global Prison Trends 2015 CONCLUSION AND RECOMMENDATIONS

Conclusion and recommendations

While trends and challenges in • adopt policies which keep pre-trial of international standards, making criminial justice can vary widely detention to a minimum, involve a suitable use of technology and between countries, there are a number sparing use of prison, and apply subject to necessary oversight; of broad themes which are worthy of proportionate sentences in cases • conduct more research on the consideration in a large number when alternatives are not suitable; effectiveness of various penal of countries. • develop prisons which are approaches and the exchange of Based on these themes there are appropriately sized, adequately good practices between countries. strong arguments for countries to: staffed and meet the requirements

25 key recommendations

The 25 key recommendations Life sentences should More emphasis is required emerging from this report are always be eligible for on the provision of as follows: 06 review after a period of 11 healthcare to prisoners, no more than 25 years and should not incorporating measures of prevention, All countries should keep be imposed for offences committed by diagnosis and treatment, and taking under review whether persons under the age of 18. into account mental healthcare issues or not imprisonment is 01 and the prevalence of infectious playing an appropriate role in tackling States should dedicate diseases in prisons. crime. Countries with very high rates capacity to the of imprisonment should do so as a 07 implementation of the Special policies and matter of urgency. UN Rules for the Treatment of Women strategies should be Prisoners and Non-custodial Measures developed to address the States should review 12 for Women Offenders (the Bangkok special needs of older prisoners. thoroughly the need to Rules). 02 build new prisons as the Where it is not, states ‘construction of new prisons without Detention should be should consider penal reform may simply lead to an considered only as a last transferring responsibility 237 13 increase in the prison population’. 08 resort for children. The for prisons to the Ministry of Justice, in age of criminal responsibility should be view of the different skill sets required States should take compliant with the recommendations and the benefits of separation of the necessary steps of the UN Committee on the Rights of the functions of investigation and to implement the UN 03 the Child. Countries should not allow prosecution on the one side, and of Principles and Guidelines on Access to for the transfer of children to the adult execution and supervision of criminal Legal Aid in Criminal Justice Systems. justice system. sanctions on the other. There is a strong case Decisions as to whether Health ministries for sentence lengths to allow children to live should provide and be to be proportionate to 04 in prison with a parent accountable for health the seriousness of the crime and the 09 14 must be made on an individualised care services and advocate healthy circumstances of the offender. basis, based on the best interests of conditions in prisons. States should review their the child. The performance of prison drug policies, with regard Countries should monitor health systems should be both to proportionality 05 the representation of assessed against the right and the effectiveness of penalties, 15 prisoners from ethnic to health as enshrined in international develop prevention and income 10 minorities and foreign nationals in order human rights law and against generating programmes, and treat to analyse whether sentencing policies standards of medical ethics, including drug use as a public health rather than or practices might be discriminatory, full independence of prison health staff a criminal justice problem. and in order to develop specific from prison authorities. measures to meet their needs.

Penal Reform International | Global Prison Trends 2015 | 37 CONCLUSION AND RECOMMENDATIONS

Given the disadvantages Countries which Prison systems and difficulties inherent in have not ratified the should embrace the 16 managing large prisons, 20 Optional Protocol to the 23 opportunities afforded their size should be limited to allow Convention against Torture (OPCAT) by new technology to improve the for individualised treatment and should do so and establish National functioning of criminal justice and rehabilitation programmes, consistent Preventive Mechanisms that are the rehabilitation of prisoners, while with Rule 63(3) of the UN Standard truly independent, with financial and ensuring that human rights are not Minimum Rules for the Treatment operational autonomy and a statutory infringed and that human contact is of Prisoners. mandate that allows for regular and not replaced as a way of cutting costs. unannounced visits to all places where In post-conflict contexts, Work should be people are deprived of their liberty. appropriate resources undertaken to strengthen 17 and expertise should be Prison work should 24 the availability and provided by the UN and international not simply provide implementation of alternative partners to rebuild prisons in the short 21 cheap labour for private sentences for minor offenders, to term and develop penal policy and companies or governments, but offer promote the United Nations Standard institutions in the longer term. meaningful activity and focus on Minimum Rules for Non-custodial employable skills and reintegration. Measures (the Tokyo Rules), and to While private prisons In order to prevent exploitation and increase public awareness of and offer an attractive ensure safe labour conditions, states involvement in their use. proposition for states, 18 should put in place a regulatory the performance of private prisons International and national framework covering work in prison. has been mixed and there is a need donors should dedicate to ensure proper accountability for Education and training 25 appropriate attention abuses and misconduct by employees programmes should be to the links between poverty and of private prisons. 22 properly funded and imprisonment and between fair and education ministries should ensure proportionate criminal justice systems Countries should restrict that education is accessible in prisons, and sustainable development. the use of solitary and equivalent to that provided in the confinement to exceptional 19 community. cases when absolutely necessary, for as short a time as possible and subject to regular substantive review. Prolonged and indefinite solitary confinement, isolation of juveniles, pregnant women, women with infants and breastfeeding mothers in prison and of persons with mental illnesses should be prohibited.

