Penal Reform International, Thailand Institute of Justice: Global Prison Trends, 2018
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GLOBAL PRISON TRENDS 2018 SPECIAL FOCUS Pull-out section The rehabilitation and reintegration of offenders in the era of sustainable development Global Prison Trends 2018 This document is co-published and produced with financial assistance from the Thailand Institute of Justice (TIJ). It is the fourth edition of Penal Reform International’s Global Prison Trends series. This report was authored by Olivia Rope and Frances Sheahan. Penal Reform International (PRI) would also like to thank Harvey Slade for his contribution to the report, as well as Javier Sagredo and Phiset Sa-ardyen (TIJ) for contributing to the Special Focus section. The authors drew on information provided by contributors to PRI’s expert guest blog series available at www.penalreform.org/blog and information kindly provided by partner organisations. The report was edited by Martha Crowley. Its contents are the sole responsibility of PRI. 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 PRI. Due credit must be given to PRI, the TIJ and to this publication. Enquiries should be addressed to firstname.lastname@example.org. ISBN: 978-1-909521-60-5 First published in May 2018. © Penal Reform International 2018 Graphic design by Alex Valy. (www.alexvalydesign.co.uk) Cover photo © Karla Nur 2014. Penal Reform International (PRI) is an independent non-governmental organisation that develops and promotes fair, effective and proportionate responses to criminal justice problems worldwide. We promote alternatives to prison that support the rehabilitation of offenders, and promote the right of detainees to fair and humane treatment. We campaign for the prevention of torture and the abolition of the death penalty, and we work to ensure just and appropriate responses to children and women who come into contact with the law. We currently have programmes in the Middle East and North Africa, Central Asia, the South Caucasus and Sub-Saharan Africa, and work with partners in South Asia. To receive our monthly e-newsletter, please sign up at www.penalreform.org/keep-informed. Penal Reform International Head Office 1 Ardleigh Road London N1 4HS United Kingdom +44 (0) 207 923 0946 Email: email@example.com Twitter: @PenalReformInt Facebook: @penalreforminternational www.penalreform.org The Thailand Institute of Justice (TIJ) is a public organisation established by the Government of Thailand in 2011 and officially recognised by the United Nations Office on Drugs and Crime as the latest member of the United Nations Crime Prevention and Criminal Justice Programme Network Institutes in 2016. One of the primary objectives of the TIJ is to promote and support the implementation of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules). In addition, the TIJ strives to serve as a bridge that transports global ideas to local practices with an emphasis on fundamental issues including interconnections between the rule of law and sustainable development, human rights, peace and security. For more information, please visit www.tijthailand.org Thailand Institute of Justice GPF Building 15th–16th Floor Witthayu Road, Pathum Wan Bangkok 10330 Thailand Email: firstname.lastname@example.org www.tijthailand.org CONTENTS Contents Foreword 5 Introduction 6 1. Crime and imprisonment Crime rates and the use of imprisonment Prison overcrowding 7 7 8 2. Trends in the use of imprisonment Pre-trial justice Pre-trial detention Sentencing Life imprisonment Death penalty Drugs and imprisonment 10 10 11 11 12 13 14 3. Prison populations Women Children Elderly people Lesbian, gay, bisexual, transgender and intersex (LGBTI) people People with disabilities 16 16 18 19 4. Prison management Security and violence Prison staff Health Solitary confinement Contact with the outside world Rehabilitation and reintegration Violent extremism in prison Fragile and conflict-affected states Corruption in prison 22 22 23 25 26 27 28 28 31 32 5. Role and use of technologies 33 6. Alternatives to imprisonment 36 20 21 25 Key recommendations 39 Endnotes 41 CENTREFOLD Special Focus 2018 (pull-out section) The rehabilitation and reintegration of offenders in the era of sustainable development Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 |3 FOREWORD [The] trend of over-incarceration and punishment of people who use drugs is seen on every continent © Oliver de Ros, 2017 4 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 FOREWORD Foreword Every year, Global Prison Trends by Penal Reform International (in collaboration with the Thailand Institute of Justice) provides us with a global view on the state of prisons. And, every year, this report is, unfortunately, hardly a surprise – we read about the degrading conditions in which people are imprisoned, and about their growing number. Yet the level of crime in most societies is constantly decreasing. The question that remains unanswered, therefore, is why our societies focus their response to unlawful behaviours so often on prison? Where is the proportionality in sentencing when we punish nonviolent offences with lengthy prison sentences? Is this the only response we can offer? The chapter on drugs and imprisonment in this report highlights that a high number of prisons in the world are overcrowded due to the incarceration of people for drug-related offences, in particular non-violent offences involving use and possession for personal use. This directly reflects our contemporary addiction to punishment and showcases the disproportionality of punishment in relation to the offence. The use of harsh prison sentences for people who use drugs or for those who play a minor role in the drug trade also shows the inefficiency, limitations and perverse effects of current drug control policies. Not only are punishment and incarceration becoming the sole instruments used to enforce the law, but also they are serving to implement moral norms which have no link with the reality of the offence that they are supposed to punish. This trend of over-incarceration and punishment of people who use drugs is seen on every continent. The deep impact it has on prison systems and on people in prison and their communities has sparked the current global debate on drug policy reform. In recent years, more and more countries have been introducing amendments to their drug laws; for example, by decriminalising the use of drugs in Norway and Colombia, and by replacing prison terms with monetary fines in Ghana and Tunisia or with community service, as envisaged in Senegal. Other countries have gone even further. Ecuador gave an amnesty to drug couriers and released thousands of prisoners. Countries that have traditionally adopted harsh stances on drugs, such as Malaysia and Iran, are reviewing their death penalty policies for drug offences, and removing people from death row. These changes and reforms are being discussed and implemented in a global environment that remains highly stigmatising, where drugs are still considered ‘evil’ and prohibition approaches prevail. They are therefore born out of a real need – the need for societies to stop exposing their citizens to greater risks from arrests related to drug use than come from the act of using drugs. we call for these commitments to be implemented, taking account of the fact that over-incarceration as a result of out-of-date drug policies stalls progress on implementing the Sustainable Development Goals, notably for Goal 3 on health, Goal 5 on gender equality, Goal 10 on reducing inequality, and Goal 16 on peaceful societies. Drug policies need reforms, and there are two urgent ones to enact. First, we need to accept that behaviours and actions of others that are not aligned with our own moral perspectives do not need to be turned into criminal offences. Second, we need to introduce proportionate sentencing and alternatives to imprisonment for minor drug supply-related offences. This will ease pressure on prison systems so that they can fulfil their purpose as set down in the UN Nelson Mandela Rules: to play a rehabilitative role and focus on social reintegration, and to distance from the criminal justice system those who should not be subject to it, including people who use drugs. Rt Hon Helen Clark Member of the Global Commission on Drug Policy; Former Prime Minister of New Zealand, 1999–2008; Former Administrator of the United Nations Development Programme (UNDP), 2009–2017. The need for reforms was also highlighted at the UN General Assembly Special Session on Drugs held in 2016. In their decisions there, member states called for more proportionate sentencing and for alternatives to incarceration. At the Global Commission on Drug Policy, Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 |5 INTRODUCTION Introduction Global Prison Trends 2018 is the fourth edition in Penal Reform International’s annual series, published in collaboration with the Thailand Institute of Justice. The report analyses trends in criminal justice and the use of imprisonment and, as in previous years, these show that while overall crime rates around the world have declined, the number of people in prison on any given day is rising. This continuing increase demonstrates that pre-trial detention is not being used as a last resort, as required by international standards, and prison remains the automatic response to criminal offending in most countries around the globe. Minor, petty offences continue to attract prison sentences, including poverty-related crimes like theft or drug use and possession. Overall, sentences are becoming longer, with mandatory minimum sentencing policies restricting access to justice. With few exceptions, the principle of proportionality in sentencing remains aspirational. People from minority groups and Indigenous communities continue to be caught up in criminal justice systems at disproportionate levels, which often reflects the social and economic exclusion of such groups. 6 | All of these factors have contributed to prison overcrowding at crisis levels, and although some countries have made efforts to reduce their prison populations, many have resorted to unsustainable ‘quick fixes’ such as amnesties or building new prisons. Criminal justice policies affect nearly every aspect of the 2030 Sustainable Development Goals (SDGs), including poverty, food security, human rights, health and well-being, education, social inclusion, gender equality, employment, environmental issues, human security, access to justice, inclusive political processes, and governance and the rule of law. Yet they have often been developed without full consideration of the costs of such policies for sustainable development. As the Special Focus section on The rehabilitation and reintegration of offenders in the era of sustainable development argues, our leaders need to rethink criminal justice policy to overcome these enormous problems and ensure that ‘no one is left behind’ – a commitment made by states in adopting the SDGs. A system based on rehabilitation and sustainable development can see people in prison rebuild their lives and contribute to safer societies, free from poverty. In addition to chapters on sentencing, prison populations, prison management, the role and use of technologies and alternatives to imprisonment, this year’s report takes a closer look at pre-trial justice issues. Part two covers developments in safeguarding rights for people arrested and suspected of a criminal offence, as well as new research on sentencing practices, such as the increasing use of plea bargaining and life imprisonment. By providing an overview of trends and challenges in penal policy and the use of imprisonment globally, we hope that Global Prison Trends 2018 provides a useful tool for policymakers and other actors working towards fair and effective criminal justice systems. Alison Hannah Dr. Kittipong Kittayarak Executive Director Penal Reform International Executive Director Thailand Institute of Justice Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 CRIME AND IMPRISONMENT PART ONE Crime and imprisonment Crime rates and the use of imprisonment Accurately measuring levels of crime is not possible, although general trends suggest that crime rates have continued downwards in recent years for homicide and other violent crimes, as well as for property crimes. Prosecutions for drug possession offences, on the other hand, increased between 2003 and 2013, while drug trafficking prosecutions remained stable.1 Cybercrime, such as internet-based theft, fraud and exploitation, is increasingly recognised as a major concern.2 The crime of homicide is generally regarded as a proxy indicator for violent crime overall. The United Nations Office on Drugs and Crime found an overall decline in intentional homicide between 2009 and 2015 but noted marked variants across different regions.3 Large increases in homicide were seen in South America until 2014, in Northern Africa between 2009 and 2011, and in Southern Africa between 2011 and 2015, although in the latter there has been a significant decline over the past 25 years. A common feature of several countries with high homicide rates is inequality in income distribution.4 Globally, men are overrepresented as both victims and perpetrators when it comes to homicide. However, women make up the majority of victims of homicide by intimate partners and family members, and there is limited regional differentiation in this pattern.5 Despite the global downward trends in crime, between 2000 and 2015 prison populations rose unrelentingly by almost 20 per cent – a rate slightly higher than the world population growth over the same period.6 The number of women and girls in prison worldwide increased by 53 per cent between 2000 and 2017.7 The Institute for Criminal Policy Research estimates that there were over 10.35 million prisoners living in prisons around the world in 2016, either in pre-trial detention or having been convicted and sentenced. The true figure may be in excess of 11 million, since the data is not complete and, for example, does not include figures from countries such as Eritrea, Somalia and North Korea, nor people in police detention.8 There are diverging trends in the use of imprisonment at the regional level. Between 2000 and 2015, the total prison population in Oceania increased by almost 60 per cent, and in the Americas it increased by over 40 per cent overall – 14 per cent in the US, over 80 per cent in Central American countries, and by 145 per cent in South American countries.9 In Europe, by contrast, the use of imprisonment decreased by 21 per cent in the same period.10 Russia’s prison population decline is striking (a 37 per cent reduction between 2000 and 2015) and the explanation for this is not clear. One study suggested that the jurisprudence of the European Court of Human Rights might have had Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 an impact;11 since 1998, the Court has delivered more than 600 judgments finding inhuman and degrading treatment of individuals in Russia’s detention facilities.12 The Netherlands saw a decrease of 46 per cent in its prison population between 2006 and 2016. Again, the causes of this are unclear, but contributing factors are a renewed focus on crime prevention, a drop in registered violent crime, and expansion of the scope of suspended sentences and in the use of electronic monitoring.13 The country has such a surplus of unused cells that it has rented some of its prisons to Belgium and Norway.14 Although the female prison population is rising, women and girls still remain a small minority, constituting 6.9 per cent of the global prison population.15 In Africa, the proportion – at 3.4 per cent – is much lower than elsewhere. In the Americas, women and girls make up 8.4 per cent of the total prison population, while in Asia the proportion is 6.7 per cent; in Europe, 6.1 per cent; and in Oceania, 7.4 per cent.16 The drivers behind the increasing rates of imprisonment globally are many and varied, and can be linked to changes in criminal justice policies and practices such as mandatory sentencing and stringent bail conditions, as well as social, cultural and economic factors such as levels of inequality, substance abuse, unemployment and social and community cohesion. Any relationship between rates of imprisonment and levels of criminal activity remains contested. |7 CRIME AND IMPRISONMENT Some countries continue to have a ‘tough on crime’ approach founded on a belief that higher rates of imprisonment and longer sentences will act as a deterrent and incapacitate offenders from committing crime whilst in prison. However, there is clear evidence that tougher sentences of imprisonment do not in fact deter offenders from committing crime. A 2017 report by the Open Philanthropy Project reviewed 35 international studies that examined this link, and concluded that ‘the crux of the matter is that tougher sentences hardly deter crime, and that while imprisoning people temporarily stops them from committing crime outside prison walls, it also tends to increase their criminality after release. As a result, “tough on crime” initiatives can reduce crime in the short run but cause off-setting harm in the long run’.17 RECOMMENDATION 01 overcrowding. While there is a great deal of evidence that the mental health of prisoners is affected by prison overcrowding, including from the UN,22 a new academic study that assessed 4,000 prison suicides in 24 countries found no link between suicides and overcrowding.23 Justice Ministry admitted to a ‘severe’ overcrowding problem.29 The extra prisons will increase the total prison capacity by 137,000 beds.30 In Slovakia, a new prison is planned to house a further 832 prisoners,31 and Nigeria announced that six ‘ultramodern’ prisons will be opened across the country.32 A European Parliament report which deplored prison overcrowding in EU member states noted that ‘increasing prison capacity is not the sole solution to overcrowding, as the prison population tends to rise at the same rate as increases in prison capacity’.33 States should introduce a range of law and policy changes to reduce rates of imprisonment, such as crime prevention measures, the expansion of alternative measures, and a renewed focus on rehabilitation in both prisons and community settings. Prison overcrowding The growth of the world prison population has exceeded the rate of general population growth since 2000, and, in many countries, this increase has led to more overcrowded prisons. Data suggests that the number of prisoners exceeds official prison capacity in at least 120 countries.18 This is an underestimate, as some systems base their calculations on minimal space per prisoner. Prison overcrowding is largely a consequence of dysfunctional criminal justice systems and punitive responses to crime. (See Pre-trial detention, page 11; Sentencing, page 11). Overcrowding also occurs in transportation of detainees; for instance, a recent report by Amnesty International found that prisoners in Russia can spend up to 60 hours in a space of just 0.29 square metres while being transferred between facilities.19 A small number of countries have seen a drop in their prison populations in recent years, including Russia and Mexico.20 But the general trend of over-incarceration and prison overcrowding continues. A report issued by the UN High Commissioner for Human Rights in 201721 detailed the causes and effects of over-incarceration and prison overcrowding, citing violence and abuse as ‘by-products’ of the latter. It also pointed out links between overcrowding and inadequate healthcare and facilities for training, as well as a lack of opportunity to enjoy the right to freedom of religion or belief. The report detailed how vulnerable groups are impacted differently and more severely by 8 | The long-term solution to prison overcrowding lies in the reform of policies and laws and the use of alternatives to imprisonment, as required by the UN Tokyo Rules.24 However, more immediate responses, such as amnesties and pardons, continue to be implemented. Amnesties were recently announced in Macedonia and Kuwait, and, in The Gambia, more than 250 prisoners received a pardon.25 In Kenya, the President directed the release of petty offenders, citing huge costs as the reason for decongestion, and a decongestion initiative began in 2017 in Nigeria, led by a newly established national committee on prison reform.26 While amnesties and pardons produce short-term relief, they are not a sustainable solution and can also erode public confidence in the criminal justice system. In the Czech Republic, approximately 2,000 of the 6,500 people released in a 2013 amnesty subsequently returned to prison.27 In Burundi, a pardon to release around a third of the prison population in early 2017 was criticised as only making space for political prisoners.28 Some countries look to the construction of new prisons to reduce overcrowding. Turkey has announced plans to build 228 prisons over the next five years, after its The use of non-custodial measures at the pre-trial stage and post-conviction is increasingly understood to be an effective way to reduce overcrowding. Several countries struggling with overstretched prisons took steps to keep people out of prison. For example, following a European Court of Human Rights ruling that it take steps to address prison overcrowding, Romania planned to introduce early release and electronic monitoring for certain categories of prisoners.34 (See Pre-trial detention, page 11; Alternatives to imprisonment, page 36; and for electronic monitoring, page 33). RECOMMENDATION 02 Strategies to address prison overcrowding should focus on crime prevention, expanding the use of alternatives to imprisonment and social interventions that promote sustainable development and reduce poverty and inequality. (SDGs 1, 10 and 16) Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 CRIME AND IMPRISONMENT The long-term solution to prison overcrowding lies in the reform of policies and laws and the use of alternatives to imprisonment © Thailand Institute of Justice, 2017 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 |9 TRENDS IN THE USE OF IMPRISONMENT PART TWO Trends in the use of imprisonment Pre-trial justice Everyone has rights, from the moment they first come into contact with the criminal justice system. These include protection from the unnecessary use of force by the police, from summary or arbitrary arrest, and from incommunicado detention. People have the right to be told of the reason for their arrest, have access to legal representation and medical care, and to be charged and brought promptly before a judge.35 Police detention and investigation can be a time of great vulnerability for detainees, with many of these rights being flouted. For instance, in India state-funded legal aid is not always provided at the time of arrest or when the accused person is first brought before a magistrate, which discriminates against people who cannot afford private lawyers in the critical pre-charge stage.36 Research from Mexico found that 83 per cent of Indigenous prisoners were not shown an arrest warrant and 77 per cent did not understand why they were being detained, and there were only 24 public defenders who spoke Indigenous languages available for 7,433 Indigenous suspects.37 In Brazil, judges in only about 40 per cent of jurisdictions see detainees promptly after arrest at ‘custody hearings’ (where rulings are made on pre-trial detention), and many wait months to see a judge. In response, the Brazilian 10 | Congress has been considering legislation that would make custody hearings mandatory nationwide.38 Some other positive measures have been adopted to protect suspects, such as in Japan, where a revised law requires mandatory video recording of interrogations with suspects to be implemented by June 2019.39 A pilot project in Fiji to introduce video recording of police interviews was extended for another year.40 In Paraguay, it is now mandatory to use detention registries in all police stations, which can improve transparency.41 Abusive and coercive interrogation practices have long been criticised, not least because they are ineffective in achieving the aim of fact-finding to solve crimes. The UN High Commissioner for Human Rights reiterated recently that coercive methods, including the use of torture, are unreliable, counterproductive and ‘deeply wrong’.42 In 2016, a report by the UN Special Rapporteur on torture urged states to develop an international protocol on non-coercive interviewing methods to counter widespread patterns of torture and ill-treatment to extract confessions of guilt. This has led anti-torture advocates to promote ‘investigative interviewing’ – a non-coercive method of interviewing criminal suspects, and work has commenced to develop a set of universal standards for noncoercive interviewing and procedural safeguards.43 The Convention against Torture Initiative has published a training tool on the method,44 and the UN has announced the publication of a Manual on Investigative Interviewing for UN police officers.45 Investigative interviewing has its origins in the ‘PEACE’ model developed in England and Wales in the 1990s,46 which has since influenced other law enforcement agencies, including in Norway, New Zealand and China.47 RECOMMENDATION 03 States should respect, protect and fulfil the full range of human rights and procedural safeguards guaranteed for people arrested. To prevent torture or ill-treatment of suspects, investigative interviewing that is noncoercive should be adopted. (SDG 16) Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 TRENDS IN THE USE OF IMPRISONMENT Pre-trial detention Pre-trial detention is one of the main causes of over-incarceration and overcrowding and it remains an enormous challenge for prison systems. Around 30 per cent of prison populations have not been convicted. While global pre-trial rates have decreased slightly over the past 10 years, in some countries over 60 per cent of people in prison are in pre-trial detention.48 The total number and percentage of pre-trial detainees is an indicator of access to justice under Goal 16 of the Sustainable Development Goals.49 A lack of access to legal representation is a major factor contributing to high rates of pre-trial detention. For example, a survey in Nigeria found that 56 per cent of pre-trial detainees did not have active legal representation primarily due to lack of funds to engage a lawyer.50 Barriers to appearing in court are another factor, such as in India, where there was a reported 82,334 cases across 154 prisons in a six-month period where pre-trial detainees did not appear in court for their trial, due to a shortage of police escorts.51 High rates of pre-trial detention are also a result of unaffordable amounts of monetary bail being set by courts, which particularly impacts on poor people caught up in criminal justice systems. The problem is well-documented in the US, where, in the state of Hawaii during the first half of 2017, almost half of the jail population were in pre-trial detention because bail amounts were set at excessive levels; the average amount for the lowest-level felony was over USD$20,000 in Honolulu.52 Steps were taken in several US states to reform bail systems to address the issue, including in Connecticut, Alabama and recently in New York City, where cash bail for non-felony cases is to be abolished.53 Efforts to reduce levels of pre-trial detention have been seen in a number of countries. In Thailand, a pilot project across 12 courts successfully introduced flight-risk assessment when determining if pre-trial detention is necessary. Around 66,000 people are imprisoned each year in Thailand because they do not have enough cash or assets to post bail before and during their trials.54 In Liberia, where it is estimated that 69 per cent of prisoners are in pre-trial detention, a special judiciary task force has been established to review cases.55 Other measures to address the excessive use of pre-trial detention included legal limits on its length and application. For example, in Bolivia, where 68 per cent of the prison population are in pre-trial detention, reforms are being considered to shorten the maximum time of pre-trial detention and limit the number of cases that it can be applied to.56 In Colombia, a new law came into effect in response to a Supreme Court ruling to expedite low-level criminal cases where the suspects are in pre-trial detention.57 The Egyptian Parliament is currently drafting a bill to put a six-month ceiling on pre-trial detention, although there is some scepticism as to whether it would be fully implemented.58 RECOMMENDATION 04 Pre-trial detention should only be used as a means of last resort, and decisions to detain should be based on the presumption of innocence and the principles of necessity and proportionality. Monetary bail policies should be reviewed to ensure they do not discriminate against poor people. (SDGs 1, 10 and 16) Sentencing Levels of severity in sentencing vary considerably between countries, and identifying trends in the proportionality and length of sentences is not straightforward. However, available data suggests that prison sentences are getting longer generally, particularly for serious offences. For example, whilst the number of custodial prison sentences handed down by courts in Finland decreased overall by 42 per cent between 2004 and 2016, the average duration of life-term sentences rose from just over 10 years in the 1990s to 14.5 years in 2016.59 A similar trend was seen in Scotland, where the average tariff for those receiving a life sentence increased from 10 years in 2000 to over 18 years in 2012.60 (See Life imprisonment, page 12). In England and Wales,141 offenders had their sentences increased in 2016 as a result of a referral scheme where anyone can ask the Attorney General to consider whether a sentence should be referred for review at the Court of Appeal for being unduly lenient. The scheme is only possible for more serious offences, and in 2017 was extended to include 19 terrorism-related offences.61 Wide variation has also been observed in sentencing practice between courts and individual judges; for example, in Ireland, where there are no sentencing guidelines, analysis of sentencing for Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 burglary revealed that offenders are far less likely to receive a custodial sentence in Limerick than in Dublin.62 Elsewhere there have been positive sentencing reforms. In New Zealand, a new government set out plans to remove the ‘three strikes’ law introduced in 2010, which removed the discretion of a judge when sentencing a third offence, requiring the maximum prison sentence available in law, without the possibility of parole.63 The Nepalese Parliament passed a Bill that permits courts to sentence prisoners to ‘open jails’ and, if sentenced to less than two months, the court may order them to serve their sentence in a rehabilitation centre.64 | 11 TRENDS IN THE USE OF IMPRISONMENT In the US, the Sentencing Commission considered an amendment to the federal sentencing guidelines to increase the availability of ‘alternative to incarceration’ sentences.65 A significant trend in relation to sentencing is a growth in plea bargaining or trial waiver systems. Plea bargains are a negotiated process by which the prosecution puts forward reduced charges or requests a lighter sentence, and in return a defendant pleads guilty or incriminates others. A 2017 study on 90 countries by the NGO Fair Trials found that there was a 300 per cent increase in plea bargains worldwide since 1990.66 For example, in Georgia, where plea bargaining was introduced in 2004, the share rose from 13 per cent in 2005 to 88 per cent in 2012. The US is the jurisdiction with the most extensive use – over 95 per cent of criminal cases are now resolved through plea bargains, with little regulation (there are no legal limits on what can be negotiated between individual prosecutors and defendants). In Australia, England and Russia, more than 60 per cent of cases are resolved with plea bargains.67 Supporters of plea bargaining assert that it can reduce court waiting times, help to reduce pre-trial detention, save money, and can protect vulnerable victims from the ordeal of testifying in trial. In India, for instance, it was introduced explicitly to address overcrowding.68 However, without adequate procedural safeguards, there are considerable concerns about its use and expansion, not least that defendants lack the procedural safeguards that should be available to them during a trial. Also, innocent people can be persuaded to plead guilty; easier convictions can encourage over-criminalisation and drive harsher sentences; there can be an inequality between the negotiating partners and a lack of transparency where ‘deals’ are done by prosecutors behind closed doors; and public trust in justice can be undermined.69 RECOMMENDATION 05 Sentencing practice should be guided by international law, including the UN Tokyo and Bangkok Rules, and should be based on the principle of proportionality. Plea bargaining systems should be fully regulated to ensure access to justice is preserved and rights of suspects are upheld. (SDG 16) Life imprisonment The actual time served when someone is sentenced to ‘life imprisonment’ varies from country to country. In some jurisdictions, life sentences are handed down for a determinate number of years, after which the prisoner is released with or without conditions. In others, a prisoner must serve a minimum number of years, at the end of which they will be considered for release. Life without parole sentences (LWOP) are where the prisoner has no possibility of having the sentence reviewed, so will be imprisoned until his or her death. 