GLOBAL PRISON TRENDS 2020

Special Focus Pull-out section Alternatives to imprisonment Global Prison Trends 2020 Penal Reform International Headquarters This document is co-published and produced with financial 1 Ardleigh Road assistance from the Thailand Institute of Justice. It is the London N1 4HS sixth edition of Penal Reform International’s Global Prison Trends series. Telephone: +44 (0) 207 923 0946 Email: [email protected] Penal Reform International would like to thank Dr Catherine Twitter: @PenalReformInt Appleton (University of Nottingham), Claire Cain (Women Facebook: @penalreforminternational in Prison UK), Helen Close (Omega Research Foundation), www.penalreform.org Benny Goedbloed, Batuhan Görgülü (Civil Society in Penal System Association-Turkey), Billy Gorter (This Life Thailand Institute of Justice Cambodia), Dr Katerina Hadjimatheou (University of Essex), GPF Building 15th–16th Floor Marie-Claude Jean-Baptiste (Cyrus R. Vance Center for Witthayu Road, Pathum Wan International Justice), Matthew McEvoy (Omega Research Bangkok 10330 Foundation), Fergus McNeill (University of Glasgow), Thailand Fíona Ní Chinnéide (Irish Prison Reform Trust), Marie Nougier Telephone: +66 2118 9400 (International Drug Policy Consortium), Teppei Ono Email: [email protected] (Japanese Center for Prisoners’ Rights), Claudio Paterniti Twitter: @TIJthailand Martello (Associazione Antigone-Italy), Selene Pineda Facebook: @tijthailand.org (UNODC-ILANUD), Aurélie Plaçais (World Coalition Against www.tijthailand.org the Death Penalty), Luciana Pol (Centro de Estudios Legales Second version published in May 2020. y Sociales-Argentina), Maiko Tagusari (Japanese Center First version published in April 2020. for Prisoners’ Rights), Sonja Tošković (Belgrade Centre This is the second version published on 12 May 2020 with for Human Rights), and Prof. Dirk Van Zyl Smit (University corrections made to statistics pertaining to drug-related of Nottingham and Chair of PRI) for their contribution to offences and country-specific penitentiary budgets that the report. came to the author’s attention after publication. Its contents are the sole responsibility of Penal ISBN: 978-1-909521-68-1 Reform International. © Penal Reform International 2020 This publication may be freely reviewed, abstracted, reproduced and translated, in part or in whole, but not for sale or for use in conjunction with commercial purposes. Any changes to the text of this publication must be approved by Penal Reform International. Due credit must be given to Penal Reform International, the Thailand Institute of Justice and to this publication. Please note the version cited if quoting this publication (this is version 2). Enquiries should be addressed to [email protected]

Cover photo: Women’s prison in Libya. Graphic design by Alex Valy. Printed on 100% recycled paper. CONTENTS

CONTENTS

Introduction 3 Key messages 4 Global Prison Trends key facts and figures 6

1. Crime, justice and imprisonment 9 Crime and imprisonment 9 Cycles of imprisonment 10 Drug policies 11 Responses to violent extremism and prevention of radicalisation 12

2. Trends in the use of imprisonment 15 Funding of penitentiary systems 15 Pre-trial detention 17 Death penalty 18 Life imprisonment 20

3. Prison populations 21 Women 21 Children 22 Older persons 25 Persons with disabilities 27 Lesbian, gay, bisexual, transgender and queer people 27 Foreign nationals, minorities and indigenous peoples 28 People in prison without proof of legal identity 29

4. Prison management 31 Health in prison 31 Coronavirus pandemic and prisons 31 Security and violence 34 Deaths in custody 35 Equipment in prisons and use of force 37 Self-government 38 Prison staff 39 Rehabilitation of people in prison, and environmental sustainability 40 Fragile and conflict-affected states 43 Natural disasters and extreme weather 44

5. Role and use of technologies 45

Index 48 Endnotes 50

Centrefold: Special Focus 2020 Pull-out section Alternatives to imprisonment

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 1 INTRODUCTION

The overwhelming majority of people in prison continue to come from disadvantaged backgrounds and are likely to have a history of abuse and neglect, often experienced as children.

Adults and children in a detention centre in the Philippines.

2 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 INTRODUCTION

INTRODUCTION

This sixth edition of Global Prison schemes, all aim to limit the number At the end of this decade, states’ Trends is jointly published by of people coming into contact commitment to improve the Penal Reform International (PRI) with the criminal justice system criminal justice system will be and the Thailand Institute of to begin with. measured against the 2030 Agenda Justice (TIJ) at a crucial time, with for Sustainable Development’s The Special Focus is even more prisons and justice systems facing commitment: ‘No one will be left relevant as we mark the 10th unprecedented challenges, alongside behind.’ Given the trends highlighted anniversary of the Bangkok Rules in their communities, brought by the in this year’s report, it is crucial December this year. We must reflect COVID-19 global pandemic. for member states to give special on measures taken to address the attention to populations, including As detailed in Global Prison Trends, growing number of women entering women, children and others who are despite widely documented criminal justice systems. The marginalised in justice systems, and challenges in creating fair and Bangkok Rules themselves recognise often in the wider community. effective criminal justice systems, that prison is usually an ineffective, there have been some positive and often damaging, solution to We continue to publish Global Prison steps taken towards the practical offending by women, hindering their Trends as a tool for policy-makers, implementation of international social reintegration and ability to practitioners, a reference for human rights standards related live productive and law-abiding lives academics, and an inspiration for to criminal justice, such as the following release. penal reform activists and human UN Standard Minimum Rules for the rights defenders. Limited publicly As we look forward, we must more Treatment of Prisoners (the Nelson available data remains a challenge generally interrogate ourselves on Mandela Rules) and the United for us—and for all stakeholders who the continued growth of the overall Nations Rules for the Treatment of rely on evidence-based policies— prison population, documented Women Prisoners and Non-custodial however thanks to PRI’s research again in this year’s Global Prison Measures for Women Offenders and operations in many parts of the Trends. The few countries that have (the Bangkok Rules). As many globe and TIJ’s expertise we are able low numbers of people in prison prison and probation systems face to count on first-hand information allow us to see that it is possible common challenges, such efforts informing the trends we document to prevent crime without using should be looked to for inspiration in this year’s report. custodial sentences as the primary and replicated. tool. These countries remain an Many challenges are a result of exception, however, with too many Florian Irminger Dr Kittipong Kittayarak the increasing number of people states reporting incredibly high Executive Director Executive Director in prison and so 30 years on from rates of prison overcrowding. Penal Reform Thailand Institute the adoption of the UN Standard Overcrowding can be life-threatening International of Justice Minimum Rules on Non-custodial with major health issues arising due Measures (the Tokyo Rules) this year’s to the poor detention conditions Special Focus focuses on alternatives in overburdened prison facilities to imprisonment. We take a look at — today’s coronavirus pandemic the implementation of alternatives is a grave reminder of these to imprisonment used and some long-standing issues. Furthermore, challenges facing governments. overcrowding prevents prisons We also look at the barriers to their from fulfilling their proper function expansion, a cause and consequence in the rehabilitation of offenders. of prison remaining a response to Many governments have looked to crime in many countries. It is clear reducing prison populations amid the that non-custodial measures and COVID-19 pandemic. Such measures sanctions should be part of wider should be part of a long-term reform reforms to limit the reach of the strategy to address overcrowding criminal justice system. Crime and the disproportionate numbers prevention, decriminalisation of marginalised people in detention. of certain offences and diversion

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 3 KEY MESSAGES

KEY MESSAGES These key messages do not cover all of the trends identified in Global Prison Trends 2020, but they represent some of the most pertinent and pressing issues facing criminal justice systems that require urgent attention.

Record levels of people Over 11 million people are imprisoned globally, the highest number 01 in prison yet. Around 102 countries reported prison occupancy levels of over 110 per cent. The magnitude of issues and associated human rights violations stemming from over-imprisonment became clear in efforts to prevent and contain outbreaks of COVID-19 in prisons.

Women face gender- Almost ten years since their adoption, the UN Bangkok Rules on 02 based discrimination women prisoners and non-custodial alternatives for women remain largely unimplemented. The global female prison population doubled in prison and the wider in twenty years, yet justice systems and institutions remain largely criminal justice system designed for a homogeneous male population.

New data confirms While some countries have made strides towards child-specific 03 children are not justice legislation, child-friendly courts and specialised procedures, new data estimates that at least 410,000 children remain detained detained ‘as a measure in remand centres and prisons every year, with an estimated 1 million of last resort’ children held every year in police custody.

Non-violent offences A large majority of people caught in criminal justice systems are 04 attract too many arrested for, charged with or convicted of non-violent offences. Some legal reforms, particularly in Africa, stemmed from efforts prison to decriminalise petty offences. sentences Pre-trial detention People who have not been found guilty of a crime outnumber 05 is too often the norm, convicted people in prison in at least 46 countries. Minorities, foreign nationals, women and the poorest people of our societies not the exception are all more likely to be detained on remand.

Drug policies Prohibition-based drug policies have driven prison populations 06 contribute up. Over 2 million people are in prison for drug-related offences, 0.5 million of them serving a sentence for drug possession for to growing prison personal use. A larger proportion of women than men are imprisoned populations for drug offences.

Imprisonment Punitive systems contribute to rising prison populations by failing 07 continues to be a to fulfil the rehabilitative purpose of imprisonment and by further marginalising people from vulnerable groups. This, alongside a lack discriminatory cycle of individualised rehabilitation and sentencing plans for people that is hard to break in prison, results in high recidivism rates in many countries.

Massive use of life Almost half a million people are serving a formal life imprisonment 08 sentences leads to sentence, with many more effectively serving life de facto. Reform towards more proportionate sentences remains slow and several human rights countries are looking to introduce life sentences, towing the ‘tough violations on crime’ line. People serving life usually face harsh regimes.

Abolition of the death While progress towards abolition of capital punishment continues 09 penalty continues but to be seen, most notably in Africa, long-time abolitionists are seeing a resurgence of calls for the reinstatement of capital punishment. with some setbacks More than 20,000 people are detained on death row worldwide living in inhumane detention conditions and often following unfair trials.

4 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 KEY MESSAGES

Funding for A comparative overview of government expenditures on prisons 10 penitentiary systems across 54 countries shows that it usually amounts to less than 0.3 per cent of their gross domestic product (GDP). Staff and generally remains low infrastructure appear to receive the greatest share of funds allocated, with many countries spending alarmingly low amounts on food and rehabilitation programmes.

Alternatives to A wide range of diversion and alternatives at the pre-trial and 11 imprisonment offer post-conviction stages are available. Alongside crime prevention initiatives and adequately funded rehabilitation programmes, they a solution to global can help tackle key challenges. The political backing of alternatives challenges, including to imprisonment as a response to the coronavirus pandemic need COVID-19 to be harnessed for longer-term reform.

There are a number The key barriers to the expansion of alternatives include 12 of structural barriers inexistent or inadequate legal frameworks, lack of resources and infrastructure, and lack of trust in them from judicial authorities to the expansion and the wider public. There are also certain groups that have unequal and implementation access to community-based measures, such as foreign nationals. of alternatives to imprisonment Marginalised people People belonging to marginalised groups, including foreign nationals, 13 are over-represented minorities, indigenous peoples, people with disabilities and LGBTQ people, are disproportionately arrested and imprisoned. They face and neglected in prison greater risks of human rights violations at the hands of authorities.

Prison health is In a large number of countries there is inadequate healthcare 14 deprioritised despite provision in prisons due to underresourcing and a lack of healthcare staff. Various approaches were taken by authorities to prevent the magnitude of COVID-19 disease outbreaks in places of detention to protect both negative impacts staff and people detained, but some have occurred.

Prison and probation Low levels of job satisfaction among prison and probation staff, 15 systems lack adequate coupled with low pay, are common issues faced in recruiting and retaining sufficiently educated staff. Budget cuts, staffing numbers of trained shortages, and increasing prison populations often lead to staff deteriorating working conditions for staff that also affect the detention conditions of people in prison.

Violence in detention High levels of prison overcrowding contribute to the increasing 16 is on the rise number of violent incidents in prisons globally, as does institutional impunity and a lack of transparency. In the past decade there has been an increase in the use of ‘special intervention forces’—riot squads or ‘emergency response teams’—being employed to respond to major incidents like riots.

Deaths in custody The mortality rate for people in prison is as much as 50 per cent 17 are common and higher than for people outside. The most common causes are suicide and fatal violent clashes, with other reasons being torture preventable or ill-treatment, and infectious diseases and ill-health. Investigations into all deaths remain lacking and, where undertaken, fail to achieve reform.

New technologies Technological innovation provides many opportunities in 18 and AI bring benefits criminal justice systems, although a ‘digital gap’ excludes some countries, particularly in Africa. Tools using Artificial and new challenges Intelligence (AI) technologies have led to calls for greater regulation and consideration of impacts before further expansion.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 5 KEY FACTS & FIGURES

GLOBAL PRISON TRENDS

Prison populations Sentencing trends

THE GLOBAL PRISON POPULATION IMPRISONMENT IS OVERUSED AND IS INCREASING. SENTENCES ARE GETTING LONGER.

20% 0.5 84% + million 8 11 PEOPLE million million SERVING LIFE 2002 2018 SENTENCES 2000 2014 700,000+ 19,000 + WOMEN CHILDREN 20,000 LIVING IN PRISON PEOPLE ON DEATH ROW 50% WITH THEIR SINCE 2000 MOTHERS

Estimated OFFENCES + PEOPLE ARE + 410,000 IN PRISON FOR: CHILDREN IN 1 million 50% DETENTION CHILDREN IN NON-VIOLENT FACILITIES POLICE CUSTODY

7% PEOPLE IN 20% PRE-TRIAL + 20% (0.5 million) DETENTION 3million OF THESE FOR HOMICIDE DRUG-RELATED POSSESSION FOR PERSONAL USE

MORE RESEARCH AND DATA NEEDED ON: IMPRISONMENT IS A RECIDIVISM RATES CYCLE HARD TO BREAK REMAIN HIGH LGBTQ persons Foreign nationals Ethnic and religious minorities Poor and socially excluded populations People in police custody

MANY CRIMINAL JUSTICE SYSTEMS CONTINUE TO BE DISCRIMINATORY. MASS IMPRISONMENT IS EXPENSIVE.

6 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 KEY FACTS & FIGURES

KEY FACTS & FIGURES

Funding Detention conditions

FUNDING FOR MOST CRIMINAL DETENTION CONDITIONS ARE JUSTICE SYSTEMS IS TOO LOW. SUBSTANDARD IN MANY COUNTRIES.

JUSTICE IS UNDERFUNDED THIS IMPACTS: PRISONS IN Courts + Probation 124 countries Prisons Police EXCEED THEIR MAXIMUM OCCUPANCY RATE MAJORITY OF PENITENTIARY BUDGET IS SPENT ON: THIS LEADS TO: Violence Higher rates of death in custody Lack of healthcare Infrastructure Staff Security Low rehabilitation opportunities

SUICIDE AVERAGE TOTAL RATE IN SUICIDE IN SUICIDE IN THE 0.2% EXPENDITURE ON PRISONS CUSTODY COMMUNITY OF GDP PRISONS IN THE IS HIGH EUROPEAN UNION 25 11 per 100,000 per 100,000

PRISONERS PERSONS

FOOD BUDGET PER DAY USE OF Expanding involvement PER PRISONER IN: of the private security sector OW FORCE AS L AS Cambodia IS A RISING Expanding use of special interventions Central TREND African Republic Increasing use of heavy Kazakhstan equipment lethal weapons

LOW FUNDING LEADS TO POOR DETENTION POOR DETENTION CONDITIONS LEAD TO CONDITIONS AND A LACK OF HEALTHCARE. HUMAN RIGHTS VIOLATIONS.

ALTERNATIVES TO IMPRISONMENT PROVIDE A SOLUTION.

THEY DO NOT SEPARATE FAMILIES THEY HELP REDUCE OVERCROWDING THEY HELP REDUCE COSTS OF CRIMINAL JUSTICE SYSTEMS THEY AVOID THE DAMAGE OF IMPRISONMENT THEY BETTER ADDRESS INDIVIDUAL OFFENDING TRAJECTORIES THEY BETTER REDUCE RECIDIVISM

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 7 CRIME, JUSTICE AND IMPRISONMENT

Photo caption to go here.

Studies strongly suggest that there is no link between the number of people in prison and levels of crime.

Prison in Italy.

8 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 CRIME, JUSTICE AND IMPRISONMENT

Part one CRIME, JUSTICE AND IMPRISONMENT

Crime and imprisonment

There are more than 11 million imprisoned, followed by Brazil use, resulting in just under half people estimated to be in prison where, based on figures from a million in prison for that offence.5 on any given day globally. This figure June 2019, the prison population Conversely, data from 93 countries excludes police or administrative approaches 760,000. suggest that roughly one out of custody and also does not show the every 14 prisoners worldwide Studies strongly suggest that there actual number of people that move (7 per cent) had been convicted is no link between the number of in and out of prison in a given year, of homicide.6 people in prison and levels of crime. which remains undetermined. Global Some research has suggested Understanding and measuring prison rates remain stable, although that links can be made between levels of crime at the global level there have been ‘substantial reduced welfare systems and is complex and an ongoing area changes’ in some countries increased imprisonment rates, and of research. One crime where and regions. The World Prison correspondingly between levels comparisons are possible and Population List of 2018 reports of social inequality and increased undertaken is intentional homicide, that prison population levels per imprisonment rates. There has which is used as an indicator head of population rose less than also been a link made between on violent deaths and therefore 1 per cent over three years between inclusionary or exclusionary can suggest levels of crime and 2016—2018.1 political frameworks and increased violence in a society. In 2019, The United States has the highest imprisonment rates.4 Low acquittal the UN published a new Global absolute number of people in prison rates, including due to a lack of Study on Homicide, analysing data globally, with over 2.1 million people procedural rights, in some countries collected in 2017. While at the in prison at a rate of 655 people per serve to consistently feed people global level there is an ongoing 100,000 of the national population, into prison systems. decline in intentional homicide, yet rates of violent crime continue in the Americas there was a historic Data suggests that a significant to fall.2 The country has witnessed high recorded in 2017 (since data proportion of people caught a 700 per cent imprisonment collection began in 1990), with a in criminal justice systems are population increase since 1970, rate of 17.2 victims of intentional arrested for, charged with or with a peak in 2009, and a small homicide per 100,000 population.7 convicted of non-violent offences. decline overall each year since In 2017, the estimated number then owing to reductions in some of people arrested or suspected states and recently at the federal of drug possession globally level.3 China has the second highest was 1.9 million, with 860,000 of prison population globally, with those people being convicted an estimated 1.7 million people for drug possession for personal

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 9 CRIME, JUSTICE AND IMPRISONMENT

Cycles of imprisonment

International standards are clear about 40 per cent of people released a higher risk of reoffending after that the purpose of a prison from prison are reimprisoned in the prison than adults;10 and in Japan, sentence, or a non-custodial two years following their release. older persons have comparably sanction, should be primarily The reconviction rate after two higher reoffending rates than rehabilitative. The International years post-release from prison is other adults.11 Covenant on Civil and Political higher than 60 per cent in such Upon release, people who have Rights, ratified by 172 UN member countries as Sweden, Denmark and been in prison are often left with states, is explicit in its statement New Zealand.9 few resources, no educational that the ‘penitentiary system shall There are many factors which or employment prospects and comprise treatment of prisoners, influence whether a person will sometimes nowhere to live; they the essential aim of which shall reoffend, but recidivism is invariably also face discrimination when be their reformation and social linked to difficulties people face applying for jobs or seeking housing. rehabilitation.’ The UN Nelson in re-establishing themselves as Their marginalisation from society Mandela Rules and UN Bangkok law-abiding citizens after their leads to a higher risk of antisocial Rules set out how prison systems release. This is often because they behaviour and the likelihood can fulfil this commitment were not provided with adequate of reoffending. including by the provision of rehabilitation and reintegration a range of rehabilitation and In England and Wales in 2016, opportunities in prison (sometimes reintegration opportunities. two-thirds of homeless people due to prison overcrowding) or who had previously been imprisoned In most parts of the world, however, appropriate post-release support. reoffended within a year after imprisonment continues to be a Families and communities also need their release.12 In other countries, cycle that is hard to break, not least to be better prepared so they can figures show that reoffending rates due to punitive systems that fail to assist in reintegration efforts. increase over time, as institutional provide a rehabilitative approach. Certain groups have higher support wanes. For instance, in In El Salvador, the country with the reoffending rates than Israel, reimprisonment increased second-highest prison population others, which may be linked from 18 per cent within one year rate per capita globally, about to the lack of individualised to 41 per cent within five years.13 one in five individuals in prison treatment programmes, such as In the US, 83 per cent of released has been convicted of a criminal age-appropriate support. The detainees are rearrested within nine offence before.8 In Australia and Central Statistics Office of Ireland years, compared to 44 per cent in the Canadian province of Quebec, reported that young people had the first year.14

European Court on Human Overcrowding levels are even higher in some facilities, with Rights orders France to act on at least one prison in which the number of people held doubled the beds available.19 Several of the people who were part of this prison overcrowding and pay case had been detained for years in overcrowded cells, with an out compensation allocated personal space below the recommended desirable standard of 4 square metres set by the European Committee In January 2020, the European Court of Human Rights (ECtHR) on the Prevention of Torture.20 ruled that France violated people’s rights for holding them in overcrowded prisons in conditions that constituted a violation The court also noted a lack of privacy and inadequate facilities of the prohibition of inhumane and degrading treatment. The for hygiene—with toilets separated from the rest of the room by Court ordered France to pay damages to 32 people from six only a curtain, mattresses on the floor right next to the toilets, prisons in France and its overseas territories in Martinique, and pest infested buildings and cells. The situation was further French Polynesia and Guadeloupe.15 The damages payable aggravated by a lack of activities and out-of-cell time, with range from EUR €4,000 to 25,000 each, totalling more than some people in prison locked in their cells for more than twenty €500,000.16 The case built on the Court’s rulings against Italy hours a day. and Hungary, in which systemic overcrowding prompted the Notably the European Court ruled that the inhumane and adoption of pilot judgements requiring the states to effectively degrading conditions stemmed from the overall overcrowding address the underlying causes and impacts. situation in French prisons and made recommendations to Prison overcrowding is described by the Contrôleure générale eliminate such levels—a decision that was widely covered in the des lieux de privation de liberté—the French independent French media. In response, the Ministry of Justice reported the prison monitoring mechanism—as ‘endemic’ 17 with an overall ongoing expansion of the prison estate and that an additional prison capacity at 116 per cent, one of the highest in Europe.18 7,000 prison places are currently under construction.21

10 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 CRIME, JUSTICE AND IMPRISONMENT

The overuse of pre-trial detention Moves to reduce recidivism require Republic reported record-low (see Pre-trial detention) and a shift in perspective on criminal reoffending rates among people short-term prison sentences also justice and prisons, from punitive released from prison.22 contribute to high recidivism to rehabilitative approaches. Some of these efforts are not rates. Due to their temporary and While on the one hand, some new, and there is proof of their short-term nature, short prison countries have increased the effectiveness in recidivism rates. sentences leave little space for number of offences carrying the For example, Norway underwent rehabilitation and reintegration sentence of life imprisonment a series of penal reforms in the programmes, yet they can and there is a general lengthening late 1990s, shifting the focus from have long-lasting, detrimental of prison terms contributing to punishment to rehabilitation, in consequences for people affected high prison occupancy levels. order to ‘plan [the detainees’] and their families. For instance, On the other hand, some countries release on the first day they loss of employment, divorce, have made significant steps arrive’.23 These reforms included loss of custody or joint custody towards a rehabilitative approach well-kept infrastructure and of children, and loss of national to sentences. Many states are improved living conditions; benefits are common. providing more opportunities for recreational, educational and probation and parole, and they The development of alternatives professional activities and support; provide educational, vocational to pre-trial detention and contact with the outside world, and social programmes which non-custodial sentences are one including work opportunities take into account the plurality of of the most effective ways of and more opportunities to spend detained individuals’ profiles, such reducing prison overcrowding and time with their families. They as their ages, previous convictions, reducing recidivism, but it is not contributed to bringing the overall socio-economic status and without potential setbacks and reimprisonment rate two years after family backgrounds. Open prisons continues to require resources to release to 20 per cent, one of the have also proven to be one such ensure programmes are effectively world’s lowest.24 measure that improve rehabilitation monitored and evaluated. (See prospects. For example, in 2019, Special Focus: Alternatives the first open prison in the Czech to imprisonment)

Drug policies

Figures on the number of people Approximately 20 per cent of them, such policies tend to imprison who use drugs worldwide show constituting 0.5 million people, drug users or the low-level dealers that decades of policies to punish are serving sentences for drug (micro-traffickers, i.e. people who consumption have failed. In 2017, possession for personal use. In move or deal drugs at a community there were an estimated 271 some states, there is mandatory level rather than internationally). million people, or 5.5 per cent of pre-trial detention for drug-related Furthermore, there is evidence the global population aged 16-64, offences, regardless of their nature, that people belonging to certain who had used drugs in the previous including in Bolivia, Brazil and groups are disproportionately year—a 30 per cent rise from 2009. Ecuador.26 targeted, arrested and imprisoned According to the UN World Drug under drug laws. For instance, racial Ruth Dreifuss, the former President Report 2019, the number of people discrimination and heavy policing of Switzerland and member of the who are thought to ‘suffer from drug of black neighbourhoods are Global Commission on Drugs, has use disorders’ is now estimated to factors given for the high number written that: ‘Prison is the most be 35.5 million—15 per cent higher of black people in US prisons for glaring expression of the failures than the previous estimate of drug-related offences. A research of prohibition-based drug policies 30.5 million.25 project in Texas found that the high … Above all, incarceration is the proportion of arrests of black people Prison remains a common response epitome of the human cost of these for possession of small quantities to drug use in many countries failed policies.’27 of drugs was linked to the fact that around the world, with crisis Where prison has remained the traffic stops and searches targeted levels of overcrowding becoming norm for drug-related offences, black drivers more frequently.28 the norm. Approximately one in there is an ever-increasing body five people in prison worldwide, Women continue to be of research demonstrating that, totalling over 2 million people, are disproportionately impacted by drug rather than imprisoning high-level in prison for drug-related offences. policies, demonstrated by the fact figures in drug trafficking rings,

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 11 CRIME, JUSTICE AND IMPRISONMENT

that a larger proportion of women convicted of low-level drug-related In the Philippines, 2019 represented (35 per cent) than men (19 per cent) offences in England and Wales, the third year of President Duterte’s are in prison for drug-related Germany and New Zealand. ‘war on drugs’, which has resulted offences globally.29 A number of in thousands of deaths. Although Drug offences remain punishable countries are driving these numbers the exact number is unknown, by death in at least 35 countries and up, including Ecuador, for instance, according to the Philippine National territories worldwide. In January where women convicted of Police (PNP), there were 6,600 ‘drug 2020, civil society groups called for drug‑related offences accounted personalities’ killed between July international action in the cases of for 52.9 per cent of the female 2016 and the end of May 2019.32 two Bahraini men convicted of drug imprisoned population in 201830 and In 2019, the UN mandated an trafficking and smuggling when their in Thailand, where the rate went investigation into the human rights death sentences were upheld by the as high as 84 per cent. On the other situation, joining the International country’s highest court. Elsewhere, hand, PRI’s research has shown that Criminal Court’s efforts to enhance in Singapore, data shows that non-custodial sanctions are the accountability by documenting 84 per cent of the total executions most common sentences for women and investigating violations of between 2014—mid-2019 were for human rights. drug cases.31

Responses to violent extremism and prevention of radicalisation

Responses to violent extremism individuals who are in fact not guilty limited training in in human rights and the prevention of radicalisation of any ‘violent extremism’ or of acts and radicalisation appraisal, among that leads to violence, including of terrorism.34 other features of the regime.35 in prisons, remains a key priority Vague and far-reaching definitions There have been several recent for many governments and a can also trigger criminal justice high-profile incidents in a few major issue of discussion at the processes unnecessarily. They can countries that sparked public international level. lead to individuals sentenced for debate about rehabilitation Defining what constitutes ‘violent ‘extremism’-related offences being initiatives for people convicted extremism’ or ‘radicalisation’ allocated to detention facilities with of terrorist-related offences. continues to raise human rights people convicted and sentenced In England, a participant in a concerns. In March 2020, the for terrorism and other violent prison-university partnership UN Special Rapporteur on the offences. Such situations lead to programme fatally attacked two promotion and protection of human legitimate risks of radicalisation people at a rehabilitation event in rights while countering terrorism that may lead to violence, in turn late 2019. In May 2019, 20 prisoners expressed ‘grave concerns about weakening counterterrorism efforts. and 3 prison officers were killed the use of the terminology of in Tajikistan during a prison riot People convicted of terrorism- “extremism” and its expanding ambit’ instigated by a group of so-called related offences or perceived and underlined that ‘the category ‘Islamic State of Iraq and the to be at risk of radicalisation of “extremist” crimes is particularly Levant’ (ISIL) members, according are commonly segregated from vague and problematic’ with abuse to authorities. Two months earlier the general prison population. of ‘extremism’ law and practice in France, a prisoner and his wife In Belgium, individual security potentially leading to sustained stabbed two prison officers in regimes or measures, including the human rights violations.33 an attack that was labelled as so-called ‘D-Rad:Ex wings’ used ‘terrorism’ by the authorities.36 Such issues were raised in 2016 by for people including those ‘flagged’ the UN Human Rights Committee as showing signs of radicalisation, One key issue that has received who called on Kazakhstan to revise were criticised by the UN Special further attention is the situation broad formulation of concepts Rapporteur on the promotion of the estimated 4,640 children of ‘extremism’, ‘inciting social or and protection of human rights who travelled to Iraq or Syria, either class hatred’ and ‘religious hatred and fundamental freedoms while alone or with their families, to join or enmity’ contained in the country’s countering terrorism in March so-called ISIL. Around 1,460 children legislation. The Committee was 2019. Concerns included the role who were either born in Iraq or concerned that without a narrowing of prison officers’ evaluation in the Syria to parents who left their home of such concepts they can be radicalisation assessment process, countries to join ISIL, or travelled used to limit freedoms or target especially since they often have with them to Iraq or Syria have since

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returned to their parents’ countries Kingdom have sought to strip those The Council of Europe (CoE) of origin (or their countries of involved in terrorist groups of Parliamentary Assembly adopted origin).37 There has been a mixed their nationality. a resolution in January 2020 response by governments to this calling on States to ensure the Where countries do meet their group of children, despite the basic immediate repatriation of children obligations to repatriate children, requirement of international human who are citizens of their member the treatment upon their return rights law that they are responsible states.39 PRI, together with the similarly varies. Kazakhstan for their citizens, including to Child Justice Advocacy Group, is working to support women repatriate them. published a position paper, ‘Bringing and children returning with the Children Home: A children’s rights Kazakhstan has worked to repatriate Ministry of Education cooperating approach to returning from ISIL’,40 significant numbers; as of the end with two non-governmental which details key issues and of 2019, 406 children had returned organisations (NGOs) to open recommendations to protect the from Iraq and Syria to the country. 17 regional rehabilitation and human rights of children who A dramatically different policy reintegration centres across remain in refugee camps in Iraq and has been adopted in other states, the country. Denmark’s model Syria. As of May 2019, 90 per cent with litigation pending in several involves multi-sectoral cooperation of the 73,000 people living in the European countries over the and specialised psychological al-Hol camp in Syria were women repatriation of ‘foreign fighters’ counselling, albeit alongside and children. and their children, including a policy of prosecution for any the Netherlands and Germany.38 returnees suspected of having Switzerland and the United committed crimes.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 13 TRENDS IN THE USE OF IMPRISONMENT

Prison cell in Honduras.