38 | Penal Reform International | Global Prison Trends 2015 ENDNOTES

Endnotes 1 United Nations High Level Panel of Eminent 25 Walmsley R, World Prison Population List, 8th 52 American Civil Liberties Union, A Living Persons on the Post-2015 Development edn, International Centre for Prison Studies, Death Life Without Parole for Nonviolent Agenda, A New Global Partnership: 30 January 2009, http://www.prisonstudies. Offenses, November 2014. Eradicate poverty and transform economies org/sites/prisonstudies.org/files/resources/ 53 ACLU (n 52). through sustainable development, 30 May downloads/wppl-8th_41.pdf; Walmsley 2013 2013; United Nations, The Road to Dignity by (n 25). . 54 Table 7 in Aebi and Delgrade (n 29). 2030: Ending Poverty, Transforming All Lives 26 The Sentencing Project, http://www. 55 UK Ministry of Justice, Freedom of and Protecting the Planet: Synthesis Report sentencingproject.org/map/map.cfm Information request 84732, August 2013. of the Secretary-General On the Post-2015 . 56 Forte DF, ‘Cruel and Unusual Punishment’, Agenda, 4 December 2014. 27 UNODC 2014 (n 7) para 56. The Heritage Guide to the Constitution 2 UN Economic and Social Council, online, http://www.heritage.org/ Commission on Crime Prevention and 28 Open Society Justice Initiative, The constitution#!/amendments/8/essays/161/ Criminal Justice, 23rd Session, World crime Presumption of Guilt: The Global Overuse cruel-and-unusual-punishment ; and Constitution Act in the field of crime prevention and criminal Foundations, September 2014. 1982 (Canada). justice, 12 February 2014, E/CN.15/2014/5. 29 Table 11.1 in Aebi MF and Delgrande N, 57 ‘Pope Francis blasts life sentences as 3 UN Office on Drugs and Crime, 2011 Global Council of Europe Annual Penal Statistics: ‘hidden death penalty’’, The Guardian online, Study on Homicide: Trends, Context, Data, Survey 2012, Council of Europe and 23 October 2014, http://www.theguardian. 6 October 2011. University of Lausanne, 29 April 2014. com/world/2014/oct/23/pope-francis-life- 4 Blumstein A and Wallman J, The Crime Drop 30 Nwapa A, ‘Building and Sustaining Change: sentence-hidden-death-penalty-torture In America, Cambridge University Press, Pretrial Detention Reform in Nigeria’, Justice . 2000. Initiatives (A publication of the Open Society 58 Penal Reform International, Life Justice Initiative), Spring 2008, pp86-102. 5 The Pew Charitable Trusts, ‘Most States Cut Imprisonment and Conditions of Serving Imprisonment and Crime’, 13 January 2015, 31 Statistics as per 31 December 2013. the Sentence in the South Caucasus, 2009, http://www.pewtrusts.org/en/multimedia/ 32 Open Society (n 28) p16. http://www.penalreform.org/resource/life- imprisonment-conditions-serving-sentence- data-visualizations/2014/imprisonment-and- 33 Open Society (n 28). crime, . south-caucasus. 34 Article 10, International Covenant on Civil 59 Vinter and Others v UK [2012] ECHR 61. 6 UNODC 2011 (n 3). and Political Rights (ICCPR). 60 Vinter (n 59), para 111. 7 UN Office on Drugs and Crime, Report of the 35 Open Society Justice Initiative, The Secretary-General on the State of Crime and socioeconomic impact of pre-trial detention, 61 Graham v Florida, 560 US __ (Docket No. Criminal Justice Worldwide, 12 December 2011, p40. 08-7412); and Miller v Alabama, 567 US __ 2014, A/CONF 222/4, paras 12, 19. (Docket No. 10-9646). 36 US Department of State, 2013 Human Rights 8 Wright V, Deterrence in Criminal Justice: Report: China (includes Tibet, Hong Kong, 62 Mendoza et al v Argentina, [2013] Serie C Evaluating Certainty v. Severity of and Macau). No. 260, IACHR. Punishment, The Sentencing Project, 37 US Department of State, 2013 Human Rights 63 Espejo-Yaksic N, ‘Mendoza v Argentina: November 2010. Report: Japan. Against the life imprisonment of children’, 9 UNODC, 2014 (n 7) paras 38, 39. Oxford Human Rights Hub website, 23 July 38 US Department of State, 2013 Human Rights 10 From 2001 to 2013. 2013, accessed 17 December 2014 at http:// Report: Russia. ohrh.law.ox.ac.uk/mendoza-v-argentina- 11 From 2000 to 2014. 39 United States Attorneys’ Annual Statistical against-the-life-imprisonment-of-children/. 12 From 2001 to 2014. Report: Fiscal Year 2012, http://www. 64 Espejo-Yaksic (n 63). justice.gov/usao/reading_room/reports/ 13 Carson EA, ‘Bulletin: Prisoners in 2013’, US 65 Vinter (n 59), para 120. Department of Justice, Bureau for Justice asr2012/12statrpt.pdf . 66 UN General Assembly, Human Rights gov/content/pub/pdf/p13.pdf . Court Outcomes 2011-2014, http://www. administration of justice, including juvenile justice, 23 September 2013, A/HRC/24/L.28. 14 From 2001 to 2014. cps.gov.uk/data/annual_report/ar2014.html . 67 UN General Assembly, 66th Session, 15 From 1998 to 2012. 41 UN General Assembly, 67th Session, UN Extreme poverty and human right: Report 16 From 1999 to 2013. Principles and Guidelines on Access to Legal of the Secretary-General, 4 August 2011, 17 From 2001 to 2014. Aid in Criminal Justice Systems, 28 March A/66/265. 18 For example, Estonia. 2013, A/RES/67/187. 68 Open Society (n 28) p1. 19 ‘Pevkur: Prison Population Too High’, 42 See for example, Penal Reform International, 69 UN Development Programme, Citizen Estonian Public Broadcasting, 28 January Index of Paralegal Services in Africa, 2012. Security with a Human Face: Evidence and 2013, http://news.err.ee/v/society/00ae0793- 43 See for example UN Office on Drugs and Proposals for Latin America, 2013. 4c4a-4004-acba-c14a65375232