12 | Some countries impose mandatory sentences, and in the US, for instance, ‘three strikes’ legislation insists on automatic life sentences after a third offence. The gradual abolition of the death penalty is another cause, with life imprisonment replacing capital punishment as the ultimate penalty. It is now estimated that almost half a million people are serving life sentences around the world, according to a ground-breaking study that will be published in 2018.70 Data from the study shows that there has been a steady growth in the number of life-sentenced prisoners around the world over recent decades. Out of a total of 216 countries and territories, 183 allow for life imprisonment in law, often as the ultimate penalty for the most serious crimes. Sixty-five countries impose LWOP sentences. Where disaggregated data is available, it suggests that women comprise just under 4 per cent of life-sentenced prisoners.71 Although they constitute a minority, analysis from the US found that the rise in life sentences for women surpassed that for men. A possible reason offered – given the relatively stable and low level of women’s involvement in violent crime which life sentences are usually imposed for – was that men may be benefitting from parole release more frequently than women.72 Research published in 2017 found that for women, serving life sentences was ‘more acutely painful and problematic than [for] their more numerous male counterparts’.73 Much of this was because of their role as carers, and because of previous victimisation. Explanations for the rise in life imprisonment include ‘tough on crime’ policies and long sentences handed down as part of punitive drug policies. Data from 2015 showed that 73 countries allow life sentences for offences committed while under the age of 18,74 despite the UN Human Rights Council urging its prohibition.75 The only country to allow LWOP sentences for crimes committed by children is the US.76 Although a 2016 Supreme Court ruling required the re-sentencing or consideration of parole for people currently serving life sentences for offences they committed as children, states have been slow to do so and little progress has been made.77 Twenty-five states and Washington, D.C. now ban the sentence, up from five states just five years ago.78 In four other states it exists in law, but is never imposed in practice.79 (See Children, page 18). Conditions for life-sentenced prisoners continue to fall below minimum standards, and restrictions on access to rehabilitation programmes and contact with the outside world are common. Reports show that several countries systematically handcuff and/or strip-search life-sentenced prisoners whenever they leave their cells, regardless of actual risk.80 This is the case in Kyrgyzstan for example, although a new facility has been opened to accommodate prisoners serving sentences longer than 20 years, where prisoners will be permitted to move inside the facility without escorts or handcuffs.81 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 TRENDS IN THE USE OF IMPRISONMENT Although life imprisonment is a major contributor to the problem of prison overcrowding, it continues to be excluded from discussions on penal reform. For instance, a 2017 study in the US found that although the number of people serving life sentences in the country’s prisons is at an all-time high (representing one in seven people in prison), the ‘evaluation of the appropriateness of lifelong prison sentences is typically either omitted from policy discussions or deliberately excluded from reforms’.82 There have been efforts by courts to limit the application of life imprisonment. In Kenya, the Supreme Court encouraged the government to avoid LWOP by introducing non-mandatory life sentences with the possibility of release, instead of capital punishment.83 In another significant judgment, the Supreme Court of Namibia ruled in early 2018 that very long fixed-term sentences, which in practice would keep offenders in prison for longer than life sentences, are unconstitutional, as they violate the right to dignity.84 These judgments follow the European Court of Human Rights’ (ECtHR) ‘right to hope’ jurisprudence. In its most recent judgment on the issue in May 2017, the ECtHR ruled that whole-life sentences in Lithuania offering no genuine prospects of release violated the prohibition of inhuman or degrading treatment.85 RECOMMENDATION 06 States should reduce the use of life imprisonment, taking account of the principle of proportionality and the negative impact of such sentences. Life sentences without any possibility of parole should be abolished. Conditions for life-sentenced prisoners should adhere to the minimum standards set out in the Nelson Mandela Rules. (SDGs 8, 10 and 16) Death penalty In general, the use of the death penalty is decreasing globally and the trend towards abolition of the death penalty continues. Following a spike in executions in 2015, global figures show that the number of people executed fell by 37 per cent in 2016; Amnesty International recorded that at least 1,032 people were executed in 2016, compared to at least 1,634 in 2015.86 However, it also recorded an increase in the number of death sentences handed down globally in 2016 (which totalled 3,117), representing the highest total ever recorded.87 As of March 2018, 141 countries have abolished the death penalty completely in law or practice, the latter meaning countries that have not had any executions during the past 10 years and which are believed to have a policy or established practice of not carrying out executions. There are now 105 countries that have abolished the death penalty for all crimes and a further seven for ordinary crimes (i.e. laws only permit the death penalty for exceptional crimes such as crimes under military law or crimes committed in exceptional circumstances).88 During 2017, Mongolia abolished the death penalty for all crimes in a new criminal code, and Guatemala abolished the death penalty for ordinary crimes.89 Furthermore, The Gambia signed the Second Optional Protocol to the International Covenant on Civil and Political Rights, committing to abolish the death penalty, and announced a moratorium in early 2018.90 offences.96 New laws proposed in Indonesia would see a 10-year stay on executions.97 There are at least 33 countries that allow for the death penalty for drug offences in law, and at least nine countries retain it as a mandatory sanction (although three of these countries are abolitionist in practice). Excluding China where statistics are unreliable, at least 1,320 people are known to have been executed for drug-related offences between January 2015 and December 2017, although the number of executions has steadily declined from 718 in 2015 to 280 in 2017.91 In the US, death sentences and executions remained at a historic low, with only eight states carrying out executions in 2017.98 The Supreme Court enforced the prohibition of the execution of intellectually disabled defendants, by ruling against the state of Texas’ outdated methods of assessing intellectual disabilities – which were found to be based on ‘stereotypes, fears, or myths’.99 There were positive signs of countries moving towards abolition over the past year, including in Kenya where mandatory death sentences were declared unconstitutional by the Supreme Court in December 2017.92 In Thailand, the government announced moves to remove mandatory death sentences for certain offences.93 In early 2018, Iran abolished capital punishment for some drug trafficking offences, which affects 5,000 prisoners on death row;94 Iran accounted for nearly 90 per cent of all reported drug-related executions between January 2015 and December 2017, with at least 1,176 executions carried out in that period.95 Malaysia moved to remove mandatory death sentences for drug trafficking Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 However, a few countries that have retained the death penalty in law considered reintroducing its use, including Israel and the Philippines.100 The President of Turkey spoke in favour of reintroducing the death penalty ahead of a referendum to extend his political powers, and there are plans to resume use of the death penalty in the Maldives after a 60-year moratorium, which have attracted international condemnation.101 There was increasing concern about the imposition of the death penalty on foreign nationals in Iraq, including nationals from regions such as Central Asia and Europe. Many have been prosecuted for terrorism-related offences such as membership of or providing support to so-called Islamic State (IS), as well as for killings and other acts enshrined in counterterrorism legislation that carry the death penalty.102 | 13 TRENDS IN THE USE OF IMPRISONMENT In many jurisdictions, people on death row live in conditions that fall well below minimum standards, which in many cases amounts to inhuman or degrading treatment. Mandatory solitary confinement and total bans on ‘open’ or ‘contact’ visits are common, and are in violation of the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). One 2017 study explained that every prisoner on death row in Texas, US, spent about 23 hours a day in an 8-by-12-foot cell for the duration of their time on death row, which, on average, lasts more than a decade.103 Harsh physical conditions which ‘almost act as a separate sentence’ for death row prisoners in India are detailed in a 2016 study, which found ‘extremely cramped spaces, cells with very little light and air, unacceptable standards of hygiene, abysmal quality of food in flagrant violation of prison manuals, poor standards of medical services and almost non-existent mental health services’.104 RECOMMENDATION 07 become prominent in the debate is how to measure the impact of drug policies on human rights, public health and development, which isn’t captured in traditional metrics of drug policy.109 law that had imposed a mandatory prison sentence for narcotics use or possession, giving judges new discretion to take account of mitigating factors.115 In Thailand, where 73 per cent of prisoners are detained on drug-related offences,116 reforms have reduced the overall length of sentences for drug offences and further relaxation of the country’s drug laws are anticipated in 2018 through the proposed Narcotics Control Bill.117 Ghana will become the first African country to decriminalise the personal possession and use of illicit drugs if the progressive Narcotics Control Commission Bill currently under consideration is adopted.118 States that retain the death penalty should move towards abolition and establish a moratorium as a first step. States that have abolished the death penalty should support the abolition movement politically and financially. Conditions for prisoners on death row must meet minimum standards. (SDGs 3, 10 and 16) Drugs and imprisonment The enforcement of punitive drug laws continues to have significant implications for the use and practice of imprisonment. Harsh criminal justice responses to drugs are a major contributor to prison overcrowding, and the ‘war on drugs’ persists in some countries with disastrous consequences. The debate at the international level on how to address the world drug problem is ongoing. 2019 marks the end of the 10-year-long 2009 UN Political Declaration and Plan of Action105 on drug policy, which aimed at enhancing international cooperation and reducing the supply and demand for illicit drugs. There is growing agreement that the 2009 goals are not only unattainable, but policies adopted under them have led to significant harm. UN bodies, international leaders and an increasing number of member states have rejected such a punitive approach to drug policy.106 This broken consensus on the direction of international drug policy was reflected in the lead-up to and outcome of the UN General Assembly Special Session (UNGASS) on drugs in 2016.107 The UN Human Rights Council adopted a Resolution on drugs and human rights in March 2018, reaffirming the role of human rights in the international drug policy debate and requesting a report on the implementation of the UNGASS Outcome Document with regards to human rights.108 One issue that has 14 | The large majority of drug-related offences that people in prison are charged with or convicted of are minor. According to available UN data, 83 per cent of drug offences recorded by law enforcement and criminal justice systems are possession offences.110 To reduce the use of imprisonment for minor drug offences, all UN member states at the 2016 UNGASS committed to the ‘development, adoption and implementation…of alternative or additional measures with regard to conviction or punishment’ for minor drug offences.111 Many governments have taken steps towards a less punitive approach to drug cultivation and possession for use. New reforms have been proposed or adopted over the past year – including decriminalising cannabis or reducing sentences for minor offences – in countries such as France, Georgia, Norway and Canada, and in several US states.112 In Myanmar, where approximately 48 per cent of the prison population are held under drug-related offences,113 the National Narcotic Drug Control Policy was issued in February 2018 after years of deliberations, shifting policy towards a less punitive approach.114 Furthermore, the Tunisian Parliament amended a drug There was an expansion in the use of ‘drug courts’119 – designed to offer drug treatment programmes under judicial supervision – particularly in Latin America, which follow a model from the US where there are around 3,100 drug courts.120 However, there are significant concerns about this expansion, including from the InterAmerican Commission on Human Rights (IACHR). The Commission has criticised the lack of available data and monitoring mechanisms demonstrating effectiveness and noted that some drug courts have been used to criminalise non-problematic drug possession or use, rather than the stated intention of providing a public health alternative.121 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 TRENDS IN THE USE OF IMPRISONMENT Conversely, many countries remain dedicated to a prohibitionist and punitive approach adopted as part of the so-called ‘war on drugs’; this has serious consequences, including the spread of infectious diseases, ever-increasing prison populations, and discrimination against minorities and Indigenous populations as well as women.122 In the Philippines, President Rodrigo Duterte continued to wage a war on drugs which has led to more than an estimated 12,000 people being killed since it began in mid-2016.123 In February 2018, the International Criminal Court announced it would be investigating the ‘extra-judicial killings in the course of police anti-drug operations’.124 A month later, the President responded by announcing the country would withdraw from the International Criminal Court’s Rome Statute.125 US President Donald Trump responded to the country’s opioid crisis, which has seen more than two million people become dependent on prescription pain relief drugs,126 by signalling an intent to re-escalate the ‘war on drugs’.127 Furthermore, early 2018 saw the US Attorney General rollback a policy legalising marijuana by giving federal prosecutors discretion on enforcing a federal prohibition – causing confusion in states such as California, which legalised marijuana on 1 January 2018.128 The IACHR expressed concern that minor drug-related offences are characterised as ‘grave offences’ in a number of states, leading to automatic pre-trial detention.129 Women are disproportionately affected by harsh drug laws. In the Americas and Asia, significant increases in the female prison population are largely due to an increase in drug prosecutions. In a 2017 report, the IACHR details how pre-trial detention for drug-related offences has an excessive impact on women and their families. It notes the lack of gender awareness in drug policies, which do not take into account that women usually participate at a low level of the drug business chain and trafficking, and that their imprisonment has a significantly negative impact on their children.130 (See Women, page 16). In some countries drug users are detained in compulsory ‘drug rehabilitation centres’ without oversight, and there are reports of serious human rights violations. For instance, in Vietnam there are up to 11,317 people held in such centres in Ho Chi Minh City alone, including children. Detainees are forced to perform menial work and violations of rules or failure to meet work quotas are punished by beatings and deprivation of food and water.131 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 Drug use in prison remains prevalent. The UN reported that 20 per cent of the world’s prison population use drugs, compared to an estimated 5.3 per cent in the community. Cannabis is the most common drug used in prison, followed by heroin.132 Furthermore, the use of new psychoactive substances by prisoners has become common in English prisons, as well as in the US and in police detention centres in New Zealand.133 Harm reduction measures, a key measure to preventing harms associated with drug use – including the transmission of HIV – are rarely provided in prisons.134 (See Health, page 25). RECOMMENDATION 08 States should review their drug policies in order to adopt evidence-based policies that include decriminalisation of minor offences, proportionality of sentencing, and non-custodial alternatives to imprisonment. Treatment as an alternative to imprisonment must be voluntary and human-rights compliant. Metrics to measure the outcomes of drug policies should include their impact on human rights, health and development. (SDGs 3, 5 and 16) | 15 PRISON POPULATIONS PART THREE Prison populations Of the approximately 10.35 million people held in penal facilities globally, the majority are adult men135 who tend to be from impoverished backgrounds.136 People from national, ethnic, religious or linguistic minority groups continue to be discriminated against in many criminal justice systems. As a result, minorities are more likely to be arrested, prosecuted and imprisoned for longer terms than members of the majority population in a significant number of countries.137 For example, in Denmark, there are plans to double the penalties for crimes committed in deprived ‘ghetto’ areas, where immigrant numbers are above-average.138 In several countries, people from Indigenous communities are also disproportionately represented in criminal justice systems, with high imprisonment rates.139 Sharp rises in female prison numbers across the Americas are also a result of harsh drug laws144 that continue to impact women disproportionately, as reported on by the Inter-American Commission on Human Rights.145 Women from Indigenous communities and ethnic minorities face significant disadvantages in the criminal justice system. For instance, Aboriginal and Torres Strait Islander women comprise 34 per cent of women in prison in Australia but only 2 per cent of the adult female population.149 The UN Special Rapporteur on violence against women visited the country in 2017, which prompted a review of the policy of incarceration for unpaid fines, given the disproportionate impact it has on Aboriginal women.150 In the UK it was reported that black women are 25 per cent more likely than white women to receive a custodial sentence.151 Foreign national prisoners (FNPs) make up a quarter of prison populations in 39 countries. In the United Arab Emirates, Qatar and Switzerland, FNPs constitute over 70 per cent of the prison population.140 Women Women and girls remain a minority in prison populations, constituting around 7 per cent of the global prison population. In November 2017, new data published showed that there are now more than 714,000 women and girls in prison globally.141 It is noteworthy that the world’s female prison population has increased by 53 per cent since 2000. This represents a significant rise compared to male prison population rates, which have risen by 20 per cent in the same period. Female prison rates have risen sharply over the past couple of years in Brazil, Indonesia, the Philippines and Turkey, whereas substantial decreases were reported in Mexico, Russia, Thailand and Vietnam. Africa continued to have the smallest increase in the female prison population, whereas the Americas, Asia and Oceania saw sharp rises overall.142 The US, China, Russia and Brazil hold the highest number of women and girls in detention. Proportionally the highest female prison population is in Hong Kong (at 20.8 per cent of the total prison population), where the majority of women prisoners are foreign nationals sentenced for drug-related offences (as drug ‘mules’) or immigration violations.143 16 | Further evidence has emerged confirming that women are also frequently imprisoned for non-violent minor offences committed in the context of poverty and discrimination, and they have often been victims of violence themselves. A 2017 UN report highlighted links between poverty, family roles and drug-related offences committed by women, raising concerns at their ‘overincarceration’ for ‘transporting drugs (as mules), having a secondary role in the commission of crimes or performing low-level high-risk tasks, often at the request of their partners’.146 Poverty was also highlighted as the root cause of the high number of women in pre-trial detention in US jails which, research found, was most likely due to their inability to afford cash bail.147 In the UK, a new report provided evidence of domestic abuse and ‘coercive relationships’ being a driver to women’s offending, citing that at least 57 per cent of women in prison had been victims of domestic violence.148 Various initiatives sought to address the soaring rates of female imprisonment through non-custodial measures and sanctions in line with the 2010 UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules). In February 2018, the Brazilian Federal Supreme Court decided that pregnant women and mothers with children under the age of 12 who are accused of non-violent crimes will be placed under house arrest instead of in pre-trial detention.152 The judgment gave authorities 60 days to apply the order, which will affect at least 4,500 women who are currently detained.153 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 PRISON POPULATIONS New data published showed that there are now more than 714,000 women and girls in prison globally © Karla Nur, 2014 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 17 PRISON POPULATIONS The probation service in Kenya, together with PRI, implemented a project to ensure that community service and probation are improved for women. (See New approach to probation and community service for women, page 36).154 In Costa Rica, several reforms have been implemented to address the vulnerability of women offenders. Following a sentencing reform, approved in November 2013, to reduce the imprisonment of women who smuggle drugs into prison,155 a new reform in January 2017 provides for the possibility to wipe criminal records in cases where offences were committed in ‘situations of vulnerability’.156 Some prison reforms to implement the UN Bangkok Rules were reported during 2017, although these were exceptional. For instance, in the US, the Federal Bureau of Prisons improved access to sanitary products for women prisoners.157 In Chiang Mai, Thailand, a centre for women was set up to offer employment for women released from prison who had graduated from the prison’s massage training programme. However, reports confirmed that the UN Bangkok Rules have still not been implemented in many countries. The European Parliament noted difficulties for women prisoners in accessing activities, sports grounds, libraries, etc., due to being housed in wings of male prisons, and concluded that the Bangkok Rules are ‘seldom adhered to’ in the EU member states.158 In Uganda, women are mostly excluded from formal education opportunities offered in prison, as evidenced in the 2017 O-Level examinations where there were no female prisoner candidates.159 With many authorities failing to set up gender-sensitive rehabilitation, civil society organisations often fill the gap. For example, a social enterprise in Mexico, La Cana, facilitates craftwork for women prisoners and sells the products on their behalf with positive outcomes: 92 per cent of the women prisoners involved said that they earned more money in prison than they did before being imprisoned.160 (See Rehabilitation and reintegration, page 28). RECOMMENDATION 09 The UN Bangkok Rules should guide states in criminal justice reform to ensure systems meet the needs of women. Sentencing of women should take account of any victimisation, caretaking responsibilities and context of the criminal conduct, giving preference to non-custodial sanctions. (SDG 1, 5, 10 and 16) Children The total number of children in detention – those under 18 years of age – was estimated to be about a million in 2010. The UN Global Study on Children Deprived of Liberty has been long in the planning and seeks to document the full extent of children in detention. The study took a step forward with the appointment of an Independent Expert and, amid concerns about a lack of funding,161 research commenced in 2017. The Study will be published in 2019. Developments in the treatment of children in criminal justice systems were mixed. The minimum age of criminal responsibility was reviewed in a number of countries. Controversial proposals to lower the minimum age of criminal responsibility from 15 to nine years were dropped in the Philippines,162 and the governor of New York signed a new bill raising the age of criminal responsibility to 18 years of age for those charged with non-violent crimes. This will bring New York into line with 48 other US states that allow children to be moved from adult prisons to juvenile detention centres.163 In Sri Lanka, amendments to relevant legislation are being prepared for Parliament’s approval that will raise the minimum age of criminal responsibility from eight to 12 years 18 | old. There will also be a new clause stating that children between the ages of 12 and 14 can only be held liable for an offence if the magistrate can determine the child had the necessary maturity or knowledge to form the intent to commit a crime.164 Brazil, on the other hand, has a controversial bill under consideration to treat 16 to 18-year-olds charged with specific offences as adults. In Japan, the age of criminal responsibility is currently 20, but the Justice Minister has consulted an advisory panel about the possibility of lowering it to 18.165 Several countries took steps towards establishing a separate justice system for children, such as Cambodia where there are plans to construct a new facility for children166 following a new juvenile justice law in 2016. In Trinidad and Tobago three specialised Children’s Courts were planned,167 and in Italy, a proposal to abolish Youth Courts and Youth Public Prosecutors was dropped in the face of widespread public concern.168 New data from England and Wales showed that arrests of children have fallen by as much as 64 per cent in the last six years.169 There are diverse drivers for this, including an increased focus by police on serious offences (which tend to be committed by adults), an increase in the use of diversion, and an overall reduction in youth crime.170 The role of social media in offences by children was also reported on in the UK: social media was used in one in four cases where a child had committed a serious violent offence, and is increasingly being used by young people to incite and plan crime.171 Cases of systemic abuse of children in detention, commonly exposed by independent monitoring bodies, confirm that children in detention experience high levels of violence as a matter of routine. For example, in Australia a Royal Commission delivered its final report172 looking at 10 years of youth detention and welfare in the Northern Territories. It revealed shocking and systemic failures resulting in widespread mistreatment, primarily of Aboriginal and Torres Strait Islander children who are 25 times more likely to end up in the justice system than non-Indigenous children. The situation of children held at a detention facility in Macedonia was deemed ‘totally unacceptable’ by the European Committee for the Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 PRISON POPULATIONS Prevention of Torture in response to allegations of physical ill-treatment and the lack of response to them.173 In New Zealand, the Children’s Commission reported that teenage boys at a youth prison had told them how staff hit them ‘on the body where it won’t mark’ during fight clubs held away from CCTV cameras.174 In Brazil four children were found dead after a group of men broke into a detention facility, capturing six children;175 in addition, a bill was proposed that would permit staff at detention facilities for children to use electric shock weapons, riot control equipment and firearms in certain situations, which is incompatible with various international standards including the UN Rules for the protection of Juveniles Deprived of their Liberty (the UN Havana Rules).176 Practices of detaining children with adults and in deplorable conditions also continue. Zambia’s Human Rights Commission found that children being detained alongside adults is common practice,177 and in Kenya children were also often held alongside adults at police stations.178 Staffing shortages led to boys in the UK being held in cells nearly all day, according to the Prison Inspectorate.179 A small number of countries retained