The data available shows penitentiary systems generally receive low levels of funding; it also suggests that amounts spent on food can be alarmingly low.

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Part two TRENDS IN THE USE OF IMPRISONMENT

Funding of penitentiary systems

Prison systems need to be necessary infrastructure and between countries and the common adequately resourced if they are equipment to recruitment, training lack of transparency make it difficult to run smoothly. In order to reduce and salaries for staff. to know what prison budgets cover, recidivism and keep society safe, data suggests that amounts spent It is difficult to quantify the authorities need to meet costs for on food can be alarmingly low. In amount of money spent on criminal providing a conducive environment Kazakhstan, out of the total budget justice systems, and specifically for rehabilitation and meet the for 2019 of EUR €7.76 (KZT 3,314) penitentiary systems, at the global wide-ranging needs of people allocated per person in prison per level. One reason for this is the lack detained. However, many prison day, EUR €1.41 (KZT 603) is for food— of transparency. Information is not systems have so few resources although this amount has been always readily available or complete, that they struggle to meet basic almost doubled in recent years. In and sometimes this is justified on needs such as food, healthcare, Cambodia, the amount allocated the grounds that it is a national clothing and even shelter in a safe, for food per prisoner per day was security matter. hygienic environment, let alone reported to be less than EUR €1 a rehabilitative-focused regime. Where data is available, it shows (KHR 3500) and about the same that, with a few exceptions, amount is planned in the Central In many countries, authorities penitentiary systems generally African Republic for 2020. rely on families, NGOs or religious receive low levels of funding, organisations to provide food, Unsurprisingly staff and demonstrating that prisons healthcare services and other infrastructure appear to be remain a low political priority. essentials for people in prison. In the main costs for prisons. In A comparative overview of Niger, no food is provided to people France, around 41 per cent of the government expenditures on in pre-trial detention (representing penitentiary administration’s 2017 prisons across 54 countries shows more than half of the prison budget was dedicated to staff, that it usually amounts to less than population) so they are entirely administrative and operational 0.3 per cent of their gross domestic dependent on their family members costs. In Italy, the proportion is product (GDP).43 For instance, to deliver food and water.41 In Yemen, higher, with 76 per cent of the in 2017 the European Union (EU) PRI provided medicines to treat the penitentiary administration’s 2019 28 member states’ spending on cholera outbreak in a prison in 2017. budget being allocated to personnel prisons averaged 0.2 per cent of The International Committee of the costs.46 In South Africa, employee national GDP. Spending on police Red Cross (ICRC) often supports compensation and payment for services averaged 0.9 per cent and sometimes supplements public buildings and other fixed structures of national GDPs.44 authorities in providing basic food amounted to 74 per cent of the and healthcare in prisons all over The general amount allocated Department of Correctional the world, including for instance per prisoner varies greatly across Services’ 2018-19 budget.47 in Nigeria where it provided food countries (see overleaf). In North Numerous countries have seen supplies to 6,000 people in prison Macedonia, about EUR €17 a day— their prison budget as a proportion in 2018.42 the lowest amount in Europe—was of GDP decrease over the last few spent on each prisoner in 2017, There are also significant financial years. Figures show that India’s while at the other end of the costs associated with safety budget for prisons in absolute terms spectrum, Sweden spent €380 a day and security, from maintaining rose between 2014-18; however, per prisoner.45 While differences

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when the figures are taken as a those in prison and their families, diminishing funds allocated to the proportion of the country’s GDP, as well as for staff. Budget criminal justice system in recent there is a decrease in the proportion cuts have resulted in increased years. The Moroccan penitentiary allocated, despite an increase in violence, including assaults against administration warned that the the number of people in prison.48 staff, a decrease or complete number of new staff posts to be Similar trends are observed in cut in available rehabilitation created in 2020 was ‘not sufficient Burkina Faso, South Africa and programmes, less opportunities to cover the imperious human the Slovak Republic.49 for contact with the outside world resources needs’.50 and reductions in healthcare When penitentiary systems have Increasing levels of self-harm, and other basic services. In their funding reduced, there is a violence and suicide in prisons can England and Wales, civil society wide range of consequences for be consequences of budgetary organisations have denounced the

BUDGET ALLOCATED PER PRISONER PER DAY (IN EUROS) These figures are illustrative based on publicly available information.* Given the discrepancies on the details of data available, the figures in this visual are not intended to be used for a strict comparison. Rather they intend to illustrate the wide variance in funding of penitentiary systems. Figures were either calculated by PRI based on data gathered from national and international authorities; or taken directly from already aggregated data, where available.

CANADA MOROCCO ITALY CZECH REPUBLIC UKRAINE TURKEY ARMENIA KAZAKHSTAN MONGOLIA 2018-19† 2020 2019 2017 2017 2019 2017 2019 2017 327.13 7.53 131.39 46.06 7.54 11.92 11.11 7.78 24.63

JAPAN 2017 13.80

JAMAICA MYANMAR 2019-20 2017 36.00 1.04

PARAGUAY CÔTE D’IVOIRE PAKISTAN SINGAPORE THAILAND 2019 2019 2019-20 2019 2017 7.73 0.71 0.01 103.01 2.13

URUGUAY 2019 33.18

ARGENTINA SOUTH AFRICA ZIMBABWE UGANDA TANZANIA NEW ZEALAND 2019 2018-19 2019 2019-20 2019-20 2019 11.67 25.83 1.07 3.08 5.90 350.96

* Sources include national financial authorities (budget and finance ministries); national prison services; international financial authorities (government expenditures on prisons – as gathered by Eurostat and the International Monetary Fund (IMF)); Council of Europe SPACE statistics; and civil society reports. † Canada: figure applicable to people imprisoned at the federal level. 16 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 TRENDS IN THE USE OF IMPRISONMENT

pressure.51 In Kenya, a series changes, and broader societal increased prison populations is of prison visits by the National costs, would push this estimate earmarked for building or expanding Commission on Human Rights found higher still. prison estates. For example, that issues such as overcrowding, in Morocco, MAD 160.7 million One measure to save or limit public poor sanitary conditions and lack (EUR €15.2 million) will be allocated spending on prisons has been to of nutritionally adequate food in 2020 to investments in the prison involve the private sector in Public were ‘mainly linked to the limited estate although only a tenth of that Private Partnerships (PPPs) to budgetary allocations to the Kenya (MAD 10.3 million) will be put towards deliver some or all operations of Prisons Service’.52 reintegration efforts.57 A new plan facilities. Proponents maintain that to build 10,000 new prison places Beyond the direct costs of privatising prisons reduces the in England and Wales received imprisonment, such as those burden of imprisonment on public GBP £2.5 billion (EUR €2.9 billion) associated with infrastructure expenditures, however several in funding from the Government.58 or operations, there are indirect studies in recent years have shown As a comparison, the total amount costs including those incurred that the value of private prisons was spent in 2018 on probation services by families of people in prison. far from evident.55 They pointed to was about GBP £824 million Such indirect costs ‘are difficult further issues such as the risk of (EUR €917.5 million).59 to measure but … are immense lower prison management standards and long-term.’53 Recently, the and cost-cutting measures made at Most data available suggests think-tank Prison Policy Initiative the expense of the welfare of people that the costs of non-custodial took up the challenge to quantify in prison, which can affect the measures or sanctions are lower the real total cost of imprisonment prison system as a whole as public than holding someone in detention. in the US concluding that while facilities try to align themselves; For instance, the US Bureau of public corrections agencies the risk of having operational Prisons estimated that in 2017, it reported a total budget of US$80.7 limitations (e.g. contractual cost US$99 (EUR €91.38) a day per billion (EUR €74.5 billion) for the agreements against overcrowding person in prison facilities, against year 2017, the real total cost of in private prisons) fall back on $89 (EUR €89.15) in residential imprisonment in the country public prison authorities with re-entry centres. In France the amounted to US$182 billion (EUR further direct costs; or the general average daily cost of imprisonment €168 billion) a year.54 This figure risk of making imprisonment a per person is about EUR €105 a took into account private facilities, for-profit investment. In December day, compared with a daily cost of policing costs, bail fees and the cost 2019, Malaysian rights groups around €33 per day for someone for families such as telephone calls and lawmakers reasserted these serving probation.60 Despite this, or the price of prison visits, among concerns, after their government many countries continue to fund others. The long-lasting impacts of announced that it was considering building and running of prisons imprisonment on peoples’ lives, turning to private prisons to reduce over developing probation systems. including with regard to health, overcrowding.56 (See Special Focus: Alternatives personal finances, employment to imprisonment) In other countries, increased funding for penitentiary systems to respond to overcrowding or

Pre-trial detention

Rates of pre-trial detention down in the UN Standard Minimum pre-trial detention as of November continue to increase around Rules for Non-custodial Measures 2018. This phenomenon does not the world with people who have (Tokyo Rules). only impact low-income countries. not been found guilty of a crime In Canada, there were 50 per cent Niger is reported to have 60 per outnumbering convicted people more adults in pre-trial detention cent of the prison population in prison in at least 46 countries, than in sentenced custody from awaiting trial, with similar figures with many of these facing seriously 2017-18.62 in Liberia where at least 64.2 per high levels of prison overcrowding.61 cent of detainees were still awaiting One reason for the high rates of This is despite a global commitment trial in April 2019. The proportion pre-trial detention is the fact that to using pre-trial detention as of people on remand is even higher automatic pre-trial detention a measure of last resort, as set in Cambodia with 72 per cent of for certain crimes continues people in prison being held in unchallenged. In February 2019,

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Mexico expanded the list of crimes conditions, or to be able to afford been moves by several states which are automatically subject good legal representation.66 In to limit or eliminate cash bail to pre-trial detention for up to two Madagascar, for instance, where following California’s 2018 reform. years without bail,63 a measure pre-trial detainees make up 56 per Most recently, New York State likely to further impact people cent of the prison population,67 abolished cash bail payments who are poor and indigenous Amnesty International found that for many misdemeanours and communities. Even prior to this the majority of those surveyed were non-violent felonies, to be replaced legislative change, 97 per cent from poor, rural areas, lacked formal with less restrictive measures of people in prison belonging to education and were underinformed such as supervised release, travel indigenous communities were being of their rights.68 restriction or electronic monitoring. detained pre-trial.64 The Vera Institute of Justice has Racial minorities are estimated that, if this new law is High numbers of people are held overrepresented in the pre-trial implemented correctly, it could on remand on drug-related charges prison population in certain lead to a 40 per cent reduction in in a number of jurisdictions where countries. In the US, there are New York State’s pre-trial detention prohibitionist drug policies have clear racial disparities in decisions population.72 In Illinois, after a 2017 brought automatic pre-trial about who is detained before trial. law limited the use of cash bail for detention, even for possession The Prison Policy Initiative has non-violent and low-level offences, and other low-level drug offences. reported that young black men are the State’s Governor announced in (See Drug policies). Women are about 50 per cent more likely to January 2020 a move to end the disproportionately affected by such be detained on remand than white practice altogether.73 policies because they are more defendants. Additionally, non-white likely than men to be arrested for defendants receive bail amounts Pre-trial detention has a drug-related crimes. that are twice as high as bail set devastating effect on those for white defendants and are also subjected to it, their families and Statistics from the past few less likely to be able to afford it.69 communities. A recent study in years show that in Peru, Ecuador, Black and American Indian women Kenya, Mozambique and Zambia Argentina, Bolivia, and Chile are also overrepresented in US showed a serious socio-economic around half of women are in pre-trial facilities. impact on people in prison and pre-trial detention for drug-related their dependents. For example, in offences.65 Studies point to it being ‘virtually Zambia, more than half of families impossible’ for foreign nationals More evidence has emerged interviewed had to sell an asset to avoid pre-trial detention.70 New that pre-trial detention also such as land or livestock to mitigate data from Chile, for instance, shows disproportionately affects the the financial impact of detention.74 that 73 per cent of foreign women poorest members of society, In Pollsmoor prison, South Africa, in prison were yet to be convicted.71 foreign nationals, racial minorities, where 60 per cent of pre-trial indigenous groups and those with The disproportionate number admissions are for non-violent mental health conditions. People of people from poor and socially offences, a new study shows almost from backgrounds of disadvantage excluded populations in pre-trial half of survey respondents saying are more likely to be arrested detention is unsurprising when they had been forced to take out and to be detained pre-trial; they many countries operate systems loans to cover their losses related are less likely to have the means of cash bail in lieu of pre-trial to their detention.75 to pay bail or comply with other detention. In the US, there have

Death penalty

The global movement towards of the last remaining 22 people announced willingness to consider universal abolition of the death on death row in the country to life abolition of capital punishment, penalty continued to progress in imprisonment.76 In Uganda, the at least for five of the six offences 2019. Angola ratified and Armenia mandatory death sentence was for which it can be handed down signed the Second Optional removed from a number of laws for. The President of Kazakhstan Protocol to the International (including the Penal Code and the also announced a move towards Covenant on Civil and Political Anti-Terrorism Act),77 ten years total abolition, in a country that Rights, the only binding global after the Supreme Court ruled that still retains it for exceptional instrument on the abolition of capital punishment should not be crimes even though a moratorium the death penalty. The Gambia mandatory in murder cases. In prevents executions. commuted the death sentences Ghana in early 2020, the President

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Despite these positive trends, In 2019, 11 French nationals In de facto abolitionist countries, 90 countries in the world retain alleged to have joined so-called people sentenced to death often the death penalty in their legislation. ISIL were handed over to Iraq by remain in custody for an extended As a result of the continued use the Syrian Democratic Forces amount of time—sometimes of capital punishment in several and subsequently sentenced to indefinitely, effectively serving a life countries, it is estimated that at death in June 2019. The lack of sentence often in isolated facilities. least 690 people were executed reaction from French authorities In Mauritania, most of the people on in 2018 and that more than 20,000 has led lawyers to denounce an death row are allocated to a remote people are detained on death row ‘extraterritorial application of the prison in the northern desert area of worldwide. These estimates are death penalty’ contrary to the the country, effectively cut off from likely to be low because there is country’s commitments under contact with families and lawyers.85 a lack of transparency about the international law.81 Conditions on death row are use of the death penalty in many Sri Lanka announced a plan to generally harsh and have a countries. A fact-finding mission resume executions after a 43-year long-lasting impact on physical and in Democratic Republic of Congo moratorium, and in the US, the mental health. It can be common (DRC), for example, found that there federal government also stated its practice for people on death row were more than 500 people on death intention to resume executions, to be isolated or held in solitary row, double the amount previously which had been suspended at the confinement, such as in the US or in estimated.78 Japan executed three federal level since 2003. Brunei Malaysia.86 At the beginning of 2019, individuals in 2019, including a enacted legislation allowing capital a new initiative was launched and Chinese national. The number punishment for same-sex sexual supported by 50 bar associations of executions in Iran, totalling at acts. (See LGBTQ people) The from around the world to advocate least 227 as of November 2019, continued calls for reinstatement for the drafting and adoption of has decreased over the past two of capital punishment, even in additional international guidelines years, most notably due to the 2017 long-time abolitionist countries, or standards on the detention amendment to the Anti-Narcotics remains of concern. In South conditions for people sentenced to Law which increased the threshold Africa, capital punishment will be death. More generally, the initiative for imposing the death penalty part of the cabinet’s discussions seeks to have those sentenced to for drug-related offences.79 Iran, on the criminal justice system, death recognised internationally as however, still remains the country following a public outcry in the wake a ‘specific legal category of persons with the most executions per capita of several high-profile crimes.82 deprived of liberty’,87 based on the in the world. unique nature of the sentence, As the death penalty continues to Iraq has sentenced more than the often-lacking respect of basic be a divisive issue in retentionist 3,000 people to death on charges procedural rights, and the specific and abolitionist countries, the of terrorism since 2013, including detention conditions they are often Declaration adopted by the 7th foreign nationals. The Iraqi subjected to. The lack of procedural World Congress Against the Death legislation applies a mandatory rights for people sentenced to Penalty in 2019 committed to ‘carry sentence of capital punishment death in Uganda led PRI to publish a out more research (…) to demystify for anyone convicted of being a Guide for Defense Counsel in 2019.88 arguments used to retain the death member of a terrorist organisation, penalty, including public opinion, without any consideration of deterrence, terrorism’. The OSCE’s the nature or scope of their role. Office for Democratic Institutions Death sentences are therefore and Human Rights (ODIHR) recalled being handed down with little to that the application of the death no distinction between high ranking penalty ‘inevitably [led]’ to violations officials, foreign fighters, cooks of the International Covenant on or nurses or people coerced into Civil and Political Rights (ICCPR) joining so-called ISIL. They follow as an ‘inherently cruel, inhumane expeditious, unfair trials based and degrading treatment or on confessions often obtained punishment’.83 It reiterated that under torture and other degrading the sentence is not a deterrent treatment.80 and that public support for capital punishment often stemmed from a lack of transparency from the authorities and a lack of public awareness about its implications.84

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Life imprisonment

The most recent international for Human Rights. In Scotland, the Commissioner for Human Rights on research on the use of life Parliament debated the introduction death and serious injury of persons imprisonment estimated that in of life sentences without parole in deprived of liberty included some 2014 there were 470,000 people July 2019, although the proposal was commentary on life sentences. serving formal life sentences rejected, and similar debates also The report noted the human rights around the world. This is compared emerged in Pakistan and Sweden. impact of such sentences on the to 261,000 in the year 2000, In Uganda, while still retaining physical health of those affected representing a rise of nearly 84 the possibility of parole in some and that they faced higher risk of per cent in 14 years.89 This figure cases, a 2019 amendment to several ill-treatment and excessive use of is believed to be significantly higher, legislative acts specifically force by prison officers.95 taking account of the fact that the redefined life imprisonment to Subsequently, the UN Human number of formal life sentences ‘imprisonment for the natural life Rights Council adopted a resolution handed down is increasing and that of a person without the possibility linking overincarceration and prison many countries also have informal of being released’.92 overcrowding with life imprisonment life sentences on their books, which Over the past year, the European sentences. The resolution called for are not included in these figures. Court of Human Rights built on states to review sentencing policies, The number of life-sentenced their existing jurisprudence on practices and guidelines to apply people in prison in the US has sentencing, finding that whole the principle of proportionality, reached record levels, with life sentences in Ukraine and Italy specifically referencing life 206,268 people serving life with infringed the European Convention imprisonment sentences. The same parole, life without the possibility on Human Rights (ECHR).93 resolution reiterated the call to of parole or informal life sentences ensure that life imprisonment is not In the case against Ukraine, the as of 2016. As the country with imposed on children under the age Court decided that while the state the most people sentenced to life of 18 years.96 had a clemency procedure in imprisonment globally, the statistics place allowing for the possibility of The number of imprisoned children now show that one of every seven release, there was a violation of the serving a life sentence is unknown. people in US prisons is serving life.90 ECHR, as reasons for the clemency However, the recent UN Global Study There are a number of complex decision did not have to be given. on Children Deprived of Liberty contributors to such rising numbers, Furthermore, the persons serving showed that two-thirds of the 67 including a shift away from death a whole life sentence were not told states that allow for life sentences sentences. In 2019, it was revealed from the outset of their sentence to be imposed on children are within through an annual poll that, for the what they should or could do in order the Commonwealth and come first time, the majority of Americans to be considered for release. As from the English legal tradition. believe that life imprisonment is commonly found with life sentences, Most of these systems carry life a better approach for punishing in this case the person was housed sentences with the possibility of murder than the death penalty.91 in segregation for 23 hours a day. parole, but some also allow for de 2019 also saw several countries The court decided this prolonged facto or informal life sentences to regress, with Serbia introducing solitary confinement precluded be imposed. life imprisonment without the any legitimate opportunity for the Terrorist or national security-related possibility of parole as a formal possibility of rehabilitation. offences can attract life sentences sanction in May 2019, reversing In the case against Italy, the Court for children in some countries.97 their position as a country with no held that national law excluded Some states, however, have form of life imprisonment. Recent certain people from release—namely specifically precluded children from amendments to the penal code in those who did not cooperate with the mandatory minimum sentences Kyrgyzstan also introduced whole authorities to enable them to set down under terrorism laws, such life sentences, eliminating existing investigate further crimes. as in Indonesia. concessions for people who had not violated prison rules or been Some attention was paid recently to involved in further crime. In Poland, life imprisonment at the UN level—a a legal amendment depriving certain welcomed move given that the issue categories of people sentenced to has largely been overlooked for life imprisonment of the eligibility more than 20 years, with the last to be released was adopted in May report on life imprisonment being 2019, attracting criticism from the published in 1994.94 In September Council of Europe’s Commissioner 2019, a report of the UN High

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Part three PRISON POPULATIONS

The overwhelming majority of 80 per cent of adults who have been centres for children, and many are people in prison continue to come convicted and over 90 per cent of likely to reoffend. Additionally, many from disadvantaged backgrounds those held in custody.98 Therefore, people serving long-term sentences and are likely to have a history while it is important to focus on began their prison sentences as of abuse and neglect, often the situation of certain groups who young adults and have been in prison experienced as children. It is also continue to be overrepresented and ever since. becoming increasingly clear that a discriminated against, it is equally Mental health and the risk of suicide large percentage of people in prison important to recognise and analyse and self-harm among imprisoned have mental health conditions the situation of majority groups, young adults are areas that warrant or intellectual disabilities. These including men and young adults further attention. Violence and characteristics appear in all types (those aged 18 to 22). gang-culture are also prevalent of populations of people in prison, Young adults, and particularly young among young males in prison. including men, women, children, male adults, represent a significant There has been a lack of attention foreign nationals and members of proportion of the prison population and recognition of the scale and minority groups. in many countries, but their seriousness of violence, including Data collected by the UN has found situation is not well understood. sexual gender-based violence that in 108 countries between 2003 Some will have transitioned into against men and young adults and 2016, men composed over adult prisons directly from detention in prison.99

Women

December 2020 will mark the 10th was identified as one of the main US has also noted that, while women anniversary of the adoption of barriers to effective advocacy and continued to be the fastest growing the UN Rules for the Treatment of law reform to reverse the trend on segment of their prison population Women Prisoners and Non-custodial women’s imprisonment. in 2019, data about their experiences Measures for Women Offenders behind bars is ‘frustratingly hard A 2019 Vance Center report on (Bangkok Rules). Since then there to find’ and that data on gender is what is known about the treatment has been more analysis into the often missing.102 of women in prison in five African situation of women in prison and countries revealed that beyond There has been a rise in the number greater understanding of their basic data, there was little of organisations working specifically backgrounds and the reasons for consistency in the types of data on behalf of women in prison since their imprisonment. While there collection. There were also doubts the adoption of the Bangkok Rules. have been some moves to improve about whether the available data Significantly, the movement in conditions and rehabilitative was comprehensive and reliable.100 support of the rights of women in opportunities for women, female prison has grown, especially at the prison populations continue to rise Similarly, a recent scoping review grassroots level, often led by women in many countries and regions. to map available information about in prison or those who have had the the unique prison healthcare needs In recent years there have been experience of living in prison. For and outcomes of women in prison several significant research example, the 2018 forum in Bogota in Sub-Saharan Africa revealed projects into the situation of women brought together 45 advocates a limited evidence base, with in prison, however it remains for the rights of women in prison literature found to be available in inadequate. At a 2018 international from around the world to share only 18 of the 49 countries in the forum in Bogota, Colombia, for information and facilitate the region between 2000 and 2017.101 advocates of women in prison, creation of a global movement for The Prison Policy Initiative in the the lack of research and data their work together.