Penal Reform International | Global Prison Trends 2015 | 39 ENDNOTES

75 Rennie S, ‘Huge increase in number of 94 American Civil Liberties Union, At America’s 119 ‘Nearly half of the nation’s prisoners are aboriginal women in Canadian prisons’, Expense: The Mass Incarceration of the mentally ill’, news.com.au, 26 November The Star online, 2 December 2014, http:// Elderly, Jun 2012. 2013, www.news.com.au/national/nearly- www.thestar.com/news/canada/2014/12/02/ 95 Penal Reform International, Alternatives half-of-the-nations-prisoners-are-mentally-ill/ huge_increase_in_number_of_aboriginal_ to the Death Penalty Information Pack, story-fncynjr2-1226769068765 . . 96 Sleap B, ‘Old age behind bars: how can 120 World Health Organization/ Council of 76 Iakobishvili E, Cause for Alarm: The prisons adapt to the needs of increasingly Europe, Strasbourg Conclusions on Prisons for Drug Offences elderly populations?’, Penal Reform and Health, 20 June 2014. in Europe and Central Asia, and the need International blog, 25 September 2014, 121 See Coyle A, ‘Standards in prison health: for Legislative and Sentencing Reform, http://www.penalreform.org/blog/age- the prisoner as a patient’ in Moller and others International Harm Reduction Association, bars-prisons-adapt-increasingly-elderly- (eds), Health in Prisons: A WHO guide to 2012, p5. populations . the essentials in prison health, World Health 77 See ‘High return to prison for women 97 McCurry J, ‘Pills and Porridge: prisons in Organisation, 2007. without drug abuse programs’, EurekAlert!: crisis as struggling pensioners turn to crime’, 122 UN Office on Drugs and Crime and the The Global Source for Science News, The Guardian online, 19 June 2008, http:// World Health Organisation Europe, Good 31 May 2011, http://www.eurekalert.org/ www.theguardian.com/world/2008/jun/19/ governance for prison health in the 21st pub_releases/2011-05/smh-hrt053111.php japan . century: A policy brief on the organization . 98 See PRI 2015, Alternatives to the death of prison health, 2013. 78 Department of Corrections, Ministry of penalty Information pack. 123 ‘Angola: Luanda Gains New Prison Facility’, Justice, Thailand, ‘Statistics’, www.correct. All Africa online, 14 December 2013, http:// go.th/eng/statistics.html. 99 UNODC 2009, UN Office on Drugs and Crime, Handbook on Prisoners with Special allafrica.com/stories/201312160609.html 79 Giacomello C, Briefing Paper: Women, Needs, United Nations, 2009. . drug offenses and penitentiary systems in 100 Sleap (n 96). 124 Lopez i Ferrer, M, ‘How to build for success: Latin America, International Drug Policy prison design and infrastructure as a tool Consortium, October 2013, http://idpc.net/ 101 Sleap (n 96). for rehabiliation’, Penal Reform International publications/2013/11/idpc-briefing-paper- 102 UNODC 2009 (n 99) p124. blogs, 24 July 2014, http://www.penalreform. women-drug-offenses-and-penitentiary- 103 Foreign Nationals in Prison Workshop, org/blog/build-success-prison-design- systems-in-latin-america, . Europris, London, October 2014, see: 27 January 2015>. 80 UN Office on Drugs and Crime and World http://www.cep-probation.org/page/629/ 125 Council of Europe, Annual Penal Statistics, Health Organisation (Europe), Women’s workshop-on-foreign-national-prisoners- SPACE 1, 2012, http://www3.unil.ch/ health in prison: Correcting gender inequity october-2014 . wpmu/space/files/2014/05/Council-of- in prison health, 2009, p29. 104 Montero Pérez de Tudela E, Paper to Foreign Europe_SPACE-I-2012-E_Final_140507.pdf, 81 See for example Penal Reform International, Nationals in Prison workshop, London, 2014. . Who are women prisoners? Survey results 105 Hofstee-van der Meulen F, Paper to Foreign 126 Allen R, ‘’Titaning’ Our Belts’, British Society from Kazakhstan and Kyrgyzstan, 2014. Nationals in Prison workshop, London, 2014. of Newsletter, No 73, Winter 82 UN General Assembly, 65th Session, United 2013, http://britsoccrim.org/new/newdocs/ 106 Council of Europe, SPACE survey (Annual Nations Rules for the Treatment of Women bscn-73-2013-Allen.pdf, . http://wp.unil.ch/space/files/2014/05/ Women Offenders (the Bangkok Rules), Council-of-Europe_SPACE-I-2012-E_ 127 Dammert L and Zuniga L, Prisons: Problems 16 March 2011, A/RES/65/229. Final_140507.pdf . 2008. 84 UNODC 2014 (n 7) para 62. 107 ICPS World Prison Brief. 