the death penalty for crimes committed by children, which is prohibited by international law.180 During 2017, its use fell for the second year running, although Iran executed at least four people who were children at the time of the alleged offence and many more remain at risk of execution.181 Authorities in the Puntland region of Somalia are reported to have executed five boys aged 14 to 17 in April 2017.182 A man in Japan was hanged for a crime committed when he was 19 years old (the age of criminal responsibility in Japan is 20).183 Other countries backtracked on plans to reintroduce capital punishment for children, including Kuwait, which in March 2017 rapidly repealed the death penalty and life imprisonment after they were introduced for offences committed while aged over 16.184 Also, in the Philippines, a proposal to introduce the death penalty for children was withdrawn.185 (See Death Penalty, page 13). RECOMMENDATION 10 Detention of children should be used as a very last resort, and the death penalty and life imprisonment should be prohibited for children. States should adopt childfriendly justice systems and protect children from violence and ill-treatment. (SDGs 3, 4, 5, 10 and 16) Elderly people Healthcare professionals normally use the age of 65 as the point at which someone is termed as elderly. In prisons, the demarcation is often younger, sometimes at 50 years, since so many prisoners have health conditions, histories of substance dependence and limited access to healthcare. In many countries, the proportion of elderly prisoners has continued to rise. Singapore saw the number of prisoners aged over 60 double between 2012 and 2016,186 and in Australia, the number of prisoners over the age of 50 has grown by a third in just five years.187 In the UK, the number of prisoners over 60 has tripled in 15 years.188 Elderly prisoners are a diverse and complex population. Challenges for prison authorities include responding to chronic illnesses and disabilities common among elderly people, such as dementia. Rehabilitation, work and release programmes are generally tailored towards younger prisoners and fail to address the specific needs of older prisoners. Elderly prisoners have higher than average rates of recidivism in Japan, for example, which has been attributed to their unique difficulties in obtaining employment on release as well as to isolation and poverty.189 One response to the growing population of elderly prisoners has been to facilitate early release on compassionate grounds, like in the US.190 In the Philippines, 127 prisoners were released on the basis of their age and illness in 2017, and in Argentina, courts can order people older than 70 years to be held under house arrest.191 Recent studies show that there is a need for clear and explicit strategies to respond to the challenges posed by this growing group of the prison population.192 In Japan, a pilot is ongoing to assess all prisoners aged over 60 for dementia, with Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 the objective of early detection and providing needed support; it is estimated that 14 per cent of the country’s over-60 prison population has dementia.193 In the UK, a unit was opened specifically for older prisoners, although it has been suggested that older prisoners can be a stabilising force and age-segregated units can break constructive relationships between younger and older prisoners.194 RECOMMENDATION 11 States should assess the needs of elderly prisoners, including for rehabilitation, reintegration and healthcare, to inform prison regimes. Early release mechanisms should be adopted for elderly prisoners. (SDGs 10 and 16) | 19 PRISON POPULATIONS Lesbian, gay, bisexual, transgender and intersex (LGBTI) people In more than 70 countries, same-sex relations are criminalised,195 and the death penalty can still be applied for same-sex relations in a number of countries in Africa and Asia. There are also laws that specifically criminalise transgender persons based on their gender identity or expression.196 Overall, there are no clear trends regarding the de-criminalisation of same-sex relations, with some countries becoming increasingly tolerant, including in Latin America, North America and Europe, and others more repressive.197 LGBTI people continue to be arrested and imprisoned because of their identity. Whilst in detention, they are also frequently discriminated against, harassed, and face serious violence and even torture. In Chechnya, there were widespread arrests of gay men, who were held in unofficial detention facilities for days, humiliated, starved, and tortured.198 In Azerbaijan, reports emerged of the torture of gay men and transgender women because of their sexual identity,199 and in Egypt, 2017 was marked by extensive arrests and ill-treatment of LGBTI people on charges of ‘debauchery’.200 A 2017 study from Costa Rica showed that transgender people in prison lack access to hormonal treatment and face verbal and physical violence.201 A report in the US found that LGBTI youth were over-represented in the criminal justice system, faced bias in court decisions regarding pre-trial detention and sentencing, and were at higher risk of being placed in solitary confinement or segregated units.202 In another finding, women who identified as lesbian or bisexual represented approximately a third of imprisoned women in the US, a proportion that is eight to 10 times higher than the 3.4 per cent in the general population.203 20 | New protection for LGBTI people in detention A new set of principles were adopted in November 2017 to supplement the original 2006 Yogyakarta Principles on international human rights law relating to sexual orientation, gender identity and expression, and sex characteristics. A key addition was Principle 9, relating to the treatment of LGBTI people in detention. Some positive policies were put in place to protect LGBTI people in detention, but they were not always effectively implemented. New rules were introduced in California, US, for hundreds of transgender prisoners regarding clothing, medical care and the prisons they are assigned to, but authorities reported challenges in implementation.204 In Thailand, the Department of Corrections announced plans to separate LGBTI prisoners in different ‘zones’ within prisons to ensure their safety and security.205 In Canada, the federal prison service adopted a new policy on transgender prisoners206 and approved the first-ever transfer of a transgender prisoner to an institution based on their gender identity, rather than physical anatomy.207 An Israeli prison agreed to allow a homosexual conjugal visit for the first time, following a court ruling that it was discriminatory not to allow this.208 Principle 9 calls upon states to ensure that placement in detention avoids further marginalisation and that LGBTI people have access to the healthcare and counselling that they need, including hormone therapy and gender reassignment. It also calls for protective measures to be in place that do not involve restriction of rights, the provision of conjugal visits regardless of the gender of the partner, and training and awareness-raising of prison staff. additional principle specifically on the right to treatment with humanity while in detention.210 (See New protection for LGBTI people in detention, above). RECOMMENDATION 12 States should take measures to protect LGBTI people in detention, in line with the Yogyakarta Principles. Protection from violence and stigmatisation should be ensured, without restricting rights, and adequate healthcare must be provided, including hormone therapy and gender reassignment. (SDGs 5, 10 and 16) The UN increasingly raised the rights of LGBTI prisoners during 2017209 and the ‘Yogyakarta Principles’ – Principles on the application of international human rights law in relation to sexual orientation and gender identity – were updated and strengthened. They now include an Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 PRISON POPULATIONS People with disabilities Aside from country-specific reports, there is little data on the number of people in prison with disabilities, although trends suggest that the growing prison population in most countries and the significant increase of older prisoners in some countries have led to an increase in the number of people with disabilities in prisons. For example, people with disabilities are over-represented in Australian prisons, where they represent 18 per cent of the country’s population but almost 50 per cent of people entering prison.211 Prisoners with physical disabilities confront numerous challenges, such as not having access to the healthcare they require to manage their disability; not receiving the support they need with daily activities such as eating, dressing and washing; and being denied hearing aids, Braille documents and interpreters, which makes it impossible to participate in rehabilitative activities.212 In a significant ruling against Latvia, the European Court of Human Rights found that the anguish a deaf and mute prisoner had suffered – from not being able to communicate that he lacked the necessary amount of personal space in his cell – constituted inhuman or degrading treatment.213 In the US there were several reports on the failings of authorities to provide for prisoners with disabilities. The technology for deaf prisoners to communicate with family and friends by telephone was exposed as being faulty and outdated,214 and a report revealed the devastating harm caused by placing prisoners with physical disabilities in solitary confinement, which is frequently imposed owing to a lack of cells designed for their needs.215 In Florida, more than 30 prisoners who are deaf, blind or in wheelchairs claimed in court they were not allowed to participate in jobs, services and programmes available to others.216 People in prison are disproportionately affected by mental illness and prisons frequently fail in providing adequate mental health provision. Ill-treatment of prisoners with mental illness is also commonly reported. In Australia, research indicated that half of all adult prisoners have been diagnosed or treated for a mental health problem and 87 per cent of young people in custody have a past or present psychological disorder.217 The report found that prisoners with mental health disorders are at risk of spending days, weeks, months and sometimes even years locked up alone in detention or safety units.218 A report by the US Justice Department’s Inspector General found that prisoners with mental illnesses in federal prison also spend, on average, more time in solitary confinement or restrictive housing than prisoners without documented mental illnesses.219 In Belgium, hundreds of people with mental disabilities continued to be detained in inadequate prison wards.220 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 There is growing awareness of this challenge, and there have been some moves towards diverting people with mental illness away from prison. A ground-breaking law was passed in South Africa that stops the automatic imprisonment of accused persons who are mentally ill or intellectually disabled.221 In early 2018, the Supreme Court in Brazil ruled that persons with disabilities should not be put into pre-trial detention.222 The Canadian Correctional Ombudsperson highlighted that women with serious mental illness need to be placed in psychiatric facilities outside of prison.223 A new report was published on international good principles for operational and design consideration of prison facilities, in order to mitigate the detrimental impact prisons have on people with mental illness.224 RECOMMENDATION 13 States should collect data on the number of people in prison with disabilities, and review their needs in order to inform policy and practice, in line with international standards. This should include training of staff and policies to protect discriminatory treatment and abuse, as well as architectural measures. (SDGs 10 and 16) | 21 PRISON MANAGEMENT PART FOUR Prison management Security and violence A dynamic security approach to prison management, which is based on positive prisoner-staff relations and prison intelligence, has become more widely respected. There is also greater appreciation for security as an important precondition to effective rehabilitation, although many prison systems struggle to reduce excessive levels of violence and deaths and to address torture. Deaths in custody due to inter-prisoner violence or abuse and neglect by prison staff continued to be commonplace in many countries. There was outrage in Guatemala after 41 adolescent girls were killed in a fire in a state-run institution in March 2017. Officials and police officers were charged with manslaughter, among other charges, after the girls, allegedly locked inside a room, died as a result of burns and smoke inhalation.225 In Argentina, the National Penitentiary Office recorded eight ‘violent deaths’ of federal prisoners in the first half of 2017.226 Correction services in Papua New Guinea called for an inquiry after 17 escapees were shot and killed by prison guards in March 2017, although the investigation has not yet started due to a lack of funding.227 In the US state of Alabama, eight people were killed in prison during 2017, representing the highest number of prison homicides in the state to date.228 Record levels of prisoner violence were also reported in a number of other prison systems such as in New Zealand, where the Chief Ombudsperson found ‘unacceptable’ rates of violence, after half of the prisoners surveyed in one visit said they had been assaulted.229 England and Wales has witnessed a steady 22 | decline in safety in prisons since 2012 and statistics from September 2017 show a record high in the number of self-harm and assault incidents. This is attributed to reductions in staffing and difficulties in retaining staff, high levels of drug use (particularly new psychoactive substances),230 overcrowding, and long-term shifts in the nature of the prison population.231 Prison riots led to deaths in several countries during 2017, including the Philippines, Indonesia, Nigeria, Congo and South Africa.232 There were also riots – fuelled by gang disputes – in Latin American countries including Guatemala, the Dominican Republic, Mexico, Venezuela and Colombia.233 In Brazil, riots continued unabated during 2017 with authorities struggling to gain control of prisons. The Rio state government released figures that showed a 26 per cent rise in killings in 2017 compared to 2015.234 Fifty-six people died in a riot in the Amazonas city of Manaus and officials reported some bodies were decapitated and burned.235 Gangs continued to control many prisons in Latin America; for example, as many as 65 per cent of Mexico’s state prisons are thought to be controlled by organised crime groups. Different measures to manage gangs in prisons were tried in the region. The El Salvadorian government extended ‘extraordinary measures’ to reduce the control of the MS13 and Barrio 18 gangs, classified as terrorist groups by the government, in the country’s prisons. Honduras closed a prison known to be a ‘criminal hub’ in October 2017, opening a new maximum-security prison in its place.236 While reliable statistics on the scale of the use of torture remain scarce – not least due to under-reporting by the many victims237 – there are indications that torture is on the rise. UN antitorture experts noted in 2017 that the absolute prohibition of torture is ‘challenged in the name of national security across the globe’.238 Reports of the use of torture reflect a common pattern: that it is commonly used by law enforcement agencies in the pre-trial stage to extract confessions. (See Pre-trial justice, page 10). For instance, the UN Committee against Torture noted that in Sri Lanka ‘in numerous documented cases of torture, the accused persons alleged that they were forced to sign blank sheets of paper or self-incriminatory statements written in a language they did not understand’.239 Furthermore, Amnesty International has reported on torture by authorities to extract ‘confessions’ in a number of countries, including Egypt, United Arab Emirates, Iraq, Kuwait, Nepal, Saudi Arabia and Turkmenistan.240 RECOMMENDATION 14 States should ensure the safety of prisoners, including through dynamic security and safeguards to uphold the absolute prohibition of torture. There should be adequate staff-prisoner ratios to guarantee the exercise of effective control of prison facilities. (SDGs 10 and 16) Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 PRISON MANAGEMENT Hunger strikes in prison Hunger strikes have long been employed by prisoners – both individuals and large groups – as a form of protest and as an attempt to make their voices heard regarding poor conditions, violence and mistreatment in detention, or injustice in trial processes. hunger strike following their transfer to a high-security section of Rajai-Shar prison, where they were reportedly held in cells with windows covered by metal sheets and denied basic needs.244 In August 2017, more than 500 prisoners went on hunger strike in Argentina protesting overcrowded conditions, lack of access to healthcare and poor hygiene, as well as the treatment of a prisoner who was wounded by rubber bullets and chained to a wall for three days.241 In South Africa, the start of 2018 saw 96 life-sentenced prisoners go on hunger strike to protest against unfair delays in the parole process, with one prisoner hospitalised.242 Responses to hunger strikes by prison authorities vary but are frequently in violation of international standards. Some force-feed prisoners or deny them medical treatment and others take punishment measures. In Cuba, prisoners on hunger strike ‘endure extended solitary confinement, beatings, restrictions on family visits, and are denied medical care’.245 Free medical care has been refused to prisoners on hunger strike in Russia,246 and in August 2017, a prisoner in Iran was refused hospitalisation by prison authorities for digestive complications following his long-term hunger strike.247 The UN Special Rapporteur on the human rights situation in Iran expressed deep concern in 2017 243 about the situation of a number of prisoners on prolonged In 2017 the Israeli Prison Service punished around 1,500 Palestinian prisoners on hunger strike with solitary confinement and denial of family visits.248 In the military prison in Guantánamo Bay, the US continued to force-feed hunger strikers, and a recent change in policy means that their declining health is no longer monitored.249 The UN Committee against Torture has stated that force-feeding of prisoners on hunger strike constitutes ill-treatment and that measures, including legislation, should be in place to ensure that it is prevented.250 Furthermore, the World Medical Association is clear that individuals ‘capable of forming an unimpaired rational judgment concerning the consequences…[of refusing food] shall not be fed artificially’.251 It further states that force-feeding is ‘never ethically acceptable’ and hunger strikers in prisons must be advised on the effects of their actions, while the decision to hunger strike must not prejudice any other aspect of medical care.252 The International Committee of the Red Cross is similarly opposed to force-feeding on grounds of human dignity.253 Prison staff On the one hand, there is growing recognition of the importance of investing in staff, and of the fact that selection, recruitment and training of staff is critical to effective prison management and safety. On the other hand, poor working conditions persist. In June 2017, the Council of Europe Conference of Directors of Prison and Probation Services called for new European standards on the ‘recruitment and selection criteria of different levels of staff working in prison and probation services, as well as regarding their education, training and professional development’,254 and a handbook will be developed during 2018–19.255 Reports continued to emerge of prison staff being attacked. For example, in Scotland, data showed that a prison staff member was attacked every two days in 2016–17.256 In recent years serious attacks against staff have been reported in a large number of prison systems, including in India, Canada and the US.257 In many cases, assaults against staff were linked to budget cuts or staff shortages. In South Africa, where the prison population of over 160,000 is reported to be looked after by 26,000 prison officials, several major violent incidents that led to serious injuries of both corrections officials and prisoners were blamed on staff shortages and overcrowding.258 Prison staff continue to strike in response to violence, staff shortages and working conditions. For instance, in early 2018, prison staff in France went on strike in response to a series of attacks, one of which involved a prisoner convicted for terrorist-related offences who attacked four staff members with scissors and a razor blade. After a series of strikes by prison staff in England and Wales and amid damning reports of the impacts of budget cuts and staff shortages, the UK Government succeeded in obtaining a permanent ban on industrial strikes from the High Court.259 Female prison officers are a minority in the sector and face distinct challenges in their work. In the US a class-action lawsuit involved more than 500 women employed at the largest male federal prison. They alleged harassment from both co-workers and prisoners, sex discrimination, and a hostile work Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 environment. The federal government agreed to a settlement of USD$20 million, along with commitments to reforms that would improve employees’ safety.260 A female prison officer in Northern Ireland received compensation from the prison service for discrimination, bullying and harassment resulting from failure to accommodate the fact that she was breastfeeding on her return to work after maternity leave.261 Positively, Rwanda has had success in increasing the proportion of female prison guards from 8 per cent in 2011 to 24 per cent in 2017, and there are calls to increase numbers further still to reach the country’s labour law quota of 30 per cent.262 RECOMMENDATION 15 States should protect prison staff from discrimination and violence, including gender-based violence. Remuneration and working conditions should reflect the challenging nature of prison work and encourage recruitment of female correctional staff. (SDGs 5, 8 and 16) | 23 PRISON MANAGEMENT A shortage of qualified healthcare staff continues to act as a barrier to health provision in prison © Karla Nur, 2014 24 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 PRISON MANAGEMENT Health People in prison frequently have complex health needs. There are high rates of premature mortality and mental health illness, as well as disease resulting from unhygienic prison conditions. The rates for HIV, tuberculosis and other infectious diseases among prisoners remain much higher than in the general community. The Joint United Nations Programme on HIV/AIDS (UNAIDS) estimates that people in prison are on average five times more likely to be living with HIV compared with adults outside prisons,263 although a higher estimate of 15 per cent is given by the World Health Organization.264 A shortage of qualified healthcare staff continues to act as a barrier to health provision in prison. For example, in Uganda, only 56 of 448 prison units across the country have provision for health clinics.265 Similarly, in Bangladesh, there are 63 jails without doctors.266 In Scotland, a government report found that prisoners were not receiving the healthcare they needed because there were not enough prison staff to transfer them to health centres – 50 per cent of clinical time was wasted due to missed appointments.267 Serious outbreaks of disease in prisons in 2017 were seen in several countries. In Yemen, PRI provided medicines to treat the cholera outbreak in a prison in the capital Sana’a; the International Committee of the Red Cross estimated that the cholera epidemic in the country reached one million suspected cases in December 2017.268 A cholera outbreak at a Kisumu prison in Kenya was also reported in July 2017,269 and in Zimbabwe, a typhoid outbreak in the capital Harare spread to two prisons in early 2017, leading to an unconfirmed number of prisoners’ deaths.270 One area where there has been increasing attention at the international level is in the prevention of HIV/AIDS in prisons. The international community has made various commitments, notably in Goal 3 of the Sustainable Development Goals which commits to end the HIV/AIDS epidemic by 2030. In May 2017, the UN Commission on Crime Prevention and Criminal Justice adopted a resolution on ensuring access to measures for the prevention of mother-to-child transmission of HIV in prisons, urging states to ensure comprehensive health services in female prisons aimed at HIV prevention and treatment.271 In 2017, UNAIDS published a roadmap to accelerate HIV prevention in 24 focus countries, identifying restrictions on health services in prisons as one reason for insufficient progress towards Goal 3. Significant funding to boost efforts towards the target has been dedicated by both governments and foundations,272 although US President Donald Trump proposed budget cuts to HIV/AIDS programmes in 2018 totalling USD$800 million.273 Despite such commitments and the identification by UNAIDS of prisoners as a key population left behind in responses to the HIV/AIDS epidemic, treatment provision and prevention measures in prisons are non-existent in some countries, and remain wholly inadequate in many others. For example, in Uganda only 33 of 448 prison facilities are accredited to provide anti-retroviral treatment (ART), and pre-trial detainees in Zimbabwe have claimed that the acute shortage of ART in prisons is life-threatening.274 The implementation of harm reduction measures – evidencebased interventions to prevent Smoking bans in prison A large majority of people in prison smoke tobacco, with prevalence rates ranging from 64 to 90 per cent.278 Statistics indicate that more female prisoners smoke, compared with their male counterparts.279 In nearly all countries, smoking is a normal part of prison culture for a variety of reasons, including boredom and the stresses of being detained. Aside from the direct impact on health of smoking tobacco, prisoners and staff face an ‘elevated probability’ of being exposed to second-hand smoke, due to the large number of smokers in small spaces that often have poor ventilation.280 Some prison systems have imposed partial or full smoking bans in prisons, although smoking bans are mostly found in Europe, North America and Australasia.281 Of 32 European countries where data was collected, 25 have smoke-free cells in some or all prisons.282 Smoking bans have been the subject of legal battles, Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 the transmission of HIV – remains politicised in states that adopt a prohibitionist stance towards drug use. In 2016, only eight countries implemented Needle and Syringe Programmes in at least one prison, and they were entirely unavailable to prisoners in seven out of the nine regions reviewed by Harm Reduction International.275 However, some positive moves have been seen recently to reduce high rates of drug overdose in the immediate post-release period, including provision of naloxone kits (naloxone is used to treat narcotic overdoses) upon release in Canada,276 and overdose prevention training in Moldova and Ireland.277 RECOMMENDATION 16 Drug prevention and treatment and HIV prevention, treatment and care should be available to people in prison at the same level as that provided in the community. Efforts to recruit sufficient healthcare staff in prisons should be doubled. (SDGs 3 and 10) including in Missouri, US where an asthmatic prisoner succeeded in a decade-long battle when a legal settlement was reached in 2017 requiring the state’s prisons to go smoke-free.283 Prison systems often fail to provide cessation programmes alongside smoking bans, leading to withdrawal and increased levels of anxiety, boredom and violence. Prisoners rioted in Victoria, Australia when a ban was introduced in 2015, and last year a smoking ban across England and Wales led to a rise in the use of psychoactive substances and a rise in violence.284 Smoking bans have also led to cigarettes and nicotine patches becoming sought-after contraband or tradable commodities.285 The World Health Organization warns that while smoking bans in prisons have shown improvements in air quality, there is limited available evidence of their impact on stopping people from smoking. Therefore it recommends a comprehensive strategy to change behaviour.286 | 25 PRISON MANAGEMENT Solitary confinement Solitary confinement – often also labelled ‘segregation’, ‘isolation’, ‘lockdown’ or ‘supermax’ – is defined by the Nelson Mandela Rules as the ‘confinement of prisoners for 22 hours or more a day without meaningful human contact’. With some notable exceptions, it continues to be used across the globe – including for vulnerable groups such as prisoners with disabilities and children – in contravention of international standards.287 This is despite increasing recognition of its detrimental psychological and physiological effects,288 and of the economic costs – one study found that solitary confinement cells cost three times as much to run as ordinary prison cells.289 New Zealand, for instance, saw a 151 per cent rise290 in the use of solitary confinement over the five-year period up until 2016, compared to a 16 per cent rise in the prison population.291 Around 8 per cent of cases had been isolated for longer than the 15-day limit imposed by the Nelson Mandela Rules, and a disproportionate number (62 per cent) of prisoners placed in solitary confinement were of Indigenous Maori ˉ or Pacific Island descent.292 Prisoners with mental or physical health issues continue to be placed in solitary confinement. In the US, a report detailed how blind and deaf prisoners in solitary confinement experience a heightened form of sensory deprivation as a result of Canadian court rules prolonged and indefinite solitary confinement unconstitutional The British Columbia Supreme Court of Canada ruled in January 2018 that ‘administrative segregation’ used by Canadian federal prisons constituted solitary confinement, as defined by Rule 44 of the Nelson Mandela Rules.311 Significantly, the Court found that prolonged segregation – defined by the Nelson Mandela Rules as more 26 | their disability, and prisoners with mobility disabilities are denied access to necessary physical therapy and prescription medications.293 In Japan, where the overall use of solitary confinement is falling, the number of individuals in solitary confinement for longer than 10 years increased by over 50 per cent between the years 2012 and 2016, and almost half of these individuals were mentally disabled.294 In Bahrain, concern has been expressed about a human rights defender and opposition leader who has reportedly been kept in solitary confinement for nine months, despite having medical conditions that required hospitalisation.295 The UN Committee against Torture also observed in Afghanistan that solitary confinement is applied to persons with infectious diseases and mental illness.296 However, in a positive contrast, an alleged hacker successfully appealed against extradition to the US from the UK, partly on the basis that he would likely be kept in solitary confinement, where his physical and mental conditions would be exacerbated.297 A disproportionate number of suicides continued to occur in solitary confinement.297 For example, a quarter of prison suicides occurred in segregation cells in the US state of Texas, which hold only 2.7 per cent of the prison population.299 In South Africa, an investigation by the Judicial Inspectorate for correctional services was triggered after two prisoners than 15 days – was unconstitutional, noting that this was ‘a generous standard given the overwhelming evidence that even within that space of time an individual can suffer severe psychological harm’.312 In August 2017 there were roughly 300 prisoners segregated in federal prisons.313 The decision was hailed by the British Columbia Civil Liberties Association as ‘the most significant trial court decision in the prison context that we’ve seen in Canadian history’.314 In February 2018, the federal government announced they would appeal the decision.315 committed suicide while in solitary confinement within three months of one another.300 A number of countries segregated individuals suspected or convicted of terrorism-related offences. This included the Netherlands, where such individuals were held in prolonged solitary confinement in ‘special terrorism prisons’, a practice that was rebuked in a 2017 report by Amnesty International and the Open Society Justice Initiative.301 (See also Violent extremism, page 28). Prolonged solitary confinement also continued to be used in several countries such as Lebanon302 and South Korea.303 In both countries, prisoners can be segregated for up to 30 consecutive days as a disciplinary measure, a practice criticised by the UN Committee against Torture, which recalled the Nelson Mandela Rules prohibition on prolonged solitary confinement.304 The use of solitary confinement for children continued, despite a prohibition in international standards.305 In Australia, authorities defended the placement of two teenagers in solitary confinement for over 250 days each,306 and the case of a child held in solitary confinement for over 100 days in the UK was found, in court, not to constitute inhuman or degrading treatment.307 Armenia’s retention of the practice as a disciplinary measure for juveniles was criticised by the UN Committee against Torture.308 In the US however, there were significant moves towards the elimination of solitary confinement for juveniles, following a ban on its use in federal prisons.309 Some countries saw limits being imposed on or a reduction in the use of solitary confinement. There was a substantial overall drop in the use of ‘administrative segregation’ in Canadian prisons: in August 2017 approximately 300 prisoners were segregated, a decrease from 800 in 2014.310 This coincided with a significant judgment from the Supreme Court of British Columbia declaring the use of both prolonged and indefinite solitary confinement unconstitutional, Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 GLOBAL PRISON TRENDS SPECIAL FOCUS 2018 THE REHABILITATION AND REINTEGRATION OF OFFENDERS IN THE ERA OF SUSTAINABLE DEVELOPMENT Pull-out section SPECIAL FOCUS The rehabilitation and reintegration of offenders in the era of sustainable development Fair and effective criminal justice systems can play a vital role in ensuring sustainable and inclusive development for all. This section builds on the Special Focus of Global Prison Trends 2017, ‘The Sustainable Development Goals and Criminal Justice’. It explores how the rehabilitation and reintegration of offenders back into their communities can incorporate a broader developmental perspective, contributing to the goals set out in the 2030 Agenda for Sustainable Development. Reviewing criminal justice policy through the development lens1 With the adoption of the 2030 Agenda for Sustainable Development by the United Nations General Assembly in 2015, UN member states renewed their commitment to making the world a better place for generations to come. Through Goal 16, which promotes peace, justice and the rule of law, the Sustainable Development Goals (SDGs) recognise that development efforts are closely linked with the justice sector. The rehabilitation and reintegration of offenders, a primary aim of criminal justice systems, has traditionally focused on changing the behaviour of the individual and improving their situation, for example through providing housing or helping them to find employment. 