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Unfortunately, and with a few nationals, and the most common men.108 This suggests that in many exceptions, these promising convictions were drug trafficking cases women have been coerced developments have not yet and immigration related offences.104 into criminal offending, an issue that translated into significant, In Bahrain, 75 per cent of women is common elsewhere, including in long-term practical improvements in prison in 2019 were foreign Latin America and South East Asia. for women in prison. Women remain nationals;105 in Portugal, foreign Research undertaken by Linklaters at high risk of physical and sexual nationals made up 17 per cent of LLP for PRI, published in early 2020, abuse and compromised access the total population of women in surveys the legal framework and to healthcare services. A new prison but represented only 4 per judicial practice across 18 countries publication on places of deprivation cent of the resident population of to assess how women convicted of liberty and gender reiterates the country.106 of drug-related offences are that, where places of deprivation There is increasing evidence sentenced.109 The research findings of liberty have made provisions for about the link between poverty, show that while some countries women and girls, these continue to homelessness, mental health, generally impose non-custodial be applied within a male-oriented substance use and female sentences in such cases, the framework and do not integrate imprisonment. Recent studies complex reasons and pathways a gender perspective.103 from England and Wales show that of women’s confrontation with Foreign nationals continue to the number of women recorded as criminal justice systems for low represent a large proportion of homeless when they enter prison level drug-related offences are not women in prison in many countries, nearly doubled between 2015 and adequately reflected in legislation, particularly those with large migrant 2018.107 Surveys also showed that sentencing guidelines (where worker communities. In Macau half of women in prison in England existing), or sentencing practices. in 2017, nearly 80 per cent of 193 had committed a crime to support women in prison were foreign another person’s drug habit, mostly

Children

According to the UN Global Study on ethnic families is reported to concern about the situation of Children Deprived of Liberty, which have doubled in the past eight detained children in extremely was published in July 2019, there are years.112 Elsewhere, in Australia the overcrowded conditions in Iraq.115 at least 410,000 children detained in Commission for Children and Young Positively, child-specific justice remand centres and prisons every People in Victoria established an legislation, child-friendly courts year, with an estimated 1 million inquiry into the over-representation and specialised procedures children held every year in police of Aboriginal children and young continue to divert children away custody.110 This is despite the UN people in Victoria’s youth justice from the criminal justice system Convention on the Rights of the system in 2019.113 and contribute to a decrease in Child, adopted 30 years ago, being International human rights the number of children in prison clear that deprivation of liberty standards are unequivocal that in many countries. of children shall be used only as a children in prison should be kept measure of last resort and for the In March 2018, the EU, the UN separately from adults and detained shortest appropriate period of time. and Lebanese authorities jointly in a separate institution or separate launched a new programme to The Global Study notes that children part of an institution. Evidence advance justice for children and from poor and socioeconomically shows these protections are being criminal justice in Lebanon with disadvantaged backgrounds, ignored in a number of countries the aim to provide children in migrant and indigenous and contexts from the Philippines, conflict with the law access to fair, communities, ethnic and religious where a 2018 survey discovered transparent and child-sensitive minorities and the LGBTQ 400 children held in adult prisons, justice systems in the best interests community, as well as children with to Madagascar, where only 24 of 42 of the child.116 disabilities and, above all, boys, are prisons were found to have separate overrepresented in detention and accommodation for children with In May 2019, the government in throughout judicial proceedings. In 131 children being held with adults.114 Barbados approved a new juvenile the US, one recent study found that In Australia, children as young as justice bill with the reported black girls account for 35 per cent ten have been held for extended intention to bring the child justice of girls in detention.111 In England periods in maximum security police system in line with international and Wales, the proportion of holding cells built for adults, and standards. The new law increased children convicted of a crime who Human Rights Watch has expressed the age of criminal responsibility are from black, Asian and minority to 12 and stipulates that children

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Women’s prison in Sierra Leone. © Boaz Riesel / AdvocAid.

There has been little progress in ensuring that the rights or best interests of children are properly considered when sentencing a primary caregiver.

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Children in prison the practice.117 Most countries tend to brings inevitable consequences for their with a parent: remove children from their mothers in dependents. However, there has been prison around the age of 2 or 3, although little progress in ensuring that impact new data in some cases much older children assessments on the rights of the child There were an estimated 19,000 children continue to live in prison beyond this. or best interests of the child assessments living in prison with a primary caregiver In Afghanistan, it was reported in 2017 are properly considered when sentencing (usually their mother) in 2017 according to that among the 333 children imprisoned a parent, even when they are the sole or the UN Global Study on Children Deprived with their mothers, 103 were older than primary caregiver. 118 of their Liberty. The Study reiterated that five. In Yemen, a 2018 assessment The imprisonment of parents, and children affected shall be treated as right of the situation for the 37 children particularly mothers, can also have a holders and not merely circumstantial accompanying their mothers in prison profound effect on children separated victims of their caregiver’s encounter found that many children were older than from them by imprisonment. The with the criminal justice system; that the the legal age limit of two years. In Sanaa Council of Europe has estimated that detention of primary caregivers should be prison, a 16 year old girl was staying with there were more than 2 million children avoided as much as possible; and that the her mother. in Europe with a parent in prison in balancing of interests should be decided Despite an upturn in the attention paid 2019, with the majority of them facing on a case-by-case basis. to the situation of children in the last emotional and material difficulties and The applicable rules and associated decade, the scope, extent, rationale, many subjected to psychological stress practices in relation to these children and possible benefits or adverse effects and stigmatisation.119 In Scotland, it differ widely from country to country, of allowing children to live in detention is estimated that more children are and there has been no universal standard with a primary caregiver are not well impacted by parental imprisonment for how to administer and regulate documented. The continued rise in the than parental divorce.120 number of women in prison globally

between the ages of 12 and 14 will a new advisory group set up to long prison terms for drug-related not be held in prison.121 In Jamaica, determine whether it should be offences since the age of criminal a new National Child Diversion raised to 14. The Equalities and responsibility for certain crimes Programme to reduce the number Human Rights Commission has was reduced from 16 to 14 years of children who are charged and urged for reform in England and in 2016.125 exposed to the formal criminal Wales, where the current age of Throughout the year concerns were justice system became formally criminal responsibility is 10. The raised about levels of self-harm and operational in January 2020.122 Australian Medical Association and suicide among children in prison. the Law Council of Australia have The UN Committee on the Rights For instance, official figures from also called on authorities to increase of the Child (CRC) has revised its New Zealand released in September the minimum age from 10 to 14. original 2007 General Comment 2019 revealed that there had been on Juvenile Justice in which the On the other hand, some countries 135 incidents of self-harm in youth Committee considered 12 to be the have been considering lowering the justice facilities in the last five absolute minimum age of criminal age of criminal responsibility. For years, mostly affecting detained responsibility. The Committee example, in January 2020 the South girls who had been victims of sexual has now considered this to be too Korean government announced or physical violence.126 low and has encouraged states plans to lower the age from 14 to to increase their minimum age 13; in the Philippines, there have to at least 14 years of age, while been renewed efforts to lower the commending States parties that age from 15 to as young as nine. have a higher minimum age.123 The UN has stated that it would consider such a move to be an ‘act of This revision led to calls for some violence against children’.124 The UN countries to raise the age of Special Rapporteur on the situation criminal responsibility. In May of human rights in Belarus has 2019, the Scottish Parliament expressed concerns about children voted to raise the age of criminal sentenced to disproportionately responsibility from 8 to 12 with

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Older persons

The proportion of older persons There are different explanations for Under a new prison law, authorities in prison continues to rise in ageing prison populations. In South in Sindh province, Pakistan, many countries. In Singapore, the Korea, the increase has been linked announced in 2019 that they would population of people in prison over to the fact that people are living commute the sentences of older the age of 60 jumped by 50 per cent longer but are unable to support people in prison who had served from 2013 to 2018. Drug-related themselves financially.132 In the US, half their sentence as well as those offences were the most common one of the reasons given is harsh with life threatening illnesses.136 reason for their imprisonment, and sentencing laws with mandatory Such early release mechanisms can the majority were repeat offenders. minimum sentences initiated in the provide an opportunity for older Singaporean courts heard criminal 1980s.133 In Japan, where repeat persons to live their final days and cases of 196 people above the offending by the older population is die in the community, but they are age of 65 during 2018, the highest on the rise, researchers have found not common. in at least three years.127 In 2018, that some see prison as a way to Prison authorities also face the South Korea, which reportedly escape from poverty and social challenge of providing appropriate has the fastest ageing population isolation.134 rehabilitation and reintegration in the world, recorded a 45 per There is growing recognition that programmes for older persons cent increase over five years in keeping older people in prison is in prison. Most rehabilitation crimes committed by people age not always necessary, appropriate programmes focus on work and 65 and over.128 or cost-effective (due to healthcare vocational training which may not In Switzerland, the number of costs and the need for specialised be relevant, and older people in people in prison over the age of equipment and staff). The prison may struggle to participate 50 has doubled between 2007 and management of older people in in recreational activities due to 2017, totalling over 800 people.129 prison, including those with chronic ill-health or mobility problems. Estimates for the US predict that or terminal illnesses also puts a Additionally, older people in prison by 2030 one-third of people in their major strain on prison staff, who are have specific needs to prepare them prisons will be over the age of 55, often not trained to deal with their for release which are often not met amounting to a staggering 4,400 per complex needs or to deal with the by existing programmes. cent increase over fifty years.130 death of older people in prison. In Kasamatsu women’s prison in In Canada, where those aged over Initiatives to manage this prison Japan, authorities have introduced 50 now account for 25 per cent population include remodelling specific pre-release programmes of the federal prison population, facilities so that they are suitable to assist older persons (20 per a new report found that prisons for the needs of older persons. cent of the people in prison at the are increasingly required to fulfil Lenzburg prison in Switzerland, facility are at least 65 years old). the same functions as nursing for instance, has a dedicated The programme includes providing homes, hospices or long-term care ‘60-plus’ unit which aims to meet the physiotherapy and exercise classes. facilities—a common issue facing specific needs of older persons.135 Younger women in prison also learn other countries with significant Other countries have developed nursing care as part of their own numbers of older people in prison. successful peer-to-peer support vocational training so they can help The mental health of older people programmes to reduce the impact others. Support centres to help in prison is a particular concern, on staff and improve the quality people released from prison provide with many experiencing social of life for older and sick persons. specific services for older people isolation and depression. The Under the ‘Gold Coats’ programme who live alone and have no family Canadian study found that people in California, younger individuals or friends to help them.137 in prison over the age of 65 had in prison are trained to take care high rates of depression, anxiety of fellow older prisoners, including and personality disorder. Half of those with dementia. those over 50 were serving a life sentence.131

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People with physical disabilities commonly encounter practical day-to-day challenges in prisons, thus being confined to a cell or having limited access to exercise.

Prison in the United States.

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Persons with disabilities

A significant number of prison encounter practical day-to-day had symptoms of a brain injury, systems lack strategies or policies challenges in prisons. While while the symptoms of 96 per cent to meet the needs of persons recommendations from regional of the women suggested that these in prison living with disabilities. bodies in Europe are forthcoming, arose from physical trauma.142 In Such lack of attention has meant including the recommendation Canada, psychosocial disabilities there is also little data. One of the by the European Committee on among prisoners in the federal challenges in estimating the number the Prevention of Torture for the correctional system is up to three of people with disabilities in prisons provision of larger prison cells for times as common as in the Canadian is insufficient understanding, people with reduced mobility, there population at large.143 Children with recognition and underdiagnosis, are major shortcomings in meeting disabilities are also significantly particularly of sensory or the needs of such prisoners across overrepresented in the criminal intellectual disabilities and autism. Europe, and beyond.139 Recent justice system, particularly those research from Ireland details with intellectual disabilities.144 From the scant data available, it how some people in prison living can be determined that a significant During 2019, cases of serious abuse with disabilities were effectively proportion of people in prison live and discrimination of people with confined to their cells due to the with one or multiple disabilities. disabilities in prison were widely lack of accessibility in the prison In Australia, for example, it has reported in Australia, especially environment.140 In Armenia, many been estimated that people with violence against Indigenous prisons have exercise areas on their disabilities, particularly cognitive Aboriginal people. There have been roofs, making them inaccessible, or psychosocial disabilities, some measures to divert people and toilets in cells are mostly comprise around 18 per cent of the with mental health conditions from separated by steps with no ramps country’s population, but almost the formal criminal justice system available.141 50 per cent of people aged 18-24 and prisons, including through years entering prison.138 It is becoming increasingly clear the establishment of specialised that large proportions of people in mental health courts in four of the In addition to being at risk of prison have intellectual disabilities, country’s states. violence at the hands of other including autism and acquired brain people in prison and staff, people injury. In one prison in England, with physical disabilities commonly 64 per cent of women in a survey

Lesbian, gay, bisexual, transgender and queer people

Where data exists, it shows that found that they are likely to receive norm against the criminalisation Lesbian, gay, bisexual, transgender longer sentences than heterosexual of consensual same-sex conduct. and queer people (LGBTQ) people women. Additionally, 40 per cent of The global population living under are overrepresented in prison girls in the justice system identified such laws and facing imprisonment populations. While not all LGBTQ as lesbian, bisexual, or questioning as a result has dropped in the past people in prison are detained and gender non-conforming. The 50 years.146 Most recently, Angola as a direct result of their sexual study also demonstrated that there and Botswana decriminalized orientation, gender identity or is disproportionate mistreatment, same-sex sexual conduct in 2019, expression, there is increasing harsh punishment and sexual as did India and Trinidad and Tobago evidence demonstrating the victimisation of LGBTQ people in 2018. links between societal attitudes, in prison.145 However, there has been a recent discrimination and abuse against In its 2019 report on state sponsored reversal of this trend seen in LGBTQ communities, criminality homophobia, the International some parts of the world. In March and imprisonment. Lesbian, Gay, Bisexual, Trans and 2019, Chad enacted a new penal A recent study in the US revealed Intersex Association (ILGA) noted code with a specific provision that a third of women in prison that recent decades have seen the criminalising consensual same-sex identify as lesbian or bisexual and emergence of a clear international acts; in July, Gabon adopted a law

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against same-sex sexual relations. At least 34 UN member states and protection of LGBTQ people A month later, Brunei announced the have legal provisions that restrict in prison, and they tend to deal with enactment of its Syariah Penal Code freedom of expression on the people on a case-by-case basis. which allows for death by stoning for grounds of sexual orientation and Exceptions include Finland, Malta, same-sex sexual acts. gender identity, and at least 41 UN Romania and the UK, all of which member states have legal provisions have comprehensive legislation, There were several other setbacks that prohibit the registration or formal guidelines and policies for detention related to LGBTQ operation of organisations that in place.150 rights during 2019. In May, work on sexual orientation issues. Kenya’s High Court upheld the law In March 2019, England opened Nineteen activists were charged criminalising consensual same-sex its first prison unit, a wing within in Turkey with ‘participating in sexual activities. There has also a women’s prison, for transgender unlawful assembly’ after attending a been a continued rise in anti-gay people in prison, followed by a Pride march,148 and other incidents rhetoric in Uganda, and in Chechnya, revised policy on the care and involving arrests of people who are Russia at least 23 gay men were management of individuals who are or believed to be LGBTQ occurred in reported to have been arrested by transgender. Official statistics from a number of places from Cameroon the police between December 2018 2018 stated there were 139 adults to Cuba. and April 2019 because of their in prison identifying as transgender sexual orientation.147 Even in countries where in England and Wales. homosexuality and diverse gender As of December 2019, there were The safety of LGBTQ people in identities are not explicitly 70 States criminalising consensual prison can be compromised by criminalised, LGBTQ people are at same sex sexual acts and 6 UN discriminatory rhetoric from high risk of arrest because other member states which imposed the politicians and senior officials. laws are used against them, such as death penalty. Another 26 impose In Indonesia, for instance, a senior laws prohibiting sex work which are penalties of between 10 years’ prison official is reported to have disproportionately used to target and life imprisonment. In some stated that LGBTQ prisoners would transgender people. In April 2019, countries, punishments can include be separated from other prisoners police in Azerbaijan arrested 14 corporal punishment such as caning by placing them in isolation rooms gay men and transgender women, or public flogging. In South Korea, so that ‘there is no transmission alleging they engaged in illegal internal rules allow for members of of sexual disorientation to other sex work.149 the military to be imprisoned for inmates.’ This statement followed same-sex sexual acts. The majority of member states of remarks by another official that the EU lack special rules, guidelines overcrowded prisons were causing or measures for the treatment prisoners to become gay.151

Foreign nationals, minorities and indigenous peoples

From country specific data, minority status, either due to populations in Australia, Canada and it remains clear that people direct discrimination or because New Zealand, though some efforts belonging to national, ethnic, authorities lack the resources to have been made to understand and religious and linguistic minorities cater for their particular needs. tackle the reasons for this. are overrepresented in criminal There is also an issue with ensuring In New Zealand, a Māori focused justice systems. diversity among staff. (See prison initiative, called the ‘Pathway Prison staff) In the US, the racial disparity Initiative’ is being introduced in two between black and white people Muslim people, who represent 9 prisons. The initiative focuses on being sent to prison continues to per cent of the total state prison high security allocated Māori males decrease. However, a new study population in the US but only 1 per with the aim to reduce reoffending. shows that black people are still cent of the country’s population as The model includes specialised imprisoned at five times the rate a whole, are regularly denied basic trauma and mental health support, of white people and are spending religious freedoms, such as access rehabilitation, housing support after longer terms in prison.152 to halal food, the right to pray and release and the provision of support celebrate religious festivals.153 workers to help people in prison and There is evidence that treatment of their extended families.154 people belonging to minority groups, Indigenous peoples, including and their conditions of detention, children, young adults and women, are significantly impacted by their are still overrepresented in prison

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Alternatives to imprisonment

Special Focus 2020 Pull-out section SPECIAL FOCUS

ALTERNATIVES TO IMPRISONMENT

Commitments and aspirations

Thirty years ago, the UN Standard implementation’ of the UN Nelson and expanded.2 (See Coronavirus Minimum Rules on the use of Mandela Rules. Those difficulties are pandemic and prisons, Global Prison Non-custodial Measures, known even more apparent when places Trends 2020) as the Tokyo Rules, were adopted, of detention are hit by disaster, Looking ahead, the political backing committing governments to use seen recently with the COVID-19 of alternatives to imprisonment in alternatives to imprisonment. The global pandemic. such a time of emergency need to be rationale of the Tokyo Rules is still as The Tokyo Rules should guide harnessed for longer-term reform. relevant today as ever. Governments responses to the coronavirus Implementation of the Tokyo Rules wrote that they were convinced that pandemic to prevent the dire will prevent over-incarceration alternatives to imprisonment can be consequences of the disease which puts people in prison and effective and ‘to the best advantage ‘rampaging through places of prison staff alike at high risk, in of both the offenders and society.’ detention’ as warned by the UN cases of disaster or the spread of They also stated that ‘non-custodial High Commissioner for Human an infectious disease. measures should be part of the Rights.1 Some governments have movement towards depenalisation In this Special Focus, we highlight released significant proportions and decriminalisation.’ why pre-trial detention and of prison populations and brought prison sentences remain the The Tokyo Rules link increasing prison admissions to a minimum typical response to crime in many prison populations and prison through the use of alternatives. Such jurisdictions, detailing the barriers overcrowding, which ‘create policies need to be swiftly replicated that need to be overcome both in difficulties for the proper the short- and long-term.

A solution to global penal policy challenges

Around 102 countries and territories crime prevention initiatives and Evaluations of rehabilitation-focused are reported to have prison adequately financed rehabilitation alternatives to imprisonment prove occupancy levels of over 110 per cent, and reintegration programmes. that they can reduce reoffending and 22 operate at occupancy levels rates, more so than prison It is widely recognised that of over 200 per cent.3 Alternatives sentences, by better addressing alternatives to pre-trial detention to imprisonment have been shown the reasons why people offend better protect the human rights to be a primary tool to lower prison and making communities safer. of people accused, but they also populations, thereby reducing An international review showed have been shown to reduce the prison overcrowding. that recidivism rates are typically number of custodial sentences lower than those reported among Jurisdictions which have subsequently. This correlation people who had served prison time.5 successfully sustained lower prison between the use (and length) Research from Victoria, Australia, occupancy rates through the use of pre-trial detention and the has shown that a greater use of of non-custodial measures include imposition of a custodial sentence police diversion in recent years could Finland, Norway, Denmark and has been found in various studies, have prevented tens of thousands Sweden. Evidence shows that such most recently in the Netherlands of offences.6 measures need to be combined with and the US.4

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The human rights and economic free from torture—even the right to The cost of imprisoning someone impact of imprisonment are widely life—are put at risk when someone is is generally far higher than the cost documented and far reaching, detained, particularly in overcrowded of a non-custodial sentence. (See affecting children, families, prisons. Non-custodial measures Funding of penitentiary systems, communities and wider society. and sanctions can eliminate these Global Prison Trends 2020). At the individual level, the rights to impacts and human rights violations. liberty and security, health, to be

Range and use Alternatives to pre-trial specific persons, or a ban on specific Most countries in Europe, North detention activities such as driving or carrying America and Oceania have a higher alcoholic beverages. proportion of people receiving There is a wide variety of non-custodial sanctions than prison non-custodial options for the Many of these options are provided sentences. For instance, across pre-trial stage, and the most by law but remain underutilised, or 36 member states of the Council common include bail (cash bail or simply ignored. One of the indicators of Europe, there were over 1.76 bail guarantor), travel bans (including for measuring progress against million persons under supervision seizure of documents) and other Goal 16 of the UN 2030 Sustainable of probation services in January geographic and residence limitations Development Agenda is the 2018, representing an average rate (including house arrest), judicial or proportion of pre-trial detainees in of 202 people on probation per police supervision, and electronic prison populations. As of 2019, the 100,000 inhabitants.11 This is almost monitoring. Diversion strategies are UN has confirmed little progress has double the rate of people in prison also alternatives to detention, in that been made.8 Three million people are at 102 per 100,000 inhabitants.12 they avoid the formal processing of in pre-trial detention globally, and at people by the criminal justice system least 46 countries have more people Suspended sentences remain altogether. Other conditions of (presumed innocent) in pre-trial one of the most commonly used liberty pre-trial may include agreeing detention than those convicted— non-custodial sanctions globally, to substance testing and treatment, mostly in Africa and southern and involving the dismissal of the restrictions on communication with western Asia. sentence after a certain period if the person convicted successfully The Inter-American Commission fulfils specific conditions and does on Human Rights has noted that not commit further crime. Such for the last two decades, the use sentences are the most commonly of pre-trial detention as a standard employed non-custodial sanction Probation practice is one of the most serious in the Gambia, Kenya, Malawi, and widespread problems in the The term ‘probation’ entails different Nigeria, and Tanzania, and 15 of region. It stated, ‘The fact that many things in different countries and 28 European countries regularly criminal codes refer first to pre-trial ‘is not easy to define simply or suspend sentences for drug-related 7 detention and then provide what precisely’. It is used as a term for offences.13 a government body which executes they call “alternatives to pre-trial sanctions, or pre-trial measures. detention” suggests and fosters an Other common non-custodial It can also refer to the sentence interpretation whereby pre-trial sanctions include supervision itself (and may involve reporting detention is the first measure by a probation officer, electronic to a ‘Probation Officer’). There are deemed applicable.’9 monitoring, house arrest, verbal many organisational forms with sanctions, economic sanctions and varying levels of involvement— Alternatives to prison monetary penalties, confiscation from the state at the executive sentences of property, restitution to a victim, level and different governmental participation in rehabilitation Some initiatives have emerged in agencies to non-governmental programmes and community recent years to address the lack organisations and the private service orders. In Kenya, Uganda of comparative data on the number sector. Responsibilities of probation and Tanzania, PRI found that of people serving non-custodial agencies vary widely but most community service orders involving sentences, as well as on their commonly involve assessment of unpaid work make up the majority use by type of measure.10 From risk and needs and supervision of of non-custodial sanctions, followed available data, huge national and people subject to non-custodial by probation orders requiring measures or sanctions. In regional variations can be seen in supervision by a probation officer. some regions, such as Europe, the proportion of people convicted probation services also carry and serving non-custodial sanctions There is also a range of sanctions out responsibilities in relation compared to prison sentences. and diversion measures that take to victims of crime. victims of crime into account,

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such as restorative justice and Family group conferences are There are also some sanctions used victim–offender mediation available in numerous jurisdictions, to release people from prison before programmes. In South Korea, usually for children, based on their term finishes, such as parole or victim–offender mediation was used the notion that communities and conditional or early release. These to divert around 111,000 cases from families can come up with solutions systems often impose post-release court in 2016.14 to address offending behaviour. conditions, and a breach of any Traditional tribal processes are also condition can result in a return used in some countries, such as to prison. Malawi, Nigeria, and Tanzania.15

Common barriers to the use of alternatives to imprisonment Legal limitations a failure to engage with practical Inadequate financing, slow and Even where multiple alternatives alternatives to pre-trial detention, congested court systems and a to imprisonment are available, the as found in several European general lack of operational capacity legal framework in many countries countries with judges being unable have been, among others, cited does not allow judges to consider to properly elaborate why detention as factors for the prevalent use alternatives or to exercise discretion was necessary and alternatives were of pre-trial detention. Also in the 20 at the pre-trial or sentencing stage. insufficient. (See ‘Tough on crime’ Americas, a lack of operational Mandatory prison sentences are and lack of trust in alternatives capacity, independence, and often applied to specific offences, to imprisonment) resources among public defence and they are not limited to violent offices are common issues in the crimes but can include non-violent Lack of resources and use of alternatives to imprisonment. offences. Drug laws in Mexico and institutional capacity Guatemala, for instance, make One of the primary challenges ‘Tough on crime’ and lack no distinction as to the nature in the expansion and success of of trust in alternatives to of the offence, automatically alternatives to imprisonment is imprisonment imposing pre-trial detention for a lack of resources. Low budgets Research has found that harsh 16 any drug-related offence. Such for criminal justice also impact political discourse—adopting policies are a contributing factor the ability to put infrastructure ‘tough on crime’ stances—fuelled by to prison overcrowding and have a in place to implement a system sensationalist media approaches disproportionate impact on certain with non-custodial measures and are contributing factors to prison 17 populations, including women. sanctions. The availability and sentences being favoured over 22 While legislative reform to allow the operation of rehabilitation non-custodial alternatives. These for the use and implementation of programmes as part of alternative factors are closely linked to distrust alternatives to imprisonment is often sanctions is reliant on financial in non-custodial alternatives among required, the assumption that such support. Inadequate funding of drug police and the judiciary, especially in alternatives always require complex treatment services, for instance, countries where the independence resources and major legislative was found to be a common barrier of judicial officials is compromised. overhauls is regularly misplaced. to the use of non-custodial sanctions Decision-making can be shaped by Many significant reforms have taken for drug-related offences across EU prevailing public discourse and media 21 place without any legal revisions, member states. pressure (some linked to populist or 23 instead requiring slight adjustments Probation staff shortages are conservative rhetoric). to existing institutions and commonly reported due to financial The use of alternative sanctions 18 expansions of existing services. restrictions, with some countries for drug-related offences could Wide discretionary powers of the addressing this through schemes depend on the individual beliefs judiciary can allow for a greater involving volunteer probation of prosecutors and judges as to number of people avoiding prison officers. Japan engages volunteer drug treatment, the nature of, and 24 through alternatives. For example, citizens, known as volunteering motivations for drug use. Disregard eliminating mandatory minimum probation officers, to support the for the presumption of innocence, sentences for drug crimes was one work of professional staff, aiming where judges presume that the measure, among others, identified to bridge the gap between the accused is going to be found guilty, as a factor that led to the reduction community and offenders while has also been found to influence in prison numbers in the state of addressing the needs of both. As court decisions. In Chile, 70 per cent Rhode Island in the US.19 However, of 2017, there were 47,909 volunteer of the judges interviewed in one discretion can also lead to bias and probation officers in Japan.

