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,