2 | A development-led approach can bring a wider perspective to this work by looking not only at the impact of rehabilitation on the individual offender but also the impact on their community and on wider society. By applying a development ‘lens’ to the rehabilitation and reintegration of offenders, including through targeted interventions for specific vulnerable groups, the scope of criminal justice interventions is broadened beyond their traditional boundaries. Development and justice organisations have tended to operate in isolation from each other. For states to fulfil their commitment to ‘leave no one behind’, there needs to be improved integration and cooperation, so that criminal justice actors can work together with other sectors, including the private sector and civil society, as well as with authorities working in areas such as health, housing and education. In many parts of the world, programmes and measures are already in place that follow the basic principles of this kind of integrated approach. This Special Focus outlines four promising practices, and it is hoped that these will inspire those working in criminal justice systems to support the achievement of the SDGs, and to take advantage of an integrated multi-agency approach to improve their work in the effective rehabilitation and reintegration of offenders. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 THE REHABILITATION AND REINTEGRATION OF OFFENDERS IN THE ERA OF SUSTAINABLE DEVELOPMENT Promising practices guided by development-led perspectives The following four initiatives illustrate how targeted criminal justice interventions can contribute to sustainable development. The initiatives have some common elements, notably a willingness to take into consideration the needs of vulnerable groups and to address discrimination and social exclusion. Integrated support for the reintegration of women offenders in Thailand In recent years, the Thai prison system has explored how development-led approaches can be used in the rehabilitation and reintegration of prisoners. These approaches have largely sought to overcome unemployment, which is a key barrier to reintegration for women when leaving prison, given their high levels of poverty and the stigmatisation and discrimination they face. A more recent initiative from 2017 is a training course for women prisoners on how to work within small and medium-size enterprises (SMEs).3 The course equips them with skills to start their own business, leading to sustainable employment opportunities. The Thailand Institute of Justice (TIJ) is working in collaboration with the SME Promotion and Development Trade Association on this initiative. Initiatives have included the establishment of the ‘Lila Thai Massage Ex-Inmate Employment and Skill Development Centre’, set up in Chiang Mai in 2014, which offers employment upon release for graduates from the Chiang Mai women prison’s massage training programme. The women earn the equivalent of USD$950 per month, which is more than twice the average monthly income in Thailand (about USD$450).2 The Centre, in response to the increasing demand, has now expanded its service to cover six locations in the city of Chiang Mai. In 2018, the ‘Model Prison Plus (+)’ project4 was developed in Thailand to promote comprehensive rehabilitation programmes. The aim of the project is to build the knowledge and skills of prisoners through intensive courses on financial planning and debt literacy programmes, and to provide comprehensive psychological support to help them return to society and to the job market. The SME training course mentioned above has been integrated into this project; for example, new opportunities Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 are identified by prisoners and staff, with the help from the SME instructors and the SME Promotion and Development Trade Association. The aim of these rehabilitative programmes is to reduce rates of reoffending and combat the discrimination that women prisoners often experience on release. At the same time, they address underlying issues and barriers to development, notably gender inequality and poverty, whilst promoting sustained and inclusive economic growth and decent work. |3 SPECIAL FOCUS Improving reintegration services for youth offenders in Jamaica to tackle developmental impacts of youth violence The issues around Caribbean youth and their involvement in crime and violence are complex, and include high levels of youth unemployment, poor educational opportunities, ‘feelings of voicelessness’, and exclusion from national and regional governance processes.5 In many cases, youth violence is a response to the threat and fear of victimisation and has its roots in endemic community violence. The UN Development Programme has concluded that ‘youth violence is more than a security concern. It is a major human development problem’.6 The project ‘A New Path’ in Jamaica has sought to address this complex mix of societal, community, inter-personal and individual factors leading to widespread youth violence, by improving the availability and quality of reintegration services, technical training and psychosocial support services for convicted youth. 4 | This development-led approach involves a range of bodies, including the Organization of American States, the Ministry of National Security, the Department of Correctional Services of Jamaica, civil society, and the private sector. Youth in detention facilities are trained on marketable technical skills and life skills, and given individualised psychosocial support to enable their successful reintegration into society. The project assists them upon release in accessing educational, vocational and internship or employment opportunities, while providing comprehensive case management for six to 12 months after release. Approximately 950 young people have received assistance through the project, and 385 girls and boys have successfully completed educational, recreational and vocational courses that ranged from classical music and life skills to crafts and yoga. Post-release support has been provided by 17 social workers across the country to 580 boys and girls released from two institutions. Under the scheme, 42 young people have been offered apprenticeships or jobs through partnerships with the private sector. An additional 51 benefitted from extensive training in entrepreneurship during a one-week residence programme, with 21 awarded micro-grants to start their own business. In 2018, the activities of the project will be expanded from two facilities to all four institutions for youth offenders in the country. The objective of the project is to address the developmental impacts of youth violence by responding to the protection needs of these marginalised young people. The project mitigates the damage caused by contact with the criminal justice system by providing decent work and targeted support with reintegration. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 THE REHABILITATION AND REINTEGRATION OF OFFENDERS IN THE ERA OF SUSTAINABLE DEVELOPMENT Reform to erase criminal records of offenders with vulnerabilities in Costa Rica7 Criminal records often constitute a significant barrier for offenders to gaining employment and living law-abiding lives after release from prison. The primary purpose of criminal records is to provide criminal justice practitioners, such as law enforcement officers, prosecutors, probation officers and judges, with information on the past criminal activity of an individual – information that may affect decisions on bail and sentence. However, criminal records are widely used for other purposes, in particular in the employment sector, as well as in the provision of public housing and for the right to vote and the right to receive welfare. Employers may request to review a criminal record during the recruitment process, which can result in exclusion from obtaining employment in the formal economy. This can have particularly serious consequences for women, their families and dependents, as women already suffer from labour market exclusion and social discrimination. A legislative reform in Costa Rica since January 2017 has sought to overcome these difficulties by incorporating a development-led approach. Policymakers have reconsidered how decisions taken within the criminal justice system can also have an impact on the possibility of productive and decent work for all. It seeks to address systemic issues leading to unemployment and labour discrimination in private and public sectors. The new law permits courts to erase a criminal record. The law outlines criteria for the court to take into account, which include the length of the sentence, the offence committed and, when relevant, the ‘situation of vulnerability’ of the offender. While the reform does not specifically target women, they are likely to benefit as the majority of non-violent female offenders are imprisoned for property crimes or small-scale drug-related offences, often committed in a context of vulnerability and poverty. In the past, such women struggled to Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 gain employment because of their criminal record, despite having relevant work experience and skills; this in turn perpetuates cycles of poverty and recidivism. The law is applicable for people imprisoned for minor offences (carrying a penalty of five years of imprisonment or less) who have served their sentence. The offender must have been in a situation of vulnerability (such as poverty, social exclusion and discrimination) at the time that the offence was committed. The record may be erased immediately or between three to five years after their release, which is significantly less than the previous 10-year requirement. It remains to be seen what situation would constitute ‘vulnerability’ under the reform, and currently this is at the full discretion of the judge in each case. Thus, while the initiative is an illustration of good emerging practice, its successful implementation remains to be seen. |5 SPECIAL FOCUS Economic empowerment of offenders serving community service sentences in Kenya8 Together with the Kenya Probation and Aftercare Service, Penal Reform International implemented an innovative project to disrupt the poverty-prison cycle through improving and increasing the use of community service – a humane and effective alternative to custodial sentences. The initiative adopted a development-led approach by tackling poverty, inequality and gender disempowerment. It sought to reduce the unnecessary use of imprisonment in recognition of its negative and long-lasting effects for both the imprisoned individual and their family. Imprisonment leads to hidden impacts for family and communities, including being unable to buy food or afford school fees, as well as stigmatisation. For women in prison, there are greater chances of them losing their home, livelihood, partner and access to their children. Therefore, efforts were focused on increasing the use of community service orders which allow for prison to be avoided, and ensuring that offenders are economically empowered to lift them and their families out of poverty. Poverty is frequently cited as the reason for minor offending in the country and 6 | this was therefore a key challenge to overcome in the rehabilitation of offenders. One outcome of this project, which was implemented between 2014–2016 in Kenya, was economic empowerment opportunities for former offenders who completed their community service sanction. Entrepreneurial training was provided alongside a small investment to allow individuals to open a basic business, so that they could support themselves and their families, thereby reducing reoffending. Probation officers worked closely with individuals to identify what kind of investment would help to prevent their previous poverty-related offending. The most popular option was to receive initial resources for the selling of cereals and groceries, and other businesses included poultry farming and carpentry. him being fully accepted by his community because he was financially stable and more able to take care of his dependents. In order to address the stigma faced by offenders, this project also improved the public awareness and understanding of community service. For example, court open days were held for the public to visit and find out about the work of the criminal justice system, while engagement with the media increased positive coverage of community-based sentences in the press. This initiative demonstrates the potential of alternatives to imprisonment, such as community service, to support the achievement of the Sustainable Development Goals – including the reduction of poverty and gender inequality – in a way that supports both desistance and sustainable community development. The transformational impact of this development-led approach is illustrated in the case of one offender, who benefitted from an empowerment grant which saw him receive a toolbox kit that helped him secure employment as a mason. Probation staff witnessed Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 THE REHABILITATION AND REINTEGRATION OF OFFENDERS IN THE ERA OF SUSTAINABLE DEVELOPMENT Conclusion Many offenders are locked in a vicious cycle of poverty and crime. To break this, criminal justice actors and those working on development issues need to work more closely together to address the vulnerabilities and disadvantages of the most atrisk groups. Reviewing the policy objectives of crime prevention and the treatment of offenders through a sustainable development lens can open up a space for stronger alignment of objectives and programming between development and criminal policy, and could change the way many crime and violence prevention strategies are oriented and implemented in practice. The large majority of people in prison come from low-income urban neighbourhoods and poor rural communities, and they are not empowered to achieve their true potential. A development-led approach seeks to put people at the centre and promote human security and development. Depending on the needs of the individuals and local communities, the development-led approach can involve initiatives that foster skills training to improve employment opportunities, promote gender equality, allow children to grow up in safe environments in stable and nurturing relationships, reduce violence against women and children, and shift damaging cultural and social norms. There is no one-size-fits-all or quick-win solution, but successful initiatives in one country and in one context can spark consideration of whether some of the underlying ideas can be adapted elsewhere. Much can be achieved by rethinking the challenges and by investing our efforts in tackling difficult issues now, thus working for a sustainable future. RECOMMENDATION 17 States should develop criminal justice and prison policies with full consideration of their relevance and importance for achieving the Sustainable Development Goals of the 2030 Agenda, so that ‘no one is left behind’ and criminal justice systems play their part to contribute to a just, equitable, tolerant, open and socially inclusive world, in which the needs of the most vulnerable are met. Endnotes All website links cited were accurate at the time of going to press in April 2018. 1 This Special Focus is based partly on discussions at the regional colloquium, ‘Empowering Vulnerable Communities and Women for Sustainable Development’, organised by the Thailand Institute of Justice in partnership with the UN Office on Drugs and Crime, 25–26 January 2018, www.tijthailand.org/main/en/ content/569.html. 2 ‘Thailand average monthly wages’, Trading Economics, 2017, tradingeconomics.com/ thailand/wages. 3 Thailand Institute of Justice, Summary report: The Bangkok Rules 7th Anniversary Conference: “Beyond the Prison Walls: Multi-stakeholder Perspectives on Prisoner Rehabilitation and Reintegration”, (only available in Thai), held in Bangkok, Thailand, 21 December 2017, www.tijthailand.org/ useruploads/files/2018/MAR/IBR_7anni_ Summary_Report.pdf. 4 Ibid. 5 UNDP, Caribbean Human Development Report 2012, Human Development and the Shift to Better Citizen Security, 2012, p45. 6 Ibid. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 7 Ernesto Cortés and Zhuyem Molina, Criminal Record Reform in Costa Rica: A Step toward Proportionality and Improved Prospects For Women’s Lives after Prison, Costa Rican Association for Research and Intervention in Drugs (Asociación Costarricense para el Estudio e Intervención en Drogas, ACEID) and Washington Office on Latin America, 29 June 2017, www.wola.org/analysis/ criminal-record-reform-costa-rica-steptoward-proportionality-improved-prospectswomens-lives-prison/. 8 Penal Reform International, Excellence in Training on Rehabilitation in Africa (ExTRA) Project, Community service as an alternative to imprisonment: Pilot project final evaluation, 2016. |7 GLOBAL PRISON TRENDS SPECIAL FOCUS 2018 The rehabilitation and reintegration of offenders in the era of sustainable development Pull-out section Penal Reform International www.penalreform.org Twitter: @PenalReformInt Thailand Institute of Justice www.tijthailand.org Email: email@example.com PRISON MANAGEMENT citing the Nelson Mandela Rules316 and the effects of the practice. (See Canadian court rules prolonged and indefinite solitary confinement unconstitutional, page 26). In Ireland, new data has shown that the number of prisoners in 22 and 23-hour ‘restricted regimes’ fell to nine in October 2017, from 211 in July 2013.317 Factors in this shift included an amendment to the Irish Prison Rules, entitling all prisoners to two hours out-of-cell time, with opportunity for meaningful human contact,318 as well as the introduction of a policy on the elimination of solitary confinement by the Irish Prison Service.319 Finally, in the US, Texas prisons ended the use of solitary confinement as a disciplinary measure, citing its lack of rehabilitative impact,320 although the practice is retained as a measure to remove prisoners deemed problematic or potentially dangerous and nearly 4,000 prisoners remain in solitary confinement.321 RECOMMENDATION 18 prison in the Netherlands has built a wing which includes a family room where fathers and children can play or do homework together unsupervised. They will also have the possibility to use Skype to talk to their children at home.328 growing trend for video visits to replace face-to-face contact visits with family and friends entirely.334 In line with the Nelson Mandela Rules and the Bangkok Rules, states should prohibit both indefinite and prolonged solitary confinement, as well as for certain groups, as stipulated in international standards. It should only be used as a last resort in exceptional cases, and then should only be applied for the shortest time possible and be subject to regular, independent review. (SDG 16) Contact with the outside world The availability and forms of contact with the outside world by prisoners varies greatly from country to country. Evidence has shown that prison visits and contact with family and friends helps reduce recidivism. For example, a 2017 review by the UK’s Ministry of Justice found that prisoners who receive visits from families or partners have a 39 per cent lower reoffending rate than those who have no visits.322 Some innovative schemes for enhancing family visits have been adopted recently. In Singapore, prisoners were encouraged to develop a closer relationship with their families during a four-hour-long ‘Family Day’, where they mixed freely instead of being separated by glass.323 Similarly, in Zimbabwe, ‘Family Weeks’ have been introduced to promote closer relationships between prisoners and families.324 An NGO in Italy organised football matches inside prisons for prisoners and their children, to promote more normal and enjoyable visits.325 For the first time, open visits will be possible for women with children and pregnant women in Cambodia, following a new Ministerial regulation.326 A privately-run prison in Wales expanded a successful scheme in which prisoners meet regularly with their child’s teacher to discuss their school work. This allows parents to be informed of their child’s progress at school and can also reduce the risk of reoffending.327 Based on this same model of focusing directly on parents’ relationships with their children, a The allocation of prisoners far from their communities remains an issue. The European Court of Human Rights delivered a verdict that imprisoning prisoners thousands of miles away from their relatives in Russia violated their right to family life.329 The Court held that the distance between the penal facilities and the homes of the prisoners’ families – ranging from 2,000 to 8,000 kilometres – was so great that it had inflicted hardship. Technology is increasingly used to facilitate contact with family and friends. A pilot in Bangladesh will allow prisoners to make calls to two phone numbers twice a month,330 and France has announced that landline phones will be installed in prison cells, in recognition that contact with family and particularly children is an important component of rehabilitation.331 In the UK, a voicemail system for prisoners to regularly exchange messages with family and friends was evaluated – prisoners and families alike said that it had a positive effect on health and wellbeing, relationships and social ties, and the solving of practical problems.332 Video visitation continued to be rolled out in the US. At least 600 facilities have it in place, although there are concerns about the quality of the sound and picture,333 as well as the Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 The costly expense of making phone calls was another area of concern in the US. Following outrage from prisoners and their advocates, a price cap was introduced in 2015 by a Federal Commission; however, in 2017 a court ruled that price limits for in-state calls (not out-of-state calls) could not be imposed by the Commission.335 In Germany, by contrast, the Constitutional Court ruled against the overpricing of phone calls made by prisoners, saying that disregarding the economic interests of prisoners violates their constitutional right to rehabilitation and that private providers must offer phone services at fair market prices.336 RECOMMENDATION 19 States should facilitate contact between prisoners and their family and friends through regular, affordable and easy access to mail, telephones and other communications, as well as through visits in a clean, respectful and safe environment. | 27 PRISON MANAGEMENT Rehabilitation and reintegration In recent years, fulfilling the rehabilitative purpose of prisons has become a higher priority. This is demonstrated in political commitments, such as the Doha Declaration adopted at the UN Crime Congress in 2015,337 and a number of creative measures adopted to assist in prisoners’ rehabilitation. A study that analysed data on nearly six million prisoners in the US found that by raising the minimum wage, recidivism rates decreased.341 Another report showed that criminal records from offences committed more than 10 years ago – many irrelevant to the job applied for – were preventing former offenders from getting jobs.342 For instance, in the Indian state of Haryana, 600 cows will be provided to six jails where prisoners will be responsible for their upkeep. The programme seeks to use the cows (holy in the Hindu religion) to assist in improving both the psychological and physical health of prisoners involved.338 Psychotherapy (using theatrical drama) has been introduced across China’s prisons to boost rehabilitation efforts.339 There is also a growing trend in prison university partnerships,340 which provide important education opportunities for people in prison and support better reintegration. There remains an issue with providing the right vocational and skills training that will help prisoners gain employment. For instance, in Canada, the Correctional Investigator criticised the type of skills training available to prisoners as it did not match labour market demands, preventing meaningful employment on release.343 It was also pointed out by the European Committee on the Prevention of Torture that all too often ‘female prisoners are offered activities deemed “appropriate” for them (such as sewing or handicrafts), and are excluded from far more vocational training reserved for men’.344 Research demonstrates that unemployment and low pay are key barriers to reintegration for people released from prison, and challenges include criminal records and a lack of marketable skills. It outlines the benefits of such programmes, citing research findings that link education and vocational opportunities in prison with a reduction in recidivism and an increase in employment post-release. The manual includes a set of checklists for prison administrations to use in developing, implementing and monitoring rehabilitation programmes. RECOMMENDATION 20 States should develop and implement individualised rehabilitation and reintegration programmes that address root causes of offending and key barriers. Any skills and vocational training should take account of the employment market to boost chances of employment post-release. Programmes for women should not reinforce gender stereotypes. (SDGs 1, 4, 5, 8, 10 and 16) (See Special Focus section) The UN Office on Drugs and Crime has developed a new manual to assist prisons in developing effective rehabilitation programmes.345 Violent extremism in prison 28 | At national, regional and international levels, there is a continued interest in the management of violent extremist prisoners, as well as policies to prevent the radicalisation of prisoners and interventions to disengage violent extremist prisoners and ensure their social reintegration. Prisons are seen as places where prisoners are at risk of radicalisation, but they are also recognised as environments where there are significant opportunities for disengagement. including the underlying social and psychological dynamics behind prisoner radicalisation, the dynamics of disengagement from violence by violent extremist prisoner groups or gangs, and children who are violent extremist offenders. It also found that there is a lack of evaluation of prison and probation programmes aimed at extremist offenders and scarce understanding of challenges that such prisoners face upon release from prison. A 2017 review of current research concluded that there are still glaring gaps in the understanding of violent extremism in prisons.346 The study identified specific aspects that need further analysis, To address the relatively new challenges faced in this area, prison systems have exchanged information about interventions, and guidance continues to be developed. The Handbook on the Management of Violent Extremist Prisoners and the Prevention of Radicalization to Violence in Prisons 347 from the UN Office on Drugs and Crime (UNODC) identifies three crucial areas: prison staff training, risk management and rehabilitation efforts, and concludes that full implementation of the Nelson Mandela Rules is the strongest approach. This was also echoed by the Organization for Security and Co-operation in Europe (OSCE), which states that one of the ‘principal – and near-universal – lessons is that prison overcrowding makes the situation worse, because it provides terrorists and radicalisers with opportunities to spread their