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Foreign nationals and minorities may Mass supervision attracted custodial sentences in the not be able to prove ‘their roots in the and net widening first place (such as warnings, fines or community (which is usually done by of criminal justice even recognisance). These measures showing the existence of a stable job, further come with more severe owned property, formal family ties)’ through alternatives compliance conditions that often lead required for some alternatives.31 to imprisonment to imprisonment when breached. As a consequence, because of the legislation One study in Europe found that, Warnings that mass supervision or the judicial practice, alternatives to in 2015, the percentage of foreign has not replaced, but supplemented imprisonment can paradoxically bring nationals placed on probation was ‘mass incarceration’, and the resulting more people into the criminal justice much lower than those in prison.32 detrimental effect on individuals and system and ultimately into prison.26 Another study concluded that society continue unabated.25 Data The starkest example is in the US minority children are often perceived from most Western countries shows where the issue of mass supervision as more dangerous than children a growing number of people under is becoming a political issue with civil from the majority population and supervision or criminal justice ‘control’, society raising alarm at the findings face discrimination in accessing while prison population rates continue from the statistics. At the end of 2015, diversion and non-custodial to rise as well. This ‘net-widening’ there were more than 6.7 million people measures.33 phenomenon can be explained by the under ‘correctional control’ with more fact that alternatives to imprisonment Common alternatives to pre-trial than 4.6 million of them on probation or are being increasingly used in cases detention and prison sentences parole (representing 1 in 37 adults).27 which would not have normally often require defendants to secure financial means for bail or even electronic monitoring equipment, which excludes socially and study agreed that pre-trial detention that local communities ‘need(ed) economically disadvantaged people. is sometimes used as a form of to know that community service is In Western Australia, thousands of anticipated sentence.28 happening around them and how they people have been imprisoned in the are benefiting from it.’30 last decade for unpaid fines. This Although widespread community practice, which disproportionately resistance to non-custodial Bias and discrimination affected people in a situation of alternatives has been reported, vulnerability, was ended by a 2019 some studies suggest that this is in criminal justice bill.34 Efforts to make alternatives not necessarily the case. Research decision-making more accessible to disadvantaged in the UK found that victims of crime Several studies reveal racial communities were undertaken and the wider public are open to disparities and other discriminatory through Thailand’s bail reform policy the use of community sentences in practices in pre-trial and sentencing in 2019, which now stipulates that for dealing with lower level offences, decisions, which result in indigenous sentences less than 10 years, no bail but they have doubts about how communities, black, and ethnic- bonds would be required for release these sentences are implemented minority defendants being more from remand. in practice.29 In East Africa, an likely to receive a custodial rather evaluation of a project by PRI noted than a community sentence.

Experiences of alternatives to imprisonment

While alternatives to imprisonment into the penal net.35 There is also to private and family life and to the right have brought a multitude of benefits, increasing concern that a lack to freedom of association. In Kenya, there has been a growing body of of monitoring and oversight may women serving community service research looking at the negative conceal many detrimental impacts. orders reported that the length and impacts of such measures. This has scheduling of community service Some people on community service been in recognition of the fact that work required them to give up critical have reported that it comes at supervision measures can place casual jobs that brought income.36 significant personal cost, impacts significant constraints on a person’s A report on community supervision childcare responsibilities, and life, infringe on privacy rights and in France found that the hours causes (further) financial hardship. entail considerable stigma and social during which people were allowed to isolation. One researcher has noted Rigid community sanctions have leave their home were too limited to that, for the most marginalised, been found to impact people’s socialise and that prohibition from supervision is like a ‘conveyer-belt’, abilities to find employment and frequenting certain areas limited carrying them deeper and deeper housing in addition to disruption employment opportunities.37

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There have also been criticisms Women pressure with budget cuts. One such that people ordered to perform example can be found in England where Given the harmful impact of community service could be subject justice and health authorities work imprisonment on women and to mistreatment and exploitation. with civil society and social enterprises their children and women’s unique One report from the US found that to divert women from prison towards pathways into criminal justice community service sentences often a community-based sentence, which systems, the UN Bangkok Rules seek exacerbate the financial hardship of includes mental health treatment at to avoid their imprisonment wherever people already struggling to provide a ‘Women’s Centre’.49 possible. However, the Rules are for themselves and their families, largely yet to be implemented, with and that the work amounted to female prison populations growing Children coerced, unpaid labour, with workers in many areas of the world. (See The UN Global Study on Children unprotected against job site dangers, Women, Global Prison Trends 2020). Deprived of Liberty published in harassment or discrimination.38 2019 estimated that approximately Many countries fail to take account In some contexts, people serving 410,000 children are held in detention of gender-specific issues in their community sentences regularly facilities, with a further estimated laws, with the exception of limits report high levels of stigmatisation, 1 million children in police custody. on the detention of women who are although this can be avoided where (See Children, Global Prison Trends pregnant or with young children. community service work is not 2020). The Global Study also found Provisions to this effect are found in necessarily recognised as such.39 that in the vast majority of these the laws of Georgia, Germany, Poland Stigma has also been associated with cases, non-custodial solutions would or Colombia, among others. However, electronic monitoring as it is a visible have been available. It concluded even where existing, they are not condition of their sentence.40 that children in many countries, and always utilised by the courts, as seen especially boys, have inadequate in Brazil and Cambodia where recent access to non-custodial alternatives. reforms have not yielded significant results to date.45 This data shows that in many countries, detention is the first—not Electronic Overall, there has been little effort the last—resort for children. Where dedicated to mainstreaming gender monitoring non-custodial measures do exist, aspects in judicial decision-making in many countries their application Many countries around the world or in the implementation of often relies on civil society to already use electronic tags, or non-custodial measures. Courts build the infrastructure and the bracelets, on those accused or tend to overlook the typical institutional capacity required.50 convicted, and such devices are characteristics and backgrounds of becoming more widespread. Where women and their roles in the relevant Diversion schemes to prevent Electronic Monitoring (EM) is used, crimes, demonstrated by the high children from entering the formal the number of people subjected to rates of women in prison for minor system in the first instance—including it tend to rise year-on-year.41 offences committed in a context of restorative justice processes such Some authorities alongside private poverty and vulnerability.46 Gender as in Jordan—are becoming more companies supplying the devices bias has been particularly noted with common. Diversion schemes can hail EM as an effective means to regard to cases involving women in be found in most of Europe, the reduce prison populations, both at drug-related crimes.47 Americas and 23 countries of the pre-trial and post-conviction stages. Asia-Pacific region.51 However, It is widely understood that However, studies show that there there is little information available non-custodial measures enable is a need for risk assessments and concerning the frequency with which women to better meet their caretaking systematic data collection as to the these alternatives are in fact used in obligations and address the root use and impact—particularly where the individual states.52 private companies are involved. causes of their offending. However, One recent report noted a lack of many alternatives to imprisonment Where non-custodial sentences evidence from the perspective of available are not suitable for are available for children, their people subject to EM, particularly women. For instance, many women implementation has not been without from rural and minority populations, cannot pay fines due to poverty and criticism. In many cases, they are not women, and people who did not marginalisation. There have also been available for children in rural areas, and comply with the conditions.42 some common barriers identified for funding for programmes is inadequate. Other research suggests that less women in their ability to successfully The Inter-American Commission on extensive use of EM is associated fulfil alternatives with challenges in Human Rights has raised concern at with long-term reductions in prison meeting such conditions and fulfil programmes that risk children being populations.43 Payment for the their role as sole or primary caregiver, put into vulnerable positions. This equipment by the person subjected including their ability to work.48 includes alternatives to imprisonment to it is sometimes required, like in that require their participation in Positive moves to adapt or establish the vast majority of states in the US. a programme that affects their specific programmes and support Those who cannot afford it may be schooling, health and well-being, for women serving non-custodial forced to choose between going into or involving fines that may force sanctions have been documented in debt or going to prison.44 children into work that could expose a number of countries, although they them to violence and exploitation.53 remain limited and are often under

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14 For more information on restorative justice see 38 Lucero Herrera, Melanie Sonsteng-Person ENDNOTES ‘Developing restorative justice in law, policy and Noah Zatz, Work, Pay, or Go to Jail: and practice: Learning from around the world’, Court-Ordered Community Service in Los Angeles, 1 ‘Urgent action needed to prevent COVID-19 Penal Reform International (blog), 10 January UCLA, October 2019. “rampaging through places of detention” 2019, www.penalreform.org/blog/developing- 39 Penal Reform International, Community service – Bachelet’, OHCHR, 25 March 2020, restorative-justice-in-law-policy-and-practice. and probation for women: a study in Kenya, www.ohchr.org/EN/NewsEvents/Pages/ 15 Cyrus R. Vance Center for International Justice, 2016, p. 20. DisplayNews.aspx?NewsID=25745&LangID=E. Allen & Overy LLP and BNY Mellon, Women 40 See Mike Nellis, Standards and Ethics in 2 For more information on measures to reduce In Prison: The Africa Regional Initiative 2019, Electronic Monitoring: Handbook for professionals prison populations in response to COVID-19, 2019, p. 11. responsible for the establishment and the use see: Association for the Prevention of Torture’s 16 Teresa Garcia Castro, Pretrial detention in Latin of Electronic Monitoring, Council of Europe, Information Hub, apt.ch/en/news_on_ America: the disproportionate impact on women June 2015. prevention/launch-of-an-information-hub-on- deprived of liberty for drug offenses, Women, Drug 41 See, for example, ‘Fears Australia being turned covid-19-and-persons-deprived-of-liberty. Policy and Incarceration Policy Brief, WOLA/ ‘into a prison’ after surge in electronic monitoring 3 ‘Occupancy level (based on official capacity)’, IDPC/Dejusticia, June 2019, p. 5. of offenders’, The Guardian, 31 August 2019, World Prison Brief Database (ICPR), 17 See Linklaters LLP, Sentencing of women www.theguardian.com/australia-news/2019/ www.prisonstudies.org/highest-to-lowest/ convicted of drug-related crimes, Penal Reform sep/01/fears-australia-being-turned- occupancy-level?field_region_taxonomy_tid=All. International/Linklaters LLP/IDPC, 2020. into-a-prison-after-surge-in-electronic- 4 See Yannick van den Brink, ‘Young, Accused and 18 Open Society Justice Initiative, Pretrial monitoring-of-offenders. Detained; Awful, But Lawful? Pre-Trial Detention Detention, Open Society Institute, 2008. 42 Safer Communities Directorate, Electronic and Children’s Rights Protection in Contemporary 19 Dennis Schrantz, Stephen DeBor and Marc Mauer, monitoring in Scotland: uses, challenges and Western Societies’, Youth Justice, Volume 19, Decarceration Strategies: How 5 States Achieved successes, Scottish Government, 2019. Issue 3, December 2019; Jacqueline G. Lee, ‘To Substantial Prison Population Reductions, The 43 Anthea Hucklesby, Kristel Beyens, Miranda Detain or Not to Detain? Using Propensity Scores Sentencing Project, September 2018. Boone, et al., Creativity and effectiveness in the to Examine the Relationship Between Pretrial 20 See Fair Trials, A measure of last resort? use of electronic monitoring: a case study of five Detention and Conviction’, Criminal Justice The practice of pre-trial detention European jurisdictions, 2017. Policy Review, Volume 30, Issue 1, February 2019; decision-making in the EU, May 2016. 44 See ‘Digital Jail: How Electronic Monitoring Christopher M. Campbell and Ryan M. Labrecque, 21 Kei Ito et al., Study on alternatives to Drives Defendants Into Debt’, ProPublica, 3 July Effect of Pretrial Detention in Oregon, Criminal coercive sanctions as response to drug law 2019, www.propublica.org/article/digital-jail- Justice Policy Research Institute (CJPRI)/ offences and drug-related crimes, European how-electronic-monitoring-drives-defendants- Portland State University, May 2019. Commission, 2016. into-debt; ‘Defendants Driven into Debt by Fees 5 Denis Yukhnenko, Achim Wolf, Nigel Blackwood, 22 See for example John Pratt and Marie Clark, for Ankle Monitors from Private Companies’, et al., ‘Recidivism rates in individuals receiving ‘Penal populism in New Zealand’, Punishment Equal Justice Initiative, 23 July 2019, eji.org/ community sentences: A systematic review’, & Society, Volume 7, Issue 3, July 2005. news/defendants-driven-into-debt-by-fees-for- Plos One, Volume 14, Issue 9, Public Library ankle-monitors. of Science, September 2019. 23 See Catherine Heard and Helen Fair, Pre-trial detention and its overuse: Evidence from ten 45 In Brazil, despite a 2018 ruling by the Federal 6 David Cowan, Heather Strang, Lawrence countries, Institute for Crime and Justice Policy Supreme Court paving the way for pregnant Sherman, et al., ‘Reducing Repeat Offending Research (ICPR), November 2019, p. 16. women, among others, to be placed under Through Less Prosecution in Victoria, Australia: pre-trial house arrest, in July 2019 more than 24 Kei Ito et al., Study on alternatives to coercive Opportunities for Increased Diversion of 5,100 women entitled to house arrest were sanctions as response to drug law offences and Offenders’, Cambridge Journal of Evidence-Based reported to be in pre-trial detention, see ‘World drug-related crimes, European Commission, Policing, Volume 3, Issue 3–4, December 2019. Report 2020: Rights Trends in Brazil’, Human 2016, p. v. 7 Council of Europe, Commentary to Rights Watch, 11 December 2019, www.hrw.org/ Recommendation CM/Rec(2010)1 of the 25 IACHR, p. 32. world-report/2020/country-chapters/brazil; Committee of Ministers to member states 26 For more details, see Oren Gazal-Ayal and In Cambodia, despite similar explicit limitations on the Council of Europe probation rules, Julian V. Roberts, ‘Alternatives to Imprisonment: on pre-trial detention, in October 2018 there CM(2009)187-add3, 15 December 2009. Recent International Developments’, Law and were at least 138 young children living in prison 8 As of 2019, the UN confirmed that the rate Contemporary Problems, Volume 82, 2019. with their mothers—largely due to the country’s has remained largely constant at 30 per cent, 27 Fergus McNeill, ‘Pervasive Punishment: Making harsh drug policy. See Cambodian League for suggesting ‘a lack of movement in abilities sense of ‘mass supervision’’, Discover Society, the Promotion and Defense of Human Rights of judicial systems to process and try accused 2 January 2019, discoversociety.org/2019/01/02/ (LICADHO), Time for Bail: Ending Needless Mass people in a fair and transparent manner’; pervasive-punishment-making-sense-of-mass- Detention, October 2018. UN Economic and Social Council, Special supervision. 46 Penal Reform International, Community service edition: progress towards the Sustainable 28 IACHR, n. 132. and probation for women: a study in Kenya, 2016. Development Goals. Report of the Secretary- 29 See, for example, Victim Support/Make Justice 47 Linklaters LLP, Sentencing of women convicted of General., E/2019/68, United Nations, 8 May 2019, Work, Out in the open — what victims really think drug-related crimes, Penal Reform International/ para. 37; ‘Progress of Goal 16 in 2019’, Sustainable about community sentencing, September 2012. Linklaters LLP/IDPC, 2020, p. 15. Development Goals Knowledge Platform, 2019, 30 See Penal Reform International, Final evaluation: 48 See, for example, Ella Holdsworth and Anthea sustainabledevelopment.un.org/sdg16. Excellence in Training on Rehabilitation in Hucklesby, Designed for men, but also worn by 9 Inter-American Commission on Human Rights Africa (ExTRA), 2016, www.penalreform.org/ women, cjm 95, Centre for Crime and Justice (IACHR), Report on the Use of Pretrial Detention resource/final-evaluation-excellence-training- Studies, March 2014 (electronic monitoring); in the Americas, OEA/Ser.L/V/II (Doc. 46/13), rehabilitation-africa-extra. Penal Reform International, Community service Organization of American States, September 31 IACHR, para. 232. and probation for women: a study in Kenya, 2013, p. 90, para. 228. 32 See for example Marcelo F Aebi, Léa 2016, (community service work); WOLA, IDPC, 10 See, for example, ‘About the Berger-Kolopp, Christine Burkhardt, et al., Dejusticia, et al., Women, Drug Policies and Global Community Corrections Initiative’, Foreign offenders in prison and on probation Incarceration: A Guide for Policy Reform in Latin GLOBCCI, globcci.org/about.html; ‘SAW in Europe. Trends from 2005 to 2015 (inmates) America and the Caribbean, 2016 (house arrest). Project’, Community Supervision Solutions, and situation in 2015 (inmates and probationers), 49 ‘A community sentence for women with mental communitysupervisionsolutions.com/ Council of Europe, 2019. health needs’, Penal Reform International saw-project. 33 Manfred Nowak, UN Global Study on Children (blog), 1 November 2018, www.penalreform. 11 Marcelo F. Aebi and Yuji Z. Hashimoto, SPACE II Deprived of Liberty, United Nations, November org/blog/a-community-sentence-for-women- - Persons under the supervision of Probation 2019, p. 294. with-mental-health. Agencies, PC-CP (2018) 13, Council of Europe, 50 Anti-Torture Initiative of the Center for Human December 2018, pp. 16–19. 34 ‘Western Australia repeals laws on jailing for unpaid fines’, The Guardian, 25 September Rights & Humanitarian Law, Protecting Children 12 Marcelo F. Aebi and Melanie M. Tiago, SPACE I - 2019, www.theguardian.com/australia- against Torture in Detention: Global Solutions Council of Europe Annual Penal Statistics: Prison news/2019/sep/25/wa-repeals-laws-on-jailing- for a Global Problem, American University populations, Council of Europe, 2018, p. 2. for-unpaid-fines. Washington College of Law, p. 302. 13 See Cyrus R. Vance Center for International 35 Fergus McNeill, ‘Pervasive Punishment: Making 51 Manfred Nowak, UN Global Study on Children Justice, Allen & Overy LLP and BNY Mellon, sense of ‘mass supervision’’, Discover Society, Deprived of Liberty, United Nations, November Women In Prison: The Africa Regional Initiative 2 January 2019, discoversociety.org/2019/01/02/ 2019, p. 310. 2019, 2019; Kei Ito, Lucy Strang, Emma Disley, pervasive-punishment-making-sense-of-mass- 52 IACHR, Juvenile Justice and Human Rights in the et al., Study on alternatives to coercive sanctions supervision. Americas, OEA Ser.L/V/II. Doc. 78, Organization as response to drug law offences and drug-related of American States, July 2011, para. 225. crimes, European Commission, 2016. 36 Penal Reform International, Community service and probation for women: a study in Kenya, 2016. 53 Ibid., p. 83. 37 Catherine Heard, Alternatives to imprisonment in Europe: A handbook of good practice, European Prison Observatory, May 2016.

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Special Focus 2020 Pull-out section Alternatives to imprisonment

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

In Canada, where Indigenous people The numbers of foreign nationals of foreign nationals entering make up less than five per cent of in prison is on the rise in some the criminal justice system in the adult population but account countries. Germany reported a Japan. This has caused particular for about 30 per cent of those in record high number of foreign-born challenges in the court system, prison, a new Indigenous court prisoners in 2019 with foreign where the increase in foreign has been established focusing on nationals composing more national defendants has coincided a restorative justice approach to than 50 per cent of the prison with a decrease in available crime through peace-making and populations in the cities of Hamburg interpreters.157 connecting people to their cultures and Berlin.156 There have also been and communities.155 reports of increasing numbers

People in prison without proof of legal identity

There are more than 1.1 billion Poverty, homelessness, family have been given prison sentences people worldwide who are unable breakdown and mental ill-health as a direct result of being unable to prove their identity, the majority (sometimes as a result of being to obtain a driver’s license as living in Africa and Asia, and more unable to access vital services), adults and then being arrested than a third are children who are as well as chaotic lifestyles, may all for driving-related offences. unregistered.158 The number of be contributors to people without There are many circumstances people in prison without formal ID ending up in prison. People in which people come to prison identification (ID) is likely to be living on the streets often have without the necessary forms of high, although there is no global no proof of identity and are at ID, even if they have obtained the estimate available. high risk of arrest. In Hungary, for documentation. These include example, specific legislation makes Lacking proof of ID is a problem not having identity papers in their homelessness a crime punishable by faced by many people in prison, possession at arrest or facing imprisonment.160 Children and young including people without proof difficulties in accessing these adults who are living on the streets of identity, stateless persons and documents if they are arrested are particularly vulnerable to drug ethnic minority groups, especially far from home. traffickers, prostitution and related those which lack formal recognition forms of victimisation. Status The problems facing people in in the country. People who have fled offices such as vagrancy, loitering prison without identity papers vary their homes due to conflict, natural and begging also disproportionately from country to country. In some disaster or persecution and who are criminalise street children.161 places the lack of identification may subsequently arrested may also lack prevent them from participating in proper documentation. In Nigeria, the UN Special education and training programmes; Rapporteur on adequate housing There are a range of factors which in others it can lead to problems has found that poor people walking prevent people from securing with family visits if authorities in the streets can be arrested and identity papers or cause them require proof of family connection. ordered to pay a fine. Those who to lose their papers, including Access to free legal assistance and can show a company ID, have some bureaucratic requirements. A eligibility for early release, pardons money at hand, or are dressed in recent survey of prisoners in and parole can also depend on the more expensive clothes, may be Mashonaland West province of availability of identity papers. released while others can face Zimbabwe found that many did imprisonment.162 The lack of valid ID papers such as a not have documentation because passport or driving license has also they had been raised by a single A lack of formal ID can also lead to been identified as a critical barrier parent and the requirements of criminal behaviour. Those without to resettlement and moving away the Registrar General’s office the necessary paperwork may be from crime among people leaving had prevented them from getting excluded from formal education as prison. Analysis in the UK found registered as children. In one prison, children and may later struggle to that without valid ID, people leaving 55 per cent of prisoners had neither find employment, housing and social prison can face difficulties getting a birth certificate nor an identity support. In Queensland, Australia, a job, receiving benefit payments, card.159 The impact of lacking the Ombudsperson found that 15-18 or securing a safe place to stay to formal ID included disqualification per cent of Indigenous births were avoid homelessness.163 from presidential pardons and not registered. According to the exclusion from educational or NGO Sisters Inside, some Aboriginal professional examinations. and Torres Strait Islander people

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In Brazil, lack of an ID card required people affected rarely have their There are also specific cases of for accessing the health system and passport or other documents with children of children without birth other essential services affects an them, jeopardising and delaying certificates remaining in detention estimated 80 per cent of prisoners, access to a residency permit. under anti-terrorism legislation. which totals approximately 800,000 As a result, they are often unable (See Violent extremism and people. The National Council of to access housing, employment or prevention of radicalisation) In Justice is currently conducting any form of support, and many end Niger, despite an agreement with a state-wide campaign on the up in very vulnerable situations.165 the UN to ensure systematic release penitentiary system that includes These types of common problems of children detained on the grounds gathering biometric data to deliver for imprisoned foreign nationals they were involved with Boko Haram official documents to people in and stateless persons from a lack and other terrorist groups, in 2019 prison that do not have any.164 Lack of formal paperwork can lead to the UN Committee against Torture of formal ID has impacted foreign significant delays in their release raised concerned that many of nationals in Brazilian prison who and/or deportation or affect parole. these children—especially those were given the right to parole without birth certificates—remained For children, a lack of ID can lead in 2014 providing they remain in in detention. to uncertainty over their age and Brazil for the duration of their legal status, sometimes resulting in sentences. The migration law of them being tried as adults, sent to 2017 regranted these people the prison even though they are below right to a residency permit valid the age of criminal responsibility for as long as their sentences last. and imprisoned with the adult However, when they leave prison, prison population.

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Part four PRISON MANAGEMENT

Health in prison

The global coronavirus disease In Europe there are shortages, In an effort to address this issue pandemic brings major challenges too, impacting the human rights the government is allowing and to prison health services (See of people in prison. Ukraine encouraging civil servants to work Coronavirus pandemic and reported that they had difficulties in various prisons to meet the prisons), in a context where there in recruiting and retaining prison shortfall.170 is inadequate healthcare provision healthcare staff because of low Where there is a lack of healthcare in prisons in many countries around salaries.168 In Latvia, unwillingness staff, sometimes non-medical staff, the globe, typically due to under of practitioners to provide services or even people detained, undertake resourcing and a lack of healthcare to people in prison was the reason medical duties. At the Ibb prison in staff. In Bangladesh there are a given for a lack of dentists in the Yemen, for instance, an assessment mere ten doctors for a total of country’s detention facilities.169 In in 2018 found that a prisoner who 68 prisons across the country;166 Portugal, a shortage of healthcare is a trained doctor was running the and worse still in Ghana, there are personnel and mental healthcare medical clinic in the absence of any reported to be just two doctors services across all prison facilities healthcare staff. providing medical services to over was recently criticised by the UN 15,000 people in 46 prisons.167 Committee against Torture.

Coronavirus People in detention also have common There has also been a wave of urgent pandemic demographic characteristics with steps taken to reduce prison populations. generally poorer health than the rest of In France, courts were asked to delay and prisons the population, often with underlying short-term prison sentences. Other As the COVID-19 pandemic affects more health conditions. Hygiene standards and states, such as Iran and Kenya, opted people in an ever-increasing list of infrastructure are often below that found for the emergency release of people countries, there are legitimate concerns in the community, impeding the ability to in prison. about outbreaks to places of detention, follow recommended sanitary measures. There have been concerns that that with hundreds of cases reported in The most common measures taken access to justice will be limited by some prisons in China and Iran, and other by authorities to prevent cases of the measures. Quarantine can in effect countries reporting cases and deaths disease in detention facilities relate to prevent people from attending their court from Kenya, India to Belgium and Spain. limiting contact with the outside world hearings, meeting with parole boards or The World Health Organization has through stricter visiting rules or outright their legal counsel. International bodies warned that ‘the global effort to tackle bans. Such measures have in some have called for monitoring bodies to have the spread of disease may fail without cases been accompanied by increased access to detention facilities, even where proper attention to infection control opportunities for phone calls and other regular visits are prohibited, as is the measures within prisons’.171 means of contact like in France and case in Kazakhstan. The difficulties in containing a large several US States. On 16 March 2020, PRI published a briefing, outbreak in detention facilities are clear. Authorities have quarantined wings or Coronavirus: Healthcare and human rights People in prison and the personnel who whole facilities and placed individuals of people in prison, summarising the work with them are in close proximity and into isolation. In China, where 500 responses that criminal justice systems, in many cases in overcrowded, cramped reported cases of the virus affected including prisons and courts, have taken in response to COVID-19—and the impact of conditions with little fresh air. people in prison, facilities were placed these in light of the UN Nelson Mandela Rules on ‘lock-down’ and prison leaders were and other key standards. dismissed where outbreaks had occurred.

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Healthcare services in prisons this can have on health of people in are ‘often taken by penal-oriented prison and the community.177 (See Drugs in prison administrators instead of Drugs in prison) As detailed in the World Drug Report independent public-health actors’ 2019, the UN estimates that about Globally, an estimated 2.8 per cent also impeding access, as noted one in three people in prison are of prisoners are living with active the UN.172 There have been cases estimated to have used drugs at tuberculosis (TB), a rate much of people in prison being denied least once while in prison, and 19 higher than that among the general healthcare or access to medicines per cent in the last month. Cannabis population, which is estimated as punishment, including in is the most common drug used, at less than 0.2 per cent.178 More followed by heroin. The regions with Uzbekistan.173 specific research shows high the highest prevalence of injecting Generally, there is a lack of data prevalence in specific countries, drug use in prisons are Asia, the on health provision and health like in Canada where recent data Pacific, Eastern Europe and Central outcomes for people in prison, has found that TB is five times Asia, where approximately one in bearing witness to the low priority more common in prisons than in five people have injected drugs at least once while in prison. it is afforded. A World Health the general population and that Organization review found that the mortality rate of people in Despite the prevalence of drug only 2 per cent of 39 countries in prison with TB is four times higher use, the statistics on services and the European region have data on than among those with TB in the support for people in prison who overweight or obesity levels among community.179 are using drugs are bleak. There are only 56 countries implementing people in prison. Moreover, only While there have been some opioid-substitution therapy (OST), one-fifth or less of the 39 countries efforts to better meet mental a mere 11 countries with needle- have data on hepatitis B/C or healthcare needs for people in syringe programmes (NSP) in HIV rates.174 prison, statistics reveal that in many at least one prison and only 10 Reports on serious health issues systems this is a critical challenge countries where both interventions are in place. The failure to provide arising from overcrowded, poor yet to be addressed. A 2018 study access to such measures, treatment and inhumane detention conditions in Taiwanese prisons found that for infectious diseases, coupled continue. In October 2019, 45 deaths more than one in ten imprisoned with gaps in testing, contribute to caused by malnutrition and lack individuals suffered from mental disproportionate rates of hepatitis C of medical care were reported disorders.180 In New Zealand, and HIV among people in prison.185 in the Bukavu central prison in incidents of suicide and self-harm Human rights bodies have stated the Democratic Republic of the have increased in recent years, that inadequate prevention or Congo. The healthcare staff further with people in prison being three treatment of HIV, hepatitis C, TB or reported that almost one-fifth of the times more likely than the general drug dependence can constitute people in prison suffered from acute population to have been diagnosed ill-treatment.186 malnutrition in a prison that exceeds with a mental health disorder. The World Drug Report 2019 noted 175 its capacity by 528 per cent. In Two-thirds of female prisoners had people in prison are among the Iran, a consistent pattern of denying suffered family violence, rape and/or population groups most affected appropriate healthcare to people in sexual assault, more than a half by what is termed as the ‘world detention, alongside contaminated had post-traumatic stress disorder drug problem’. Implementation of food and water, as well as rodent and three-quarters had diagnosed the 2030 Agenda on Sustainable and insect infestation, brought mental health problems.181 Development, specifically the calls for immediate action by the pledge to ‘leave no one behind’, was There have been a few initiatives UN in 2019.176 (See Coronavirus cited in the UN’s call for action to to mobilise and train both prison address the shortfall in prevention pandemic and prisons) staff and prisoners to better protect and treatment of people in prison Infectious diseases including and address mental health needs, who use drugs. TB, HIV and hepatitis C remain a many in a context where there major challenge in many prisons, are few professionals available. exacerbated by the fact that A mental wellness initiative in one detention centres are largely prison in Delhi, India, involves a neglected in the provision of team of dedicated counsellors a reduction in violence and improved 183 treatment or harm reduction and a programme of staff training. health. A recent publication by PRI measures. The UN has expressed The initiative is reported to have and Prison Reform Trust provides concern at such limited access significantly reduced the number practical guidance and information to these critical harm reduction of prisoner suicides in the facility.182 for staff to be able to recognise measures in prisons in their World In Ireland, the Community Based the signs of poor mental health and Drug Report 2019 given the impact First Aid and Health Program, which how best to respond among women 184 trains prisoners to be peer health in prison. educators, has been credited with

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Army officers distribute protective face masks and gel to prisoners in Honduras.