128 Sarkin J, ’Prisons in Africa: An Evaluation from a Human Rights Perspective’, Sur 85 UN General Assembly, 69th Session, 108 UN Office on Drugs and Crime, Handbook International Human Rights Journal, Vol 9, Rights of the Child, 17 November 2014, on Prisoners with Special Needs, United 2009, pp22-49. A/C.3/69/L.24/Rev.1; See joint NGO Nations, 2009. campaign Call for a Global Study on 129 Response from Civil Society Prison Reform 109 See Department of Corrections (New Children Deprived of Liberty, http://www. Initiative, South Africa to consultation on Zealand), ‘Facts and Statistics’, www. childrendeprivedofliberty.info/ . statistics/prisons/ps-march-2012.html. 130 European Committee for the Prevention of 86 See Child Rights International Network, Torture, 20 years of combating torture: 19th 110 Carson (n 13). www.crin.org/en, . 111 UN Office on Drugs and Crime, the World for the Prevention of Torture and Inhuman or Health Organisation, and UNAIDS, Technical 87 See ‘At What Age’, www.right-to-education. Degrading Treatment or Punishment (CPT), guidance note for GF HIV proposals R11 org/node/279, . Council of Europe Publishing, 2009. (and GF TB proposals), ‘Comprehensive HIV 131 UN General Assembly, 64th Session, Interim 88 ‘India bill to try minors as adults after Delhi and TB programmes for people in detention’, report of the Special Rapporteur on torture gang rape’, BBC News India online, 7 August http://www.unaids.org/sites/default/files/en/ and other cruel, inhuman or degrading 2014, http://www.bbc.co.uk/news/world-asia- media/unaids/contentassets/documents/ treatment or punishment, 3 August 2009, india-28684744 . programmes/programmeeffectivenessand- A/64/215. 89 Progressive abolition of violence against countrysupportdepartment/gfresource- children in detention in Central Asia is a kit/20110818_Technical_Guidance_prisons. 132 Allen R, ‘Paying for Justice: Prisons and three-year EU-funded programme being pdf . Probation in an Age of Austerity’, British Journal of Community Justice, Vol 11, implemented by PRI and four partner 112 Williams D, ‘Bid to curb prisons’ No 1, pp5-18. organisations. More information is available TB epidemic’, Times Live online, at: http://www.penalreform.org/wp-content/ 10 February 2014, www.timeslive.co.za/ 133 HM Chief Inspector of Prisons for England uploads/2013/10/VAC-CA-Project- thetimes/2014/02/10/bid-to-curb-prisons-tb- and Wales, Annual Report 2013-14, HC 680. Factsheet-011013.pdf . 134 Government of Canada, Annual Report of 27 January 2015>. 113 European Centre for Disease Prevention the Office of the Correctional Investigator 90 S v M (CCT 53/06) [2007] ZACC 18. and Control and World Health Organisation 2012-2013, http://www.oci-bec.gc.ca/ 91 General Comment No. 1 on ‘Children of Europe, Tuberculosis surveillance and cnt/rpt/annrpt/annrpt20122013-eng.aspx Incarcerated and Imprisoned Parents and monitoring in Europe, 2013. . Primary Caregivers; See ‘Damage limitation: 114 Lee D and others, ‘Global Fund financing 135 Lee J, ‘Prisoners moved into shipping an update from the African Committee of tuberculosis services delivery in prisons’, containers’, The Age Victoria online, 6 of Experts on the Rights and Welfare of Journal of Infectious Diseases, online edition, January 2014, www.theage.com.au/victoria/ the Child’, Penal Reform International, 23 April 2012. (DOI: 10. 1093/infdis/jis042). prisoners-moved-into-shipping-containers- 25 April 2014, http://www.penalreform. 20140106-30d23.html . Committee for Europe, 64th Session, african-committee-experts-rights-welfare/ Progress Reports, 2 September 2014. 136 Alsema A, ‘Colombia prison crisis gets . worse; Guards lock down 109 of 138 116 Health through Walls: Sustainable Prison 92 UN Committee on the Rights of the Child, penitentiaries’, Colombia Reports online, Healthcare in Developing Countries, http:// 44th Session, General Comment No.10 16 October 2014, http://colombiareports.co/ www.healththroughwalls.org/# . 25 April 2007, CRC/C/GC/10. lock-109-138-penitentiaries . health in prison’ in Enggist S and others a growing challenge for prisons’, The 137 Clarke M, ‘Prison Education Programs (eds.), Prisons and Health, World Health Guardian online, 12 April 2013, http://www. Threatened’, , 19 May Organisation Europe, 2014. theguardian.com/society/2013/apr/12/ 2014, https://www.prisonlegalnews.org/ dementia-health-challenge-age-prisons 118 UNODC 2014 (n 7) para 60. news/2014/may/19/prison-education- . programs-threatened .