messages. Long before thinking Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 PRISON MANAGEMENT There remains an issue with providing the right vocational and skills training that will help prisoners gain employment © Karla Nur, 2014 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 29 PRISON MANAGEMENT about more ambitious schemes, safe and orderly prisons should be every government’s first priority’.348 Other guidance that is underway includes a guide for detention monitors outlining how to address issues related to responses to violent extremism and radicalisation in monitoring work. This will be published in 2018 by the OSCE and PRI.349 One of the main challenges in this area is how prison staff can accurately identify violent extremist prisoners or those at risk of being radicalised by others. The European Organisation of Prison and Correctional Services has compiled a list of existing training materials for front-line staff and is finalising a screening tool that seeks to assist prison staff of different levels to detect so-called ‘vulnerable’ and ‘radicalised’ prisoners as part of a regional project.350 There are a number of specific risk assessment tools that are in use in some countries for violent extremist offenders and those suspected of being radicalised or of influencing others.351 It is generally accepted that each individual has to be assessed according to their particular What happens to prisoners during natural disasters? Prisoners are entirely dependent on authorities to ensure their health and safety during natural disasters such as tropical storms, earthquakes, floods and landslides. By virtue of their detention they are unable to evacuate to safer areas or access basic supplies, and without adequate preparedness and planning they can be at considerable risk. Their inherent vulnerability can be heightened when prisons are badly constructed, have poor sanitation, are overcrowded, and have high proportions of ill, elderly, disabled and illiterate prisoners. Fatalities and injuries have occurred as a result of negligence/inaction and abuse during emergencies. For example, during and after Hurricane Katrina in 2015, thousands of men, women and children were abandoned at the main prison in the US city of New Orleans. Power was lost, and prison staff left whilst prisoners were stuck in locked cells with rising water levels.360 In the aftermath of the 2015 earthquake in 30 | circumstances, and there is no ‘one-size-fits-all’ solution for decisions around classification, segregation or dispersal, and rehabilitation requirements. Furthermore, the UNODC Handbook stresses the importance of being gender sensitive when undertaking risk assessments, given the complexity of women’s involvement in violent extremism. Difficult decisions have to be made as to whether prisoners categorised as ‘violent extremist’ or ‘radicalised’ and those deemed ‘at risk’ of being radicalised should be integrated into the mainstream prison population or segregated. Some countries moved towards increased segregation, despite criticisms that this can over-estimate the risks and under-estimate the moderating effects of exposure to other prisoners for extremist prisoners. The Netherlands faced serious criticism for its policy of concentrating extremist prisoners in units where they were found to face inhuman conditions and were held in de facto solitary confinement.352 France announced that 1,500 places in separate prison wings will be set up for what the government termed ‘radicalised’ prisoners.353 In the UK, Nepal, 16 prisoners were killed and more than 90 injured when a prison collapsed.361 In Haiti, during the chaos following the earthquake in 2010, eight police officers were found guilty of murdering at least 20 prisoners they said were attempting to escape.362 Some countries have made progress in adopting disaster risk reduction363 policies in prisons. These have included a focus on preventing hazards, reducing vulnerability, and building upon the capacity and resilience of prisoners themselves to respond to disasters. For instance, a prison in Taiwan is self-sufficient on renewable energy,364 and in South Africa, prisons have access to aquifers during droughts.365 In the Philippines, new jails have been built on embankments to prevent flooding, and in a women’s prison in a flood-prone area, prisoners have been prepared through emergency drills to respond rapidly in the event of an evacuation.366 In New Zealand, beds are reserved in one prison in case they are needed after a natural disaster, although recently the Department of Corrections was forced to use these due to increasing prisoner numbers.367 following a Ministry of Justice review in 2016 which found that extremism is a growing problem in prison,354 there were plans to establish three specialist ‘separation centres’ to hold prisoners charged or convicted of terrorist-related offences, and a taskforce of counter-terrorism experts was formed to advise and train prison staff.355 In Australia, plans were announced to upgrade an existing prison to create a ‘Supermax II’ facility for ‘radicalised’ prisoners.356 Programmes on de-radicalisation, disengagement and rehabilitation were developed in many countries, and the UNODC emphasised that these should not have a negative impact on the delivery of rehabilitation programmes to the ‘regular’ prison population.357 A multi-disciplinary approach to rehabilitation has proved effective in many contexts. Theologians and psychologists were deployed in Kyrgyzstan to work with radicalised prisoners,358 and in Italy, an agreement was made with the Union of Italian Islamic Communities whereby Imams make regular visits to prisons and train prison staff on how to accommodate the needs of Muslim prisoners.359 The UN Mission in Somalia supported Prison authorities commonly respond to natural disasters in an ad-hoc manner however, and further attention should be paid to building the capacity of prisoners to act when disasters strike and to preventing risks. For example, hazards should be taken into account when building prison facilities and the allocation of keys should ensure prisoners can be evacuated in a natural disaster.368 Prisons should also be systematically integrated into disaster risk reduction policies at local and national levels. There are some initiatives to involve prisoners in assistance during natural disasters, or in their aftermath. For years, California’s prison system in the US has operated ‘conservation camps’, in which prisoners volunteer to undertake manual labour like clearing brush to prevent forest fires or fighting the fires themselves both inside of the prison and in communities.369 This initiative allows prisoners to learn new skills and spend time outside prison, and saves the state considerable spend.370 Following an earthquake in New Zealand in 2010, prisoners were involved in repairing, restoring and rebuilding houses, thereby learning employable skills and contributing to reconstruction efforts.371 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 PRISON MANAGEMENT prison authorities with the rehabilitation and reintegration of convicted former Al-Shabaab or associated fighters through psycho-social intervention and increased community engagement in both the pre-release and post-release phases.372 In the US, there was reported success with an innovative programme for the rehabilitation of those convicted of violent extremist offences in Boston, Los Angeles and Minneapolis. The programme is intensive and individualised, and consists of counselling, philosophy, literature and writing essays and poetry, as well as close monitoring by authorities and restricted internet use.373 There was growing interest in the treatment of children who are involved in violent extremism. Following publication of the Neuchâtel Memorandum on Juvenile Justice in 2016,374 which sets out key standards and good practices in responding to children in a counter-terrorism context, further guidelines were issued by the Global Counterterrorism Forum focusing specifically on rehabilitating children in detention convicted of violent extremist offences.375 In 2017, the UNODC published a comprehensive handbook on the treatment of children in the context of violent extremism that reaffirmed the importance of applying international standards regarding children in conflict with the law, regardless of the severity of the offence.376 RECOMMENDATION 21 Implementation of the Nelson Mandela Rules should be prioritised in any strategy to prevent radicalisation and violent extremism in prison. States should adopt individual risk and needs assessments that are grounded in human rights. Further research should be done on women-specific aspects of radicalisation and violent extremism. (SDGs 5, 10 and 16) Fragile and conflict-affected states Fragile and conflict-affected states continue to experience formidable challenges in administering effective criminal justice and prison systems, including inadequate resources, a lack of political support, outdated legislation, weak infrastructure, overcrowding, corruption, the inability to prevent and respond to violent incidents, and insufficiently trained staff. Overcrowding – which is demonstrative of failing justice systems – is a common feature in many states and can lead to fatalities. In Haiti, the country with the highest prison occupancy rate in the world377 and an estimated 80 per cent of prisoners in pre-trial detention, it was reported in early 2017 that many prisoners were dying of malnutrition and mass funerals were being held.378 During a riot in a prison in Papua New Guinea, 17 prisoners were shot dead amid allegations of overcrowding and severe shortages of food and resources.379 In South Sudan a four-month-long strike by judges that paralysed the criminal justice system resulted in severe congestion in prisons, leading to the main prison in the capital, Juba, holding three times the number of people than its official capacity.380 In Côte d’Ivoire, which has a prison occupancy level of over 200 per cent,381 100 prisoners escaped from a prison.382 The Independent National Commission on Human Rights of Liberia reported deteriorating prison conditions, and prisoners reported overcrowding, no proper medication, inadequate food, limited toilet facilities and a lack of access to courts.383 Prisons in conflict settings continued to be used for arbitrary detention and torture in breach of international law. There were reports from Human Rights Watch that the United Arab Emirates (UAE) had supported Yemeni forces in the arbitrary detention, forced disappearance and torture of dozens of people during security operations, and that the UAE also runs at least two informal detention facilities.384 There were further accounts of atrocities in Syria’s prisons, including against women specifically,385 and Amnesty International reported that nearly 18,000 people had died in custody since the crisis began in 2011.386 In Libya, the criminal justice system has all but collapsed and prisoners are held in government-run and militia-run facilities, often for long periods of time without charge.387 UN reports on the militia-run detention, which largely house migrants, exposed a systematic pattern of human rights abuses,388 and harsh conditions were also found in government-run detention centres.389 In Iraq, hundreds of so-called Islamic State suspects, including children, were held in overcrowded jails without charge and foreign nationals were in legal limbo.390 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 In 2017, the UN Department of Peacekeeping Operations provided support to national prison authorities in countries including the Central African Republic, Haiti, Darfur, Liberia and Somalia. In Libya, the UN mission established joint committees in prisons with high pre-trial rates in order to reduce the pre-trial population, which stands at 75 per cent.391 In 2017, PRI embarked on a programme in the Central African Republic to develop a strategy for demilitarisation of the prison service in collaboration with the UN mission.392 In Somalia, the UN Mission has worked since 2016 to assist with reintegrating convicted high-risk prisoners through disengagement programmes.393 (See Violent extremism in prisons, page 28). RECOMMENDATION 22 International assistance, including through UN peacekeeping missions, should give enhanced priority to the building of human rightsbased criminal justice systems. Priority should also be given to reducing prison populations through effective reforms of legislation and judicial processes. (SDGs 5, 10 and 16) | 31 PRISON MANAGEMENT Corruption in prison Corruption394 within prison systems has a whole range of negative consequences, not least on the human rights of prisoners and on effective prison management. It can prevent prisoners from accessing basic services and divert public funds from their intended purpose, and poses a severe security risk to prisoners, prison staff and prison management alike. Corruption in prisons takes many forms. Families may be required to pay bribes to prison staff merely for their relative to receive basic provisions such as food or access to showers. A recent survey of 64,000 prisoners by Mexico’s statistics agency found that as many as 87 per cent had paid bribes to guards for food, for making phone calls, or for getting a blanket or mattress.395 Furthermore, a 2017 study in Armenia found that bribes were paid to prison officers by relatives of prisoners to ensure extra showers, time outdoors for recreation, and less thorough searches. The study found that such payments had increased significantly over the past few years.396 There are also cases of staff covering up violations by their colleagues and shielding them from investigation and prosecution, and reports of prison staff participating in the trafficking of drugs and mobile phones, embezzlement, theft and assisting escapes. For instance, in Western Australia, the Corruption and Crime Commission found that prison staff were colluding to smuggle drugs into prisons.397 Independent monitoring of prisons The independent monitoring of prisons was given a significant boost when Sri Lanka and Australia ratified the UN Optional Protocol to the Convention against Torture (OPCAT) in December 2017, bringing the number of ratifications to a total of 87 countries by the end of 2017.404 This opens up places of detention to visits from the UN Subcommittee on Prevention of Torture (SPT) and establishes National Preventive Mechanisms (NPMs) – torture 32 | Corruption perpetrated by prison staff tends to be common where they are poorly paid and looking for supplemental income, and it flourishes where there are inadequate oversight and accountability mechanisms.398 Poor conditions of detention, particularly in overcrowded facilities, make it more likely that corrupt prison officers can extort payment from prisoners for basic services. The UN Subcommittee on the Prevention of Torture reported on this issue and recognised a correlation between corruption and torture, stating: ‘corruption breeds ill-treatment, and disregard for human rights contributes to the prevalence of corruption’.399 In 2017, the UN Office on Drugs and Crime produced a Handbook on Anti-Corruption Measures in Prisons which highlighted ‘[t]he inexorable link between sound prison management and the prevention of corruption’.400 It sets out a range of anti-corruption measures which include clearly acknowledging the issue, conducting a corruption risk assessment, and developing a mitigation plan. Measures should include improving the integrity of staff (training, codes of conduct, etc.), strengthening accountability (detection, investigation and sanctions) and building transparency and oversight (independent monitoring, awareness and consultation). are plans to use metal detectors, CCTV and telephone jamming equipment to prevent contraband entering prisons, as well as for staff to be subject to polygraphs (lie detector tests).401 In Kazakhstan, the prison service has adopted a multi-pronged strategy to address corruption, which includes improvements to the system for electronic documentation and establishing a telephone ‘hotline’ for people to report corruption in prisons.402 A similar ‘hotline’ initiative has been set up in the Indian state of Hyderabad, which also offers financial rewards for information.403 RECOMMENDATION 23 States should prioritise efforts to prevent and combat corruption in prisons, starting with recognising the problem, adopting a zero-tolerance policy and undertaking a full corruption risk assessment. Prison staff should be carefully selected and their remuneration and working conditions should be adequate. (SDG 16) A range of strategies has been adopted to prevent corrupt practices in prisons at the national level, although it is still rife. In Jamaica, there prevention monitoring bodies mandated to conduct regular visits to all types of places where persons are deprived of liberty. Furthermore, the Nelson Mandela Rules provide for a twofold system for regular inspections: an internal inspection by prison administrations, and external inspections conducted by a body independent of the prison administration.405 As of February 2018, 66 countries had designated NPMs406 and several countries moved towards the full functioning of their NPMs. Argentina confirmed designation of the last six members of its future NPM in December 2017, after a lengthy process;407 Chile signed a bill to establish an NPM;408 and Panama approved legislation creating their NPM.409 However, progress on setting up an NPM remained stalled in the Philippines410 and in Brazil, where only two out of 27 states have established their own local mechanism required by federal law.411 Resources remain a barrier in detention monitoring work; in 2017, the SPT noted that a fund it uses to strengthen NPMs was significantly low, stressing how critical it was that the fund remain operational and well-resourced.412 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ROLE AND USE OF TECHNOLOGIES PART FIVE Role and use of technologies In recent years, criminal justice and prison systems around the world have expanded their use of different kinds of technology to enhance community and prison-based surveillance of alleged and convicted offenders. Technology is also used increasingly for different aspects of prison management, such as facilitating access to online education and contact with family and friends. Concerns continued to be raised about the growing use of technology, including the risk of privacy breaches and the unreliability of the technology itself. There are also concerns about whether enabling prisoners to have remote contact with family, friends or heath providers via screens – often on the grounds of cost-savings – will replace human contact, a crucial aspect of rehabilitation and reintegration. (See Contact with the outside world, page 27). and Thailand. In August 2017, Romania announced that EM was being looked at to resolve prison overcrowding.415 Latvia adopted EM for prisoners on parole in 2015 and is planning to use EM as an alternative sentence to imprisonment.416 There are concerns that EM use is being expanded, despite a lack of sufficient evaluation. A study in the US found that its use had increased nearly 140 per cent between 2006 and 2016, and gave a warning that this has occurred ‘largely in the absence of data demonstrating their effectiveness for various types of offenders’.417 In the UK, academics concluded that ‘the evidence base does not match the ambitions for electronic monitoring’.418 Prisons in the US, for example, are increasingly turning to ‘telemedicine’ to provide mental healthcare and treatment.413 In a context of increasing staff shortages, this can make mental health support more accessible but has also been criticised by practitioners for inhibiting the quality of care, not least because the technology itself is not sufficiently reliable.414 Technology was also increasingly used for surveillance inside prisons. South Korea began a six-month trial in three prisons using unmanned drones to patrol inside and outside of the prisons, in order to monitor prisoners’ movements and to trace fugitives.419 Drones have also been used to drop contraband inside prisons and, in a world first, the UK is trialling the use of a device that can detect and deflect the packages that are dropped,420 as well as technology that can block signals from mobile phones being used in prisons.421 The use of electronic monitoring (EM) continued to increase, not just in Europe and North America but in other countries such as Kenya, Kazakhstan, South Africa, the Maldives, El Salvador In high-income countries, there has been a rise in access to online education and training for prisoners. In Australia, prisoners have been given notebook computers that allow them Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 to conduct self-paced learning,422 and in New Zealand, all prisons now have secure computer suites that allow access to online learning tools for education, life skills, employment and reintegration-focused training.423 In Colorado, people who were convicted when they were children and who have served at least 20 years of their sentence are being prepared for release using virtual reality, in order to practise skills they have never learned, such as doing the laundry and food shopping.424 Online access is also being used to allow prisoners to take control of different aspects of their lives directly from their cells. Belgium has invested in a comprehensive digital service called ‘Prison Cloud’, which is installed in prison cells and allows prisoners to access television, film and education provisions, to call family and friends, and to book family visits.425 The Singapore Prison Service began a trial for prisoners to share tablets in their cells that are connected to a secure internal network, in order to communicate with family, participate in online courses and read news and books.426 One study 427 found that prisons with such ‘self-service’ technology had positive results. There was a reduction in prison disciplinary offences, and reoffending in the first year after release was reduced by 5.36 per cent, compared to a 0.78 per cent reduction in comparative prisons. | 33 ROLE AND USE OF TECHNOLOGIES There is concern that remote contact with family or friends via screens will replace human contact © Mikael © Thailand Karlsson Institute / Alamy of Justice, Stock Photo. 2016 34 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ROLE AND USE OF TECHNOLOGIES The prisoner survey and usage data suggested that prisoners felt more in control of their lives and more confident in coping with technology in the outside world. Combating prisoners’ digital exclusion is important, but concerns expressed included the fact that placing computers in cells can transform the dynamic of prisons, leading to more isolation and fewer opportunities to build constructive relationships with prison staff.428 The criminal justice process has also been affected by the introduction of new technologies. In Malawi, an NGO introduced an application for smartphones and tablets called ‘Open Trial’ that has information about fair trial and detention rights, a checklist that people can use to determine whether their friends, family members or detainees have been detained legally, and a reporting function to notify the NGO of violations or concerns.429 In China, a court in Shanghai has developed an online platform allowing judges to review information sent directly from prisons when dealing with parole or commuting of sentences, thereby reducing the need to visit jails in person.430 Although such video links may increase court efficiency, critics have urged caution and studies have found that communication with courts or lawyers via video links can reduce understanding and participation, which is worsened by inadequate audio and visual quality.432 Although it is common practice for child and vulnerable witnesses to give evidence in court over video link in certain countries, the use of video links has expanded to include defendants ‘attending’ court from police stations and prisons, and for confidential consultations with lawyers. A women’s prison in Chiang Mai in Thailand, for example, uses video-conferencing for court appearances which, it claims, has saved time and resources.431 States should leverage technology to improve prisoners’ opportunities for education, skill‑building and communication, and to promote the efficiency of criminal justice systems. However, such initiatives should not reduce or replace face-to-face interaction for prisoners. (SDGs 4, 10 and 16) Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 RECOMMENDATION 24 | 35 ALTERNATIVES TO IMPRISONMENT PART SIX Alternatives to imprisonment Overall, the use of non-custodial measures and sanctions has expanded in recent years, particularly for low-level offending. This expansion has been driven by the recognition of the importance of alternatives to prison in reducing overcrowding and their effectiveness in rehabilitating offenders, particularly those who are convicted of non-violent and low-level drug-related offences. A number of countries with prison overcrowding sought to decongest prisons by introducing or expanding New approach to probation and community service for women Between 2015–17, Penal Reform International, together with the Kenya Probation and Aftercare Service, developed a new approach to probation and community service for women, in a project funded by the Thailand Institute of Justice. This project recognised the negative consequences of imprisonment experienced by women and their families, and the need to improve and expand the use of community sanctions. The different needs of women serving non-custodial alternatives have largely been overlooked until now. Within the project, the specificities faced by women in serving probation and community service were assessed through research. Based on the UN Bangkok Rules on women offenders, tools used by probation officers were adapted and tested, 36 | non-custodial options. For example, in Cambodia – where 25,000 prisoners are in facilities designed to hold 8,500, and there were almost 18,000 arrests of suspected drug traffickers and drug users in 2017 433 – the Justice Ministry announced a pilot programme of community service.434 This is an example of a trend to move towards alternative sanctions for drug-related offending, in line with commitments made at the 2016 UN with probation officers adopting a more gender-sensitive approach.440 While the project was implemented in Kenya, a model was developed so that the approach can be replicated in other countries. A set of resources to assist stakeholders in adapting their policy and practice with women serving community sanctions include: • A model for reform that lays out 10 key steps to take in order to introduce a gender-sensitive approach to community service and probation • Lessons and recommendations based on the study in Kenya on experiences of women offenders and other stakeholders, and other international research In addition, a short documentary film, a training module for probation officers, and guidelines for social investigations and pre-sentence reports were produced, to facilitate sustainable change to Kenya’s treatment of women offenders.441 General Assembly Special Session on the world drug problem. (See Drugs and imprisonment, page 14). In Rwanda, community service was previously only available to people convicted for crimes relating to the genocide; however, in 2017 the Government extended its use for offenders convicted of petty offences.435 In Morocco, where the prison population is growing, a new Code of Criminal Procedure under consideration will include alternatives to prison at both pre-trial and post-conviction stages.436 In Ireland, there was a drop of almost 40 per cent in the numbers of people being sent to prison in 2017, which was nearly entirely caused by the introduction of non-custodial sanctions for non-payment of court-ordered fines.437 While there is no reliable data on the use of community sanctions at a global level, evidence shows that there is not necessarily a correlation between reducing prison population rates and increasing community sanctions. This is seen in European countries and the US, where there is a trend towards ‘mass supervision’ of offenders. For instance, in the US there are nearly five million people under a criminal justice supervision (parole or probation), a fourfold increase since 1980.438 A study explains: ‘Probation and parole populations mushroomed alongside prison and jail populations, signalling that, with some exceptions, community corrections was serving as an add-on, rather than alternative to, incarceration’.439 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ALTERNATIVES TO IMPRISONMENT A number of countries with prison overcrowding sought to decongest prisons by introducing or expanding non-custodial options © Will Boase, 2015 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 | 37 ALTERNATIVES TO IMPRISONMENT In Europe, the number of people under some form of supervision has also grown significantly in almost all jurisdictions in recent years. Research found that of 29 European countries, 17 have more people under supervision than in prison, and that the increase has not led to a reduction in prison populations.442 Furthermore, in some countries, offenders are sent to prison for breach of the terms of their non-custodial sanction, rather than for reoffending.443 The importance of non-custodial sanctions in promoting rehabilitation and reform was evidenced in a study from Australia, which found that there was a reduction of between 11 and 31 per cent in the odds of reoffending for an offender who had been given a non-custodial sanction, compared to an offender who received a sentence of up to two years.444 In Northern Ireland, a pilot programme which combined community service, restorative justice and supervision also had positive results. There was a 40 per cent reduction in the reoffending rate for those who completed the order, leading to the pilot being considered for expansion.445 Recently there has been consideration of how alternatives could be more effective and appropriate for women, in line with the UN Bangkok Rules. For example, in Kenya a PRI project involved adapting tools used by the country’s probation service to improve investigations into genderrelevant aspects of women offenders. (See ‘New approach to probation and community service for women’, page 36). 