There are widespread concerns about COVID-19 outbreaks in prisons, particularly where there is overcrowding and underfunded prison healthcare systems.

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Security and violence

Recent reports suggest that the Afghanistan where a police search both by virtue of their sentence number of violent incidents is operation for drugs ended in deaths. and under disciplinary regimes. increasing in many countries across (See Equipment in prisons) A recent study showed that, in the globe. The systemic use of 2018, there were 40,000 solitary It is well documented that excessive torture and ill-treatment remains confinement sanctions in New numbers of people in prison a serious concern in police custody, York State prisons, sometimes for and overcrowding contribute to pre-trial detention facilities and more than a year. Another study increasing levels of violence in prisons. In Argentina, for instance, found that women were more likely prisons. Tolerant attitudes of staff the National Penitentiary Office than men to be subject to harsher towards inter-prisoner violence, reported 558 alleged cases of disciplinary sanctions, including alongside other institutional torture or ill-treatment in federal solitary confinement, for minor problems such as the failure prisons in 2018 and 232 cases infractions; especially among black to separate likely conflicting from January through June and LGBTQ groups.194 In 2019, several categories of people in prison, 2019.187 In Uzbekistan, widespread States passed laws to limit the encourage violence. Such violence condemnation of systemic torture length of solitary confinement or is frequently a consequence of and ill-treatment in Jaslyk prison led its application to vulnerable groups organised crime groups, commonly to its closure in 2019, although the such as young, pregnant or people seen across Latin America. (See UN Committee against Torture had with mental illness.195 Self-government) reports that the facility may be used Italy was criticised by the European for pre-trial detention by regional In several countries, including Committee on Prevention of authorities.188 Colombia, Brazil and Lebanon, Torture (CPT) for the policy of measures brought in to fight Efforts to prevent torture and court-imposed placement of people COVID-19 outbreaks in prisons have ill-treatment through preventive sentenced to life imprisonment in led to unrest. In Italy, riots in March detention monitoring saw the solitary confinement as part of their 2020 led to several casualties.190 establishment of a National sentence, numbering 272 people in (See Coronavirus pandemic Preventive Mechanism (NPM) in March 2019.196 and prisons) Iceland, bringing the number of There are continuing reports countries with NPMs to 71. South The excessive use of solitary of serious cases of sexual and Africa became the 90th country confinement on the grounds of gender-based violence against to have ratified the Optional maintaining security is on the women in detention. In Haiti, human Protocol to the Convention Against increase, with disregard to the rights groups reported that 10 Torture (OPCAT), but it has not yet extensive body of research showing female detainees, including a 15 year designated its NPM, as is the case the serious mental and physical old girl and a 62 year old woman, in Mongolia, which ratified the damage the practice has on people. had been gang raped during a riot in OPCAT in 2015. In Uzbekistan, a law The most recent effort to regulate Gonaives Civil Prison in November.197 adopted in Parliament in November and limit the practice was seen with The UN Global Study on Children 2019 paves the way to establish the World Medical Association’s Deprived of Liberty confirmed that an NPM under the authority of the revision of their Statement on girls are particularly vulnerable to Ombudsman, although the country Solitary Confinement, bringing violence, including sexual violence, has not yet ratified the OPCAT. it into line with the UN Nelson noting higher risks in police custody Mandela Rules.191 The UN reported in 2019 that and pre-trial detention where they violent, excessive and illegal use In Argentina, ‘disobedient’ are frequently not separated from of force by officials is one of the detainees are reported to be put adult women, and sometimes from main causes of serious injury and in isolation cells without following men.198 In 2019, the OSCE’s Office death in situations of deprivation correct procedures.192 In the for Democratic Institutions and of liberty.189 Fatal clashes between United Arab Emirates prolonged Human Rights (ODIHR) published prison or police officials and solitary confinement is regularly new guidance to prevent and persons detained occurred in a used against people who have address sexual violence in detention range of countries and contexts in been arrested in relation to state after finding that it is a ‘persistent 2019, from Cameroon, where four security.193 Debates continue in the problem’ in many countries of people in prison were fatally shot US about the high rates of people in its region.199 by supervising soldiers in July, to prison held in solitary confinement,

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Accountability for violence in detained or staff. (See Deaths in reported that police forces had detention facilities remains low, custody) For example, in a spate faced gunfire and grenades from or non-existent, in a large number of fatalities from violence across prisoners, human rights groups of countries. Where prisons remain prisons in Latin America in the maintained that clashes had broken closed to outside scrutiny, it can middle of 2019, Venezuela saw one out when authorities entered the be difficult to ascertain causes of incident lead to the death of 29 block to carry out searches and deaths or injuries of both people people in prison. While officials remove female visitors.200

Deaths in custody

There is an increasing number general female population.207 The Many deaths in prison are reported of people in police and prison same study found that the reasons as natural causes, normally referring custody dying around the world, for rising rates of suicides in prison to ill-health. These may be linked to with mortality rates as much as cannot be directly linked to any the fact that prison is associated 50 per cent higher for people in single factor such as overcrowding, with an accelerated ageing prison than for people in the wider because suicide involves a more process. Healthcare needs may go community.201 The causes and complex combination of risk factors. unaddressed, and, given the high fallout of serious injury and death in level of pre-existing or exacerbated Data also suggests that the prisons were examined by the Office health conditions among people admission and initial period of the UN High Commissioner for in prison and the poor conditions in custody is a time of greater Human Rights (OHCHR) 2019 report of detention, it is common for vulnerability for self-harm or which detailed recommendations people’s lives to be at risk, either suicide. For instance, in the US state for states to prevent and address immediately or on a long-term basis of Utah where at least 71 people the growing number of deaths in from detention. died in jails over the past five years, custody.202 half of the deaths were a result Rates of infectious or communicable Suicide is often the single most of suicide and most occurred diseases are significantly high in common cause of death in custody, within a week of the individual places of detention and can be fatal, especially in Europe and Oceania.203 entering jail.208 with reports of deaths particularly Across 42 European countries, in Africa and Asia. In Niger, for The issue of assisted suicide for there was an average of 10.8 deaths example, the UN Committee against people in prison is an issue currently by suicide per 10,000 people in Torture cited recent reports that under discussion in Switzerland. prison in 2017, constituting a in Niamey remand prison the death It was triggered by the request of median of 22.7 per cent of deaths rate due to malaria and other a man serving a life sentence with in custody.204 This compares to an diseases is around 1 per cent, noting multiple illnesses. While assisted average of just over 1 suicide per there is a lack of adequate medical suicide is legal in the country, 10,000 inhabitants in the community care and treatment as prisons are neither the Criminal Code nor the recorded in 2015 across EU member equipped only with infirmaries. In Code of Medical Ethics address states.205 For children, the data is the Philippines, a hospital chief access to this practice in prison. even more alarming; the recent UN claimed that the majority of the A report in October 2019 by the Global Study found that children approximately 5,000 annual deaths Swiss Center for Competence in who are or have been in detention of people in prison in Bilibid prison Enforcement of Criminal Sanctions die by suicide at a rate more than (comprising of 20 per cent of the (CSCSP) concluded that it should four times greater than the general population) were caused by TB or be a possibility for people in adolescent population.206 other infectious diseases.210 prison based on the right to A University of Oxford study self-determination. The issue will be Deaths in prison are also caused compared suicide rates in prison voted on in a national referendum by acts of violence and the use of across 24 high-income countries, in the first half of 2020. There force by authorities or by violence finding that the risk of suicide are no cases of assisted suicide among people in prison. Such increased at least three-fold for or euthanasia in prison in the violence constitutes an important men in prison compared to the countries where either or both are cause of death and serious injury general male population, and this legal, although in Belgium at least of persons deprived of their liberty, risk increased for women who were 15 people in prison have requested representing in some contexts over at least nine times more likely to euthanasia.209 17 per cent of deaths in custody.211 commit suicide, compared to the

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People detained in Venezuela protesting against overcrowding in 2015.

Over the past ten years, there has been an increase in the use of riot squads to respond to major security breaches or prison riots – sometimes resulting in deaths.

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In Chile in 2016, 9 per cent of of investigations and accountability. or other law enforcement agencies homicides reported nationally had Absent or inadequate data and are not even recorded in the official occurred in prisons.212 Similarly, in records on deaths in custody remain crime statistics unless charges Botswana, Argentina, Montenegro a major barrier to transparency and are brought.218 In some cases, and Moldova, the homicide rate in the ability to carry out effective political commitments were made prison was several times higher than investigations. In Georgia, between but many led to inaction or slow, the national homicide rate.213 (See 2006 and 2009 the number of non-transparent investigations. For Security and violence) deaths in prisons per year were example, at least 11 people died in reported to be between 89 and 101. custody in Viet Nam during 2019, but Certain categories of detainees are However, in 2010, the NPM found Amnesty International reported that more vulnerable to fatal violence there were 142 deaths during the authorities prevented independent or unexplained deaths in custody. year, noting there was contradictory investigations into the deaths, Front Line Defenders documented information provided by the Ministry bringing into question the official 299 human rights defenders (HRDs) of Corrections compared with that accounts of the causes.219 that were killed or died in detention of prison authorities. Furthermore, in 2016. This marked an increase in Similar barriers to adequate the country’s Public Defender the absolute number of HRDs’ deaths investigation and accountability reported at the time that of the 140 from 2015 and also the number of can be seen in cases where there people who died in Georgian prisons countries where they occurred.214 is fatal violence among people in 2011, traces of violence were in prison. The UN has noted that Deaths of indigenous people in detected in 40 cases. homicide cases involving victims prison and police custody remains Methods for recording the number from marginalised populations are a central issue in Australia. and causes of deaths in custody more likely to remain unsolved.220 In An investigation by a team of differ across countries, making it prison, homicides rarely receive the journalists found that more than difficult to draw general conclusions adequate attention needed to solve 400 Indigenous Australians had died and comparisons. They may also be or clear the case. in custody since the end of the Royal impacted by the authority collecting Commission on Aboriginal Deaths The high percentage of people information on deaths in custody. in 1991,215 including at least 153 since who die after being released from In Kazakhstan, while records show 2008, that for the most part involved prison is also a serious concern. an overall decrease in the number negligence or violence.216 Other One recent study found that solitary of deaths in prisons in recent years, cases involving violent deaths of confinement may significantly the differences may be explained by indigenous people have also been increase the risk of death after the fact that the penitentiary system reported in other countries, such release and that this could be linked was transferred from the Ministry of as in India, where a tribal man from to the psychological consequences Justice to the Ministry of Interior. Rajahstan died at a police station of isolation. Analysis in Denmark due to alleged torture.217 Human rights bodies continue to found that people who had been held highlight failures to investigate in solitary confinement, even for just Many serious injuries, suicides and instances of torture or ill-treatment a few days, had a higher risk of dying premature deaths in prisons are that have led to deaths by police within five years of release from preventable and, in many cases, or prison authorities. In a large prison, mainly due to accidents, they are compounded by the lack number of states, killings by police suicides and violence.221

Equipment in prisons and use of force

The type of equipment used by law contact with people in prison UN.222 In a most recent example enforcement officials and those should not be armed, except in from May 2019, four people were working in places of detention varies special circumstances. fatally shot in a Myanmar prison riot. greatly from country to country. Over the past few years, however, Over the past ten years, there has While it is common for police lethal force has been used against been an increase in the use of forces to carry firearms (with a few prisoners mainly during major ‘special intervention forces’—riot exceptions in Iceland, Ireland and security breaches or prison riots, squads or ‘emergency response New Zealand), prison staff do not resulting in ‘the killing of several teams’—to respond to such major tend to. The UN Nelson Mandela dozen detainees’ according to the incidents. These forces are usually Rules stipulate that staff in direct equipped with a wide range of

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weapons. In Guatemala in June 2019, have been cases of less lethal shock belts, is prohibited by the UN an alleged escalating altercation weapons being used to carry out Nelson Mandela Rules. Advocacy between prisoners led to the torture and other ill-treatment.226 efforts to regulate the trade in intervention of the heavily armed law enforcement equipment are The role of the private sector in anti-riot police force—resulting in making progress, with the EU ‘Anti equipping authorities with weapons at least seven casualties among Torture Regulation’, updated in for controlling prisons is expanding. the detainees.223 2019, forbidding EU companies Omega Research Foundation reports from trading in ‘prohibited goods’ Less lethal weapons such as that there is a growing number of and regulating the trade in other chemical irritants (tear gas or manufactures promoting a wide law enforcement equipment. 229 pepper spray) have also been range of products directly to prison The international human rights employed to quell prison riots and authorities. Specialist trade events community has praised the on other security grounds. In the UK, sponsored by manufacturers Regulation, and the Council of prison officers now carry pepper exist; for instance, a ‘Mock Prison Europe is considering a similar spray as a matter of routine in Riot’ tradeshow in the US is held approach.230 Following the launch of men’s prisons,224 and there are calls in a decommissioned prison.227 the global Alliance for Torture Free for the officers to carry projectile The private sector has also been Trade in 2017, there has been further electric shock weapons, often involved in some training for prison progress towards the development known by the brand name ‘Taser’.225 staff on restraint techniques, which of common international standards In Brazil, where prison riots and in some cases has been condemned on the trade of goods used for violent incidents break records by the European Committee for torture or ill-treatment with a year-on-year, a wide range of Prevention of Torture.228 resolution at the UN calling for such weapons including pepper spray and The use of equipment that is controls in 2019 being supported by electric shock weapons are routinely inherently abusive, such as over 50 states.231 used by prison officers, and there weighted leg cuffs and electric

Self-government

People in prison continue to growth in the size of prisons and or of “shared governance”, in which exercise a considerable amount prison populations; gangs are more some groups of prisoners and prison of control over daily operations in able to exercise control in large, authorities share the power and many facilities around the world. In overcrowded and under-resourced profits were linked to ‘dangerous some countries, cell leaders have prisons, particularly when prisoner circles of corruption’.237 designated roles assigned to them to staff ratios are high, staff pay Where criminal subcultures exist, by prison staff in return for receiving is low and staff turnover high.233 In people belonging to certain groups special privileges. In others, informal Georgia, for instance, the criminal are more vulnerable to abuse. In hierarchies of prisoners, otherwise subculture is more prevalent in Moldova, it has been noted that known as criminal subcultures, exist large facilities where there is high ‘prisoner codes’ (unwritten, informal throughout the prison system and concentration of prisoners and rules and values developed among exert different levels of authority. at the same time a shortage of prisoners) enable domination and staff and lack of services.234 There At the most extreme end of the abuse of people referred to as the are also reports elsewhere that spectrum, leaders of organised ‘untouchables’, such as LGBTQ self-government may be more crime groups or ‘gangs’ control individuals, those who have been widespread in facilities run by entire facilities and act as de facto sexually abused or those who private companies.235 prison authorities, most notably have been accused or convicted in Latin America. A 2019 report Corruption often appears in the of sex offences. In such cases, it by the National Human Rights same contexts as self-government is reported that an informal code Commission of Mexico (CNDH) found in prisons,236 in parallel of, or as a of conduct requires them to avoid that a third of all facilities were consequence of it. Where there are contact with others and to take operating under self-government high levels of corruption, it is also their meals only at designated or collaborative government with more likely that a group or groups tables in the canteen.238 In Poland, prison authorities.232 of prisoners will be able to exert authorities identified 43 examples power over their peers or prison of ‘drastic manifestations of prison Self-government by prisoners is authorities. The Inter-American subculture’ in 2017, including two often the result of structural and Commission on Human Rights noted rapes, 41 cases of bullying and over systemic managerial failures. that ‘systems of “self-government”’ a thousand fights.239 Gang-rule can be linked to the

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In prisons which are largely violent death of some inmates is in the top hierarchies typically have controlled by gangs, there is little an almost invariable consequence more ‘privileges’ inside prisons, or no accountability, and it can of the abdication of authority to such as access to TV, family visits, be difficult to effectively monitor prisoners’.242 out-of-cell time, education and what is happening inside the training opportunities. In some In December 2019 alone, the press facility. In November 2019, the UN countries cell leaders report to reported that at least 34 men in Committee against Torture raised the authorities on the behaviour prison were killed in gang-related concerns about the hierarchy of other people in prison and make violence in two prisons in Honduras, among people in prison and related recommendations on how they 16 were reported killed in a Mexican inter-prisoner violence in Latvia, should be treated.245 prison riot, 12 were killed in a prison which has reportedly increased due in Panama and 10 were killed in An alternative, more successful to the lack of sufficiently effective a Venezuelan prison. In Brazil, approach to self-governing prisons investigations.240 In Georgia, the violence among people in prison is facilities which are purposefully European Committee on Prevention resulted in 117 deaths across five self-governing and run alongside of Torture has expressed concern prisons in Amazonas and Pará in less the mainstream prison system. In about the pernicious influence of than three months in 2019. Brazilian Brazil, the NGO Brazilian Fraternity informal prison hierarchies and has media has reported that nobody has of Assistance to the Convicted noted that some people in prison been tried for the killings of almost (FBAC) runs APAC246 prisons, which were reluctant or afraid to speak 300 people in prison in the past are mainly administered and run to the delegation due to ‘watchers’ three years.243 by prisoners and volunteers. These among the prison hierarchy.241 non-traditional prisons hold people Self-government of prisons When prison authorities are unable who have served part of their impacts the daily life of staff and to exercise control, violence is rife. sentence in mainstream prisons, people’s human rights and access In gang-controlled facilities, there have a focus on rehabilitation to basic services. It also hampers is large scale proliferation of drugs, and restorative justice and are rehabilitation and reintegration weapons and other contraband, and characterised by the absence of efforts. In Cambodia, the right gang-related riots and murders are prison guards and weapons. There to confidential and equal access common. As described in a report are currently around 50 such prisons to medical treatment can be by the UN Special Rapporteur on in Brazil, and similar methods are compromised when requests for extrajudicial, summary or arbitrary used in some prison wings in other access to medical care have to be executions which covered the issue countries, including Germany, referred through cell leaders.244 of ‘Prisoners running prisons’: ‘The Hungary and Costa Rica.247 Additionally, cell leaders and others

Prison staff

The Council of Europe’s newly In many countries the deteriorating Inter-related issues including adopted Guidelines regarding living conditions of people in budget cuts, rising levels of prison recruitment, selection, education, prison correspond to the degrading overcrowding and staffing shortages training and professional working conditions of staff, often are contributing factors to unsafe development of prison and probation leading to rising tensions and environments for prison staff, staff reiterate that a prison service’s violence within prisons. In the magnified by the coronavirus ‘tasks include ensuring safety and US state of Arizona, correctional pandemic. For example, in 2018 security and organising everyday officers are suing the state for authorities in India reported staff life in prison, ensuring treatment, ‘security failure’ after several attacks shortages of 28 per cent.251 Staff which does not infringe the human from people in prison on staff.249 shortages are common for a range dignity of prisoners, offering Statistics from New Zealand show of reasons including budgetary meaningful occupational activities, that there were 295 incidents of restraints but also the inability of interventions, thus preparing assaults on prison staff between prison administrations to recruit them for release and reintegration January and August 2017, and in and then retain staff, not least into society’.248 Nevertheless, in one women’s prison assaults on due to low salaries. The European many parts of the world, prison staff rose from two in 2009 to 29 Committee for the Prevention of and probation staff remain in in 2018. In France, the penitentiary Torture (CPT) noted in its 2019 positions which are underpaid and administration reported 8,883 report on its visit to Georgia that overburdened, with very few means physical assaults on staff in 2017.250 ‘any significant staff increase will to achieve that goal. be impossible unless staff salaries

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are made more competitive with It should be noted, however, that have received training in psychology those offered in the police and the ratios reported hide discrepancies and counselling so they can provide private sector’.252 within countries and across support to people in prison.260 different types of staff. For instance, Alongside low salaries, a common There is not only a data gap on the while the total prisoner to staff ratio issue for prison administrations is diversity of people imprisoned but in Cameroon was about 1 to 4.5 in securing a sufficiently educated and also on the staff who work in the 2017, only 273 medical staff were professional staff force, linked to penitentiary sector. From PRI’s available for a prison population job satisfaction. Part of this is the observations and statistics available of 30,700 people, representing a negative public perception of prison a lack diversity among prison ratio of about 1 medical staff for staff, fuelled by the media in many staff is a common issue facing 110 prisoners.256 In North Macedonia, cases. Surveys have found that many systems, deepening divides while in 2017 the overall ratio was of prison staff often feel their work is between people in prison and staff, about 4 prisoners per staff member, misunderstood and undervalued. In further increasing tensions and detailed figures showed that one Switzerland, for example, 61 per cent endangering the safety of both. In prison officer solely dedicated to of staff who participated in a study terms of gender, the justice sector custody supervised 19 people.257 on this issue said they were not remains male-dominated. The appreciated for the work they did, Some countries are taking steps proportion of male prison personnel blaming media coverage more than to provide more comprehensive remains very high in many countries the lack of political support.253 training for their prison personnel, such as Algeria (89 per cent in 2015), recognising the equal benefits Kenya (82 per cent in 2017) and Prisoner to staff ratios can be a training has for both staff and Burkina Faso (85 per cent in 2018).261 good indicator of the reality of people they supervise. In Norway In India, the proportion of male staff prison institutional strength—or and Chile, prison officers in training is 88 per cent among executive lack thereof. High ratios also inhibit receive a 2-year long theoretical and jail staff.262 dynamic security approaches. The practical training in everyday prison figures vary widely from country There are also low numbers of and prisoner management as well to country:254 In Thailand there are minorities, indigenous peoples and as in criminology, law, social work 32 prisoners per staff member, with members of the LGBTQ community or rehabilitation support.258 rates of 8 to 9 prisoners to 1 staff among prison staff. In England member seen in Morocco, Laos, and Several prison administrations have and Wales, where black people are Peru. Higher prisoner to staff ratios also put in place programmes for overrepresented among the prison exist in Costa Rica where there are specialised training, including in population and the majority of 4 prisoners to each staff member, Morocco where prison directors people in prison are under the age and less than 1 respectively in have received training on suicide of 40, the majority of staff are white Sweden, Denmark and Norway.255 prevention and harm-reduction.259 and more than half are aged 40 In China, officers in some prisons or over.263

Rehabilitation of people in prison, and environmental sustainability

As a core function of prison, a broad prison and the community). An education programmes in 12 range of rehabilitation programmes increasing number of innovative state prisons.264 The programmes should be offered, including physical prison programmes focus on range from endangered butterfly and mental healthcare, physical wildlife, sustainability, biodiversity breeding programmes and prairie activities, psychosocial support, and the climate, allowing people conservation to promoting education and vocational training in prison to improve their own sustainable operations within prison courses and work opportunities. natural environment as well as the facilities such as waste sorting, environment for the community composting, recycling, gardening, There is growing recognition at large. water and energy conservation. that such programmes can be From 2017-2018 the prisons involved designed to serve wider benefits The ‘Sustainability in Prisons’ diverted more than 2,787 tons than rehabilitation, including in project in Washington State, US, (American) of waste to composting the area of promoting sustainable delivers a wide range of science, and recycling; one prison which environmental change (in both the sustainability and environmental

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Gardening on the grounds of a prison in Papua New Guinea.

An increasing number of innovative prison programmes focus on wildlife, sustainability, biodiversity and the climate.