40 | Penal Reform International | Global Prison Trends 2015 ENDNOTES

138 See for example International Committee 27 February 2012, www.jamaicaobserver. 171 Weiser B, ‘New York State in Deal to of the Red Cross, Water, sanitation, hygiene com/news/Gov-t-talks-of-building-modern- Limit Solitary Confinement’, New York and habitat in prisons: Supplementary prison-again_10852239; Nigeria, Mukhtar Times online, 19 February 2014, http:// Guidance, 2012. AB, ‘Nigeria: Rumble Over Proposal to www.nytimes.com/2014/02/20/nyregion/ 139 See UNOPS, Technical Guidance for Privatise Prisons’, All Africa online, 31 new-york-state-agrees-to-big-changes-in- Prison Planning – Technical and operational December 2012, http://allafrica.com/ how-prisons-discipline-inmates.html?_r=0 considerations based on the Standard stories/201212311079.html?viewall=1. . Minimum Rules for the Treatment of . 172 Schwirtz M, ‘Solitary Confinement to End Prisoners, Supplementary guidance, in 159 Lesotho, Nathan S, ‘Private Prisons: Emerg- for Youngest at Rikers Island’, New York development, publication in 2015 (tbc). ing and Transformative Economies’ in Coyle Times online, 28 September 2014, http:// 140 UN ECOSOC 2014 (n 2). A and others (eds.), Capitalist Punishment: www.nytimes.com/2014/09/29/nyregion/ Prison Privatisation & Human Rights, Zed solitary-confinement-to-end-for-youngest- 141 UN ECOSOC 2014 (n 2). Books, London, 2003; Dominican Republic at-rikers-island.html?_r=0 . Council, 25th Session, Report of the and in Latin America 173 Hager E and Rich G, ‘Shifting Away special rapporteur on torture and other and the Caribbean: What To Do, What Not To from Solitary’, The Marshall Project, cruel, inhuman or degrading treatment or Do. The Good Examples of Costa Rica and 23 December 2014, https://www. punishment, Juan E Mendez: Mission to the Dominican Republic, 2010; Kenya, Mbo- themarshallproject.org/2014/12/23/shifting- Ghana, 5 March 2014, A/HRC/25/60/Add.1. go S, ‘G4S opens talks to run Kenya’s prison away-from-solitary?_hp=2-112 . 2011, www.businessdailyafrica.com/Corpo- Violence in Adult Correctional Institutions, 174 Tugushi G, Preliminary observations 2009-11 – Statistical Tables’, Bureau of rate+News/G4S+opens+talks+to+run+Ken- yas+prison+services/-/539550/1092596/-/ made by the delegation of the European Justice Statistics, 23 January 2014, www. Committee for the Prevention of Torture bjs.gov/index.cfm?ty=pbdetail&iid=4881 item/1/-/15n3fry/-/index.html. . and Inhuman or Degrading Treatment or . Punishment, Council of Europe, 31 October 144 Global Counterterrorism Forum, Rome 160 ‘Lithuanian Government approves new 2014, CPT/Inf (2014) 28. Memorandum on Good Practices for Prison Modernisation Programme’, The Baltic Course, 29 July 2014, http:// 175 See Subcommittee on the Prevention Rehabilitation and Reintegration of Violent of Torture, Designated NPM notified by Extremist Offenders, 7-8 June 2012. www.baltic-course.com/eng/real_ estate/?doc=94498 . 21 January 2015, http://www.ohchr. Of Prisons After Inmates Riot’, Channels org/EN/HRBodies/OPCAT/Pages/ Television, 20 October 2014, http://www. 161 Justice Reform Unit Legal Vice Presidency, NationalPreventiveMechanisms.aspx. channelstv.com/2014/10/20/nigeria- Staff Guidance Note: World Bank support for Criminal Justice Activities, World 176 Association for the Prevention of Torture, considers-better-categorisation-prisons- ‘OPCAT Database’, http://www.apt.ch/en/ inmates-riot . Bank, February 2012, http://siteresources. worldbank.org/INTLAWJUSTINST/ opcat-database/. 146 Department of Peacekeeping Operations, Resources/CriminalJusticeGuidanceNote_ 177 Birk M, ‘Turning recommendations into Justice and Corrections Update, 2014. Feb2012.pdf . reality: improving the impact of detention 147 Latif N, ‘Corruption blamed for escape 162 Naday A and others, ’The Elusive Data on monitoring bodies’, Penal Reform of 4,000 militants from Iraq prisons’, Supermax Confinement’, The Prison Journal, International blog, 9 December 2014, The National online, 3 June 2011, Vol 88, No 1, pp69-93, 2008; ACLU says http://www.penalreform.org/blog/turning- www.thenational.ae/news/world/middle-east/ 80,000 in some form of restricted housing recommendations-reality-improving-impact- corruption-blamed-for-escape-of-4-000- involving isolation, American Civil Liberties detention-monitoring-bodies . . https://www.aclu.org/files/assets/stop_ 178 SMART: Specific, Measurable, Achievable, 148 DPKO 2014 (n 146). solitary_-_two_pager.pdf . of prioritisation, sequencing & risks, Argued, Root-cause responsive and Targeted 150 ‘UNAMA releases report on treatment of 163 Kitjakosol T, ‘Prison troublemakers face (source: Association for the Prevention conflict-related detainees in Afghan custody’, ‘supermax’ unit’, The Nation online, 30 of Torture) News Update from UN Assistance Mission June 2014, http://www.nationmultimedia. in Afghanistan, 20 January 2013, www. com/national/Prison-troublemakers-face- 179 Birk (n 177). unama.unmissions.org/Default.aspx?ctl=- supermax-unit-30237395.html . conditions in Greece, European Prison ID=36279 . 164 Subcommittee on Prevention of Torture Observatory, Rome, September 2013. 151 ‘Haiti: New custody area for women in and Other Cruel, Inhuman or Degrading 181 Rule 26(1), European Prison Rules; Council Les Cayes prison’, News Release from Treatment or Punishment, Report on the of Europe, Committee of Ministers, International Committee of the Red visit of the Subcommittee on Prevention Recommendation Rec(2006)2 to member Cross, 21 May 2014, https://www.icrc. of Torture and Other Cruel, Inhuman or states on the European Prison Rules, 2006. Degrading Treatment or Punishment to New org/eng/resources/documents/news- 182 US Department of Justice, Federal Prison Zealand, 25 August 2014, CAT/OP/NZL/1. release/2014/05-20-haiti-detention-women. System, FY 2014 Congressional Budget, htm . 165 Quan D, ‘Isolating prisoners is ‘cruel and Federal Prison Industries, 2014, http:// 152 DPKO 2014 (n 146). usual punishment’ in Canada, doctors’ www.justice.gov/sites/default/files/jmd/ 153 DPKO 2014 (n 146). journal says’, Canada.com, 17 November legacy/2014/04/26/bop-fpi-justification.pdf 2014, http://o.canada.com/news/national/ 183 Mackrael K, ‘Prison work programs fail 154 See for example, UK Ministry of Justice, isolating-prisoners-amounts-to-cruel-and- inmates and the public, documents show’, ‘Transforming Rehabilitation – a revolution unusual-punishment-doctors-journal-says The Globe and Mail, 7 January 2013, http:// in the way we manage offenders’, 2013. . www.theglobeandmail.com/news/politics/ 155 ‘Bids to run prison services worth £100 166 Quan (n 165). prison-work-programs-fail-inmates-and- million’, Financial Times online, 12 December the-public-documents-show/article6992471 2013. Subscription access only. http://www. 167 Sapers H, Annual Report of the Office of . ft.com/cms/s/0/03645db6-618e-11e3- the Correctional Investigator 2013-2014, 916e-00144feabdc0.html#axzz3NCGnrlHG http://www.oci-bec.gc.ca/cnt/rpt/annrpt/ 184 Sultanov A, ‘Kyrgyzstan, international . annrpt20132014-eng.aspx#sIII . Central Asia Online, 11 July 2013, http:// 156 Cokayne R, ‘Halting of public-private prison centralasiaonline.com/en_GB/articles/ deals costs construction industry’, Business 168 UN HRC 2014 (n 142). caii/features/main/2013/07/11/feature-01 Report, 22 November 2011, http://www. 169 Grassian S, ‘Psychiatric Effects of Solitary . iol.co.za/business/news/halting-of-public- Confinement’,Journal of Law and Policy, Vol private-prison-deals-costs-construction- 22, 2006, pp325-383; Haney C ‘Mental Health 185 ‘Uruguay: More than half of inmates study industry-1.1183354#.VJ_-914gPA . Confinement’,Crime & Delinquency, Vol latinalista.com/columns/globalviews/ uruguay-half-inmates-study-work . prison management’, UN Office on Drugs Sourcebook on Solitary Confinement’, The and Crime newsletter, www.unodc.org/ Mannheim Centre for Criminology, London 186 Cretenot M, From national practices to newsletter/en/perspectives/no02/page002. School of Economics, 2008. European guidelines: Interesting initiatives html; and Kolbe Foundation, Belize Central 170 Kaba F and others, ‘Solitary Confinement in prisons management, European Prison Prison, http://kolbe.bz/ . American Journal of Public Health, Vol 104, 187 ‘Prisoners drafted in to help SMEs’, Bangkok 158 Peru, ‘Peru to seek bids for first private No 3, pp442-447, 2014. Post, 18 September 2013, http://www. prison’, Bloomberg Business Week, 1 bangkokpost.com/news/politics/370344/ April 2010, www.businessweek.com/ap/ prison-inmates-to-work-for-smes . Brown I, ‘Gov’t talks of building modern prison… again’, Jamaica Observer online,