38 | At the international level, the Third World Congress on Probation was held in Japan in September 2017. It represented a positive sign of widening recognition of the value of probation and the necessity to cooperate and share experience. Furthermore, a UN resolution called for greater use of alternatives to imprisonment,446 acknowledging the links between non-custodial sanctions and a reduction in prison overcrowding, and the contribution they make to building safer communities in support of efforts towards the Sustainable Development Goals. Notably, member states reaffirmed the importance of proportionate sentences, in which the severity of penalties for offenders is proportionate to the gravity of the offences, and mitigating and aggravating circumstances are taken into account.447 The use of restorative justice is a growing trend, whether as part of sentencing or initiated at other points of criminal justice proceedings. Restorative justice programmes include mediation, conciliation, conferencing and sentencing circles, and are defined as any process in which the victim, offender and other relevant individuals or community members affected by a crime participate together actively in the resolution of matters arising from the crime, generally with the help of a facilitator.448 Potential outcomes include protection of the victims’ rights and interests, unburdening the criminal justice system, lower rates of recidivism, and better reintegration of offenders. A 2017 survey by the UN Office on Drugs and Crime in 31 countries found that victim-offender mediation was the most commonly used type of restorative justice, and more than half of the countries surveyed used restorative justice in cases involving children in conflict with the law.449 However, it concluded that restorative justice is ‘under-used or not well-known in many parts of the world’. The Academy of Criminal Justice Science has pointed out increasing interest in understanding how restorative justice processes might be used to respond to sexual harms and domestic violence. It has also noted that ‘there continues to be barriers to the uptake of restorative justice which are related to net-widening effects, concerns about due process, lack of clarity about the identity of restorative justice, lack of appropriate messaging to those interested in retribution especially with respect to accountability expectations in restorative justice’.450 RECOMMENDATION 25 States should develop and implement alternatives to imprisonment, including restorative justice processes. A focus should be on addressing root causes of crime, including poverty and inequality, to support efforts to achieving the Sustainable Development Goals. Non-custodial sanctions should replace the use of prison, rather than widening the net of criminal justice control. (SDGs 1, 3, 4, 8, 10 and 16) Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 25 KEY RECOMMENDATIONS 25 Key recommendations 01 05 02 06 States should introduce a range of law and policy changes to reduce rates of imprisonment, such as crime prevention measures, the expansion of alternative measures, and a renewed focus on rehabilitation in both prisons and community settings. Strategies to address prison overcrowding should focus on crime prevention, expanding the use of alternatives to imprisonment and social interventions that promote sustainable development and reduce poverty and inequality. (SDGs 1, 10 and 16) 03 States should respect, protect and fulfil the full range of human rights and procedural safeguards guaranteed for people arrested. To prevent torture or illtreatment of suspects, investigative interviewing that is non-coercive should be adopted. (SDG 16) 04 Pre-trial detention should only be used as a means of last resort, and decisions to detain should be based on the presumption of innocence and the principles of necessity and proportionality. Monetary bail policies should be reviewed to ensure they do not discriminate against poor people. (SDGs 1, 10 and 16) Sentencing practice should be guided by international law, including the UN Tokyo and Bangkok Rules, and should be based on the principle of proportionality. Plea bargaining systems should be fully regulated to ensure access to justice is preserved and rights of suspects are upheld. (SDG 16) States should reduce the use of life imprisonment, taking account of the principle of proportionality and the negative impact of such sentences. Life sentences without any possibility of parole should be abolished. Conditions for life-sentenced prisoners should adhere to the minimum standards set out in the Nelson Mandela Rules. (SDGs 8, 10 and 16) 07 States that retain the death penalty should move towards abolition and establish a moratorium as a first step. States that have abolished the death penalty should support the abolition movement politically and financially. Conditions for prisoners on death row must meet minimum standards. (SDGs 3, 10 and 16) Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 08 States should review their drug policies in order to adopt evidence-based policies that include decriminalisation of minor offences, proportionality of sentencing, and non-custodial alternatives to imprisonment. Treatment as an alternative to imprisonment must be voluntary and human-rights compliant. Metrics to measure the outcomes of drug policies should include their impact on human rights, health and development. (SDGs 3, 5 and 16) 09 The UN Bangkok Rules should guide states in criminal justice reform to ensure systems meet the needs of women. Sentencing of women should take account of any victimisation, caretaking responsibilities and context of the criminal conduct, giving preference to non-custodial sanctions. (SDG 1, 5, 10 and 16) 10 Detention of children should be used as a very last resort, and the death penalty and life imprisonment should be prohibited for children. States should adopt child-friendly justice systems and protect children from violence and ill-treatment. (SDGs 3, 4, 5, 10 and 16) | 39 25 KEY RECOMMENDATIONS 11 States should assess the needs of elderly prisoners, including for rehabilitation, reintegration and healthcare, to inform prison regimes. Early release mechanisms should be adopted for elderly prisoners. (SDGs 10 and 16) 12 States should take measures to protect LGBTI people in detention, in line with the Yogyakarta Principles. Protection from violence and stigmatisation should be ensured, without restricting rights, and adequate healthcare must be provided, including hormone therapy and gender reassignment. (SDGs 5, 10 and 16) 13 States should collect data on the number of people in prison with disabilities, and review their needs in order to inform policy and practice, in line with international standards. This should include training of staff and policies to protect discriminatory treatment and abuse, as well as architectural measures. (SDGs 10 and 16) 14 States should ensure the safety of prisoners, including through dynamic security and safeguards to uphold the absolute prohibition of torture. There should be adequate staff-prisoner ratios to guarantee the exercise of effective control of prison facilities. (SDGs 10 and 16) 15 States should protect prison staff from discrimination and violence, including gender-based violence. Remuneration and working conditions should reflect the challenging nature of prison work and encourage recruitment of female correctional staff. (SDGs 5, 8 and 16) 16 Drug prevention and treatment and HIV prevention, treatment and care should be available to people in prison at the same level as that provided in the community. Efforts to recruit sufficient healthcare staff in prisons should be doubled. 17 States should develop criminal justice and prison policies with full consideration of their relevance and importance for achieving the Sustainable Development Goals of the 2030 Agenda, so that ‘no one is left behind’ and criminal justice systems play their part to contribute to a just, equitable, tolerant, open and socially inclusive world, in which the needs of the most vulnerable are met. 18 In line with the Nelson Mandela Rules and the Bangkok Rules, states should prohibit both indefinite and prolonged solitary confinement, as well as for certain groups, as stipulated in international standards. It should only be used as a last resort in exceptional cases, and then should only be applied for the shortest time possible and be subject to regular, independent review. (SDG 16) 19 States should facilitate contact between prisoners and their family and friends through regular, affordable and easy access to mail, telephones and other communications, as well as through visits in a clean, respectful and safe environment. 20 States should develop and implement individualised rehabilitation and reintegration programmes that address root causes of offending and key barriers. Any skills and vocational training should take account of the employment market to boost chances of employment post-release. Programmes for women should not reinforce gender stereotypes. (SDGs 1, 4, 5, 8, 10 and 16) (See Special Focus section) 21 Implementation of the Nelson Mandela Rules should be prioritised in any strategy to prevent radicalisation and violent extremism in prison. States should adopt individual risk and needs assessments that are grounded in human rights. Further research should be done on women-specific aspects of radicalisation and violent extremism. (SDGs 5, 10 and 16) 22 International assistance, including through UN peacekeeping missions, should give enhanced priority to the building of human rights-based criminal justice systems. Priority should also be given to reducing prison populations through effective reforms of legislation and judicial processes. (SDGs 5, 10 and 16) 23 States should prioritise efforts to prevent and combat corruption in prisons, starting with recognising the problem, adopting a zero-tolerance policy and undertaking a full corruption risk assessment. Prison staff should be carefully selected and their remuneration and working conditions should be adequate. (SDG 16) 24 States should leverage technology to improve prisoners’ opportunities for education, skill‑building and communication, and to promote the efficiency of criminal justice systems. However, such initiatives should not reduce or replace face-to-face interaction for prisoners. (SDGs 4, 10 and 16) 25 States should develop and implement alternatives to imprisonment, including restorative justice processes. A focus should be on addressing root causes of crime, including poverty and inequality, to support efforts to achieving the Sustainable Development Goals. Non-custodial sanctions should replace the use of prison, rather than widening the net of criminal justice control. (SDGs 1, 3, 4, 8, 10 and 16) (SDGs 3 and 10) 40 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ENDNOTES Endnotes All website links cited were accurate at the time of going to press in April 2018. PART 1 Crime and imprisonment 1 International Centre for the Prevention of Crime, Trends in Crime and its Prevention, 2016, Chapter 1. 2 For example, see Europol, 2017 Internet Organised Crime Threat Assessment (IOCTA), 2017, www.europol.europa.eu/ iocta/2017/index.html. 3 UN Commission on Crime Prevention and Criminal Justice, Twenty-seventh session, 14–18 May 2018, Note by the Secretariat on world crime trends and emerging issues and responses in the field of crime prevention and criminal justice, 2018, E/CN.15/2018/10. 4 Ibid. 5 Ibid. 6 Roy Walmsley, Institute for Criminal Policy Research, World Prison Population, 11th edition, 2016. 7 Roy Walmsley, Institute for Criminal Policy Research, World Female Imprisonment List, 4th edition, 2017. 8 Roy Walmsley, Institute for Criminal Policy Research, World Prison Population, 11th edition, 2016. 9 Ibid. 10 Ibid. 11 Frieder Dünkel, ‘The Rise and Fall of Prison Population Rates in Europe’, Criminology in Europe, 2016, www.esc-eurocrim.org/images/esc/ newsletters/ESC_15_2_2016.pdf. 12 ‘How do European Court judgments influence detention conditions in Russia?’, EIN Voices, 12 December 2017, www.einnetwork.org/ein-voices/2017/12/12/ how-do-european-court-judgmentsinfluence-detention-conditions-in-russia. 13 Frieder Dünkel, ‘The Rise and Fall of Prison Population Rates in Europe’, Criminology in Europe, 2016, www.esc-eurocrim.org/images/esc/ newsletters/ESC_15_2_2016.pdf. 14 ‘Dutch get creative to solve a prison problem: Too many empty cells’, The New York Times, 9 February 2017, www.nytimes. com/2017/02/09/world/europe/netherlandsprisons-shortage.html. 15 Roy Walmsley, Institute for Criminal Policy Research, World Female Imprisonment List, 4th edition, 2017. 16 Ibid. 17 David Roodman, The impacts of incarceration on crime, Open Philanthropy Project, September 2017. 18 Institute for Criminal Policy Research, World Prison Brief Database, www.prisonstudies. org/highest-to-lowest/prison-populationtotal?field_region_taxonomy_tid=All. 19 Heather McGill, ‘Prisoner transportation in Russia: travelling into the unknown’, PRI Blog, 28 November 2017, www.penalreform.org/blog/prisonertransportation-in-russia-travelling-into-theunknown/. 20 ‘Mexico’s prison population has dropped, but it’s a sign of a deeper criminal justice problem’, Business Insider, 22 December 2017, uk.businessinsider.com/r-mexicoprison-population-drops-as-policeprosecutors-bungle-cases-2017-12. 21 Report of the United Nations High Commissioner for Human Rights, Non-discrimination and the protection of persons with increased vulnerability in the administration of justice, in particular in situations of deprivation of liberties and with regard to the causes and effects of overincarceration and overcrowding, 21 August 2017, A/HRC/36/28. 22 For example, see United Nations High Commissioner for Human Rights, Human rights implications of overincarceration and overcrowding, 2015, A/HRC/30/19, para. 50. 23 Seena Fazel et al, ‘Suicide in prisons: an international study of prevalence and contributory factors’, The Lancet Psychiatry, Volume 4, Issue 12, 2017, pp946–952. 24 UN General Assembly, United Nations Standard Minimum Rules for Non-Custodial Measures (The Tokyo Rules), 2 April 1991. 25 ‘Macedonia backs amnesty to deal with overcrowded prisons’, Business Insider UK, 15 January 2018, uk.businessinsider.com/ ap-macedonia-backs-amnesty-to-dealwith-overcrowded-prisons-2018-1; Human Rights Watch, World Report 2018, January 2018, p236 (Gambia); ‘Kuwait moves to address prison overcrowding’, Gulf News, 23 January 2018, gulfnews.com/news/gulf/ kuwait/kuwait-moves-to-address-prisonovercrowding-1.2161700. 26 ‘President directs release of petty offenders’, Daily Nation, 15 February 2017, www.nation.co.ke/news/presidentdirects-release-of-petty-offenders/10563814626-54f6g6z/; ‘Nigeria: National Stakeholders’ Committee and Task of Prison Decongestion’, All Africa, 23 January 2018, allafrica.com/stories/201801230654.html. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 27 ‘Czech prisons filled up to overcapacity after respite’, Radio Praha, 2 January 2018, www.radio.cz/en/section/ curraffrs/czech-prisons-filled-up-toovercapacity-after-respite. 28 ‘Burundi frees prisoners, but rights group cautious’, News 24, 23 January 2017, www.news24.com/Africa/News/ burundi-frees-prisoners-but-rights-groupscautious-20170123. 29 ‘Turkey’s justice ministry admits the severity of prison overcrowding’, Birgun.net, 20 May 2017, www.birgun.net/haber-detay/turkeys-justice-ministry-admits-the-severity-ofprison-overcrowding-160483.html. 30 ‘Turkey boosting prison capacity to be able to jail 345,000 people in 5 years’, Turkey Purge, 11 December 2017, turkeypurge.com/ turkey-boosting-prison-capacity-able-jail345000-people-5-years. 31 ‘New prison planned to help ease the shortfall of prison places in Slovakia’, The Slovak Spectator, 11 January 2018, spectator.sme.sk/c/20735840/new-prisonplanned-to-help-ease-the-shortfall-of-prisonplaces-in-slovakia.html. 32 ‘Nigerian govt to construct 6 ultra-modern prisons nationwide’, PM News Nigeria, 16 February 2018, www.pmnewsnigeria. com/2018/02/16/nigerian-govt-construct-6ultra-modern-prisons-nationwide/. 33 Joëlle Bergeron, European Parliament Committee on Civil Liberties, Justice and Home Affairs, Report on prison systems and conditions, 6 July 2017 (2015/2062(INI)), A8-0251/2017. 34 European Court of Human Rights, Mocanu and Others v. Romania, application nos. 10865/09, 45886/07 and 32431/08, 17 September 2014. | 41 ENDNOTES PART 2 Trends in the use of imprisonment 35 UN International Covenant on Civil and Political Rights. 36 Amnesty International, Justice Under Trial: A Study Of Pre-Trial Detention In India, July 2017, p15. 37 ‘ASILEGAL presenta informe sobre indígenas privados de libertad en Chiapas y Oaxaca’, ASILEGAL, 7 November 2017, asilegal.org.mx/index.php/es/noticias/658indigenassinjusticia-asilegal-presentainforme-sobre-indigenas-privados-delibertad-en-chiapas-y-oaxaca. 38 Human Rights Watch, World Report 2018, January 2018, p89. 39 Keiji Soshoh ˉ oˉ (C. Crim. Pro.) Law No. 131 of 1948, revised in 2017, Art. 301–2, Art. 1 of Additional Clause. 40 Judicial Department, Legal Aid Commission, Human Rights and Anti-Discrimination Commission and Director of Public Prosecutions, ‘Pilot of the first hour procedure and video recorded interviews’, Joint press release, 2 May 2017, odpp.com.fj/wp-content/uploads/2017/05/ Joint-Agency-Press-Release-on-PilotProject_-May-2017.pdf. 41 ‘Committee against Torture reviews report of Paraguay’, Office of the High Commissioner for Human Rights, 27 July 2017, www.ohchr.org/EN/NewsEvents/Pages/ DisplayNews.aspx?NewsID=21920&LangID=E. 42 ‘Torture during interrogations not just wrong but also counterproductive – UN rights chief’, UN News, 22 September 2017, www.un.org/ apps/news/story.asp?NewsID=57672#. WnHZgWdLHIV; ‘Set universal standards for interviewing detainees without coercion, UN anti-torture expert urges States’, Office of the High Commissioner for Human Rights, 18 October 2016, www.ohchr.org/ EN/NewsEvents/Pages/DisplayNews. aspx?NewsID=20722&LangID=E. 43 For example, see ‘Torture is never the solution – a protocol for humane interrogations’, Association for the Prevention of Torture, 27 January 2017, www.apt.ch/en/news_on_prevention/tortureis-never-the-solution-a-protocol-for-humaneinterrogations/. 44 Convention against Torture Initiative, Investigative Interviewing for Criminal Cases: Training Tool, 2017. 45 ‘Torture during interrogations not just wrong but also counterproductive – UN rights chief’, UN News, 22 September 2017, www.un.org/ apps/news/story.asp?NewsID=57672#. WnHZgWdLHIV. 46 College of Policing Authorised Professional Practice, Investigative interviewing – PEACE Framework, www.app.college.police.uk/ app-content/investigations/investigativeinterviewing/#peace-framework. 47 Asbjørn Rachlew, ‘From interrogating to interviewing suspects of terror: Towards a new mindset’, PRI Blog, 14 March 2017, www.penalreform.org/blog/ interrogating-interviewing-suspects-terrortowards-new-mindset. 48 UN Commission on Crime Prevention and Criminal Justice, Twenty-seventh session, 14–18 May 2018, Note by the Secretariat on world crime trends and emerging issues and responses in the field of crime prevention and criminal justice, 2018, E/CN.15/2018/10. 49 Indicator 16.3.2 of the Sustainable Development Goals. 50 ‘Poor legal representation and prison decongestion’, The Guardian, 13 February 2018, guardian.ng/features/poor-legalrepresentation-and-prison-decongestion/. 42 | 51 Amnesty International, Justice Under Trial: A Study Of Pre-Trial Detention In India, July 2017, pp12, 15. 52 American Civil Liberties Union, As Much Justice As You Can Afford – Hawaii’s Accused Face an Unequal Bail System, January 2018. Also see Human Rights Watch, Not in it for Justice: How California’s Pretrial Detention and Bail System Unfairly Punishes Poor People, 2017. 53 ‘Bail reform wins final passage in Senate’, The CT Mirror, 7 June 2017, ctmirror.org/2017/06/07/bail-reform-winsfinal-passage-in-senate/; ‘50 Alabama cities reform bail practices for poor’, Criminal Legal News, 19 January 2018, www.criminallegalnews.org/news/2018/ jan/19/50-alabama-cities-reform-bailpractices-poor/; ‘New York City to end cash bail for non-felony cases in win for reform advocates’, The Guardian, 10 January 2018, www.theguardian.com/us-news/2018/jan/10/ new-york-city-to-end-cash-bail-for-nonfelony-cases-in-win-for-reform-advocates. 54 ‘Thailand weighs program to ease bail process for the poor’, Benar News, 8 December 2017, www.benarnews.org/english/news/thai/bailchange-12082017114658.html. 55 ‘Liberia: Special judiciary task force to review cases of pre-trial detainees’, AllAfrica, 16 October 2017, allafrica.com/ stories/201710170326.html. 56 Human Rights Watch, World Report 2018, January 2018, p79. 57 ‘Colombia shortens court procedure to speed up collapsing justice system’, Colombia Reports, 10 July 2017, colombiareports.com/colombia-reducescriminal-proceedings-speed-collapsingjustice-system/. 58 ‘Aya Hegazy case spotlights Egypt’s pretrial detention law’, Al-Monitor, 21 April 2017. 59 ‘Study: Courts handing down fewer jail terms’, Uutiset, 8 January 2018, yle.fi/uutiset/ osasto/news/study_courts_handing_down_ fewer_jail_terms/10011464. 60 ‘Chris Marshall: This is how long convicted murderers spend in prison’, The Scotsman, 8 November 2017, www.scotsman.com/ news/politics/chris-marshall-this-is-howlong-convicted-murderers-spend-inprison-1-4607421. 61 Jacqueline Beard, Review of unduly lenient sentences, House of Commons Briefing Paper Number 00512, 29 November 2017. 62 ‘Vast majority of sentences still have no sentencing guidelines’, Irish Times, 10 January 2018, www.irishtimes.com/ news/crime-and-law/vast-majorityof-offences-still-have-no-sentencingguidelines-1.3350342. 63 ‘NZ: three strikes law “silly”’, New Zealand Herald, 1 November 2017, www.nzherald.co.nz/nz/news/article.cfm?c_ id=1&objectid=11939273. 64 ‘New bill proposes open jail’, My Republica, 19 January 2017, www.myrepublica.com/ news/13331/. 65 US Sentencing Commission, Federal Alternative-to-Incarceration Court Programs, September 2017. 66 Fair Trials, The Disappearing Trial: Towards a rights-based approach to trial waiver systems, 2017, www.fairtrials.org/wpcontent/uploads/2017/12/Report-TheDisappearing-Trial.pdf. 67 Figures cited in: Fair Trials, The Disappearing Trial: Towards a rights-based approach to trial waiver systems, 2017. 68 ‘149 jails in India overcrowded by over 200%: Govt’, Hindustan Times, 8 August 2017, www.hindustantimes.com/indianews/149-jails-in-india-overcrowdedby-over-200-government/story3MV1QjULTHwuLZuP4sfRpL.html. 69 Fair Trials, The Disappearing Trial: Towards a rights-based approach to trial waiver systems, 2017. 70 Dirk van Zyl Smit and Catherine Appleton, Life Imprisonment: A Global Human Rights Analysis, Cambridge, MA: Harvard University Press (forthcoming 2018). The authors estimate that in 2014 there were approximately 479,000 life-sentenced prisoners. 71 Ibid. 72 Ashley Nellis, Still Life: America’s Increasing Use of Life and Long-Term Sentences, The Sentencing Project, 2017, p20. 73 Ben Crewe, Susie Hulley and Serena Wright, ‘The Gendered Pains of Life Imprisonment’, British Journal of Criminology, Volume 57, Issue 6, 1 November 2017, pp1359–1378, 1376. 74 Child Rights International Network, Inhuman Sentencing: Life imprisonment of children around the world, March 2015, p7. 75 Human Rights Council, Human rights in the administration of justice, including juvenile justice, 16 September 2015, A/HRC/30/L.16, para. 24. 76 Josh Rovner, Juvenile Life Without Parole: An Overview, The Sentencing Project, 13 October 2017. 77 For example, see ‘Few Florida Juvenile Lifers Resentenced Despite US Mandate’, US News, 31 July 2017, www.usnews.com/ news/best-states/florida/articles/2017-07-31/ few-florida-juvenile-lifers-resentenceddespite-us-mandate. 78 The Campaign for the Fair Sentencing of Youth, States that ban life without parole for children, www.fairsentencingofyouth. org/media-resources/states-that-ban-life/; Human Rights Watch, World Report 2018, January 2018, pp591–609 (USA). 79 ‘Justice at Last for the Youngest Inmates?’ New York Times, 20 November 2017, www.nytimes.com/2017/11/20/opinion/lifesentence-youth-parole.html. 80 For example, see European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 25th General Report of the CPT, April 2016, CPT/ Inf (2016) 10, para. 71. 81 ‘Prison conditions of inmates sentences to life’, AKIPress, 19 December 2017, akipress.com/news:600075/. 82 Ashley Nellis, Still Life: America’s Increasing Use of Life and Long-Term Sentences, The Sentencing Project, 2017, p6. 83 Francis Karioko Muruatetu & Wilson Thirimbu Mwangi v Republic [Writ Petition No.15 of 2015]. 84 ‘Long sentences unconstitutional – Supreme Court’, New Era, 7 February 2018, www.newera.com.na/2018/02/07/longsentences-unconstitutional-supreme-court/. 85 European Court of Human Rights, Matiošaitis and Others v. Lithuania, Application nos. 22662/13, 51059/13, 58823/13 et al, 23 May 2017. 86 All figures from: Amnesty International, Death sentences and executions in 2016, April 2017. 87 Ibid. 88 Amnesty International, Abolitionist and retentionist countries (as of March 2018), 5 March 2018. 89 Amnesty International, Mongolia: death penalty confined to history as new Criminal Code comes into effect, 1 July 2017; ‘Guatemala abolishes the death penalty for ordinary crimes’, World Coalition against the Death Penalty, 31 October 2017, www.worldcoalition.org/Guatemala_ abolishes_the_death_penalty_for_ordinary_ crimes.html. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ENDNOTES 90 ‘Gambia announces moratorium on death penalty’, Reuters, 18 February 2018, www.reuters.com/article/us-gambia-justice/ gambia-announces-moratorium-on-deathpenalty-idUSKCN1G20V2. 91 Gen Sander, Harm Reduction International, The Death Penalty for Drug Offences: Global Overview 2017, March 2018, pp6–7. 92 ‘Kenyan Supreme Court declares Mandatory Death Penalty Unconstitutional’, Death Penalty Project, 14 December 2017, www.deathpenaltyproject.org/news/2903/ kenyan-supreme-court-declares-mandatorydeath-penalty-unconstitutional/. 93 ‘Thailand moves towards abolishing death penalty’, The Straits Times, 18 October 2017, www.straitstimes.com/asia/se-asia/thailandmoves-toward-abolishing-death-penalty. 94 ‘Iran’s easing of drug laws could halt execution of 5,000 prisoners’, The Guardian, 10 January 2018, www.theguardian.com/world/2018/jan/10/ iran-ease-drug-laws-could-halt-execution5000-prisoners-death-row. 95 Gen Sander, Harm Reduction International, The Death Penalty for Drug Offences: Global Overview 2017, March 2018, p7. 96 ‘Cabinet agrees to scrap mandatory death penalty for drug traffickers’, Malaysiakini, 7 August 2017, www.malaysiakini.com/ news/391151#LcpDUFDvB0IUSXUI.99. 97 ‘Indonesian death penalty laws to be softened to allow reformed prisoners to avoid execution’, ABC News, 11 January 2018, www.abc.net.au/news/2018-0111/indonesia-to-soften-death-penaltystance/9320900. 98 Death Penalty Information Centre, The Death Penalty in 2017: Year-end report, 2017. 99 Robin M Maher, ‘Moore v. Texas: US Supreme Court enforces constitutional prohibition against executing intellectually disabled defendants’, PRI Blog, 6 April 2017, www.penalreform.org/blog/moore-v-texasthe-united-states-supreme-court/. 100 ‘Israeli death penalty advocates win preliminary vote in parliament’, Reuters, 3 January 2018, www.reuters.com/article/ us-israel-palestinians-deathpenalty/israelideath-penalty-advocates-win-preliminaryvote-in-parliament-idUSKBN1ES1DT; ‘Philippines moves closer to reinstating death penalty’, The New York Times, 1 March 2017, www.nytimes.com/2017/03/01/world/ asia/philippines-death-penalty.html. 101 ‘Erdoğan vows to reinstate death penalty as referendum opponents face “attacks and imprisonment”’, The Independent, 19 March 2017, www.independent.co.uk/ news/world/politics/recep-tayyip-erdoan-death-penalty-turkey-referendummerkel-nazi-vote-a7638151.html; ‘Maldives to restore death penalty after 60 years: Official’, Hindustan Times, 22 August 2017, www.hindustantimes.com/ world-news/maldives-to-restore-deathpenalty-after-60-years-official/storyEC7cLw6T16MoPNUGSGUU7O.html. 102 Human Rights Watch, Flawed Justice: Accountability for ISIS crimes in Iraq, 2017. 103 Human Rights Clinic, The University of Texas School of Law, Designed to Break You: Human Rights Violations on Texas’ Death Row, April 2017, p5. 104 Centre on the Death Penalty, Death Penalty India Report: Summary, 2016, p36. 105 United Nations Office on Drugs and Crime, High-level segment, 52nd session of Commission on Narcotic Drugs, Vienna, 11–12 March 2009, Political Declaration and Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to Counter the World Drug Problem, www.unodc.org/unodc/en/commissions/ CND/Political_Declarations/PoliticalDeclarations_2009-Declaration.html. 106 For example, see The Global Commission on Drug Policy, www.globalcommissionondrugs. org/about-usmission-and-history/; ‘Tackling the world drug problem: UN experts urge States to adopt human rights approach’, United Nations Office of the High Commissioner for Human Rights, 18 April 2016, www.ohchr.org/ EN/NewsEvents/Pages/DisplayNews. aspx?NewsID=19833&LangID=E. 107 Javier Sagredo, ‘UNGASS on Drugs: on expectations, coherence and sustainable development’, PRI Blog, 4 May 2016, www.penalreform.org/blog/ungass-drugsexpectations-coherence-sustainabledevelopment/. 108 ‘UN Human Rights Council reaffirms role of human rights in international drug policy debate’, PRI News, 28 March 2018, www.penalreform.org/news/un-humanrights-council-reaffirms-role-of-human. 109 Dave R. Bewley-Taylor and Marie Nougier, ‘Measuring the “world drug problem”: ARQ Revision. Beyond traditional indicators?’, Global Drug Policy Observatory Working Paper No. 3, January 2018, p6. 110 UN Commission on Crime Prevention and Criminal Justice, World crime trends and emerging issues and responses in the field of crime prevention and criminal justice, 2013, E/CN.15/2013/9, www.unodc. org/ documents/data-and-analysis/statistics/ crime/World_Crime_Trends_2013.pdf. 111 Outcome Document of the 2016 United Nations General Assembly Special Session on the World Drug Problem, 19–21 April 2016, Our Joint Commitment to Effectively Addressing and Countering the World Drug Problem, 4 May 2016, A/RES/S-30/1, para. 4j, www.unodc.org/postungass2016. 112 France: ‘France to soften cannabis laws – but not legalise’, Yahoo! News, 23 January 2018, uk.news.yahoo.com/france-softencannabis-laws-not-legalise-155418579. html; Georgia: Human Rights Watch, World Report 2018, January 2018, p242; Norway: ‘Norway votes to decriminalise drugs and offer treatment instead of jail time’, i News, 16 December 2017, inews.co.uk/news/ world/norway-votes-decriminalise-drugsoffer-treatment-instead-jail-time/; Canada: Joan Bryden, ‘Canada: Liberal MPs urge dropping criminal penalties for all illicit drug use’, International Drug Policy Consortium, 19 January 2017, idpc.net/alerts/2018/01/ liberal-mps-urge-dropping-criminalpenalties-for-all-illicit-drug-use; USA: ‘State Marijuana Laws in 2018 Map’, Governing, 8 January 2018, www.governing.com/ gov-data/state-marijuana-laws-mapmedical-recreational.html. 113 ‘48pc of prisoners linked to narcotic drugs’, Eleven, 28 February 2018, www.elevenmyanmar.com/local/13506. 114 ‘What next for Myanmar’s new drug strategy?’, IDPC, 27 February 2018, idpc. net/alerts/2018/02/what-next-for-myanmars-new-drug-strategy. 115 Human Rights Watch, World Report 2018, January 2018, p559. 116 Department of Corrections of Thailand, Prison population as of 1 March 2018, www.correct.go.th/stat102/display/result_ pdf_drug.php?date=2018-03-01. 117 Patcharavalan Akbar and Prin Laomanutsak, ‘A sprint through a year of drug policy developments in Thailand’, International Drug Policy Consortium, 15 January 2018, idpc.net/blog/2018/01/a-sprintthrough-a-year-of-drug-policydevelopments-in-thailand. 118 ‘Could seismic changes in Ghana’s narcotics laws herald a shift in Africa’s drug policy?’, Institute for Security Studies, 13 October 2017, issafrica.org/iss-today/ghanas-boldstep-away-from-the-war-on-drugs. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 119 For example, in Argentina, see David Gagne, ‘Argentina to Expand Drug Treatment Program for Minor Crimes Nationwide’, Insight Crime, 29 May 2017, www.insightcrime.org/news/brief/argentinaexpands-drug-treatment-program-minorcrimes-nationwide/. 120 U.S. Department of Justice, Office of Justice Programs, Drug Courts, May 2017, www.ncjrs.gov/pdffiles1/nij/238527.pdf. 121 Inter-American Commission on Human Rights, Measures to Reduce Pretrial Detention, OEA/Ser.L/V/II.163 Doc. 105, 3 July 2017, p95. 