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switched to energy efficient lighting expects to save more than Sport in prison and held an expert meeting on the US$22,000 annually as a result. The impact of sport on physical subject in December 2019, in order to and mental wellbeing, as well as on further knowledge and understanding Environmentally focused prison behaviour and social interactions— and to provide governments with programmes are often the result among others—has long been recommendations on how to achieve of partnerships with community acknowledged in the community. It that goal. organisations, connecting people is also increasingly recognised as a Many countries have launched in prison with local initiatives ‘useful vehicle to address a number of initiatives to give sport a central and creating links for after risk and protective factors of crime and place in rehabilitation programmes. their release from prison. Some violence’ in crime prevention and prison In Kenya, the NGO Espartanos Africa prisons offer training courses, settings.271 The UN Nelson Mandela partnered with the Kenyan Prison providing participants with skills Rules and the UN Bangkok Rules both Service in an initiative to teach rugby and qualifications in increasingly encourage sport and physical activity in a maximum-security prison, along sought-after conservation and other opportunities to be put in place for with educational and vocational people in prison. environmental roles. support. In Hong Kong, a prison rugby Research has evidenced its project ‘aims to link young offenders Nature-based programmes also far-reaching benefits beyond health with vocational training, education and 273 relieve the stresses of prison and behaviour improvements; sport employment post-release’. In the life and can provide therapeutic has, for instance, ‘the power to change UK, where an independent review on value for people in prison. Recent perceptions, counter prejudices [and] sport and physical activity in prisons research in England found that (…) inspire people’.272 Proponents was carried out by the Ministry of Justice in 2018, there are several horticulture programmes in prisons also say that it may offer individuals programmes in place. The AIRnetwork had a marked positive impact a path towards educational and professional development. programme offers a multi-sport on mental health and wellbeing approach to engage individuals in a of people in prison who are Sport is also becoming an inherent range of personal development and participating in the programme. aspect of crime prevention and psychosocial interventions. They also provided the opportunity rehabilitation programmes around the world. As part of the 2015 Doha The EU Fundamental Rights Agency to gain skills, qualifications and work found that while all EU member states experience, increasing potential for Declaration-related commitments, the UN Office on Drugs and Crime (UNODC) provided some sort of sports facilities employment.265 Oregon State Prison launched an initiative in 2019 to promote and opportunities for physical activities in the US recently opened a new the incorporation of sport into youth in prisons, the quality, availability and Japanese style healing garden to be crime prevention and criminal justice access differed widely across countries, used for therapeutic purposes for strategies on a global scale. In this detention regimes, and for men and people in prison with Post Traumatic vein, the Thailand Institute of Justice women—with women having less Stress Disorder (PTSD).266 integrated this issue to its campaigns access to sport facilities than men in some places.274 While prison farms are not a new solution to providing food for people in prison, there has been some innovation in food and agricultural farming skills improves the ability people in prison have been trained sustainability. In Indonesia, the of people in prison to reintegrate to produce and install solar panels IDEP Foundation partners with into their communities after release and water heaters to be used inside Bangli State Prison in Bali, teach by bringing valuable skills that prisons and beyond.269 people in prison the importance benefit village life, and it has led In La Joyita prison in Panama, of sustainable agriculture, to reduced antisocial behaviour. around 90 per cent of waste environmental awareness and There have also been some efforts produced, including aluminium and nutrition. The organic produce to build eco-friendly prisons or plastic, is recycled, and food waste grown is used for prison meals, and adapting existing prisons to make is turned into fertilizer for use in the prison also sells organic seeds them more sustainable. A building plant production, including fruit in the local community.267 In Papua in Sollentuna high-security prison in trees, medicinal and culinary plants New Guinea, the joint National Sweden recently won an award for and seedlings for reforestation. Fisheries Authority and Correctional its range of eco-friendly initiatives Native trees, which are not grown Services ‘Fish for Prisons’ which include a green roof made in other gardens because they are programme teaches men in prison of plants and turf designed to help not profitable, are also nurtured in the knowledge and skills to build the local bee population thrive. In the gardens.270 earthen ponds and farm freshwater addition, all food waste from the fish, providing additional protein prison kitchen is converted into to the prison diet. According to the biogas.268 In Taiwan and Bulgaria, project’s funders, developing fish

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Fragile and conflict-affected states

The number of conflicts has strategy for the demilitarisation UN Multidimensional Integrated increased on a dramatic scale of prison establishments through Stabilization Mission (MINUSCA). over the past decade. Since 2008, advocacy and mobilisation for With new recruits composing 75 countries and contexts have commitment from all partners anywhere up to 90 per cent of the been considered fragile at least involved in its implementation.282 staff, like in the south of Yemen, once275 and in 2016 around 1.8 continuous training, including on Such work to strengthen prison billion people were living in fragile human rights standards for the administrations is critical as prison contexts.276 The link between fragile treatment of people in prison, is reform can serve as a starting point and conflict situations and extreme desperately needed. for wider reforms in the criminal poverty is increasing. The World justice system and as a contributor In many post-conflict settings, Bank estimates that by 2030, 85 per to the respect of rule of law. Prisons UN Peacekeeping Operations have cent of the extreme poor—some play a primary role in ensuring dispatched corrections officers 342 million people—will live in fragile accountability and fighting impunity to professionalise and build and conflict-affected states.277 for human rights violations in capacity of national staff. There The various aspects of criminal conflict-affected states, committed are approximately 300 Government justice systems in fragile and by both state and non-state actors. Provided Personnel working across conflict-affected contexts, such eight UN peace operations, a Alongside independent as law enforcement, courts and number that has remained relatively prosecutorial and judicial functions, penitentiary services, often collapse stable since 2017. fair sentencing and prison alongside other core government conditions that meet international Poor infrastructure, a lack of functions in conflict. A functioning standards are required to fight security and low levels of adequately judicial and penal system is a impunity. Recently, the Prosecutor- trained staff continue to be the necessary requisite to rebuilding General of the Central African major challenges faced by prisons peace. However, not unlike in Republic wrote about the successful in conflict and fragile contexts. peaceful contexts, funding remains convictions of a number of military Reports of prison riots and escapes low for justice systems and even group leaders.283 However, the remain worryingly common in many lower for their penitentiary arms prisons where the state will detain conflict settings, and the responses in fragile and conflict contexts. these leaders remain insecure and from authorities, equally concerning. Although humanitarian assistance fall far short of minimum standards, In 2019, there were several cases of for all fragile contexts increased in let alone provide a conducive prison staff opening fire on people recent years,278 aid is concentrated environment for rehabilitation, in prison during attempted escapes; in a handful of places and does not required by international standards. in Chad, one prisoner was killed and always meet the most pressing and five were injured; in Mozambique, complex needs of each context.279 The management and three people were shot dead and administration of prisons often NGOs play an important role in seven were wounded during a riot shifts during conflicts (or post- delivering development assistance, in the country’s largest prison in conflict) from a civilian public body with 15-17 per cent of development August. In response to protests in to the military. Non-state actors assistance in fragile contexts being Haitian prisons, where overcrowding may also take control, such as in delivered by NGOs in 2016.280 As conditions are dire, some authorities Yemen where prisons in the south non-political actors, NGOs’ roles can placed people in cells with no toilets of the country are run by non-state be critical in the neglected area of or showers with limited possibilities actors of de facto authorities prisons, including in coordinating for people to be outdoors.284 that are not recognised by the and mobilising international and international community as a ruling People in prison and staff in conflict national actors to secure necessary authority. In Libya, there are prisons settings have also been subject funding and political will. In Yemen, run by various factions vying for to external attacks. In Yemen, PRI has garnered international control over territory and power. airstrikes on the Al-Houdedah support for prison reform in aid prison in 2019 left parts of the efforts and, since the conflict A key priority for international infrastructure destroyed. In another broke out in 2014, has supported actors working in post-conflict prison in Abean, conflict between authorities in providing essential settings is to transfer the control two parties saw members of one of services in prisons.281 In Central of prisons to civilian agencies and the groups breaking into the prison African Republic, PRI is establishing professionalised staff, including and stealing equipment that PRI had a civil society platform to support in Central African Republic provided the prison with, such as the implementation of the national where PRI is working with the mattresses and blankets.

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Natural disasters and extreme weather

Prison authorities are faced with people in prison were evacuated to fight fires and undertake clean major challenges when natural from Oberon Correctional Centre up, maintenance and local rebuilding disasters threaten the safety and in New South Wales after the efforts. A similar system is in place security of people in prison. The facility was threatened by fires. in California in the US. In response decision to evacuate a prison or The prisoners were transferred to to this initiative, PRI welcomed any not must balance security concerns two other correctional centres, rehabilitation initiative that helps with public safety and the safety of one of which, Lithgow, was itself people learn new skills and allows people in prison and staff. Either surrounded by fires ten days later. them to contribute to the local way there can be potentially serious Lithgow was not evacuated as community, but cautioned that this human rights implications. authorities determined it would type of emergency relief work must be safer to contain people in the be entirely voluntary, sufficiently Increasingly prison authorities prison given the road closures compensated and only undertaken around the world are been required and fire risks. with safety measures in place and to make decisions as to whether appropriate training.290 to evacuate facilities during major Human rights concerns are rife in storms, earthquakes, fires, floods any prison evacuation situation. In Extremely hot and cold and other natural disasters. In Florida in 2019, relatives reported temperatures inside prisons September 2019, an extended not knowing whether their family continued to be a problem for both monsoon season in India caused members had been moved, and if so, staff and people held in prison, serious, fatal flooding in Uttar where they had gone.288 The process with temperatures reportedly Pradesh and Bihar States, forcing of transporting people between reaching 45 degrees Celsius the evacuation of around 900 prison facilities is itself a high-risk in French prisons during 2019 people from a prison in Ballia.285 situation, especially when groups heatwaves that affected at least In the same month in the US, which should be separated are 71,000 people.291 In August 2018, Florida’s Department of Corrections transported together or when there the Texas Department of Criminal evacuated or relocated 4,407 is not appropriate supervision. Justice reported that 19 people in people in prison in September in For example, during a prison fire prison and prison staff members preparation for Hurricane Dorian.286 evacuation in California in October had been treated for heat-related During the 2018 Sulawesi earthquake 2019, a number of children were illnesses in a one-month period.292 in Indonesia, in the absence of reportedly beaten by others they The Prison Policy Initiative in the natural disaster preparedness were transported with. It later US has found that in 2019 at least guidelines or procedures for became clear that there were no 13 states in the hottest regions prisons, authorities unlocked Palu adult staff present in the vehicle to of the country lack universal air prison that held 500 people.287 supervise the children and that low conditioning in their prisons, noting and high security people had been that medical conditions which make At the end of 2019, large scale transported together.289 people especially vulnerable to evacuations of prison facilities high temperatures are especially took place in Australia in response Australian authorities announced common in prisons.293 to widespread and unprecedented that people held in minimum bushfires. Staff and around 120 security facilities could be trained

44 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 ROLE AND USE OF TECHNOLOGIES

Part five ROLE AND USE OF TECHNOLOGIES

Technological innovation provides detainees were not sufficiently things requiring intelligence. An AI many opportunities for improving clear or detailed, and therefore system is a machine-based system the efficient functioning of criminal left the right to respect for private that makes recommendations, justice systems and supporting life inadequately protected.295 predictions or decisions for a given the rehabilitation of people in A similar complaint was raised set of objectives.299 prison, albeit with a range of by a person held in remand in Programmes and tools using AI challenges. Online education, video the Czech Republic, where the technologies have been adopted by visitation systems, electronic file Ombudsperson concluded that police, courts, probation and prison management systems and remote a blanket policy to use cameras systems in a host of countries. court hearings are becoming more in pre-trial detention centres The potential benefits include common in some regions’ prisons, disproportionately interferes with cost savings, time efficiency and namely in Europe, North America the right to privacy.296 objectivity. However, there are and some parts of Asia and Oceania. New technologies are also shared concerns among human These types of technologies are increasingly used in probation and rights bodies at the regional and not available in every region, owing community corrections settings. international levels about the impact to the fact that more than half the This includes the expansion of of digitisation and automation world has limited or no access to electronic monitoring and other of criminal justice decisions on the Internet, on which many such forms of remote supervision individuals’ lives and whether new tools rely.294 In prisons and the wider such as telephone check-ins or technologies adopted are, in fact, criminal justice system in low- and biometric check-in kiosks, used leading to safer societies. Calls for middle-income countries, where in several countries to automate greater regulation and consideration resources are often scarce and probation reporting conditions.297 of impacts before further expansion prisons are not a political priority, Most of these technologies tend of AI in criminal justice systems this digital divide is magnified. to place excessive emphasis on have been made by civil society For people in conflict with the law, control and security, rather than and watchdogs.300 as well as their families and legal on rehabilitation, with increased In October 2019, on the occasion representatives, lack of internet can and enhanced controlling of the of the Council of Europe’s justice be a barrier to education, contact probationer’s strict compliance ministers’ gathering to discuss with the outside world, seeking with conditions of a measure or the use of technologies in criminal redress for grievances and access sanction and less human contact justice systems, the Commissioner to justice. and support beyond those rules.298 for Human Rights made a statement (See Special Focus : Alternatives Surveillance technology is well warning of the need to carry out to imprisonment) established in a large majority of human rights impact assessments prisons globally, and it is increasing The use of technologies in criminal of AI systems; establish public with the introduction of tools that justice systems is not new, but in consultations; engage with utilise Artificial Intelligence (AI). recent years, the introduction and the private sector; and ensure Regarding the use of traditional expansion of AI-led tools for crime effective parliamentary, judicial surveillance technology, the prevention and the management and expert oversight of the use permanent surveillance of a number of people has become one of the of technologies in the criminal of people in prison in Russia through key emerging trends in this area. justice system. The Commissioner closed-circuit television cameras There is no agreed definition of AI, outlined some of the positive (CCTV) was an issue brought to the however it can be described as an benefits of using technologies but European Court of Human Rights umbrella term to refer generally also warned that there was a need in 2019. The Court found that the to a set of sciences, theories and to ‘shield judges and witnesses right to privacy had been violated techniques dedicated to improving from undue interference and as the laws on monitoring of certain the ability of machines to do digital piracy [and] ensure training

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 45 ROLE AND USE OF TECHNOLOGIES

A video and surveillance security system in Mexico.

Most of the primary functions of AI-led systems in prisons are related to security.

46 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 ROLE AND USE OF TECHNOLOGIES

on digital technologies’.301 More machine learning software to build following such models, such as in widely, a recommendation by the databases of searchable words and Abu Dhabi, where AI was introduced Commissioner for Human Rights patterns to detect illegal activity.303 to detect risks of reoffending for sets out guidance on the way in sentencing decisions. In Kenya, The introduction of robots and which the negative impact of AI a study across three prisons is ‘smart’ prisons,304 where computer systems on human rights can be looking to see how AI can predict systems are used by people in prevented or mitigated, focusing recidivism of people in prison— prison to schedule appointments, on 10 key areas of action.302 and, if implemented, will presumably visits and order and deliver food, impact on decisions about when In places of detention, including suggest further initiatives that someone is released and on prisons, most of the primary minimise interaction between what conditions. functions of AI-led systems are people detained and staff. On the related to security. New systems other hand they can positively give A key concern in using AI-led are being used to alert staff to independence and self-autonomy systems in such criminal justice behaviour or activity by people in to the users. decision-making is the reliability prison that the system registers of the data sources that their In Hong Kong, a robot prison guard as ‘abnormal’ or ‘suspicious’. In algorithms use. There is some programme is being piloted. The Hong Kong, a wristband device has evidence that eliminating human robot is equipped with a camera to been tested to do this, alongside judgement from decisions can record and send images to staff and measuring heart rates of the wearer. promote fairer decision-making,306 a microphone so staff and people In China, hidden cameras and but there is an equal, if not in prison can speak to each other sensors are being placed in every greater, body of research that remotely. In South Korea, ‘robotic cell in one test site to generate points to fundamental issues with guards’ were introduced in prison daily reports on each person in discriminatory decisions and a lack facilities in 2012 ‘to secure prisoners’ prison. A prison in the UK is using of transparency.307 In this vein, the life and safety and decrease the AI-equipped cameras to prevent Council of Europe recommendation workload of correctional officers contraband, drugs and weapons on AI advises that in cases where in a poor working environment’.305 entering the prison by detecting ‘it is not possible to meaningfully the items and certain human Beyond prison management, AI is mitigate the identified risks movements and behaviours which increasingly looked to for reducing [to human rights violations], the are classified as ‘suspicious’ by reoffending rates, assessing risk AI system should not be deployed the system. of someone convicted of a criminal or otherwise used by any public offence, and even predicting authority.’308 Such tools to monitor the daily when someone may commit activities of people in prison Lack of transparency is another their first criminal offence. While are employing AI techniques concern in using AI generally, but it assessing someone’s risk factors to minimise staff time, among is particularly relevant in criminal through criminogenic needs is well other things. However, they justice decision-making where the established and a proven tool in can come at a cost of reducing impact on people’s lives (and their predicting and reducing recidivism, human interaction with people in families) is significant. Algorithms these models have been applied prison, which is a crucial factor used to direct sentencing or prison through human assessments. In to rehabilitation and ensuring the classification are usually developed jurisdictions where AI models have needs of people supervised by staff by private sector companies and been developed and implemented are understood and met. are often considered trade secrets. to make such assessments, human This means justice actors may not As with CCTV, there are concerns judgement is, to a large degree, understand the complex functions about the right to privacy with eliminated. and removes the opportunity for systems that record and process In the US and the UK, AI-led a suspect, defendant or person in data on the constant movements programmes have been used by prison (or their legal representation) of people. In several states in the some courts and police forces to enquire or understand the US, AI is employed to monitor phone to decide on someone’s liberty computer-generated decision.309 calls. Such systems use speech or imprisonment, and length of recognition, semantic analytics and sentence. Other countries are

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 47 INDEX

INDEX

General

2030 Agenda (see Sustainable Fragile and conflict-conflict affected states, 43 Women, 3, 11, 12, 13, 21-22, 24, 34, 35, 42, Development Goals) SF4, SF6 Funding, 15-17, SF3, SF4, SF6 Alternatives, SF2-SF6 Probation, 3, 11, 17, 45, SF3, SF5 Health (or healthcare), 31-33 Bail, SF3, SF5 Healthcare staff, 31, 40 Radicalisation, 12-13 Community service, SF5, SF6 Hygiene, 31 Violent extremism, 12-13 Diversion, SF2, SF3, SF6 Infectious diseases, 32, 35 Recidivism (or reoffending), 10-11, 15, 28, 47, SF2 Fines, SF5 Mental health, 18, 19, 21, 22, 25, 27, 29, 32, House arrest, SF3 Rehabilitation and reintegration, 3, 10, 12, 15, 16, 42, SF6 20, 21, 25, 28, 29, 39, 40-42, 43, 45, 47, SF3, SF4 Mediation, SF4 Self-harm, 21, 24 iots, 31, 34, 36, 38, 43 Parole, 11, SF4 R Human rights Probation (see Probation), Sentencing, SF4, SF5 Freedom of religion, 28 Restorative justice, SF4, SF6 Solitary confinement, 19, 20, 34, 37 Procedural rights, 9, 29 Suspended sentence, SF3 Right to health, SF3 Staff, 25, 28, 32, 34, 35, 38, 39-40, 43 to imprisonment, SF3-SF4, 11, 12, 17 Right to liberty, SF3 Prisoner-staff ratio, 40 to pre-trial detention, SF3 Right to life, SF3 Salaries, 15, 31, 39, 40 Travel ban, SF3 Right to privacy, 45, 47, SF5 Training, 15, 38, 39, 40, 42, 43 Artificial intelligence or AI (see Technologies), Right to security, SF3 Suicide (see Deaths in custody) Bangkok Rules (see United Nations), Torture (see Violence) Sustainable Development Goals (2030 Agenda), Budget (see Funding), Inter-American Commission on Human Rights 3, 32, SF3 (IACHR), 38, SF3, SF6 Children (see Prison populations), Technologies, 45-47 ISIL, 12, 13, 19 Artifical intelligence, 45, 46 Contact with the outside, 31 Legislation, SF4 Electronic monitoring, SF3, SF6 Corruption, 38 LGBTQ (see Prison populations), Terrorism (see Violence) COVID-19 (or coronavirus), 31, 33, SF2 Life imprisonment, 20, 28 Tokyo Rules (see United Nations) Crime, 9 nited Nations (UN), 12, 20, 22, 32, 34, 37, 38 Drug-related offenses, 9, 18, 19, 22, 24, 25, Minorities (see Prison populations), U Bangkok Rules, 3, 10, 21, SF6 SF3, SF6 Monitoring, 31 Convention against Torture, 30, 31, 34, 35, 38 Homicide, 9, 35 National Preventive Mechanism (NPM), Prevention, 3, 42, 45 34, 37 Global Study on Children Deprived of Liberty, 20, 22, 24, 34, 35, SF6 Data, 3, 9, 15, 21, 32, SF6 National Preventive Mechanism (NPM) (see Monitoring) High Commissioner for Human Rights, Death penalty, 12, 18-19, 20 20, 35 Natural disasters, 44 Deaths in custody, 35, 36, 39 Human Rights Committee, 12 Suicide, 17, 21, 24, 35, 37 Non-custodial measures (see Alternatives) Human Rights Council, 20 Older persons (see Prison populations) International Covenant on Civil and Political Disabilities, people with (see Prison populations), Rights, 10, 18 vercrowding, 3, 10, 11, 17, 20, 31, 32, 33, 34, 35, Drugs, 34, 47, SF4 O Nelson Mandela Rules, 3, 10, 34, 37, 38, SF2 38, 39, SF2, SF3, SF4 Drug policies, 11-12, SF4 Peace operations, 43 Pre-trial detention, 11, 15, 17-18, 34, SF2, SF3, SF4, Drug-related offenses (see Crime), Special Rapporteur on extrajudicial, SF5, SF6 Drugs in prison, 32 summary or arbitrary executions, 39 Alternatives to (see Alternatives) Harm-reduction, 40 Special Rapporteur on the promotion People who use drugs, 11 Prison populations, 9, 21, SF6 and protection of human rights and Children, 3, 12, 13, 20, 21, 22-24, 29, 30, 35, fundamental freedoms while countering European Court of Human Rights (see Council SF3, SF4, SF5, SF6 terrorism, 12 of Europe) Foreign nationals, 18, 19, 21, 22, 28-29, Tokyo Rules, 17, SF2 Council of Europe (COE), 13, 20, 24, 38, 39, 45, 30, SF5 World Health Organisation (WHO), 31, 32 47, SF3 Indigenous peoples, 18, 22, 27, 28-29, 37, 40 Violence, 32, 34-35, 37 European Committee for the Prevention LGBTQ, 19, 22, 27-28, 34, 38, 40 of Torture, 10, 27, 34, 38, 39 Terrorism, 13, 20, 30 Minorities, 18, 21, 22, 28-29, 34, 40, SF5, SF6 European Court of Human Rights (ECtHR), Torture, 19, 32, 34, 37, 38, SF3 10, 20, 45 Older persons, 25 Use of force, 37-38 People with disabilities, 26, 27 Violent extremism (see Radicalisation) Foreign nationals (see Prison populations) Women (see Prison populations)

48 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 INDEX

Countries

Afghanistan, 24, 34 England and Wales, 10, 12, 16, 17, 22, 24, 40 New Zealand, 10, 12, 16, 24, 28, 32, 37, 39 Africa, 29, 35, SF3 Europe, 13, 24, 31, 32, 35, 45, SF3, SF5, SF6 Niger, 15, 17, 30, 35 East Africa, SF5 Eastern Europe, 32 Nigeria, 15, 29, SF3, SF4 Sub-Saharan Africa, 21 European Union (EU), 22, 38, 42 North Macedonia, 15, 40 Algeria, 40 Finland, 28 Norway, 11, 40 Americas, SF4, SF6 France, 10, 12, 15, 17, 19, 31, 39, SF5 Oceania, 35, 45, SF3 Latin America, 22, 34, 35, 38 Gabon, 27 Pakistan, 16, 20, 25 North America, 45, SF3 Gambia, 18, SF3 Panama, 39, 42 Angola, 18, 27 Georgia, 37, 38, 39, SF6 Papua New Guinea, 42 Argentina, 16, 18, 34, 35 Germany, 12, 13, 29, 39, SF6 Paraguay, 16 Armenia, 16, 18 Ghana, 18, 31 Peru, 18, 40 Asia, 29, 35 Guatemala, 37, SF4 Philippines, 12, 22, 24, 35 Asia-Pacific, SF6 Haiti, 34, 43 Poland, 20, 38, SF6 Central Asia, 32 Honduras, 39 Portugal, 22, 31 South Asia, SF3 Hong Kong, 42, 47 Romania, 28 South East Asia, 22 Hungary, 10, 29, 39 Russia, 28, 45 Western Asia, SF3 Iceland, 34, 37 Scotland, 20, 24 Australia, 22, 24, 27, 28, 29, 37, SF2, SF5 India, 15, 27, 31, 32, 39, 40 Serbia, 20 Bahrain, 12, 22, 31 Indonesia, 28, 42 Singapore, 12, 16, 25 Bangladesh, 31 Iran, 19, 31, 32 Slovak Republic, 16 Barbados, 22 Iraq, 12, 13, 19, 22 South Africa, 15, 16, 18, 19, 34 Belarus, 24 Ireland, 10, 27, 37 South Korea, 24, 25, 28, 47, SF4 Belgium, 12, 31, 35 Israel, 10 Spain, 31 Bolivia, 11, 18 Italy, 10, 15, 16, 20, 34 Sri Lanka, 19 Botswana, 27, 35 Jamaica, 16, 24 Sweden, 10, 15, 20, 40, 42 Brazil, 11, 30, 31, 34, 38, 39, SF6 Japan, 10, 16, 19, 25, 29 Switzerland, 13, 25, 35, 39, 40 Brunei, 19, 28 Kazakhstan, 13, 15, 16, 18, 31 Syria, 12, 13 Bulgaria, 42 Kenya, 17, 18, 28, 31, 40, 42, 47, SF3, SF3, SF5 Taiwan, 32, 42 Burkina Faso, 16, 40 Laos, 40 Tajikistan, 12, 16, SF3, SF4 Cambodia, 15, 17, 39, SF6 Latvia, 31 Thailand, 12, 16, 40, SF5 Cameroon, 28, 34, 40 Lebanon, 22, 31, 34 Trinidad and Tobago, 27, Canada, 10, 16, 17, 25, 27, 28, 29, 32 Liberia, 17 Turkey, 16, 28 Central African Republic, 15, 43, Libya, 43 Uganda, 16, 18, 19, 20, 28, SF3 Chad, 27, 43 Macau, 22 Ukraine, 16, 20, 31 Chile, 18, 35, 40, SF4 Madagascar, 18, 22 United Arab Emirates, 34, 47, China, 9, 31, 40, 47 Malaysia, 17, 19 United Kingdom, 13, 28, 29, 38, 42, 47, SF5 Colombia, 31, 34, SF6 Malta, 28 United States of America, 9, 10, 11, 17, 18, 19, 20, Costa Rica, 39, 40 Mauritania, 19 22, 25, 31, 34, 35, 38, 40, 42, 47, SF2, SF4, SF5, SF6 Cote d’Ivoire, 16 Mexico, 18, 38, 39, SF4 Uruguay, 16 Cuba, 28 Moldova, 35, 38 Uzbekistan, 34 Czech Republic, 11, 16, 45 Mongolia, 16 Venezuela, 35, 39 Democratic Republic of Congo, 19, 32, Montenegro, 35 Viet Nam, 37 Denmark, 10, 13, 37, 40 Morocco , 16, 17, 40 Yemen, 15, 24, 31, 43 Ecuador, 11, 12, 18 Mozambique, 18, 43 Zambia, 18 El Salvador, Myanmar, 16, 37 Zimbabwe, 16, 29 England, 10, 12, 16, 17, 22, 24, 27, 28, 40, 42, SF6 Netherlands, 13, SF2

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 49 ENDNOTES

ENDNOTES

All website links cited were accurate at the time 15 European Court of Human Rights, J.M.B. 32 Amnesty International, ‘They Just Kill’. Ongoing of going to press in April 2020. and Others v. France, Application no. 9671/15, Extrajudicial Executions and Other Violations 30 January 2020. in the Philippines’ ‘War on Drugs’, ASA 35/0578/2019, 8 July 2019. 16 ‘Prisons françaises : la surpopulation à l’origine de conditions de détention 33 Special Rapporteur on the promotion and PART ONE contraires aux droits de l’homme’, Le Monde, protection of human rights and fundamental Crime, justice and imprisonment 30 January 2020, www.lemonde.fr/societe/ freedoms while countering terrorism, Human article/2020/01/30/prisons-francaises-la- rights impact of policies and practices 1 Roy Walmsley, World Prison Population List, surpopulation-a-l-origine-de-conditions- aimed at preventing and countering violent 12th edition, Institute for Crime and Justice de-detention-contraires-aux-droits- extremism, A/HRC/43/46 (Advanced Edited Policy Research, 2018. de-l-homme_6027817_3224.html. Version), United Nations, 21 February 2020, paras 13–14. 2 ‘Reported violent crime rate in the United 17 Contrôleur général des lieux de privation de States from 1990 to 2018’, Statista, September liberté, Les droits fondamentaux à l’épreuve de 34 UN Human Rights Committee, Concluding 2019, www.statista.com/statistics/191219/ la surpopulation carcérale: approche concrète observations on the second periodic report reported-violent-crime-rate-in-the-usa- sur la base de l’expérience du Contrôleur général of Kazakhstan, CCPR/C/KAZ/CO/2, United since-1990. des lieux de privation de liberté, 2018, p. 5. Nations, 9 August 2016, para. 13. 3 Jacob Kang-Brown, Eital Schattner-Elmaleh 18 Ministry of Justice (France), Mesure 35 UN General Assembly, Visit to Belgium. and Oliver Hinds, People in Prison 2018, Vera de l’incarcération au 1er janvier 2020, Report of the Special Rapporteur on the Institute of Justice, April 2019. January 2020. promotion and protection of human rights and fundamental freedoms while countering 4 For a summary of research, see ‘The evidence 19 ‘European court orders France to terrorism, A/HRC/40/52/Add.5, United is in: you can’t link imprisonment to crime pay inmates in prison overcrowding Nations, 8 May 2019, para. 40. rates’, The Conversation, 22 April 2015, ruling’, France 24, 30 January 2020, theconversation.com/the-evidence-is- www.france24.com/en/20200130-european- 36 ‘Prison de Condé-sur-Sarthe : le détenu qui a in-you-cant-link-imprisonment-to-crime- court-orders-france-to-pay-inmates-in- blessé deux surveillants maîtrisé par le RAID, rates-40074. prison-overcrowding-ruling. sa femme tuée’, Le Monde, 5 March 2019, www.lemonde.fr/societe/article/2019/03/05/ 5 UNODC, What we have learned over the last ten 20 European Committee for the Prevention un-detenu-radicalise-agresse-deux- years: A summary of knowledge acquired and of Torture and Inhuman or Degrading surveillants-de-la-prison-de-conde-sur- produced by the UN system on drug-related Treatment or Punishment (CPT), Living space sarthe_5431628_3224.html. matters, United Nations, March 2019, p. 24. per prisoner in prison establishments: CPT standards, Council of Europe, 2015. 37 Child Justice Advocacy Group, Bringing 6 UNODC, Global Study on Homicide 2019. Children Home: A children’s rights Booklet 2: Homicide: extent, patterns, trends 21 ‘Des conditions de détention « dégradantes » approach to returning from ISIL, 2020, and criminal justice response, United Nations, dans les prisons en France’, La Croix, www.penalreform.org/resource/ 2019, p. 83. 31 January 2020, www.la-croix.com/France/ bringing-children-home-a-childrens- conditions-detention-degradantes-prisons- 7 UNODC, Global Study on Homicide 2019. rights-approach-to. France-2020-01-31-1201075423. Booklet 1: Executive summary, United Nations, 38 ‘From child soldier to child ‘terrorist’: 2019, p. 12. 22 ‘First Czech open prison reports record-low safeguarding innocence from counter- reoffending rate’, Radio Prague International, 8 Dirección General de Centros Penales terrorism’, Humanitarian Law & Policy Blog, 13 August 2019, www.radio.cz/en/section/ (DGCP), Prison statistics as of 31 December 20 November 2019, blogs.icrc.org/law-and- curraffrs/first-czech-open-prison-reports- 2019 (Spanish), Ministry of Justice and Public policy/2019/11/20/child-soldier-counter- record-low-reoffending-rate. Security of El Salvador, 31 December 2019, terrorism. p. 11. 23 ‘How Norway turns criminals into good 39 Parliamentary Assembly of the Council neighbours’, BBC News, 7 July 2019, 9 Denis Yukhnenko, Shivpriya Sridhar and of Europe (PACE), International obligations www.bbc.com/news/stories-48885846. Seena Fazel, ‘A systematic review of concerning the repatriation of children from criminal recidivism rates worldwide: 3-year 24 Ibid. war and conflict zones, Resolution 2321 (2020), update’, Wellcome Open Research, Volume 4, Council of Europe, 30 January 2020. February 2019. 25 UNODC, World Drug Report 2019. Booklet 2: Global Overview of Drug Demand and Supply, 40 See Child Justice Advocacy Group, 10 Central Statistics Office, Probation Recidivism 2019, p. 1. Bringing Children Home: A children’s 2011 and 2012 Cohorts, Government of Ireland, rights approach to returning from ISIL, 26 June 2019. 26 Global Commission on Drug Policy, Drug Policy 2020, www.penalreform.org/resource/ and Deprivation of Liberty, June 2016, p. 10. bringing-children-home-a-childrens- 11 In 2016, 20.6 per cent of people released from rights-approach-to. prison aged 65 or older were re-imprisoned 27 Global Commission on Drug Policy, Drug Policy within two years after their release, against and Deprivation of Liberty, June 2016, p. 5. 17.7 per cent for those aged 30-64 and 10.7 28 THRA, Grassroots Leadership, TCJC and for those aged 29 or younger; see ‘White the UT Law Civil Rights Clinic, Ending paper on crime 2018’, Ministry of Justice the War on Drugs in Travis County: How (Japan), 2019, hakusyo1.moj.go.jp/en/67/ Low-Level Possession Arrests are Harmful nfm/n_67_2_5_3_2_0.html (part 5/chapter 3/ and Ineffective, February 2020. section 2, figure 5-3-2-5). 29 UNODC, World Drug Report 2019. Booklet 2: 12 ‘Two-thirds of homeless ex-prisoners Global Overview of Drug Demand and Supply, reoffend within a year’, The Guardian, United Nations, 2019, p. 32. 12 August 2019, www.theguardian.com/ society/2019/aug/12/two-thirds-of-homeless- 30 Linklaters LLP, Sentencing of women ex-prisoners-reoffend-within-a-year. convicted of drug-related crimes, Penal Reform International/Linklaters LLP/IDPC, 13 Denis Yukhnenko, Shivpriya Sridhar and 2020, p. 66. Seena Fazel, ‘A systematic review of criminal recidivism rates worldwide: 3-year 31 ‘Singapore’s execution of drug offenders update’, Wellcome Open Research, Volume 4, tripled in five years’, Aliran, 7 August 2019, February 2019. aliran.com/civil-society-voices/singapores- execution-of-drug-offenders-tripled- 14 Ibid. in-five-years.