Penal Reform International | Global Prison Trends 2015 | 41 ENDNOTES

188 Neindorf B, ‘South Australian oyster industry 201 Xeku, ‘B.O.S.S. Body Orifice Security 219 Kilgore J, ‘The Spread of Electronic forms relationship with local prisons’, ABC Scanner’, http://bodyorificescanner.com/ Monitoring: No Quick Fix for Mass Rural, 15 August 2014, http://www.abc.net.au/ welcome . Incarceration‘, Truth-out, 30 July 2014, news/2014-08-15/nrn-prison-oysters/5673068 202 Sansom M, ‘NSW prisons declared http://truth-out.org/news/item/25232-the- . cashless’, Government News, 30 July spread-of-electronic-monitoring-no-quick- 189 ‘Working prisons to reach 100pct 2014, http://www.governmentnews.com. fix-for-mass-incarceration . 2014, http://www.3news.co.nz/politics/ . 220 See also Penal Reform International and working-prisons-to-reach-100pct-target- 203 Evershed N, ‘Drone used in attempt to the Association for Prevention of Torture, 2014012711#axzz3NCRHACvj; and UK smuggle drugs into Melbourne prison, say Detention Monitoring Tool: Video recording Ministry of Justice, National Offenders police’, The Guardian online, 10 March 2014, in police custody, 2013. Management System, ‘Working prisons’. http://www.theguardian.com/world/2014/ 221 See Gustin S, ‘Prison phone calls will no 190 Bastawy S, ‘Prisoners find roots of mar/10/drone-used-in-attempt-to-smuggle- longer cost a fortune’, Time, 12 February rehabilitation’, The Guardian online, drugs-into-melbourne-prison-say-police 2014, http://time.com/6672/prison-phone- 28 November 2012, http://www.theguardian. . rates/; and ‘FCC Reduces High Long- com/journalismcompetition/prisoners-find- 204 Seitz A, ‘Prisons to test security drones’, Distance Calling Rates Paid by Inmates’, roots-rehabilitation . www.daytondailynews.com/news/news/ http://www.fcc.gov/document/fcc-reduces- 191 International Labour Organization and local/prisons-to-test-aerial-security-system/ high-long-distance-calling-rates-paid- Italian Development Cooperation, The nhY5j . inmates . Mekelle Prison Project: Creating sustainable 205 ‘Centre working on software to track 222 HM Chief Inspector of Prisons, Report on livelihood opportunities for women and undertrials in prisons’, Indian Express, and unannounced inspection of HMP/YOI youth, 1 November 2013. 31 August 2014, http://indianexpress.com/ Isis 12-16 September 2011, Her Majesty’s 192 See, for example, Manjoo R, Report of the article/cities/bangalore/centre-working-on- Inspectorate of Prisons, 2011. Special Rapporteur on violence against software-to-track-undertrails-in-prisons 223 See for example, UN Office on Drugs and women, 21 August 2014, A/68/340, para . Crime, Handbook of basic principles and 68; see also Munoz V, Report of the Special 206 Prison Radio Association, promising practices on Alternatives to Rapporteur on the right to education: The http://www.prisonradioassociation.org. Imprisonment, 2007. right to education of persons in detention, 224 Prison Reform Trust/Pilgrim Trust, 2 April 2009, A/HRC/11/8, para 51; 207 ‘Hungarian prison to set up own radio station’, Daaji World, 9 September 2014, http://www. International Good Practices: alternatives Subcommittee on Prevention of torture to imprisonment for women offenders, 2013. and Other Cruel, Inhuman or Degrading daijiworld.com/news/news_disp.asp?n_ Treatment or Punishment, Report on the id=262002 . 225 See UN Women, UN Development visit of the Subcommittee on Prevention 208 Edgar J, ‘Internet access in jails ‘can cut Programme and UNICEF, Informal of Torture and Other Cruel, Inhuman or reoffending’‘, The Independent online, Justice Systems: Charting a course Degrading Treatment or Punishment 28 October 2013, http://www.independent. for Human Rights-Based Engagement, to Benin, 15 March 2001, CAT/OP/ co.uk/news/uk/crime/internet-access-in- 26 September 2012. BEN/1, para 277; Artz L and others, Hard jails-can-cut-reoffending-8907722.html 226 Whittle T, ‘Sri Lanka releases 1,200 prisoners Time(s): Women’s Pathways to Crime and . on Independence Day’, NZ Week, 5 February Incarceration, Gender Health and Justice 209 Council of Europe, Committee of Ministers, 2013, http://www.nzweek.com/world/ Research Unit, University of Cape Town, Recommendation CM/Rec(2014)4 of the sri-lanka-releases-1200-prisoners-on- 2012, p56; Cornell Law School’s Avon Committee of Ministers to member States independence-day-47528/ . International Human Rights Clinic, Ministry 210 Di Tella R and Schargrodsky E, ‘Criminal 227 ‘Georgia’s Prison Population More Than of Defence of Argentina and the University Recidivism after Prison and Electronic Halved’, Civil.ge, 28 February 2013, www. of Chicago Law School International Human Monitoring’, Journal of Political Economy, civil.ge/eng/article.php?id=25801 . Causes, Conditions, and Consequences 228 Aebi MF and others, European Sourcebook (2013), p4. 