122 For example, see ‘Joint Open Letter by the UN Working Group on Arbitrary Detention; the Special Rapporteurs on extrajudicial, summary or arbitrary executions; torture and other cruel, inhuman or degrading treatment or punishment; the right of everyone to the highest attainable standard of mental and physical health; and the Committee on the Rights of the Child, on the occasion of the United Nations General Assembly Special Session on Drugs, New York’, 15 April 2016, Office of the High Commissioner for Human Rights, www.ohchr.org/ EN/NewsEvents/Pages/DisplayNews. aspx?NewsID=19828&LangID=E. 123 ‘Philippines: Duterte’s “Drug War” Claims 12,000+ Lives’, Human Rights Watch, 18 January 2018, www.hrw.org/ news/2018/01/18/philippines-dutertes-drugwar-claims-12000-lives. 124 ‘Preliminary examination: The Philippines’, International Criminal Court, www.icc-cpi.int/ philippines. 125 ‘Duterte to withdraw Philippines from ICC after “outrageous attacks”’, Reuters, 14 March 2018, www.reuters.com/article/usphilippines-duterte-icc/duterte-to-withdrawphilippines-from-icc-for-violations-of-dueprocess-idUSKCN1GQ0MA. 126 ‘Opioid Crisis Fast Facts’, CNN, 19 February 2018, edition.cnn.com/2017/09/18/health/ opioid-crisis-fast-facts/index.html. 127 Human Rights Watch, World Report 2018, January 2018, p593. 128 ‘Jeff Sessions to crack down on legalized marijuana, ending Obama-era policy’, The Guardian, 4 January 2018, www.theguardian.com/us-news/2018/jan/04/ jeff-sessions-to-crack-down-on-legalizedmarijuana-ending-obama-era-policy. 129 Inter-American Commission on Human Rights, Measures to Reduce Pretrial Detention, OEA/Ser.L/V/II.163 Doc. 105, 3 July 2017, para. 90. 130 Inter-American Commission on Human Rights, Measures to Reduce Pretrial Detention, OEA/Ser.L/V/II.163 Doc. 105, 3 July 2017, para. 200. 131 Human Rights Watch, World Report 2018, January 2018, p630. 132 United Nations Office on Drugs and Crime, World Drug Report 2017: Executive Summary: Conclusions and Policy Implications, 2017, p13. 133 United Nations Office on Drugs and Crime, World Drug Report 2017: Market Analysis of Synthetic Drugs (Booklet 4), 2017, p33. 134 Heino Stöver and Andrej Kastelic, ‘Drug treatment and harm reduction in prisons’, in Stefan Enggist, Lars Møller, Gauden Galea and Caroline Udesen (eds), Prisons and Health, World Health Organization, 2014, pp113–133. | 43 ENDNOTES PART 3 Prison populations 135 Data collected by UNODC shows that young men are overrepresented in offender populations, particularly in countries with high homicide rates. See UN Commission on Crime Prevention and Criminal Justice, Twenty-seventh session, 14–18 May 2018, Note by the Secretariat on world crime trends and emerging issues and responses in the field of crime prevention and criminal justice, E/CN.15/2018/10, 2018, para. 62. 136 For example, in 2014 prisoners had a median annual income of USD$19,185 prior to imprisonment, 41 per cent less than non-incarcerated people of similar ages. See ‘Prisons of Poverty: Uncovering the pre-incarceration incomes of the imprisoned’, Prison Policy Initiative, 9 July 2015, www.prisonpolicy.org/reports/ income.html. 137 For example, in the US, African Americans represent 40 per cent of federal and state prison populations, while Hispanics make up 38 per cent of federal prison populations. See: Drug Policy Alliance, The Drug War, Mass Incarceration and Race, 2016. 138 ‘Denmark plans double punishment for ghetto crime’, BBC News, 27 February 2018, www.bbc.co.uk/news/worldeurope-43214596. 139 For example, in Canada, Aboriginal adults in federal correctional services accounted for 28 per cent of admissions to custody and 26 per cent to community supervision in 2015/2016. See Julie Reitano, ‘Adult correctional statistics in Canada, 2015/2016’, Statistics Canada, p5, www.statcan.gc.ca/pub/85-002-x/2017001/ article/14700-eng.htm. 140 World Prison Brief, Institute for Criminal Policy Research, www.prisonstudies.org/ highest-to-lowest/foreign-prisoners?field_ region_taxonomy_tid=All. 141 Roy Walmsley, Institute for Criminal Policy Research, World Female Imprisonment List, 4th edition, November 2017. 142 Ibid., p2. 143 Yenni Kwok, ‘More women are in Hong Kong’s prisons than anywhere else. They should be protected, not criminalised’, The Guardian, 31 August 2017, www.theguardian.com/commentisfree/2017/ aug/31/more-women-are-in-hong-kongsprisons-than-anywhere-else-they-should-beprotected-not-criminalised. 144 For more information see ‘About WOLA’s Women, Drug Policies, and Incarceration Project’, Washington Office on Latin America, womenanddrugs.wola.org/aboutthe-project/. 145 Inter-American Commission on Human Rights, Measures to Reduce Pretrial Detention, OEA/Ser.L/V/II.163 Doc. 105, 3 July 2017, para. 200. 146 UN Human Rights Council, Report of the United Nations High Commissioner for Human Rights, Non-discrimination and the protection of persons with increased vulnerability in the administration of justice, in particular in situations of deprivation of liberty and with regard to the causes and effects of overincarceration and overcrowding, 21 August 2017, A/HRC/36/28, para. 13. 147 Aleks Kajstura, American Civil Liberties Union and Prison Policy Initiative, Women’s Mass Incarceration: The Whole Pie 2017, 19 October 2017, p3. 148 Prison Reform Trust, “There’s a reason we’re in trouble”: Domestic abuse as a driver to women’s offending, 2017, p7. 44 | 149 Australian Human Rights Law Centre and Change the Record Coalition, Over-represented and overlooked: the crisis of Aboriginal and Torres Strait Islander women’s growing over-imprisonment, May 2017, p12. 150 ‘End of mission statement by Dubravka Šimonović, United Nations Special Rapporteur on Violence against women, its causes and consequences, on her visit to Australia from 13 to 27 February 2017’, Office of the High Commissioner for Human Rights, February 2017, www.ohchr.org/ EN/NewsEvents/Pages/DisplayNews. aspx?NewsID=21243&LangID=E. 151 Prison Reform Trust, Counted Out: Black, Asian and minority ethnic women in the criminal justice system, 2017. 152 ‘Pregnant Women Will No Longer Await Trial in Brazilian Jails’, Human Rights Watch, 23 February 2018, www.hrw.org/ news/2018/02/23/pregnant-women-will-nolonger-await-trial-brazilian-jails. 153 ‘Pregnant Women and Mothers of Children of Up to 12 Years of Age to Be Placed on House Arrest’, Folha de S.Paulo, 21 February 2018, www1.folha.uol.com.br/internacional/ en/brazil/2018/02/1957522-pregnantwomen-and-mothers-of-children-of-up-to12-years-of-age-to-be-placed-on-housearrest.shtml. 154 See PRI’s resources on a gender-sensitive approach to non-custodial sentences, www.penalreform.org/resources/gendersensitive-approach-to-non-custodialsentences/. 155 Nischa Pieris, Reducing female incarceration through drug law reform in Costa Rica, Washington Office on Latin America, 2017. 156 Washington Office on Latin America, Eliminating barriers to re-entry: Criminal record reform in Costa Rica, 2017. 157 ‘Female inmates in federal prisons will now have more access to tampons and pads’, Refinery29.com, 14 August 2017, www.refinery29.com/2017/08/168010/ bureau-prisons-free-tampons-pads-inmates. 158 Joëlle Bergeron, European Parliament Committee on Civil Liberties, Justice and Home Affairs, Report on prison systems and conditions, 6 July 2017 (2015/2062(INI)), A8-0251/2017, p19. 159 ‘Are female prisoners left behind?’, Daily Monitor, 19 February 2018, www.monitor.co.ug/OpEd/Letters/Arefemale-prisoners-left-behind-/8063144310210-o2pd1a/index.html. 160 Daniela Ancira, ‘La Cana, Mexico: providing female prisoners with employment and reintegration opportunities’, PRI Blog, 4 October 2017, www.penalreform.org/ blog/la-cana-mexico-how-prison-labourprogrammes-with/. 161 ‘Op. Ed by Manfred Novak on the Global Study on Children deprived of Liberty’, Global Study on Children Deprived of Liberty, October 2017, childrendeprivedofliberty.info/ op-ed-by-manfred-novak/. 162 ‘Lawmakers scrap lowering age of criminal responsibility’, Philippine Daily Inquirer, 24 May 2017, newsinfo.inquirer.net/898945/ lawmakers-scrap-lowering-age-of-criminalresponsibility#ixzz4iC4mnr7O\. 163 ‘New York raises age of criminal responsibility in “lightning rod” reform’, The Guardian, 10 April 2017, www.theguardian.com/us-news/2017/ apr/10/new-york-raises-age-of-criminalresponsibility-teens-adult-prison. 164 ‘Minimum age of criminal responsibility to be increased’, Times Online, 17 February 2018, www.sundaytimes.lk/article/1039446/ minimum-age-of-criminal-responsibility-tobe-increased. 165 ‘Justice chief targets Juvenile Law so 18-year-olds can be charged as adults’, The Japan Times, February 2017, www.japantimes.co.jp/news/2017/02/10/ national/crime-legal/justice-ministerconsults-panel-lower-age-criminaladulthood/#.WlOIMCOcYdX. 166 ‘New facility for young offenders’, Phnom Penh Post, 20 September 2016, www.phnompenhpost.com/national/newfacility-young-offenders. 167 Trinidad and Tobago Juvenile Court Project, Children Court System, www.jcp.tt/childrencourt/system. 168 ‘Good news from Italy - proposed legislation, as described in the July 2017 Chronicle, is withdrawn by Italian Government’, International Association of Youth and Family Judges and Magistrates, 14 August 2017, www.aimjf.org/storage/www.aimjf.org/Home/ Good_news_on_the_Italian_reform_AIMJF_ website_14_08_17.pdf. 169 ‘Child arrests in England and Wales fall by 64 per cent in six years’, Howard League for Penal Reform, 7 August 2017, howardleague. org/news/childarrests2016/. 170 United Kingdom Ministry of Justice, An analysis of trends in first time entrants to the youth justice system, 2017. 171 HM Inspectorate of Probation for England and Wales, Annual Report, 2017. 172 Royal Commission into the Protection and Detention of Children in the Northern Territory, Report of the Royal Commission and Board of Inquiry into the Protection and Detention of Children in the Northern Territory, 17 November 2017. 173 ‘Council of Europe anti-torture Committee publishes report on “the former Yugoslav Republic of Macedonia”’, Council of Europe, 17 March 2016, www.coe.int/en/web/cpt/ home/-/asset_publisher/UUNAR96HRvRO/ content/council-of-europe-anti-torturecommittee-publishes-report-on-theformer-yugoslav-republic-of-macedoni2?&desktop=false. 174 Office of the Children’s Commissioner, State of Care 2017: A focus on Oranga Tamariki’s secure residences, May 2017, p22, www.occ.org.nz/assets/State-of-Care.pdf. 175 ‘Annex to the Press Release on the Visit’, Organization of American States, 15 December 2017, www.oas.org/en/iachr/ media_center/PReleases/2017/209A.asp. 176 United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules). Rules 63–65 state that ‘the carrying and use of weapons by personnel should be prohibited in any facility where juveniles are detained’. 177 ‘Hundreds of Zambian children in prison with adults’, Lusaka Voice, 8 December 2017, www.lusakavoice.com/2017/12/08/ hundreds-of-zambian-children-in-prisonwith-adults/. 178 ‘Concern in Meru as child offenders held in court cells with adults’, The Star, 11 December 2017, www.the-star.co.ke/ news/2017/12/11/concern-in-meru-as-childoffenders-held-in-court-cells-with-adults_ c1682922. 179 Patricia Taflan, Children in Custody 2016–17: An analysis of 12–18-year-olds’ perceptions of their experiences in secure training centres and young offender institutions, HM Inspectorate of Prisons, 2017. 180 The International Covenant on Civil and Political Rights and the Convention on the Rights of the Child expressly forbids capital punishment for offenders who were under the age of 18 at the time of the offences of which they were convicted. The prohibition on the execution of juvenile offenders is so widely observed that it has attained the status of a peremptory norm of international law. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ENDNOTES 181 ‘Iran: Shameful execution of man arrested at 15’, Amnesty International, 15 August 2017, www.amnesty.org/en/latest/news/2017/08/ iran-shameful-execution-of-man-arrestedat-15/. 182 ‘Somalia: Halt execution spree of children in Puntland’, Amnesty International, 28 April 2017, www.amnesty.org/en/latest/ news/2017/04/somalia-halt-execution-spreeof-children-in-puntland/. 183 ‘Japan hangs two death row inmates, including man who killed Chiba family as a minor’, The Japan Times, 19 December 2017, www.japantimes.co.jp/ news/2017/12/19/national/crime-legal/japanhangs-triple-murderer-man-minor-killedchiba-family-four. 184 Child Rights International Network, Inhuman Sentencing of Children in Kuwait, December 2017. 185 Child Rights International Network, Death Penalty: Submission for the SecretaryGeneral’s Report on the Death Penalty, 30 March 2017. 186 ‘Grab bars, handrails in some cells as number of elderly prisoners rises’, The Straits Times, 13 March 2017, www.straitstimes.com/singapore/grabbars-handrails-in-some-cells-as-number-ofelderly-prisoners-rises. 187 ‘Australian jails face elderly sex offender crisis’, ABC News, 15 September 2017, www.abc.net.au/news/2017-09-15/ australian-jails-face-elderly-sex-offendercrisis/8945030. 188 Prisons & Probation Ombudsman, Learning from PPO investigations: Older Prisoners, June 2017, www.ppo.gov.uk/ app/uploads/2017/06/6-3460_PPO_OlderPrisoners_WEB.pdf. 189 ‘Ratio of elderly ex-inmates returning to prison within 2 years rises’, Kyodo News, November 2017, english.kyodonews.net/ news/2017/11/d73393a09db5-ratio-ofelderly-ex-inmates-returning-to-prisonwithin-2-years-goes-up.html. 190 ‘The Obama administration’s plan to deal with elderly inmates isn’t working. Can it be fixed?’, Washington Post, 5 September 2017, www.washingtonpost.com/news/wonk/ wp/2017/09/05/the-obama-administrationsplan-to-deal-with-elderly-inmates-isntworking-can-it-be-fixed/. 191 ‘Duterte to grant clemency to 127 sick, elderly prisoners’, Manila Bulletin, 25 January 2017, news.mb.com.ph/2017/01/25/duterteto-grant-clemency-to-127-sick-elderlyprisoners/; Human Rights Watch, World Report 2018, January 2018, p35 (Argentina). 192 Prisons Inspectorate Scotland, Who Cares? The Lived Experience of Older Prisoners in Scotland’s Prisons, July 2017, www.prisonsinspectoratescotland. gov. uk/sites/default/files/publication_files/ SCT03172875161.pdf; ‘Elderly inmate’s death highlights lack of aging strategy in Canada’s prisons’, CBC, 25 January 2017, www.cbc.ca/news/canada/british-columbia/ seniors-in-jail-canada-1.3951603; ‘Prison Services needs strategy for dealing with inmates with dementia, ombudsman says’, British Journal of Family Medicine, August 2016, www.gmjournal.co.uk/prison-servicesneeds-strategy-for-dealing-with-inmateswith-dementia-ombudsman-says; Human Rights Watch, Old Behind Bars: The Aging Prison Population in the United States, 2012. 193 ‘Japanese Justice Ministry devises dementia test’, Japan Times, 21 January 2018, www.japantimes.co.jp/news/2018/01/21/ national/social-issues/japanese-justiceministry-devises-dementia-test-elderlyinmates/#.Wng-1macb-Z. 194 Human Rights Watch, Old Behind Bars: The Aging Prison Population in the United States, 2012. 195 United Nations General Assembly, Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, 19 July 2017, A/72/172, para. 30. 196 Ibid. 197 International Lesbian, Gay, Bisexual, Trans and Intersex Association, State-Sponsored Homophobia, 15 May 2017. 198 Human Rights Watch, They have long arms and they can find me, 26 May 2017, www.hrw.org/report/2017/05/26/they-havelong-arms-and-they-can-find-me/anti-gaypurge-local-authorities-russias. 199 ‘Azerbaijan: Anti-Gay Crackdown’, Human Rights Watch, 3 October 2017, www.hrw.org/ news/2017/10/03/azerbaijan-anti-gaycrackdown. 200 ‘Egyptian state wages unprecedented arrest campaign against LGBTI individuals’, Egyptian Initiative for Personal Rights, 4 October 2017, eipr.org/en/press/2017/10/ egyptian-state-wages-unprecedented-arrestcampaign-against-individuals-based-their. 201 United Nations Latin American Institute for the Prevention of Crime and the Treatment of Offenders, Diagnóstico sobre la situación de las personas LGBTI y otras poblaciones en condición de vulnerabilidad privadas de libertad en Costa Rica, 2017. 202 Center for American Progress and Movement Advancement Project, Unjust: How the broken juvenile and criminal justice systems fail, August 2016, www.lgbtmap.org/file/lgbtcriminal-justice-youth.pdf?ed2f26df2d9c416f bddddd2330a778c6=snbhhoobhb-sdlxdnyn. 203 ‘“Overwhelming” Number of Lesbians, Bisexual Women Incarcerated’, NBC News, 3 March 2017, www.nbcnews.com/feature/ nbc-out/overwhelming-number-lesbiansbisexual-women-incarcerated-n728666. 204 ‘USA: California: State’s prisons struggling to overhaul gender-identity policies’, San Francisco Chronicle, 5 August 2017, www.sfchronicle.com/lgbt/ article/State-s-prisons-struggling-tooverhaul-11736669.php. 205 ‘Prison system sets up new accommodations for LGBT inmates’, The Nation, 23 March 2017, www.nationmultimedia.com/news/ national/30309977. 206 ‘Canada’s prison system overhauls transgender inmate policy’, CBC News, 31 January 2018, www.cbc.ca/news/politics/ transgender-inmates-csc-policy-1.4512510. 207 ‘In historic 1st, transgender inmate wins transfer to women’s prison’, CBC News, 21 July 2017, www.cbc.ca/news/politics/ fallon-aubee-transgender-inmate-1.4215594. 208 ‘Prison allows homosexual conjugal visit for first time’, Times of Israel, 25 April 2017, www.timesofisrael.com/prison-allowshomosexual-conjugal-visit-for-first-time/. 209 Kseniya Kirichenko, International Lesbian, Gay, Bisexual, Trans and Intersex Association, United Nations Treaty Bodies: References to sexual orientation, gender identity, gender expression and sex characteristics, November 2017. 210 The Yogyakarta Principles plus 10, Principle 9: Relating to the Right to Treatment with Humanity while in Detention, November 2017, yogyakartaprinciples.org/relating-tothe-right-to-treatment-with-humanity-whilein-detention-principle-9/. 211 Human Rights Watch, “I Needed Help, Instead I Was Punished”: Abuse and Neglect of Prisoners with Disabilities in Australia, February 2018. 212 For a succinct overview of issues faced by prisoners with physical disabilities, see United Nations Office on Drugs and Crime, Handbook on Prisoners with Special Needs, 2009. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 213 European Court of Human Rights, Abele v. Latvia, Applications nos. 60429/12 and 72760/12, 5 October 2017. 214 The Marshall Project, Why Many Deaf Prisoners Can’t Call Home, 19 September 2017. 215 American Civil Liberties Union, Caged In: Solitary Confinement’s Devastating Harm on Prisoners with Physical Disabilities, January 2017. 216 ‘Settlement Removes Barriers for Disabled State Prison Inmates’, Daily Business Review, 11 December 2017, www.law.com/dailybusinessreview/sites/ dailybusinessreview/2017/12/11/settlementremoves-barriers-for-disabled-state-prison-in mates/?slreturn=20180008041137. 217 Mental Health Commission of New South Wales, Towards a just system: mental illness and cognitive impairment in the criminal justice system, July 2017. 218 Human Rights Watch, “I Needed Help, Instead I Was Punished”: Abuse and Neglect of Prisoners with Disabilities in Australia, February 2018. 219 Office of the Inspector General, U.S. Department of Justice, Review of the Federal Bureau of Prisons’ Use of Restrictive Housing for Inmates with Mental Illness, July 2017. 220 Amnesty International, Amnesty International Report 2017/18, February 2018, p89. 221 ‘South Africa: Law to Stop Detention of Mentally Ill in Prisons’, AllAfrica, February 2017, allafrica.com/ stories/201702100249.html. 222 ‘Pregnant Women Will No Longer Await Trial in Brazilian Jails’, Human Rights Watch, 23 February 2018, www.hrw.org/ news/2018/02/23/pregnant-women-will-nolonger-await-trial-brazilian-jails. 223 ‘Prisons Failing Mentally Ill, Especially Women: Federal Ombudsman’, The Epoch Times, 1 November 2017, www.theepochtimes.com/prisons-failingmentally-ill-especially-women-federalombudsman_2346726.html. 224 Marayca López and Laura MaielloReidy, ‘Prisons and the mentally ill: why design matters’, PRI Blog, 28 June 2017, www.penalreform.org/blog/prisons-and-thementally-ill-why-design-matters/. | 45 ENDNOTES PART 4: Prison management 225 ‘‘‘Screaming in terror’’: teen survivor relives ordeal of Guatemala children’s shelter fire’, The Guardian, 22 November 2017, www.theguardian.com/globaldevelopment/2017/nov/22/screamingterror-teen-survivor-guatemalachildrens-shelter-fire. 226 Human Rights Watch, World Report 2018, January 2018, p36. 227 Ibid., p418. 228 ‘Alabama Has Nation’s Most Violent Prisons, and They’re Getting Worse’, Equal Justice Initiative, 18 September 2017, eji.org/news/ alabama-prison-violence-escalating-witheight-homicides-in-2017. 229 ‘Prison violence ‘‘unacceptable in a civilised country’’’, Radio NZ, 6 December 2017, www.radionz.co.nz/news/national/345526/ prison-violence-unacceptable-in-a-civilisedcountry. 230 See United Nations Office on Drugs and Crime, World Drug Report 2017: Market Analysis of Synthetic Drugs, (Booklet 4), pp43–44, on violence in prisons associated with synthetic cannabinoid use. 231 Jacqueline Beard, Prison Safety in England and Wales, House of Commons Library Briefing, 5 December 2017. 232 ‘Philippines prison: Two dead in riot over spilt water’, BBC, 4 November 2017, www.bbc.co.uk/news/world-asia-41870456; ‘One Dead, Three Wounded in Nusakambangan Prison Riot’, Jakarta Globe, 8 November 2017, jakartaglobe.id/news/ one-dead-three-wounded-nusakambanganprison-riot/; ‘Inmates death sparks riot in Byculla women’s prison’, The Hindu, 25 June 2017, www.thehindu.com/news/ cities/mumbai/inmates-death-sparks-riotin-byculla-womens-prison/article19143262. ece; ‘Three killed, four injured in Congo jail mutiny’, Daily Nation, 30 December 2016, www.nation.co.ke/news/africa/Threekilled-four-injured-in-Congo-jail-riot/10663501830-dom2k2z/; ‘Riot breaks out at Pretoria prison’, Times Live, www.timeslive. co.za/news/south-africa/2017-07-02-watchriot-breaks-out-at-pretoria-prison/. 233 ‘Prison fight leaves nine dead in Mexico’s border city’, Reuters, 11 August 2017, www.reuters.com/article/us-mexico-prison/ prison-fight-leaves-nine-dead-in-mexicosborder-city-idUSKBN1AR05D; ‘37 Die in Clash between Inmates, Police at Venezuelan Prison’, Latin American Herald Tribune, 30 January 2018, www.laht.com/article. asp?ArticleId=2441889&CategoryId=10717; ‘42 inmates injured in Medellin prison riot’, Colombia Reports, 8 December 2017, colombiareports.com/42-inmates-injuredmedellin-prison-riot/; ‘Two inmates seriously injured in La Vega prison riot’, Dominican Today, 1 August 2017, dominicantoday.com/ dr/local/2017/08/01/two-inmates-seriouslyinjured-in-la-vega-prison-riot/; ‘Two killed, several injured in riot at Guatemala prison’, CTV News, 20 March 2017, www.ctvnews. ca/world/two-killed-several-injured-in-riot-atguatemala-prison-1.3331901. 234 ‘Rio de Janeiro violence: Hostages freed as prison riot ends’, BBC News, 19 February 2018, www.bbc.co.uk/news/world-latinamerica-43109006. 235 ‘56 killed, many beheaded, in grisly Brazil prison riot’, Al Jazeera, 3 January 2017, www.aljazeera.com/news/2017/01/60killed-beheaded-grisly-brazil-prisonriot-170102185216472.html. 236 ‘GameChangers 2017: The Long Road to Prison Reform in Latin America’, Parker Asmann, Insight Crime, 10 January 2018, www.insightcrime.org/news/analysis/ gamechangers-2017-long-road-prisonreform-latin-america/. 46 | 237 See Amnesty International, Torture in 2014: 30 years of broken promises, May 2014. 238 ‘Ending torture needs fresh commitment from every UN Member State – UN experts’, OHCHR, 23 June 2017, www.ohchr.org/ EN/NewsEvents/Pages/DisplayNews. aspx?NewsID=21794&LangID=E. 239 Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Concluding observations on the fifth periodic report of Sri Lanka, 27 January 2017, CAT/C/LKA/CO/5, para. 31. 240 Amnesty International, Report 2016/17: The State of the World’s Rights, 2017, pp51, 198, 225, 270, 312, 372. 241 ‘Argentina: over five hundred prisoners on hunger strike call for justice’, Prison Insider, 1 September 2017, www.prison-insider.com/en/news/argentineplus-de-cinq-cents-prisonniers-en-greve-dela-faim-reclament-justice. 242 ‘96 Barberton prison “lifers” go on hunger strike’, News24, 12 January 2018, www.news24.com/SouthAfrica/ News/96-barberton-prison-lifers-go-onhunger-strike-20180112; ‘Barberton Prison Inmates Hospitalised Due to Hunger Strike, says Fellow Inmate’, Eyewitness News, 13 January 2018, ewn.co.za/2018/01/13/ barberton-prison-inmate-hospitalised-dueto-hunger-strike-says-fellow-inmate. 243 ‘UN expert concerned at condition of prisoners on hunger strike in Iran’, United Nations Human Rights Office of the High Commissioner, 31 August 2017, www.ohchr.org/EN/NewsEvents/Pages/ DisplayNews.aspx?NewsID=22017&LangID=E. 244 ‘Iran: Mass hunger strike by political prisoners in protest at inhumane conditions’, Amnesty International, 22 August 2017, www.amnesty.org/en/latest/news/2017/08/ iran-mass-hunger-strike-by-politicalprisoners-in-protest-at-inhumaneconditions/. 245 Human Rights Watch, World Report 2018, January 2018, p169. 246 ‘Russia orders prison inmate on hunger strike to pay his own medical costs’, The Journal, 13 February 2017, www.thejournal.ie/russiahunger-strike-3238339-Feb2017/. 247 Human Rights Watch, World Report 2018, January 2018, p278. 248 Amnesty International, Report 2017/18: The State of the World’s Human Rights, 22 February 2018, p209. 249 ‘Guantanamo detainee: US changed forcefeeding policy’, Al Jazeera, 15 November 2017, www.aljazeera.com/news/2017/11/ guantanamo-detainee-changed-forcefeeding-policy-171115161210148.html. 250 Committee against Torture, Concluding observations on the fifth periodic report of Israel, 3 June 2016, CAT/C/ISR/CO/5, paras. 26–27. 251 World Medical Association Declaration of Tokyo – Guidelines for Physicians Concerning Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment, adopted by the 29th World Medical Assembly, October 1975. 252 World Medical Association Declaration of Malta on Hunger Strikes, adopted by the 43rd World Medical Assembly, November 1991, Principles nos. 11 and 14. 253 ‘Hunger strikes in prisons: The ICRC’s position’, International Committee of the Red Cross, 31 January 2013, www.icrc.org/ en/document/hunger-strikes-prisons-icrcposition. 254 22nd Council of Europe Conference of Directors of Prison and Probation Services, Lillestrøm, Norway, 20–21 June 2017, Staff selection, training and development in the 21st Century: Conclusions, 2017. 255 Council of Europe, European Committee on Crime Problems, Council for Penological Co-operation, 17th meeting of the Working Group, Strasbourg 22–24 January 2018, PC-CP (2018) 2, 2018. 256 ‘Prison staff in Scotland are attacked every two days’, The Scotsman, 11 November 2017, www.scotsman.com/news/politics/ prison-staff-in-scotland-are-attacked-everytwo-days-1-4610518. 257 India: ‘IS Suspect Attacks Prison Guard’, Benar News, 4 December 2017, www.benarnews.org/english/news/bengali/ jail-attack-12042017142718.html; Canada: ‘Correctional officers violently assaulted at Oliver jail’, Global News, 14 February 2018, globalnews.ca/news/4026784/correctionalofficer-violently-assaulted-at-oliver-jail/; US: ‘‘‘It’s a bloodbath”: staff describe life inside America’s most violent prison’, The Guardian, 21 October 2016, www.theguardian.com/usnews/2016/oct/21/holman-prison-alabamaguard-speaks-out. 258 South Africa: ‘Too Many Prisoners And Not Enough Warders Make A Violent Brew in South Africa’s Prisons’, Huffington Post, 27 December 2016, www.huffingtonpost. co.za/2016/12/27/too-many-prisoners-andnot-enough-warders-make-a-violent-brewin_a_21642660/. 259 ‘Prison officers permanently banned from striking after Government wins High Court bid’, Independent, 19 July 2017, www.independent.co.uk/news/uk/homenews/prison-officers-strike-ban-permanentindustrial-action-home-office-high-courtwin-prison-officers-a7848346.html. 260 ‘Women working in male prisons face harassment from inmates and co-workers’, The Washington Post, 27 January 2018, www.washingtonpost.com/local/socialissues/women-working-in-male-prisonsface-harassment-from-inmates-and-coworkers/2018/01/27/21552cee-01f1-11e89d31-d72cf78dbeee_story.html. 261 ‘£55k payout for breastfeeding Northern Ireland prison officer driven to brink of suicide by bullying’, Belfast Telegraph, 9 November 2017, www.belfasttelegraph. co.uk/news/northern-ireland/55k-payoutfor-breastfeeding-northern-ireland-prisonofficer-driven-to-brink-of-suicide-bybullying-36302549.html. 262 ‘More women urged to join prison service’, The New Times, 26 January 2018, www.newtimes.co.rw/section/read/228385/. 263 UNAIDS, Update on HIV in prisons and other closed settings, UNAIDS/PCB (41)/17.23, 23 November 2017. 264 ‘People in prisons and other closed settings’, World Health Organization, www.who.int/hiv/ topics/prisons/en/. 265 Presentation by Uganda Prison Service, 10 March 2016. 266 ‘Bangladesh: 63 jails have no doctors’, The Daily Star, 15 May 2017, www.thedailystar.net/frontpage/63-jailshave-no-doctors-1405240. 267 ‘Improve healthcare in prisons within two years, Health Committee tells Scottish Government’, Holyrood, 10 May 2017, www.holyrood.com/articles/news/improvehealthcare-prisons-within-two-years-healthcommittee-tells-scottish-government. 268 ‘Suspected cholera cases in Yemen hit one million: ICRC’, Reuters, 21 December 2017, www.reuters.com/article/us-yemen-securityhealth/suspected-cholera-cases-in-yemenhit-one-million-icrc-idUSKBN1EF0ZH; see also PRI’s work (in Arabic only): www.yemen-media.info/news_details. php?lng=arabic&sid=28831. 269 ‘High alert over cholera outbreak in Kisumu’, Business Daily, 25 July 2017, www.businessdailyafrica.com/news/ counties/Fear-cholera-outbreak-Kodiagaprison/4003142-4031974-pqcm3p/. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ENDNOTES 270 ‘Prisons in frantic bid to avert typhoid outbreak’, Daily News, 20 January 2017, www.dailynews.co.zw/articles/2017/01/20/ prisons-in-frantic-bid-to-avert-typhoidoutbreak. 271 United Nations Economic and Social Council, Commission on Crime Prevention and Criminal Justice, Ensuring access to measures for the prevention of motherto-child transmission of HIV in prisons, E/CN.15/2017/L.5/Rev.1, 25 May 2017. 272 In 2016 there was USD$679,981,251 given in philanthropic support to address HIV/AIDS, an increase from 2015. See, Funders Concerned about AIDS, Philanthropic Support to Address HIV/AIDS in 2016, December 2017. 273 ‘Proposed U.S. Cuts to AIDS Funding Could Cause Millions of Deaths: Report’, Foreign Policy, 1 December 2017, foreignpolicy. com/2017/12/01/proposed-u-s-cuts-toaids-funding-could-cause-millions-ofdeaths-report-world-aids-day-hiv-globalhealth-pepfar-state-department-trumpone-campaign/. 274 Uganda: Uganda Prison Service, Sero-behavioural Survey, 2013; Zimbabwe: ‘Zimbabwe prisoners deprived of ARVs’, Bulawayo24 News, 24 September 2017, bulawayo24.com/index-id-news-sc-nationalbyo-118414.html. 275 Harm Reduction International, The Global State of Harm Reduction, 2016, p19. 276 ‘Correctional Service Canada expands take-home naloxone kit program for inmates’, CBC News, 13 July 2017, www.cbc.ca/news/canada/saskatchewan/ corrections-take-home-naloxonekits-1.4202556. 277 Thérése Lynn, ‘Launch of the evaluation of the HSE Naloxone Demonstration Project’, Drugnet Ireland, Issue 60, Winter 2017, pp18–19; Moldova: Ina Tcaci, The impact of adopting evidence-based HIV harm reduction programs in prisons, UNODC, Presentation at the 25th International Harm Reduction Conference, Montreal, Canada, 16 May 2017. 278 Michelle Baybutt, Catherine Ritter and Hein Stöver, ‘Tobacco use in prison settings: a need for policy implementation’, in Stefan Enggist, Lars Møller, Gauden Galea and Caroline Udesen (eds), Prisons and Health, World Health Organization, 2014, pp138–147, 138. 279 For example, see Christina Hartwig, Heino Stöver and Caren Weilandt, Report on tobacco smoking in prison, European Union Directorate-General for Health and Consumers, Drug policy and harm reduction, SANCO/2006/C4/02, April 2008, p12, www.ohrn.nhs.uk/resource/policy/ TobaccoSmoking.pdf. 280 Michelle Baybutt, Catherine Ritter and Hein Stöver, ‘Tobacco use in prison settings: a need for policy implementation’, in Stefan Enggist, Lars Møller, Gauden Galea and Caroline Udesen (eds), Prisons and Health, World Health Organization, 2014, pp138–147, 138. 