50 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 ENDNOTES

PART TWO 56 ‘Profit-driven private prisons not the 74 Lukas Muntingh and Jean Redpath, solution to overcrowding in Malaysian ‘The Socio-Economic Impact of Pre-trial Trends in the use prisons, say rights groups and MPs’, Malay Detention in Kenya, Mozambique and Zambia’, of imprisonment Mail, 10 December 2019, www.malaymail. Hague Journal on the Rule of Law, Volume 10, com/news/malaysia/2019/12/10/profit- April 2018. 41 Republic of Niger, Initial report submitted driven-private-prisons-not-the-solution-to- 75 Jean Redpath, Liberty not the only loss - by Niger under article 19 of the Convention, overcrowding-in-malaysian/1817673. The Socio-Economic Impact of Remand CAT/C/NER/1, United Nations (Committee 57 Délégation générale à l’administration Detention in the Western Cape, March 2019. Against Torture), 12 December 2018. pénitentiaire et à la réinsertion (DGAPR), 76 ‘Gambia: Government Commutes All 42 International Committee of the Red Cross, Projet de performance, Royaume du Maroc, Death Sentences to Life Imprisonment’, ICRC Annual report 2018, 2019, p. 222. 2019, pp. 46–49. allAfrica.com, 10 May 2019, allafrica.com/ 43 The information was gathered from official 58 ‘10,000 extra prison places to keep the public stories/201905100278.html. public documentation, financial institutions safe’, Government of UK/Ministry of Justice, 77 Republic of Uganda, The Law Revision databases (IMF, OECD, Eurostat) and 11 August 2019, www.gov.uk/government/ (Penalties in Criminal Matters) Miscellaneous information from partners. news/10-000-extra-prison-places-to-keep- (Amendment) Act 2019, 4 April 2019. the-public-safe. 44 ‘Government expenditure on public order and 78 See Carole Berrih and Lievin Ngondji, Vers safety’, Eurostat - Statistics explained, 2019, 59 Georgina Sturge and Joseph Robins, une mort en silence. Conditions de détention ec.europa.eu/eurostat/statistics-explained/ Estimates day: Ministry of Justice spending, des condamnés à mort en République index.php/Government_expenditure_on_ CDP 2018/0162, House of Commons Library, Démocratique du Congo, ECPM/CPJ, public_order_and_safety#Expenditure_ 29 June 2018. December 2019. on_public_order_and_safety_by_type_of_ 60 OIP, Combien coûte la prison? Quel est le coût transaction. 79 Human Rights Watch, World Report 2020, comparé des alternatives à la prison?, oip.org, 2020, p. 285. 45 See Marcelo F. Aebi and Melanie M. Tiago, 30 January 2019 oip.org/en-bref/combien- SPACE I - Council of Europe Annual Penal coute-la-prison-quel-est-le-cout-compare- 80 for more details, see Human Rights Watch, Statistics: Prison populations, Council des-alternatives-a-la-prison. Flawed justice: accountability for ISIS crimes of Europe, 2018, p. 112. In the study, the in Iraq, December 2017. 61 ‘Pre-trial/remand prisoners’, World Prison authors compared total budgets based on Brief Database (ICPR), www.prisonstudies.org/ 81 ‘‘Ce serait un immense déshonneur the following definition: ‘The total budget highest-to-lowest/pre-trial-detainees?field_ pour notre pays’ : l’appel de 45 avocats should include costs of security, healthcare region_taxonomy_tid=All. contre les condamnations à mort de neuf (incl. medical care, psychiatric services, Français en Irak’, Franceinfo, 3 June 2019, pharmaceuticals, dental care, etc.), services 62 Jamil Malakieh, Adult and youth correctional www.francetvinfo.fr/monde/proche-orient/ (incl. maintenance, utilities, maintenance statistics in Canada 2017/2018, May 2019. francais-condamnes-a-mort-en-irak/ of inmate records, reception, assignment, 63 ‘Mexican congress expands pre-trial tribune-ce-serait-un-immense-deshonneur- transportation, etc.), administration (excl. detention to more crimes’, AP News, pour-notre-pays-l-appel-de-44-avocats- extra-institutional expenditures), support 21 February 2019, apnews.com/ contre-les-condamnations-a-mort-de-neuf- ( incl. food, inmate activities, inmate 4b3f978f3457407683afefb760aaf3af. francais-en-irak_3469333.html. employment, clothing, etc.), and rehabilitation programs (incl. academic education, 64 Adriana Arias Aguilar and Jose Luis Gutierrez 82 ‘South Africa to discuss new criminal laws and vocational training, substance abuse Roman, El acceso a la justicia de personas reintroducing death penalty’, businesstech. programs, etc.).’ (p. 110). indígenas privadas de libertad en los estados co.za, 4 September 2019, businesstech.co.za/ de Chiapas y Oaxaca, Asistencia Legal por los news/government/338801/south-africa- 46 Associazione Antigone, Quanto costa il Derechos Humanos (AsiLegal), September to-discuss-new-criminal-laws-and- sistema penitenziario, XV Rapporto sulle 2017, p. 69. reintroducing-death-penalty. condizioni di detenzione, 14 May 2019. 65 Teresa Garcia Castro, Pretrial detention in 83 7th World Congress Against the Death Penalty 47 Department of Correctional Services, Annual Latin America: the disproportionate impact - Final declaration, 2019, congres.ecpm.org/ Report 2018/2019, 303/2019, Republic of South on women deprived of liberty for drug offenses, wp-content/uploads/2019/03/7congress- Africa, December 2019, pp. 136–137. Women, Drug Policy and Incarceration Policy FinalDeclaration-EN.pdf. 48 National Crime Records Bureau, Prison Brief, WOLA/IDPC/Dejusticia, June 2019. 84 OSCE Office for Democratic Institutions and Statistics India 2018, Ministry of Home Affairs 66 ‘Pre-trial detention and its overuse: Evidence Human Rights (ODIHR), The Death Penalty (India), January 2020, p. 242. from ten countries’, Birkbeck Research in the OSCE Area - Background Paper 2019, 49 Note this comparison is intended to be Blog, 11 November 2019, blogs.bbk.ac.uk/ OSCE, 2019, pp. 13–21. illustrative and indicative only. research/2019/11/11/pre-trial-detention-and- 85 Nordine Drici, Le bagne au pays des sables. its-overuse. 50 Délégation générale à l’administration Peine de mort, conditions de détention et pénitentiaire et à la réinsertion (DGAPR), 67 ‘Pre-trial/remand prisoners’, World Prison de traitement des condamnés à mort en Projet de performance, Royaume du Maroc, Brief Database (ICPR), www.prisonstudies.org/ Mauritanie, ECPM, 2019. 2019, p. 46. highest-to-lowest/pre-trial-detainees?field_ 86 ECPM, ADPAN, The Advocates for Human region_taxonomy_tid=All. 51 ‘Criminal justice in times of austerity’, Centre Rights, et al., Death Penalty in Malaysia. Joint for Crime and Justice Studies, 15 November 68 ‘Madagascar: Excessive use of pre-trial Stakeholder report for the 31st session of 2015, www.crimeandjustice.org.uk/resources/ detention continues to grow, with devastating the Working Group on the Universal Periodic criminal-justice-times-austerity. impact’, Amnesty International, 25 April 2019, Review, United Nations, 2018. www.amnesty.org/en/latest/news/2019/04/ 52 Republic of Kenya, Third periodic report 87 For more details, see ‘Detention conditions madagascar-excessive-use-of-pretrial- submitted by Kenya under article 19 of the for inmates on death row: a lack of detention-continues-to-grow-with- Convention pursuant to the optional reporting basic rights’, Prison Insider, 7 October devastating-impact. procedure, CAT/C/KEN/3, United Nations 2019, www.prison-insider.com/en/ (Committee Against Torture), 2018, para. 74. 69 ‘How race impacts who is detained pretrial’, articles/conditions-de-detention-des- Prison Policy Initiative, 9 October 2019, condamnes-a-mort-un-droit-lacunaire. 53 ‘Prison Reform and Alternatives to www.prisonpolicy.org/blog/2019/10/09/ Imprisonment’, www.unodc.org/unodc/en/ 88 Penal Reform International, Practice Guide pretrial_race. justice-and-prison-reform/prison-reform- for Defense Counsel Representing Individuals and-alternatives-to-imprisonment.html. 70 ‘Pre-trial detention and its overuse: Evidence Facing the Death Penalty, Penal Reform from ten countries’, Birkbeck Research International, 2019, www.penalreform.org/ 54 ‘Following the Money of Mass Incarceration’, Blog, 11 November 2019, blogs.bbk.ac.uk/ resource/practice-guide-for-defense- Prison Policy Initiative, 25 January 2017, research/2019/11/11/pre-trial-detention-and- counsel-representing-individuals-facing. www.prisonpolicy.org/reports/money.html. its-overuse. 89 Dirk Van Zyl Smit and Catherine Appleton, 55 For a summary of references, see Rob Allen 71 Teresa Garcia Castro, Pretrial detention in Life Imprisonment: A Global Human Rights and Paul English, ‘Public-Private Partnerships Latin America: the disproportionate impact Analysis, Harvard University Press, 2019; in Prison Construction and Management’, on women deprived of liberty for drug offenses, see also Penal Reform International, Justice and Development Working Paper June 2019, p. 7. Life Imprisonment: A Policy Briefing, April Series, Volume 25, 2013. 2018, www.penalreform.org/resource/life- 72 Insha Rahman, New York, New York: Highlights imprisonment-a-policy-briefing. of the 2019 Bail Reform Law, July 2019. 90 Ashley Nellis, Still Life: America’s Increasing 73 ‘Ending cash bail at top of Pritzker’s 2020 Use of Life and Long-Term Sentences, legislative agenda’, ABC7 Chicago, 9 January The Sentencing Project, May 2017. 2020, abc7chicago.com/5830854.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 51 ENDNOTES

91 ‘Gallup Poll-For First Time, Majority 106 UN Working Group on discrimination against 122 ‘Child Justice Programme’, Ministry of of Americans Prefer Life Sentence women and girls, Call for submissions: Women Justice (Jamaica), moj.gov.jm/programmes/ To Capital Punishment’, Death Penalty deprived of liberty. Portuguese response, child-justice. Information Center, 25 November 2019, United Nations, 2019. 123 UN Committee on the Rights of the Child, deathpenaltyinfo.org/news/gallup-poll-for- 107 ‘Number of homeless women sent to prison General comment no. 24 on children’s rights first-time-majority-of-americans-prefer-life- doubles since 2015’, The Guardian, 3 July in the child justice system, CRC/C/GC/24, sentence-to-capital-punishment. 2019, www.theguardian.com/society/2019/ United Nations, 18 September 2019. 92 Republic of Uganda, The Law Revision jul/03/number-female-prisoners-recorded- 124 ‘Lowering the age of criminal responsibility (Penalties in Criminal Matters) Miscellaneous homeless-doubles-since-2015. is against child rights’, UNICEF Philippines, (Amendment) Act 2019, 4 April 2019. 108 ‘Half of jailed women committed crimes 18 January 2019, www.unicef.org/philippines/ 93 European Court of Human Rights, Pethukov to support another person’s drug habit’, press-releases/lowering-age-criminal- v. Ukraine (no. 2), Application no. 41216/13, The Telegraph, 12 November 2019, responsibility-against-child-rights-unicef. 9 September 2019; European Court of www.telegraph.co.uk/politics/2019/11/12/ 125 ‘Belarus: UN expert deplores child jail Human Rights, Marcello Viola v. Italy (no. 2), half-jailed-women-committed-crimes- sentences for drug-related offences’, Application no. 77633/16, 13 June 2019. support-another-persons-drug. OHCHR, 20 November 2019, www.ohchr.org/ 94 Penal Reform International, Life 109 Linklaters LLP, Sentencing of women EN/HRBodies/HRC/Pages/NewsDetail. Imprisonment: A Policy Briefing, convicted of drug-related crimes, aspx?NewsID=25322&LangID=E. April 2018, www.penalreform.org/resource/ Penal Reform International/Linklaters 126 ‘‘Horrifying’ numbers of self-harm incidents life-imprisonment-a-policy-briefing. LLP/IDPC, 2020. in youth justice facilities’, RNZ, 2 September 95 UN High Commissioner for Human Rights, 110 Manfred Nowak, Global study on children 2019, www.rnz.co.nz/news/national/397928/ Human rights in the administration of justice, deprived of liberty. Report to the UN General horrifying-numbers-of-self-harm-incidents- A/HRC/42/20, United Nations, 30 July 2019, Assembly, A/74/136, United Nations, in-youth-justice-facilities. para. 13. 11 July 2019. 127 ‘More seniors above 60 going to jail’, The 96 UN Human Rights Council, Human rights in the 111 Aleks Kajstura, Women’s Mass Incarceration: New Paper, 3 June 2019, www.tnp.sg/news/ administration of justice (resolution adopted The Whole Pie 2019, Prison Policy Initiative, singapore/more-seniors-above-60-going-jail. on 26 September 2019), A/HRC/RES/42/11, 29 October 2019. 128 ‘Inside South Korea’s elderly crime wave’, CNN, United Nations, 26 September 2019. 112 ‘Share of convicted children who are BAME 19 December 2018, www.cnn.com/2018/12/18/ 97 Manfred Nowak, Global study on children doubles in eight years’, The Guardian, asia/south-korea-elderly-crime-intl/ deprived of liberty. Report to the UN General 4 November 2019, www.theguardian.com/ index.html. Assembly, A/74/136, United Nations, 11 July society/2019/nov/04/share-convicted- 129 Marcela Aguila Rubín, ‘Dying in dignity behind 2019, para. 78. children-bame-doubles. bars’, SWI, 23 August 2019, www.swissinfo.ch/ 113 ‘Our youth, our way’, Commission for eng/society/elderly-prisoners_dying-in- Children and Young People (CCYP), 2019, dignity-behind-bars/45178650. ccyp.vic.gov.au/upholding-childrens-rights/ PART THREE 130 The Osborne Association, The High Costs of systemic-inquiries/our-youth-our-way. Prison populations Low Risk: The Crisis of America’s Aging Prison 114 ‘Madagascar: Unjustified, excessive Population, May 2018. and prolonged pre-trial detention keeps 98 UN Commission on Crime Prevention and 131 Office of the Correctional Investigator thousands in life-threatening prison Criminal Justice, World crime trends and of Canada and Canadian Human Rights conditions’, Amnesty International, emerging issues and responses in the field Commission, Aging and Dying in Prison: 23 October 2018, www.amnesty.org/en/ of crime prevention and criminal justice, An investigation into the Experiences of older latest/news/2018/10/madagascar-pretrial- E/CN.15/2019/10, United Nations, 4 March individuals in Federal Custody, February 2019. 2019, para. 25. detention-life-threatening-prison-conditions. 132 ‘Inside South Korea’s elderly crime wave’, CNN, 115 ‘Iraq: Thousands Detained, Including 99 OSCE Office for Democratic Institutions and 19 December 2018, www.cnn.com/2018/12/18/ Children, in Degrading Conditions’, Human Human Rights, Preventing and Addressing asia/south-korea-elderly-crime-intl/ Rights Watch, 4 July 2019, www.hrw.org/ Sexual and Gender-Based Violence in Places of index.html. Deprivation of Liberty: Standards, Approaches news/2019/07/04/iraq-thousands-detained- and Examples from the OSCE Region, including-children-degrading-conditions. 133 ‘What Should We Do about Our Aging Prison Population?’, JSTOR Daily, 17 July 2019, OSCE/ODIHR, 2019, p. 48. 116 ‘EU, UN and Lebanese authorities join forces daily.jstor.org/what-should-we-do-about-our- to improve the criminal justice system in 100 Cyrus R. Vance Center for International aging-prison-population. Justice, Allen & Overy LLP and BNY Mellon, Lebanon’, European External Action Service, Women In Prison: The Africa Regional Initiative 23 March 2018, eeas.europa.eu/delegations/ 134 ‘Japan’s jails a sanctuary for seniors’, 2019, 2019. lebanon/42022/eu-un-and-lebanese- NHK World-Japan, 25 December 2019, authorities-join-forces-improve-criminal- www3.nhk.or.jp/nhkworld/en/news/ 101 Marie-Claire van Hout and Rosemary justice-system-lebanon_en. backstories/761. Mhlanga-Gunda, ‘Contemporary women prisoners health experiences, unique prison 117 Manfred Nowak, Global study on children 135 ‘Nursing home behind prison bars’, health care needs and health care outcomes deprived of liberty. Report to the UN General SWI swissinfo.ch, 23 August 2019, in sub Saharan Africa: A scoping review of Assembly, A/74/136, United Nations, www.swissinfo.ch/eng/politics/over-60s- extant literature.’, BMC International Health 11 July 2019. inmates_nursing-home-behind-prison- bars-/45180080. and Human Rights, Volume 18, December 2018. 118 ‘For More Than 300 Afghan Children, Many 102 Aleks Kajstura, Women’s Mass Incarceration: Older Than 5, Home Is Mother’s Cellblock’, 136 ‘Sindh govt starts process to release elderly The Whole Pie 2019, Prison Policy Initiative, The New York Times, 23 December 2017, convicts from prisons’, Dawn, 30 December 29 October 2019. www.nytimes.com/2017/12/23/world/asia/ 2019, www.dawn.com/news/1525140. afghanistan-children-prison.html. 103 DCAF, OSCE/ODIHR and UN Women, 137 ‘Japan’s jails a sanctuary for seniors’, ‘Places of Deprivation of Liberty and Gender’, 119 Committee of Ministers of the Council NHK World-Japan, 25 December 2019, in Gender and Security Toolkit, DCAF, of Europe, Recommendation of the www3.nhk.or.jp/nhkworld/en/news/ OSCE/ODIHR, UN Women, 2019. Committee of Ministers to member States backstories/761. concerning children with imprisoned 104 ‘More women are in Hong Kong’s prisons than parents, CM/Rec(2018)5, Council of Europe, 138 Human Rights Watch, ‘I Needed Help, anywhere else. They should be protected, not 4 April 2018. Instead I Was Punished’: Abuse and Neglect criminalised’, The Guardian, 31 August 2017, of Prisoners with Disabilities in Australia, www.theguardian.com/commentisfree/2017/ 120 ‘More children affected by parents being February 2018. aug/31/more-women-are-in-hong-kongs- in prison than by child homelessness’, Irish Examiner, 2 September 2019, 139 Parliamentary Assembly of the Council of prisons-than-anywhere-else-they-should-be- Europe (PACE), Detainees with disabilities in protected-not-criminalised. www.irishexaminer.com/breakingnews/ ireland/more-children-affected-by- Europe, 14557, Council of Europe, May 2018. 105 ‘75% of women in Bahrain’s prison parents-being-in-prison-than-by-child- 140 Maria Ní Fhlatharta, Making rights real for ”are expats”’, Zawya, 12 August 2019, homelessness-947888.html. people with disabilities in prison, Irish Penal www.zawya.com/mena/en/legal/story/75_ Reform Trust, January 2020. of_women_in_Bahrains_prison_are_expats- 121 ‘Cabinet approves new Juvenile Justice SNG_151436429. Bill’, Barbados Today, 25 May 2019, 141 ‘Soviet-era conditions persist for Armenian barbadostoday.bb/2019/05/25/cabinet- prisoners with disabilities’, OC Media, approves-new-juvenile-justice-bill. 3 February 2019, oc-media.org/features/ soviet-era-conditions-persist-for-armenian- prisoners-with-disabilities.