211 UN Office on Drugs and Crime, Regional Office for Central America and the of Crime and Criminal Justice Statistics 2014, 193 New Hampshire Advisory Committee to the Caribbean, The use of electronic monitoring European Institute for Crime Prevention and US Commission on Civil Rights, Unequal bracelets as an alternative to imprisonment Control, Helsinki, 2014, p300. Treatment: Women Incarcerated in New in Panama, Technical Advisory Opinion 229 UN Standard Minimum Rules for Non- Hampshire’s State Prison System, Briefing No. 002/2013. Custodial Measures (the Tokyo Rules). Report, September 2011. 212 ‘Electronic tags to ease overcrowding’, 230 Aebi and others (n 228), pp307 and 313. 194 ‘Education and Vocational Training in Prisons SouthAfrica.info, 12 November 2013, Reduces Recidivism, Improves Job Outlook’, 231 See Sapouna M, ‘What Works to Reduce www.southafrica.info/news/offender-121113. The RAND Corporation, 22 August 2013, Reoffending: A Summary of the Evidence’, htm#.U2SQKfldUm0, . html . Government, October 2011, http://www. 213 ‘Judiciary ready to look beyond jail’, scotland.gov.uk/Resource/0038/00385880. 195 Hawley J and others, Prison Education and ECNS.cn, 14 April 2014, http://www.ecns. pdf . Training in Europe: Current State-of-Play cn/2014/04-14/109199.shtml . and GHK, May 2013. stop offending: discovering desistance’, 214 ‘Ministry of Justice will Save $12,000 a Year Institute for Research and Innovation in 196 Davis LM and others, How Effective Is Per Prisoner By Using Ankle Bracelets’, Social Services, University of Glasgow, Correctional Education, and Where Do The Costarican Times, 21 September 2014, 16 May 2013. We Go from Here?: The Results of a http://www.costaricantimes.com/ministry-of- Comprehensive Evaluation, The RAND 233 Penal Reform International, Alternatives justice-will-save-12000-a-year-per-prisoner- Corporation, 2014, http://www.rand. to Imprisonment in East Africa: Trends and by-using-ankle-bracelets/31653 . . 234 Allen R, ‘What is the impact of probation on 215 Abdulova Z, ‘Kazakhstan Increases Use 197 ‘First model reformatory in Riyadh satisfying the public’s desire for justice or of Electronic Bracelet Monitoring Rather within months’, Saudi Gazette, punishment?‘, Confederation of European Than Prison’, The Astana Times, 2013, http://www.saudigazette. Probation website, 2014, http://www.cep- http://www.astanatimes.com/2015/01/ com.sa/index.cfm?method=home. probation.org/page/624/what-is-its-impact- kazakhstan-increases-use-electronic- regcon&contentid=20131211189170 on-satisfying-the-desire-for-punishment bracelet-monitoring-rather-prison/ . . . 198 ‘IGNOU educates Jail Inmates’, IGNOU 235 Lord Phillips of Worth Matravers, 216 ‘“Sobriety tag” to be worn by offenders website, 9 May 2014, http://www.ignou. ‘Community Payback: A Lord Chief of alcohol-linked crime in pilot scheme’, ac.in/ignou/bulletinboard/news/latest/ Justice’s Experience’, Courts and Tribunals Guardian online, 31 July 2014, detail/IGNOU_educates_Jail_Inmates-594 Judiciary website, http://www.judiciary.gov. http://www.theguardian.com/uk-news/2014/ . uk/you-and-the-judiciary/judiciary-within- jul/31/sobriety-tags-offenders-alcohol- the-community/lcj-community-payback 199 ‘Less jail time the more books you read’, related-crime-pilot-scheme-london . The Local, 6 May 2014, http://www.thelocal. . it/20140506/less-jail-time-the-more-books- 236 See Penal Reform International, Community 217 ‘Commentary to Recommendation REC(2006) you-read . Service in Algeria, Arabic only, http://www. 2 of the Committee of Ministers to Member penalreform.org/resource/community- 200 Petersen F, ‘Brazilian inmates offered States on the European Prison Rules’. service-algeria-arabic/ early release through reading scheme’, 218 ‘Child offender tagging system “not Global Post, 26 June 2012, http://www. 237 World Bank, Staff Guidance Note: World Bank working’’’, BBC News online, 29 September globalpost.com/dispatches/globalpost- support for Criminal Justice Activities, 2012. 2014, http://www.bbc.co.uk/news/uk- blogs/weird-wide-web/brazil-prisons- 29406199 . brazilian-inmates-cuffs-murder-crime .

42 | Penal Reform International | Global Prison Trends 2015 GLOBAL PRISON TRENDS

Penal Reform International | Global Prison Trends 2015 | 43 GLOBAL PRISON TRENDS

Regular monitoring of crime trends and the operations of criminal justice systems is […] key to measuring progress in strengthening the rule of law and advancing towards sustainable development. State of Crime and Criminal Justice Worldwide, Report of the UN Secretary-General, 19 January 2015.

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44 | Penal Reform International | Global Prison Trends 2015