281 For example, see Christina Hartwig, Heino Stöver and Caren Weilandt, Report on tobacco smoking in prison, European Union Directorate-General for Health and Consumers, Drug policy and harm reduction, SANCO/2006/C4/02, April 2008, www.ohrn.nhs.uk/resource/policy/ TobaccoSmoking.pdf. 282 See World Health Organization, Health in Prisons European Database (HIPED), apps.who.int/gho/data/node.prisons.Smoke_ free_Cells?lang=en. 283 ‘Missouri prisons to go smoke free after double-murderer wins in court’, The Kansas City Star, 22 September 2017, www.kansascity.com/news/politicsgovernment/article174915201.html. 284 UK: ‘Spice use rise after HMP Cardiff smoking ban’, BBC News, 16 January 2018, www.bbc.co.uk/news/uk-walessouth-east-wales-42703361; Canada: ‘Federal prisons ban indoor smoking’, CBC News, 12 July 2005, www.cbc.ca/ news/canada/federal-prisons-ban-indoorsmoking-1.538713; Australia: ‘Victoria urged to rethink smoking ban in prisons after violent riot’, The Guardian, 1 July 2015, www.theguardian.com/australia-news/2015/ jul/01/victoria-urged-to-rethink-smokingban-in-prisons-after-violent-riot. 285 ‘Nicotine patches causing bullying and standovers at NZ prison: Ombudsman report’, New Zealand Herald, 2 August 2017, www.nzherald.co.nz/nz/news/article.cfm?c_ id=1&objectid=11898058. 286 Michelle Baybutt, Catherine Ritter and Hein Stöver, ‘Tobacco use in prison settings: a need for policy implementation’, in Stefan Enggist, Lars Møller, Gauden Galea and Caroline Udesen (eds), Prisons and Health, World Health Organization, 2014, pp138–147, 139. 287 See Rule 45(2) of the Nelson Mandela Rules, which prohibits solitary confinement and other similar measures for women, children and prisoners with mental or physical disabilities (when their conditions would be exacerbated by such measures). Also see Rule 67 of the UN Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules). 288 For example, as outlined in Sharon Shalev, ‘Solitary Confinement as a Prison Health Issue’, in Stefan Enggist, Lars Møller, Gauden Galea and Caroline Udesen (eds), Prisons and Health, World Health Organization, 2014, pp27–35. 289 Dr Agnieszka Martynowicz and Dr Linda Moore, ‘Behind the door’: Solitary confinement in the Irish Penal System, Irish Penal Reform Trust, 2018. 290 Ti Lamusse, Solitary Confinement in New Zealand Prisons, Economic and Social Research Aotearoa, 2018, p4. 291 ‘Solitary confinement up 151% in five years to 2016 – but prison population up only 16%’, 1 News Now, 29 January 2018, www.tvnz.co.nz/one-news/new-zealand/ solitary-confinement-up-151-in-five-years2016-but-prison-population-only-16. 292 Sharon Shalev, Thinking outside the Box? A review of seclusion and restraint practices in New Zealand, New Zealand Human Rights Commission, 2017, p26. 293 American Civil Liberties Union, Caged in: The Devastating Harms of Solitary Confinement on Prisoners with Physical Disabilities, 2017. 294 International Federation for Human Rights and Center for Prisoners’ Rights, United Nations Human Rights Committee (CCPR) – 121st session Joint submission for the adoption of the List of issues, 2017, www.fidh.org/IMG/pdf/fidh_-_cpr_-_japan_-_ joint_submission_for_loi.pdf. 295 Human Rights Watch, World Report 2018, January 2018, p63; see also United Nations Committee against Torture, Concluding observations on the second and third periodic reports of Bahrain, 29 May 2017, CAT/C/BHR/CO/2-3, para. 20. 296 United Nations Committee against Torture, Concluding observations on the second periodic report of Afghanistan, 12 June 2017, CAT/C/AFG/CO/2, para. 29. 297 Lauri Love v. The Government of the United States of America  EWHC 172 at . Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 298 For example, see joint report by the Department of Mental Health and Substance Abuse, World Health Organization, and the International Association for Suicide Prevention, Preventing Suicide in Jails and Prisons, 2007, p13, acknowledging the ‘disproportionate’ amount of suicides in segregation. 299 ‘Suicide attempts have more than doubled in Texas prisons’, Houston Chronicle, 5 February 2018, www.chron.com/news/ houston-texas/article/Attempted-suicidesrise-sharply-in-Texas-prisons-12553728.php. 300 ‘South Africa: Probe into Two Solitary Confinement Suicides in Western Cape Jail’, AllAfrica, 5 April 2017, allafrica.com/ stories/201704050011.html. 301 Open Society Justice Initiative and Amnesty International, Inhuman and Unnecessary: Human Rights Violations in Dutch High-Security Prisons in the Context of Counterterrorism, October 2017. 302 United Nations Committee against Torture, Concluding observations on the initial report of Lebanon, 30 May 2017, CAT/C/LBN/CO/1, para. 22. 303 United Nations Committee against Torture, Concluding observations on the combined third to fifth periodic reports of the Republic of Korea, 30 May 2017, CAT/C/KOR/CO/3-5, para. 23. 304 Ibid., para. 24; United Nations Committee against Torture, Concluding observations on the initial report of Lebanon, 30 May 2017, CAT/C/LBN/CO/1, para. 23, with reference to: United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), Rule 44. 305 Rule 67 of the UN Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules). 306 ‘Authorities defend running of Perth youth prison after allegations of torture’, The Guardian, 16 January 2018, www.theguardian.com/australia-news/2018/ jan/17/authorities-defend-running-of-perthyouth-prison-after-allegations-of-torture. 307 AB v The Secretary of State for Justice, 2017, EWHC 1694 (Admin). 308 United Nations Committee against Torture, Concluding observations on the fourth periodic report of Armenia, 26 January 2017, CAT/C/ARM/CO/4, para. 37. 309 ‘Ending Solitary for Juveniles: A Goal Grows Closer’, The Marshall Project, 1 August 2017, www.themarshallproject. org/2017/08/01/ending-solitary-for-juvenilesa-goal-grows-closer. 310 ‘Prisons see drop in solitary confinement use as vulnerable groups granted immunity’, The Globe and Mail, 7 August 2017, www.theglobeandmail.com/news/national/ prisons-see-drop-in-solitary-confinementuse-as-vulnerable-groups-granted-immunity/ article35897637/. 311 British Columbia Civil Liberties Association v. Canada (Attorney General), 2018 BCSC 62, para. 137. 312 Ibid., para. 250. 313 ‘Prisons see drop in solitary confinement use as vulnerable groups granted immunity’, The Globe and Mail, 7 August 2017, www.theglobeandmail.com/news/national/ prisons-see-drop-in-solitary-confinementuse-as-vulnerable-groups-granted-immunity/ article35897637/. 314 ‘Canada’s use of lengthy solitary confinement in jails is unconstitutional – judge’, The Guardian, 18 January 2018, www.theguardian.com/ world/2018/jan/18/canadas-use-oflengthy-solitary-confinement-in-jailsis-unconstitutional-judge. | 47 ENDNOTES 315 ‘Press release: Federal Government appeals historic solitary confinement victory’, British Columbia Civil Liberties Association, 19 February 2018, bccla.org/news/2018/02/ press-release-federal-government-appealshistoric-solitary-confinement-victory/. 316 British Columbia Civil Liberties Association v. Canada (Attorney General), 2018 BCSC 62, e.g. at para. 57. 317 Irish Penal Reform Trust, Census of Restricted Regime Prisoners October 2017, www.irishprisons.ie/wp-content/ uploads/documents_pdf/October2017-Restriction.pdf. 318 ‘Minister introduces Amendment to Prison Rules: “Meaningful Human Contact”’, Irish Penal Reform Trust, 7 July 2017, www.iprt.ie/ contents/3136. 319 Irish Prison Service, Elimination of solitary confinement: Policy document, 11 July 2017, www.irishprisons.ie/wp-content/uploads/ documents_pdf/Elimination-of-solitaryconfinement-Policy.pdf. 320 ‘Texas Prisons quietly end use of punitive solitary confinement’, Houston Chronicle, 21 September 2017, www.chron.com/news/ houston-texas/article/Texas-prisons-quietlyend-use-of-punitive-12217981.php. 321 ‘Texas prisons stop using solitary confinement as punishment’, Star-Telegram, 22 September 2017, www.star-telegram.com/news/state/ texas/article174884131.html. 322 Lord Farmer, Importance of strengthening prisoners’ family ties to prevent reoffending and reduce intergenerational crime, Ministry of Justice, 10 August 2017. 323 ‘A rare hug from daddy during special visit to prison’, Straits Times, 8 October 2017, www.straitstimes.com/singapore/a-rare-hugfrom-daddy-during-special-visit-to-prison. 324 ‘Zimbabwe: Prisoners Enjoy Rare Quality Family Time’, AllAfrica, 6 October 2017, allafrica.com/stories/201710060384.html. 325 ‘Bars on the Windows, Laughter between the Lines’, New York Times, 15 December 2017, www.nytimes.com/2017/12/15/sports/ soccer/soccer-prison-italy.html. 326 Departmental Instruction No.002, issued on 23 January 2018, information provided to Thailand Institute of Justice, February 2018. 327 ‘Parc Prison to expand school parent evenings to all inmates’, BBC News, 9 January 2018, www.bbc.co.uk/news/ukwales-south-east-wales-42620686. 328 ‘Leeuwarden prison experiments with family space for fathers’, Dutch News, 30 October 2017, www.dutchnews.nl/ news/archives/2017/10/leeuwarden-prisonexperiments-with-family-space-for-fathers/. 329 European Court of Human Rights, Polyakova and Others v. Russia, Application nos. 35090/09, 35845/11, 45694/13 and 59747/14, 7 March 2017. 330 ‘Convicts to receive mobile phone facilities in prison’, Dhaka Tribune, 8 February 2018, www.dhakatribune.com/bangladesh/2018/02/08/ convicts-mobile-phone-prison/. 331 ‘French prison cells to have landline phones in bid to improve rehabilitation’, The Telegraph, 2 January 2018, www.telegraph.co.uk/news/2018/01/02/ french-prison-cells-have-landline-phonesbid-improve-rehabilitation/. 332 Lauren Mumby and Professor Todd Hogue, Prison Voice Mail: An Initial Evaluation, University of Lincoln, August 2017. 333 ‘The end of American prison visits: jails end face-to-face contact – and families suffer’, The Guardian, 9 December 2017, www.theguardian.com/us-news/2017/ dec/09/skype-for-jailed-video-calls-prisonsreplace-in-person-visits. 48 | 334 For example, see ‘Louisiana’s Jefferson Parish moves to video-only inmate visitation’, MuckRock, 2 October 2017, www.muckrock.com/news/archives/2017/ oct/02/LA-video-call/; ‘Mecklenburg jail visits are now solely by video. Critics say that hurts inmates, families’, Charlotte Observer, 26 November 2017, www.charlotteobserver. com/news/local/article185816728.html. 335 ‘Here’s What Happened After Trump’s FCC Got to Oversee Inmates’ Phone Service’, Huffington Post, 9 August 2017, www.huffingtonpost.co.uk/entry/ heres-what-happened-after-trumpsfcc-got-to-oversee-inmate-phone-calls_ us_598b6c83e4b0449ed5079bd4. 336 ‘German court rules against overpricing phone calls for prisoners’, Reuters, 10 November 2017, www.reuters. com/article/us-germany-prison/germancourt-rules-against-overpricing-phone-callsfor-prisoners-idUSKBN1DS19V. 337 Thirteenth Congress on Crime Prevention and Criminal Justice, Doha Declaration on Integrating Crime Prevention and Criminal Justice into the Wider United Nations Agenda to Address Social and Economic Challenges and to Promote the Rule of Law at the National and International Levels, and Public Participation, Doha, 12–19 April 2015. 338 ‘“Cow therapy” to reform prison inmates in Haryan’, Deccan Herald, 18 January 2018, www.deccanherald.com/content/654578/ cow-therapy-reform-prison-inmates.html. 339 ‘Chinese prison psychodramas help rehabilitate convicts’, Global Times, 3 August 2017, www.globaltimes.cn/ content/1059418.shtml. 340 Nina Champion, ‘Prison education: university partnerships paving the way to successful reintegration’, PRI Blog, 9 January 2018, www.penalreform.org/blog/prison-educationuniversity-partnerships-paving-the-way-to/. 341 ‘Raising the Minimum Wage Can Reduce Recidivism: Study’, The Crime Report, 8 February 2018, thecrimereport.org/2018/02/08/raising-theminimum-wage-can-reduce-recidivismstudy/. 342 ‘“Irrelevant” criminal record checks harm ex-offenders’ job hopes’, The Guardian, 25 November 2017, www.theguardian.com/ uk-news/2017/nov/25/irrelevant-criminalrecord-checks-harm-job-hopes. 343 ‘Job training program for inmates stuck in prison watchdog’, CBC News, 27 January 2017, www.cbc.ca/news/canada/ nova-scotia/prison-training-workforcerehabilitation-inmates-1.3953592. 344 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Factsheet: Women in prison, CPT/Inf(2018)5, January 2018, p3. 345 ‘Roadmap to a new chance: UN releases new guidance for prison-based rehabilitation’, United Nations Office on Drugs and Crime, 1 December 2017, www.unodc.org/dohadeclaration/en/ news/2017/12/roadmap-to-a-new-chanceun-releases-new-guidance-for-prison-basedrehabilitation.html. 346 Andrew Silke and Tinka Veldhuis, ‘Countering Violent Extremism in Prisons: A Review of Key Recent Research and Critical Research Gaps’, Perspectives on Terrorism, Volume 11, Issue 5, 2017. 347 United Nations Office on Drugs and Crime, Handbook on the Management of Violent Extremist Prisoners and the Prevention of Radicalization to Violence in Prisons, 2016. Guidance was also produced by the Council of Europe: Council for Penological Cooperation, Handbook for Prison and Probation Services Regarding Radicalisation and Violent Extremism, Council of Europe, 1 December 2016, PC-CP (2016) 2 rev 4. 348 Professor Peter R. Neumann, Countering Violent Extremism and Radicalisation that Lead to Terrorism: Ideas, Recommendations, and Good Practices from the OSCE Region, Organization for Security and Co-operation in Europe, 29 September 2017. 349 ‘OSCE/ODIHR meeting explores importance of independent detention monitoring to protect human rights while preventing violent extremism and radicalisation’, Penal Reform International, 5 December 2017, www.penalreform.org/news/osceodihrand-pri-meeting-explores-importance-ofindependent/. 350 Europris, RAN/Europris Staff Training Collection, www.europris.org/file/rantraining-collection/. 351 For example, see the Vera 2 instrument, the REM (Risk Assessment Extremism for Managing), and the ERG22+ (Extremism Risk Guidance). See D. Elaine Pressman and John Flockton, ‘Violent Extremist Risk Assessment: Issues and Applications of The Vera-2 in High-Security Correctional Setting’, in Andrew Silke (ed), Prisons, Terrorism and Extremism: Critical Issues in Management, Radicalisation and Reform, January 2014. 352 Open Society Justice Initiative and Amnesty International, Inhuman and Unnecessary: Human Rights Violations in Dutch High-Security Prisons in the Context of Counterterrorism, October 2017. 353 ‘France to seal off 1,500 radicalized inmates in prisons’, The Local France, 23 February 2018, www.thelocal.fr/20180223/france-toseal-off-1500-radicalized-inmates-in-prisons. 354 Ian Acheson, Summary of the main findings of the review of Islamist extremism in prisons, probation and youth justice, Ministry of Justice, London, 2016. 355 ‘Press release: Dangerous extremists to be separated from mainstream prison population’, Ministry of Justice, 21 April 2017, www.gov.uk/government/news/ dangerous-extremists-to-be-separatedfrom-mainstream-prison-population. 356 ‘Turnbull ministers welcome new NSW prison for radical inmates’, The Guardian, 11 June 2017, www.theguardian.com/ australia-news/2017/jun/11/turnbullministers-welcome-new-nsw-prisonfor-radical-inmates. 357 United Nations Office on Drugs and Crime, Handbook on the Management of Violent Extremist Prisoners and the Prevention of Radicalization to Violence in Prisons, 2016, p137. 358 ‘Kyrgyzstan implements UN de-radicalisation programme for prisoners’, Caravanseri, October 2017, central.asia-news.com/en_ GB/articles/cnmi_ca/features/2017/10/13/ feature-01. 359 ‘Italy offers a glimpse of the international concern over violent extremism in prisons’, LA Times, 24 April 2017, www.latimes.com/ world/europe/la-fg-italy-prisons-extremists2017-story.html. 360 American Civil Liberties Union, Abandoned and Abused, 2006. 361 ‘Nepal releases more than 500 prisoners as quake damages jails’, Hindustan Times, 29 May 2015, www.hindustantimes.com/ world/nepal-releases-more-than-500prisoners-as-quake-damages-jails/storyGmVZwS2A2hdr4VYxPxYGZN.html. 362 ‘8 Guilty for Prison Massacre in Rare Trial of Haiti’s Police’, New York Times, 19 January 2012, www.nytimes.com/2012/01/20/world/ americas/7-haitian-policemen-convicted-in2011-les-cayes-prison-killings.html. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 ENDNOTES 363 The UN Office for Disaster Risk Reduction defines disaster risk reduction as ‘aimed at preventing new and reducing existing disaster risk and managing residual risk, all of which contribute to strengthening resilience and therefore to the achievement of sustainable development’, UNISDR, terminology: www.unisdr.org/we/inform/ terminology. 364 ‘Taiwan’s first solar power prison’, Taipei Times, 8 February 2017, www.taipeitimes.com/News/lang/ archives/2017/02/08/2003664533. 365 ‘Cape Town faces Day Zero’, The Guardian, 3 February 2018, www.theguardian.com/ cities/2018/feb/03/day-zero-cape-townturns-off-taps. 366 Emerald Group Publishing Limited, Reducing and Managing the risk of Disaster in Philippine Jails and Prisons, Disaster Prevention and Management Policy Brief Series #1, 2016. 367 ‘Prison inmate numbers hit all-time high in New Zealand’, News Hub, 9 February 2018, www.newshub.co.nz/home/newzealand/2018/02/prison-inmate-numbers-hitall-time-high-in-new-zealand.html. 368 United Nations Office for Project Services, Technical Guidance for Prison Planning, 2016, p35. 369 ‘California inmates help battle raging wildfires’, CNN, 18 October 2017, cnn.com/2017/10/13/us/california-firesinmate-firefighters/index.html. 370 ‘When Disaster Strikes, Inmates Can Move to the Front Lines of Community Response, Emergency Management, 25 September 2009, www.govtech.com/em/disaster/ Inmates-Community-Response.html. 371 ‘Prison programme milestone celebrated’, Housing New Zealand, 31 January 2017, www.hnzc.co.nz/news/latest-news/prisonprogramme-milestone-celebrated/. 372 United Nations Department of Peacekeeping Operations, Justice and Corrections Update, Issue 5, December 2017, peacekeeping. un.org/sites/default/files/justice_and_ corrections_update_-_december_2017.pdf. 373 ‘“An incredible transformation”: how rehab, not prison, worked for a US Isis convert’, The Guardian, 4 January 2018, www.theguardian.com/us-news/2018/ jan/04/american-isis-abdullahi-yousufrehabilatation. 374 Global Counterterrorism Forum, Initiative to Address the Life Cycle of Radicalization to Violence: Neuchâtel Memorandum on Good Practices for Juvenile Justice in a Counterterrorism Context, 2016. 375 Global Center on Cooperative Security and the International Centre for Counter-Terrorism, Rehabilitating Juvenile Violent Extremist Offenders in Detention, 2016; Global Center on Cooperative Security and International Centre for Counter-Terrorism, Correcting the Course: Advancing Juvenile Justice Principles for Children Convicted of Violent Extremism Offenses, September 2017. 376 United Nations Office on Drugs and Crime, Handbook on Children Recruited and Exploited by Terrorist and Violent Extremist Groups: The Role of the Justice System, 2017. 377 World Prison Brief, Institute for Criminal Policy Research, www.prisonstudies.org/ highest-to-lowest/occupancy-level?field_ region_taxonomy_tid=All. 378 ‘AP Exclusive: Malnutrition killing inmates in Haiti jails’, AP, February 2017, www.apnews.com/ a43ce17acfd0425cb2af90a1133a8418. 379 ‘17 shot dead in Papua New Guinea prison breakout’, The Telegraph, 15 May 2017, www.telegraph.co.uk/news/2017/05/15/17shot-dead-papua-new-guinea-prisonbreakout/. 380 ‘South Sudan prisons grapple with congestion as judges strike’, African Indy, 29 August 2017, www.africanindy.com/ news/south-sudan-prisons-grapple-withcongestion-as-judges-strike-10989970. 381 World Prison Brief, Institute for Criminal Policy Research, Cote d’Ivoire, www.prisonstudies.org/country/cote-divoire. 382 ‘Land clashes test Côte d’Ivoire’s fragile security’, IRIN, 25 October 2017, www.irinnews.org/news/2017/10/25/landclashes-test-cote-d-ivoire-s-fragile-security. 383 ‘Liberia: “Appalling” Prison Conditions Unearthed’, AllAfrica, 27 April 2017, allafrica.com/stories/201704270750.html. 384 ‘Yemen: UAE Backs Abusive Local Forces’, Human Rights Watch, 22 June 2017, www.hrw.org/news/2017/06/22/yemen-uaebacks-abusive-local-forces. 385 Lawyers and Doctors for Human Rights, Voices from the Dark: Torture and Sexual Violence Against Women in Assad’s Detention Centres, July 2017. 386 Amnesty International, Human Slaughterhouse: Mass Hangings and Extermination at Saydnaya Prison, Syria, 7 February 2017. 387 Human Rights Watch, World Report 2018, January 2018, p343–352. 388 United Nations Support Mission in Libya/Office of the United Nations High Commissioner for Human Rights, Detained and Dehumanised – Report on human rights abuses against migrants in Libya, 13 December 2016. 389 UNICEF, A Deadly Journey for Children: The Central Mediterranean Migration Route, February 2017. 390 ‘Iraq: Hundreds Detained in Degrading Conditions’, Human Rights Watch, 13 March 2017, www.hrw.org/news/2017/03/13/iraqhundreds-detained-degrading-conditions. 391 United Nations Department of Peacekeeping Operations, Justice and Corrections Update, Issue 5, December 2017, p3, peacekeeping. un.org/sites/default/files/justice_and_ corrections_update_-_december_2017.pdf. 392 For more information, see ‘PRI signs an agreement to support demilitarisation of the prison service in the Central African Republic’, Penal Reform International, 5 February 2018, www.penalreform.org/news/pri-signs-anagreement-for-central-african-republic/. 393 United Nations Department of Peacekeeping Operations, Justice and Corrections Update, Issue 5, December 2017, p4, peacekeeping.un.org/sites/default/files/ justice_and_corrections_update_-_ december_2017.pdf. 394 There is no internationally recognised definition of corruption, but the UN Subcommittee on Prevention of Torture (SPT) describes it as being ‘broadly understood as the dishonest misuse or abuse of a position of power to secure undue personal gain or advantage, or to secure undue gain or advantage for a third party’. See Committee against Torture, Seventh annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, CAT/C/52/2, 20 March 2014, para. 73. 395 ‘9 of 10 inmates in Mexico say they bribed prison guards’, Associated Press, 2 August 2017, nationalpost.com/pmn/news-pmn/9of-10-inmates-in-mexico-say-they-bribedprison-guards. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 396 ‘“Rates” in Armenian Prisons Rising, While Issues Remain Unresolved, Report Says’, E-press, 30 October 2017, epress.am/ en/2017/10/30/rates-in-armenian-prisonsrising-while-issues-remain-unresolvedreport-says.html. 397 ‘Corruption and Crime Commission investigation uncovers ease of getting drugs into WA prisons’, The West Australian, 9 December 2017, thewest.com.au/news/ wa/corruption-and-crime-commissioninvestigation-uncovers-ease-of-gettingdrugs-into-wa-prisons-ng-b88684958z. 398 Committee against Torture, Seventh annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, CAT/C/52/2, 20 March 2014, paras. 84, 85 and 91. 399 Ibid., para. 72. 400 United Nations Office on Drugs and Crime, Handbook on Anti-Corruption Measures in Prisons, 2017, p26. 401 ‘Correctional Officers to be polygraphed’, Jamaica Gleaner, 28 February 2017, jamaica-gleaner.com/article/news/20170228/ correctional-officers-recruits-bepolygraphed-prison-corruption-clampdown. 402 See PRI’s resources on addressing corruption in prisons and the police in Kazakhstan, 2018, www.penalreform.org/ resource/briefing-papers-addressingcorruption-in-prisons-and-the. 403 ‘Telangana prisons dept to reward Rs 10,000 for info on corruption in jails’, Telangana Today, 15 February 2018, telanganatoday. com/telangana-prisons-dept-to-reward-rs10000-for-info-on-corruption-in-jails. 404 The ratification status for OPCAT can be viewed online: Office of the High Commissioner for Human Rights, tbinternet. ohchr.org/_layouts/TreatyBodyExternal/ Treaty.aspx. 405 The Nelson Mandela Rules, Rule 83. 406 For up-to-date information on designation of NPMs, see Association for the Prevention of Torture, OPCAT Database, apt.ch/en/ opcat-database/. 407 ‘Argentina: National mechanism to prevent torture finally established’, 21 December 2017, apt.ch/en/news_on_prevention/ argentina-national-preventive-mechanismfinally-established/. 408 ‘Chile takes historic step on National Preventive Mechanism’, Association for the Prevention of Torture, 12 June 2017, apt.ch/en/news_on_prevention/chiletakes-historic-step-on-national-preventivemechanism/. 409 ‘Panama’s National Preventive Mechanism moves towards implementation’, Association for the Prevention of Torture, 4 May 2017, apt.ch/en/news_on_prevention/panamamoves-towards-the-implementation-of-thenational-preventive-mechanism/. 410 ‘Philippines: Strong government leadership required to set up National Preventive Mechanism’, Association for the Prevention of Torture, 26 November 2017, apt.ch/en/ news_on_prevention/philippines-stronggovernment-leadership-required-to-set-upnational-preventive-mechanism/. 411 Oral statement made by the Association for the Prevention of Torture at the UN Human Rights Council, 36th Session, September 2017, www.apt.ch/content/files/ APTOralStatement_HRC36_BrazilUPR_ EN.pdf. 412 Committee against Torture, Tenth annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, CAT/C/60/3, 3 April 2017. | 49 ENDNOTES PART 5 Role and use of technologies 413 ‘Turning to telemedicine for prisoners’ mental health treatment’, Modern Healthcare, January 2018, www.modernhealthcare.com/ article/20180106/NEWS/180109957. 414 Ibid. 415 ‘Romania could introduce electronic monitoring to reduce prison overcrowding’, Romania Times, 3 August 2017, www.romania-insider.com/electronicmonitoring-prison-overcrowding/; Confederation of European Probation, ‘Electronic monitoring implemented in Latvia’, 2017, www.cep-probation.org/ knowledgebase/electronic-monitoring/ electronic-monitoring-implemented-latvia/. 416 PRI email communication with Probation Service of Latvia, 12 February 2018. 417 Pew Charitable Trusts, Use of Electronic Offender-Tracking Devices Expands Sharply, September 2016. 418 University of Leeds, Tracking people: technological and methodological challenges: Report of event three, 15 June 2017. 419 ‘South Korea to use drones to monitor prison inmates’, Korea Times, 6 June 2017, www.scmp.com/tech/social-gadgets/ article/2097089/south-korea-use-dronesmonitor-prison-inmates. 420 ‘British prison is first to use “disruptor” to create drone-proof “shield” around jail’, The Telegraph, 16 May 2017, www.telegraph.co.uk/news/2017/05/16/ british-prison-first-use-disruptor-createdrone-proof-shield/. 421 ‘New tech to block mobile phones in Scottish jails’, BBC, 14 November 2017, www.bbc.co.uk/news/ukscotland-41971718. 422 Helen Farley and Anne Pike, ‘Engaging prisoners in education: Reducing risk and recidivism’, Advancing Corrections: Journal of the International Corrections and Prisons Association, Volume 1, 2016, pp65–73. 423 ‘Secure Online Learning now at all prisons’, National, 4 May 2017, www.national.org.nz/ secure_online_learning_now_at_all_prisons. 424 ‘Using VR to teach inmates how to live on the outside’, VICE, 27 December 2017, news.vice.com/en_us/article/bjym3w/thisprison-is-using-vr-to-teach-inmates-how-tolive-on-the-outside. 425 EBO Enterprises, PrisonCloud, www.ebo-enterprises.com/prisoncloud. 426 ‘Inmates get mail from home on tablets’, Straits Times, 3 July 2017, www.straitstimes.com/singapore/inmatesget-mail-from-home-on-tablets. 427 Cynthia McDougall, Dominic A. S. Pearson, David J. Torgerson and Maria GarciaReyes, ‘The effect of digital technology on prisoner behavior and reoffending: a natural stepped-wedge design’, Journal of Experimental Criminology, December 2017, Volume 13, Issue 4, pp455–482. 428 EuroPris, How can ICT make the offender better prepared for release?, September 2017. 429 ‘Malawi to use the OpenTrial app for citizens to access the justice system’, Next Web, 10 May 2017, thenextweb.com/ syndication/2017/05/10/malawi-useopentrial-app-citizens-access-justicesystem/#.tnw_IyuLu0nS. 430 ‘China: online courts in judiciary’, Shanghai Daily, 17 January 2018, www.shine.cn/ archive/metro/Online-courts-in-judiciary/ shdaily.shtml. 431 Information provided by the Thailand Institute of Justice, February 2018. 432 Emma Rowden, Anne Wallace, David Tait, Mark Hanson and Diane Jones, Gateways to Justice: design and operational guidelines for remote participation in court proceedings, University of Western Sydney, 2013; Transform Justice, Defendants on video – conveyor belt justice or a revolution in access?, October 2017. 440 Omar Phoenix Khan, ‘Eight things to remember when implementing a gender-sensitive approach to probation’, PRI Blog, 17 July 2017, www.penalreform.org/blog/ eight-things-to-remember-whenimplementing-a-gender/. 441 To download resources and read more about the project, see www.penalreform.org/ resources/gender-sensitive-approach-tonon-custodial-sentences/. 442 Fergus McNeill and Kristel Beyens, Offender Supervision in Europe, COST Action IS1106 Final Report, March 2016, p6, www.cep-probation.org/ wp-content/uploads/Final-Report-COSTAction-IS1106.pdf. 443 Michelle S. Phelps and Caitlin Curry, Supervision in the Community: Probation and Parole, April 2017, criminology.oxfordre.com/view/10.1093/ acrefore/9780190264079.001.0001/acrefore9780190264079-e-239?print=pdf. 444 New South Wales Bureau of Crime Statistics and Research, Intensive correction orders versus short prison sentence: A comparison of re-offending, October 2017. 445 ‘Northern Ireland: Keep out of jail order cuts re-offending rates’, BBC News, 3 August 2017, www.bbc.co.uk/news/uk-northernireland-40808086. 446 Resolution adopted by the Economic and Social Council on 6 July 2017, Promoting and encouraging the implementation of alternatives to imprisonment as part of comprehensive crime prevention and criminal justice policies, E/RES/2017/19, 18 August 2017. 447 Ibid., Preambular Paragraph 11 and Operative Paragraph 3. 448 Definition from: United Nations Office on Drugs and Crime, A summary of comments received on the use and application of the Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters, 22 May 2017, E/CN.15/2017/CRP.1. 449 Ibid. 450 Academy of Criminal Justice Science, Response to UNODC RE: ECOSOC resolution 2016/17 of 26 July 2016, Response to the UNODC’s letter for comments dated February 2017. PART 6: Alternatives to imprisonment 433 World Prison Brief, Institute for Criminal Policy Research, Cambodia, www.prisonstudies.org/country/cambodia. 434 ‘2017 in review: Cambodia’s tumultuous year’, The Phnom Penh Post, 26 February 2018, www.phnompenhpost.com/nationalpost-depth/2017-review-cambodiastumultuous-year. 435 ‘Rwanda: More Convicts to Be Introduced to Community Service Programme’, AllAfrica, 9 June 2017, allafrica.com/ stories/201706090130.html. 436 ‘40 Per cent of Moroccan Inmates Held in Pre-Trial Detention’, Morocco News, 14 February 2018, www.moroccoworldnews. com/2018/02/240616/40-percent-moroccaninmates-held-pre-trial-detention/. 437 ‘Drop in number of people jailed for not paying fines’, The Irish Times, 15 May 2017, www.irishtimes.com/news/crime-and-law/ drop-in-number-of-people-jailed-for-notpaying-fines-1.3084187. 438 Columbia University Justice Lab, Too big to succeed: The impact of the growth of community corrections and what should be done about it, 29 January 2018. 439 Ibid., p2. 50 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2018 Penal Reform International 1 Ardleigh Road London N1 4HS United Kingdom +44 (0) 207 923 0946 www.penalreform.org Twitter: @PenalReformInt Facebook: @penalreforminternational Thailand Institute of Justice GPF Building 15th–16th Floor Witthayu Road, Pathum Wan Bangkok 10330 Thailand www.tijthailand.org Email: firstname.lastname@example.org