52 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 ENDNOTES

142 ‘Nearly 65% of prisoners at women’s jail 158 ‘1.1 Billion “Invisible” People without ID are 172 UN High Commissioner for Human Rights, “show signs of brain injury”’, The Guardian, Priority for new High-Level Advisory Council Human rights in the administration of justice, 6 February 2019, www.theguardian.com/ on Identification for Development’, World A/HRC/42/20, United Nations, 30 July 2019, society/2019/feb/06/nearly-65-of-prisoners- Bank, 12 October 2017, www.worldbank.org/ para. 31. at-womens-jail-show-signs-of-brain-injury. en/news/press-release/2017/10/12/11-billion- 173 UN Committee Against Torture (CAT), invisible-people-without-id-are-priority- 143 Fiona Kouyoumdjian, Andrée Schuler, Flora Concluding observations on the fifth periodic for-new-high-level-advisory-council-on- Matheson, et al., ‘Health status of prisoners report of Uzbekistan, CAT/C/UZB/CO/5, identification-for-development. in Canada’, Canadian Family Physician, Volume United Nations, 14 January 2020, para. 37. 62, Issue 3, March 2016. 159 ‘“Stateless” prisoners rot in jail’, The 174 ‘People in prison are deprived of their Zimbabwe Daily, 11 November 2019, 144 Manfred Nowak, UN Global Study on Children freedom - they should not be deprived of their thezimbabwedaily.com/news/369114- Deprived of Liberty, United Nations, health (infographic)’, WHO Regional Office for stateless-prisoners-rot-in-jail.html. November 2019, chap. 7. Europe, 10 February 2020, www.euro.who. 160 ‘Inside Europe: Hungary bans homelessness’, int/en/health-topics/health-determinants/ 145 Aleks Kajstura, Women’s Mass Incarceration: Deutsche Welle, 19 October 2018, prisons-and-health/data-and-statistics/ The Whole Pie 2019, Prison Policy Initiative, www.dw.com/en/inside-europe-hungary- infographic-people-in-prison-are-deprived- 29 October 2019. bans-homelessness/av-45951965. of-their-freedom-they-should-not-be- 146 Lucas Ramón Mendos, State-Sponsored deprived-of-their-health. 161 Consortium for Street Children (CSC), Homophobia 2019, 13th edition, ILGA, Submission to the 58th session of the 175 ‘RDC: le personnel de la prison de Bukavu March 2019. UN Commission for Social Development, dénonce les conditions de détention’, 147 ‘Russia: New Anti-Gay Crackdown in November 2019. RFI, 17 October 2019, www.rfi.fr/fr/ Chechnya’, Human Rights Watch, 8 May 2019, afrique/20191017-rdc-le-personnel-prison- 162 ‘Visit to the Republic of Nigeria by www.hrw.org/news/2019/05/08/russia-new- bukavu-denonce-conditions-detention. Ms. Leilani Farha, Special Rapporteur on anti-gay-crackdown-chechnya. adequate housing as a component of the 176 ‘Iran: Urgent medical treatment needed 148 ‘Turkey urged to drop case against right to an adequate standard of living, for detainees with life-threatening LGBT activists charged over Pride and on the right to non-discrimination in conditions—UN experts’, OHCHR, 10 July 2019, march’, The Guardian, 8 November this context’, OHCHR, 23 September 2019, www.ohchr.org/EN/NewsEvents/Pages/ 2019, www.theguardian.com/global- www.ohchr.org/en/NewsEvents/Pages/ DisplayNews.aspx?NewsID=24813&LangID=E. development/2019/nov/08/turkey- DisplayNews.aspx?NewsID=25033&LangID=E. 177 UNODC, World Drug Report 2019. Booklet 2: urged-to-drop-case-against-lgbt-activists- 163 ‘Lack of valid ID identified as key barrier to Global Overview of Drug Demand and Supply, charged-over-pride-march. moving on from crime’, Nacro, 21 November United Nations, 2019, p. 37. 149 ‘World Report 2020: Rights Trends 2018, www.nacro.org.uk/news/nacro-news/ 178 Ibid., p. 36. in Azerbaijan’, Human Rights Watch, lack-of-valid-id-identified-as-key-barrier-to- 10 December 2019, www.hrw.org/world- moving-on-from-crime. 179 ‘Health, Incarcerated’, The Local, 29 October report/2020/country-chapters/azerbaijan. 2019, thelocal.to/health-incarcerated. 164 ‘About the programme’, Conselho 150 EU Agency for Fundamental Rights, Criminal Nacional de Justiça (CNJ), 180 Tao-Hsin Tung, Yi-Ying Hsiao, Sheng-Ang detention conditions in the European Union: www.cnj.jus.br/sistema-carcerario/justica- Shen, et al., ‘The prevalence of mental rules and reality, 2019. presente/sobre-o-programa. disorders in Taiwanese prisons: a nationwide population-based study’, Social Psychiatry 151 ‘Indonesia’s prison chief says LGBT inmates 165 ‘On parole, foreign ex-convicts battle to and Psychiatric Epidemiology, Volume 54, will be put in isolation rooms to prevent survive in Brazil’, France 24, 19 December Issue 3, March 2019. “transmission of sexual disorientation”’, 2019, www.france24.com/en/20191219-on- Coconuts Jakarta, 11 July 2019, coconuts.co/ parole-foreign-ex-convicts-battle-to-survive- 181 ‘Self-harm on the rise in NZ prisons’, Otago jakarta/news/indonesias-prison-chief- in-brazil. Daily Times Online News, 13 January 2020, says-lgbt-inmates-will-be-put-in-isolation- www.odt.co.nz/news/dunedin/self-harm- rooms-to-prevent-transmission-of-sexual- rise-nz-prisons. disorientation. PART FOUR 182 ‘Mental wellness initiative at Tihar 152 William J. Sabol, Thaddeus L. Johnson and prison reduced inmate suicides, says jail Alexander Caccavale, Trends in Correctional Prison management doctor’, Hindustan Times, 17 April 2019, Control by Race and Sex, Council on Criminal www.hindustantimes.com/delhi-news/ Justice, December 2019. 166 ‘Report: Only one prison doctor for approx mental-wellness-initiative-at-tihar-prison- 7 jails’, Dhaka Tribune, 6 November 2019, reduced-inmate-suicides-says-jail-doctor/ 153 Muslim Advocates, Fullfilling the Promise www.dhakatribune.com/bangladesh/ story-hiPT0psLdh5X41mDUh1jzO.html. of Free Exercise for All: Muslim Prisoner nation/2019/11/06/report-only-one-prison- Accomodation in State Prisons, July 2019. doctor-for-approx-7-jails. 183 ‘Pioneering prison health scheme credited with reduction in knife attacks’, The Irish 154 ‘Māori-focused prison initiative to 167 ‘Two medical doctors cater for over 15,000 Times, 29 April 2019, www.irishtimes.com/ target high security inmates’, Newshub, prison inmates’, GhanaWeb, 11 November news/ireland/irish-news/pioneering-prison- 10 May 2019, www.newshub.co.nz/ 2019, www.ghanaweb.com/GhanaHomePage/ health-scheme-credited-with-reduction-in- home/new-zealand/2019/05/maori- NewsArchive/Two-medical-doctors-cater- knife-attacks-1.3875445. focused-prison-initiative-to-target-high- for-over-15-000-prison-inmates-798217. security-inmates.html. 184 See Penal Reform International and Prison 168 European Committee for the Prevention of Reform Trust UK, Women in prison: mental 155 ‘“We don’t have a word for crime”: New Calgary Torture and Inhuman or Degrading Treatment health and well-being - a guide for prison Indigenous Court to follow peacemaking or Punishment (CPT), Report to the Ukrainian staff, 2020. approach’, CBC News, 3 September Government on the visit carried out from 2 to 2019, www.cbc.ca/amp/1.5264839?__ 11 April 2019, 2020, para. 24. 185 UNODC, World Drug Report 2019. Booklet 1: vfz=medium%3Dsharebar&__twitter_ Executive Summary, United Nations, 2019, impression=true. 169 Latvian Centre for Human Rights, Criminal p. 20. Detention in the EU - Conditions and 156 ‘Gefängnisse in Deutschland: Immer mehr Monitoring. Country Report Latvia, EU 186 Katie Stone and Sam Shirley-Beavan, Ausländer sitzen in Haft’, Rheinische Post Fundamental Rights Agency, June 2018, p. 8. The Global State of Harm Reduction 2018, Online, 4 February 2019, rp-online.de/politik/ 6th edition, Harm Reduction International, deutschland/gefaengnisse-in-deutschland- 170 Republic of Portugal, Seventh periodic report 2018, p. 23. immer-mehr-auslaender-sitzen-in-haft_aid- submitted by Portugal under article 19 of the 187 Human Rights Watch, World Report 2020, 36501705. Convention pursuant to the optional reporting procedure, CAT/C/PRT/7, United Nations 2020, p. 32. 157 ‘Court interpreters decline in Japan despite (Committee Against Torture), 7 June 2018, 188 UN Committee Against Torture (CAT), growing foreign defendants’, Kyodo News+, para. 199. Concluding observations on the fifth periodic 4 February 2020, english.kyodonews.net/ report of Uzbekistan, CAT/C/UZB/CO/5, news/2020/02/db0c23126311-court- 171 ‘Preventing COVID-19 outbreak in prisons: United Nations, 14 January 2020, para. 39. interpreters-decline-in-japan-despite- a challenging but essential task for growing-foreign-defendants.html. authorities’, WHO Regional Office for Europe, 189 UN High Commissioner for Human Rights, 23 March 2020, www.euro.who.int/en/ Human rights in the administration of justice, health-topics/health-determinants/prisons- A/HRC/42/20, United Nations, 30 July 2019, and-health/news/news/2020/3/preventing- para. 5. covid-19-outbreak-in-prisons-a-challenging- but-essential-task-for-authorities.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 53 ENDNOTES

190 For a summary of recent global developments, 209 ‘Where does Belgium’s legalisation of 226 See ‘Vídeo: tortura é registrada por câmeras see ‘Coronavirus: Prison Fever’, Prison Insider, euthanasia leave Belgian prison inmates?’, de segurança no presídio de Joinville’, 20 March 2020, www.prison-insider.com/en/ The Brussels Times, 17 September 2015, 2 February 2013, www.clicrbs.com.br/ articles/coronavirus-la-fievre-des-prisons. www.brusselstimes.com/opinion/34829/ especial/sc/precisamosderespostas/19,143 where-does-belgium-s-legalisation-of- 0,4032160,Video-tortura-e-registrada-por- 191 World Medical Association, WMA Statement euthanasia-leave-belgian-prison-inmates. cameras-de-seguranca-no-presidio-de- on Solitary Confinement, adopted by the Joinville.html. 65th WMA General Assembly in October 210 ‘‘We don’t need the death penalty’: 2014 and revised by the 70th WMA General 20% of inmates die each year in Philippines 227 ‘Mock Prison Riot 2020’, 2020, Assembly in October 2019, 2019. jail’, The Guardian, 4 October 2019, www.mockprisonriot.org/events/mock- www.theguardian.com/world/2019/oct/04/ prison-riot-2020/event-summary-a011d4c373 192 Human Rights Watch, World Report 2020, we-dont-need-the-death-penalty-20-of- 6748e8947f9033ddff1702.aspx?lang=en. 2020, pp. 31–32. inmates-die-each-year-in-philippines-jail. 228 Techniques include, for example, the use of 193 Human Rights Watch, World Report 2020, 211 UN High Commissioner for Human Rights, restraints to place people in hyper-extended 2020, p. 587. Human rights in the administration of justice, positions (hog-tying) or the use of batons 194 US Commission on Civil Rights, Women in A/HRC/42/20, United Nations, 30 July 2019, for neck holds. See, for example, European Prison: Seeking Justice Behind Bars, February para. 14. Committee for the Prevention of Torture 2020, p. 124. and Inhuman of Degrading Treatment (CPT), 212 UNODC, Global Study on Homicide 2019. Report to the Slovenian Government on the Booklet 2: Homicide: extent, patterns, trends 195 For a detailed review of recent developments, visit to Slovenia carried out from 31 January and criminal justice response, United Nations, see ‘2019 was a Watershed Year in the to 6 February 2012, Council of Europe, 2019, p. 81. Movement to Stop Solitary Confinement’, 2013, para. 67; European Committee for American Civil Liberties Union, 16 December 213 See the table in UNODC, Global Study on the Prevention of Torture and Inhuman of 2019, www.aclu.org/news/prisoners- Homicide 2019. Booklet 2: Homicide: extent, Degrading Treatment (CPT), Report to the rights/2019-was-a-watershed-year-in-the- patterns, trends and criminal justice response, Slovenian Government on the visit to Slovenia movement-to-stop-solitary-confinement. United Nations, 2019, p. 82. carried out from 31 January to 8 February 196 European Committee for the Prevention of 2006, Council of Europe, 2008, para. 11. 214 ‘#Killing’, Front Line Defenders, Torture and Inhuman of Degrading Treatment www.frontlinedefenders.org/en/ 229 European Parliament and Council of the (CPT), Report to the Italian Government on the violation/killing. European Union, Regulation of 16 January visit to Italy carried out from 12 to 22 March 2019 concerning trade in certain goods which 2019, Council of Europe, 2020, para. 37. 215 ‘Australia’s shame: how we mapped could be used for capital punishment, torture a decade of Indigenous deaths in 197 ‘Haiti: mutiny over cooking charcoal in Haiti or other cruel, inhuman or degrading treatment custody’, The Guardian, 16 February 2019, prison led to gang rapes, human-rights groups or punishment, EU 2019/125, European Union, www.theguardian.com/membership/2019/ say’, Prison Insider, 22 November 2019, www. 16 January 2019. feb/16/deaths-inside-indigenous-australian- prison-insider.com/en/articles/haiti-mutiny- deaths-in-custody. 230 Steering Committee for Human Rights over-cooking-charcoal-in-haiti-prison-led-to- (CDDH), Feasibility study of a legal instrument gang-rapes-human-rights-groups-say. 216 See ‘Deaths inside: Indigenous Australian concerning the trade in goods used for deaths in custody 2019’, The Guardian, 2019, 198 Manfred Nowak, UN Global Study on Children torture and other cruel, inhuman or degrading www.theguardian.com/australia-news/ Deprived of Liberty, United Nations, November treatment or punishment and the death ng-interactive/2018/aug/28/deaths-inside- 2019, p. 273. penalty, adopted by the CDDH at its 92nd indigenous-australian-deaths-in-custody. meeting (26-29 November 2019), Council 199 ‘ODIHR launches first ever guidance on 217 International World Group for Indigenous of Europe, December 2019. preventing sexual violence in detention’, Affairs, The Indigenous World 2019, 2019, OSCE, 23 September 2019, www.osce.org/ 231 UN General Assembly, Towards torture-free p. 349. odihr/432005. trade: examining the feasibility, scope and 218 UNODC, Global Study on Homicide 2019. parameters for possible common international 200 ‘Venezuelan prison clashes leave 29 inmates Booklet 2: Homicide: extent, patterns, trends standards (resolution adopted by the General dead’, BBC News, 25 May 2019, www.bbc.com/ and criminal justice response, United Nations, Assembly on 28 June 2019), A/RES/73/304, news/world-latin-america-48405679. 2019, p. 73. United Nations, 2 July 2019. 201 ‘UN reports mortality rates for people in 219 Amnesty International, Human Rights 232 Comisión Nacional de los Derechos Humanos prison as much as 50 percent higher than in Asia-Pacific: Review of 2019, (CNDH) de México, Diagnóstico Nacional de wider community’, Penal Reform International, ASA01/1354/2020, 2020, p. 66. Supervisión Penitenciaria 2019, 2019, pp. 9 18 November 2019, www.penalreform.org/ and 468. blog/un-reports-mortality-rates-for-people- 220 UNODC, Global Study on Homicide 2019. in-prison. Booklet 2: Homicide: extent, patterns, trends 233 ‘California’s prison gang problem: the role of and criminal justice response, United Nations, prison size’, Penal Reform International (blog), 202 See UN High Commissioner for Human Rights, 2019, p. 70. 24 November 2016, www.penalreform.org/ Human rights in the administration of justice, blog/californias-prison-gang-problem-role- A/HRC/42/20, United Nations, 30 July 2019. 221 Christopher Wildeman and Lars H. Andersen, prison-size. ‘Solitary confinement placement and 203 UNODC, Global Study on Homicide 2019. post-release mortality risk among formerly 234 ‘Criminal Subculture—Barrier to Prisoner Booklet 2: Homicide: extent, patterns, trends incarcerated individuals: a population-based Rehabilitation’, Penal Reform International and criminal justice response, United Nations, study’, The Lancet Public Health, Volume 5, (blog), 28 June 2019, www.penalreform.org/ 2019, p. 82. Issue 2, February 2020. blog/criminal-subculture-barrier-to-prisoner- 204 Marcelo F. Aebi and Melanie M. Tiago, SPACE I rehabilitation. 222 UN High Commissioner for Human Rights, - Council of Europe Annual Penal Statistics: Human rights in the administration of justice, 235 ‘Report: Mississippi prison, desperate for Prison populations, Council of Europe, 2018, A/HRC/42/20, United Nations, 30 July 2019. guards, put gangs in charge’, USA Today, pp. 2 and 99–100. 14 December 2019, www.usatoday.com/story/ 223 ‘At Least 7 Killed, 17 Injured in Shooting 205 ‘Just over 56 000 persons in the EU news/investigations/2019/06/25/report- at Guatemala Prison’, Voice of America, committed suicide’, Eurostat, 16 July 2018, mississippi-prison-guards-gangs/1552783001. 7 May 2019, www.voanews.com/americas/ ec.europa.eu/eurostat/web/products- least-7-killed-17-injured-shooting-guatemala- 236 UN Office on Drugs and Crime (UNODC), eurostat-news/-/DDN-20180716-1. prison. Handbook on Anti-Corruption Measures 206 Manfred Nowak, UN Global Study on Children in Prisons, 2017, pt. 1. 224 ‘Prison officer safety equipment rolled out’, Deprived of Liberty, United Nations, November Government of UK (Ministry of Justice), 9 237 Inter-American Commission on Human 2019, p. 136. October 2018, www.gov.uk/government/news/ Rights, Report on the Human Rights of 207 ‘Suicide in prison: a new study on risk prison-officer-safety-equipment-rolled-out. Persons Deprived of Liberty in the Americas, factors in the prison environment’, Penal Organization of American States, December 225 ‘Prison officers “need Tasers and stab vests” Reform International, 13 June 2018, 2011, para. 14; as cited in UN Office on to cope with rising violence in jails’, Sky News, www.penalreform.org/blog/suicide-in-prison- Drugs and Crime (UNODC), Handbook on 10 July 2017, news.sky.com/story/prison- a-new-study-on-risk. Anti-Corruption Measures in Prisons, United officers-need-tasers-and-stab-vests-to- Nations, 2017, p. 15. 208 ‘Why are so many people dying in US prisons cope-with-rising-violence-10943089. and jails?’, The Guardian, 26 May 2019, 238 Arshak Gasparyan, Gavin Slade, Jurgen Van www.theguardian.com/us-news/2019/ Poeke, et al., Baseline Study into Criminal may/26/us-prisons-jails-inmate-deaths. Subculture in Prisons in the Republic of Moldova, Council of Europe/Ministry of Justice of Moldova, 2018.

54 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 ENDNOTES

239 EU Agency for Fundamental Rights, Criminal 257 Marcelo F. Aebi and Melanie M. Tiago, SPACE I 274 EU Agency for Fundamental Rights, Criminal detention conditions in the European Union: - Council of Europe Annual Penal Statistics: detention conditions in the European Union: rules and reality, 2019, p. 43. Prison populations, 2018, p. 78. rules and reality, 2019, p. 28. 240 ‘Detention conditions and inter-prisoner 258 ‘How Norway turns criminals into good 275 OECD, States of Fragility 2018, February 2019, violence in Latvia flagged by Experts of neighbours’, BBC News, 7 July 2019, p. 26. the Committee against Torture’, OHCHR, www.bbc.com/news/stories-48885846; 276 OECD, States of Fragility 2018: Highlights, 21 November 2019, www.ohchr.org/ ‘Plan de estudios del aspirante a oficial’, February 2019, p. 6. EN/NewsEvents/Pages/DisplayNews. Escuela de Gendarmería de Chile, aspx?NewsID=25341&LangID=E. www.escueladegendarmeria.gob.cl/aspo_ 277 ‘The Role of the World Bank in Fragile and plan.html. Conflict-Affected Situations’, ReliefWeb, 241 European Committee for the Prevention of 5 December 2019, reliefweb.int/report/ Torture and Inhuman of Degrading Treatment 259 ‘Moroccan Prison Directors Take Training world/role-world-bank-fragile-and-conflict- (CPT), Report to the Georgian Government on on Suicide and Harm Prevention’, affected-situations. the visit to Georgia carried out from 10 to 21 Morocco World News, 22 November 2019, September 2018, Council of Europe, 2019, p. 5. www.moroccoworldnews.com/2019/ 278 OECD, States of Fragility 2018, February 2019, 11/287374/moroccan-prison-training- p. 117. 242 Philip Alston, Report of the Special Rapporteur suicide-prevention. on extrajudicial, summary or arbitrary 279 Ibid, p. 7. executions, A/HRC/8/3, United Nations, 260 ‘The Chinese Prison Where Guards Double 2 May 2008, para. 72. Up as Counselors’, Sixth Tone, 22 October 280 Ibid, p. 134. 2019, www.sixthtone.com/news/1004721/ 243 ‘World Report 2020: Rights Trends in Brazil’, 281 Donors include the Netherlands and UNDP the-chinese-prison-where-guards-double- Human Rights Watch, 11 December 2019, have support from a number of donors. up-as-counselors. www.hrw.org/world-report/2020/country- 282 General Direction of Penitentiary Services, chapters/brazil. 261 Data gathered by the UNODC, see ‘Criminal National Demilitarisation Strategy for Central Justice Personnel’, UNODC Statistics and 244 ‘Rights at a Price: Life Inside Cambodia’s African Republic, Penal Reform International/ Data, dataunodc.un.org/crime/CJP. Prisons’, Cambodian League for the Promotion MINUSCA/Ministry of Justice and Human and Defense of Human Rights (LICADHO), 262 National Crime Records Bureau, Prison Rights, 2019, www.penalreform.org/resource/ 20 January 2015, www.licadho-cambodia.org/ Statistics India 2018, Ministry of Home Affairs national-demilitarisation-strategy. collection/25/life_inside_cambodia_prison. (India), January 2020, pp. 236–237. 283 Tweet by the Network of Journalists 245 Council of Europe, European Prison Rules, 263 HM Prison and Probation Service, Staff for Human Rights in the Central African 2006, Rule 62. Equalities Report 2018/2019, 28 November Republic (RDJH_CA), 16 February 2019, p. 6. 2019, twitter.com/RJDH_RCA/ 246 Association for the Protection and status/1229105582382211072?s=20. Assistance to the Convicted, see ‘About 264 For more information, see: us’, Brazilian Fraternity of Assistance to the sustainabilityinprisons.org. 284 ‘Haiti’s dicey prison conditions made Convicted (FBAC), fbac.org.br/index.php/en/ worse by crisis’, France 24, 21 October 265 Alan Farrier, Michelle Baybutt and institucional/institutional. 2019, www.france24.com/en/20191021- Mark Dooris, ‘Mental health and wellbeing haiti-s-dicey-prison-conditions-made- 247 Elena Evstatieva, European Communities benefits from a prisons horticultural worse-by-crisis. of Restoration (ECOR): A Manual for programme’, International Journal of Prisoner Implementation and Best Practice, May 2016. Health, Volume 15, Issue 1, March 2019. 285 International Federation of Red Cross and Red Crescent Societies (IFRC), Emergency 248 European Committee on Crime Problems, 266 ‘Oregon State Penitentiary unveils new Plan of Action Operation Update. India: Guidelines regarding recruitment, selection, “healing garden”’, Salem Reporter, 7 November Monsoon Floods, MDRIN023, 2019. education, training and professional 2019, www.salemreporter.com/posts/1480/ development of prison and probation staff, oregon-state-penitentiary-unveils-new- 286 ‘Hurricane Dorian Post Storm Summary’, 2019, para. 1. healing-garden. Florida Department of Corrections, 10 September 2019, dc.state.fl.us/comm/ 249 ‘Corrections officers sue Arizona over 267 For more information, see ‘Bangli press/Main/09-10-Dorian-Summary.html. attacks, security failures’, KNXV, 19 July Prison Permaculture’, IDEP Foundation, 2019, www.abc15.com/news/local-news/ www.idepfoundation.org/en/how-you-can- 287 ‘Palu quake provides a shot at investigations/corrections-officers-sue- help/support-a-project/bali/bangli-prison- redemption for Indonesian prisoners’, arizona-over-attacks-security-failures. permaculture. Channel News Asia, 28 September 2019, www.channelnewsasia.com/news/asia/ 250 Ministère de la Justice (France), Les 268 ‘Locked up and living sustainably: indonesia-palu-quake-prisoners-inmates- chiffres clés de l’administration pénitentiaire Eco-friendly prison wins award’, CNN, volunteer-help-victims-11863476. 2018, 2018. 5 April 2019, www.cnn.com/style/article/ eco-friendly-prison-intl/index.html. 288 ‘Florida Inmates Evacuated to Already 251 See National Crime Records Bureau, Prison Overcrowded Prison Facilities’, Statistics India 2018, Ministry of Home Affairs 269 ‘Construction of Green production workshop Miami New Times, 2 September 2019, (India), January 2020, p. 226. (Green industry - Bulgaria)’, EEA Grants, www.miaminewtimes.com/news/florida- eeagrants.org/archive/2009-2014/projects/ prison-inmates-evacuated-ahead-of- 252 European Committee for the Prevention of BG10-0009. hurricane-dorian-moved-into-already- Torture and Inhuman or Degrading Treatment crowded-facilities-11256098. or Punishment (CPT), Report to the Georgian 270 ‘Planting hope: In Panama, a vivarium is Government of the visit to Georgia from 10 to helping reforest the lives of prison inmates’, 289 ‘Facing the Inferno – Part 3: Kids at Sylmar 21 September 2018, 2019, para. 96. International Committee of the Red Cross, Juvenile Hall Reportedly Stripped Naked & 24 February 2018, www.icrc.org/en/ Physically Assaulted During Evacuation From 253 ‘Most prison staff in Switzerland are satisfied document/planting-hope-panama-nursery- Saddle Ridge Fire When Transported Without with their jobs’, Swiss National Science helping-reforest-lives-prison-inmates. Adult Supervision on LA Sheriff’s Buses’, Foundation, 20 January 2015, www.snf.ch/en/ WitnessLA, 24 October 2019, witnessla.com/ researchinFocus/newsroom/Pages/news- 271 ‘Integrating sport into youth crime kids-at-sylmar-juvenile-hall-reportedly- 150120-press-release-most-prison-staff- prevention and criminal justice strategies assaulted-and-stripped-naked-during- switzerland-satisfied-with-job.aspx. in focus at expert UNODC event’, UNODC, evacuation-from-saddle-ridge-fire-when- 6 January 2020, www.unodc.org/unodc/en/ 254 The following ratios have been calculated driven-without-adult-supervision-on-la- frontpage/2020/January/integrating-sport- by dividing the total prison population by the sheriffs-buses. into-youth-crime-prevention-and-criminal- total of prison staff of one given year, based justice-strategies-in-focus-at-expert-unodc- 290 ‘‘Prisoners could be trained to fight Australia’s on the latest available statistics gathered event.html. wildfires’, authorities say’, The Independent, from official prison services, the ICPR 10 January 2020, www.independent.co.uk/ World Prison Brief database and the UNODC 272 UN Economic and Social Council (ECOSOC), news/world/australasia/australia-wildfires- Criminal justice personnel database; unless Integrating sport into youth crime prevention prison-new-south-wales-correction- specified otherwise. and criminal justice strategies (resolution services-a9277946.html. adopted by the Economic and Social Council 255 for Denmark, Sweden and Norway, see on 23 July 2019), E/RES/2019/16, United 291 ‘Des détenus ‘à cran’ face à une canicule Marcelo F. Aebi and Melanie M. Tiago, SPACE I Nations, 2019, p. 3. ‘insupportable’ en France’, France 24, - Council of Europe Annual Penal Statistics: 23 July 2019, www.france24.com/ Prison populations, 2018, p. 78. 273 ‘Rugby changing lives inside Hong Kong fr/20190723-prison-detenus-canicule- prison’, Alliance of Sport in Criminal Justice, 256 Republic of Cameroon, Single Report france-chaleur-cellule-oip-etablissement- allianceofsport.org/news/rugby-prison-hong- comprising the 4th, 5th and 6th Periodic penitentiaire. kong-alliance-sport. Reports of Cameroon relating to the ACHPR (2015-2019), 2020, p. 92, para. 552.

Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 55 ENDNOTES

292 ‘19 treated for heat-related illnesses in past 298 See ‘More evidence needed to prove 304 ‘CSD 2018 Annual Review: Commissioner’s month, Texas prison officials say’, Dallas technology leads to better probation Foreword’, Hong Kong Correctional Services, News, 24 August 2018, www.dallasnews.com/ supervision’, HM Inspectorate of Probation, 2019, www.csd.gov.hk/annualreview/2018/ news/crime/2018/08/24/19-treated-for- 13 March 2019, www.justiceinspectorates. textonly/en/commissioner. heat-related-illnesses-in-past-month-texas- gov.uk/hmiprobation/media/press- 305 ‘Meet South Korea’s new robotic prison prison-officials-say. releases/2019/03/rabulletin2019-02. guards’, Digital Trends, 21 April 2012, 293 ‘Cruel and unusual punishment: When 299 Commissioner for Human Rights, Unboxing www.digitaltrends.com/cool-tech/meet- states don’t provide air conditioning in Artificial Intelligence: 10 Steps to Protect south-koreas-new-robotic-prison-guards. prison’, Prison Policy Initiative, 18 June 2019, Human Rights, Council of Europe, May 2019, 306 A computer simulation of five years of arrests www.prisonpolicy.org/blog/2019/06/18/ p. 5. in New York City found that eliminating air-conditioning. 300 See, for instance, ‘‘Smart mix’ of measures human judgement from bail decisions could needed to regulate new technologies— significantly lessen pre-trial imprisonment Bachelet’, OHCHR, 24 April 2019, rates without impacting crime rates, and PART FIVE www.ohchr.org/EN/NewsEvents/Pages/ do so in a non-discriminatory fashion, see DisplayNews.aspx?NewsID=24509; Council ‘Pitfalls of Using Risk Assessment Tools’, Role and use of technologies of Europe, ‘Justice in Europe facing the Criminal Legal News, 17 September 2019, challenges of digital technology’. Speech by www.criminallegalnews.org/news/2019/ 294 UNCTAD, Digital Economy Report 2019. Dunja Mijatović, CoE Commissioner for Human sep/17/pitfalls-using-risk-assessment-tools. Value Creation and Capture: Implications Rights, CommDH/Speech (2019)11, 15 October 307 See, for instance, The Partnership on AI, for Developing Countries, UNCTAD/DER/2019, 2019; Hannah Couchman, Policing by Machine: Report on Algorithmic Risk Assessment Tools United Nations, 2019. Predictive Policing and the Threat to Our in the U.S. Criminal Justice System, April 2019; Rights, Liberty, January 2019. 295 European Court of Human Rights, Gorlov and Hannah Couchman, Policing by Machine: Others v. Russia, Application no. Application 301 Council of Europe, ‘Justice in Europe facing Predictive Policing and the Threat to Our nos. 27057/06 and 2 others, 2 July 2019. the challenges of digital technology’. Speech Rights, Liberty, January 2019. by Dunja Mijatović, CoE Commissioner for 296 ‘Camera in a remand prison cell and the right 308 Commissioner for Human Rights, Unboxing Human Rights, CommDH/Speech (2019) 11, to privacy’, Czech Public Defender of Rights, Artificial Intelligence: 10 Steps to Protect 15 October 2019. 21 August 2019, www.ochrance.cz/en/news/ Human Rights, Council of Europe, press-releases-2019/camera-in-a-remand- 302 Commissioner for Human Rights, Unboxing May 2019, p. 8. prison-cell-and-the-right-to-privacy. Artificial Intelligence: 10 Steps to Protect 309 Ibid., p. 10. Human Rights, Council of Europe, May 2019. 297 See for example ‘Biometric Probationer Reporting Kiosk’, Bayometric, 303 ‘US prisons and jails using AI to mass- www.bayometric.com/biometric-probationer- monitor millions of inmate calls’, ABC reporting-kiosk. News, 24 October 2019, abcnews.go.com/ Technology/us-prisons-jails-ai-mass- monitor-millions-inmate/story?id=66370244.

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